SENATORS Mumper, Robert Gardner

To amend sections 1509.23 and 1509.39 and to enact

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section 3704.12 of the Revised Code to generally

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prohibit the sale of motor vehicle fuel containing

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methyl tertiary butyl ether (MTBE) in certain

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quantities and to authorize the Department of

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Natural Resources to specify minimum distances for

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the location of oil and gas well facilities from

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bodies of water.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1509.23 and 1509.39 be amended and	9
section 3704.12 of the Revised Code be enacted to read as follows:	10

Sec. 1509.23.  (A) Rules of the chief of the division of	11
mineral resources management may specify practices to be followed	12
in the drilling of wells and production of oil and gas for	13
protection of public health or safety or to prevent damage to	14
natural resources, including specification of the following:	15

(1) Appropriate devices, minimum;

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(2) Minimum distances that wells and other excavations,	17
structures, and equipment shall be located from water wells,	18
streets, roads, highways, rivers, lakes, streams, ponds, other	19
bodies of water, railroad tracks, and buildings, other;	20

(3) Other methods of operation, and procedures;

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(4) Procedures, methods, and equipment and other	22
requirements for equipment to prevent and contain discharges of	23
oil from oil production facilities and oil drilling and workover	24
facilities consistent with and equivalent in scope, content, and	25
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	26
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	27
as amended, and regulations adopted under it.	28

(B) The chief, in consultation with the emergency response	29
commission created in section 3750.02 of the Revised Code, shall	30
adopt rules in accordance with Chapter 119. of the Revised Code	31
that specify the information that shall be included in an	32
electronic database that the chief shall create and host. The	33
information shall be that which the chief considers to be	34
appropriate for the purpose of responding to emergency situations	35
that pose a threat to public health or safety or the environment.	36
At the minimum, the information shall include that which a person	37
who is regulated under this chapter is required to submit under	38
the "Emergency Planning and Community Right-To-Know Act of 1986,"	39
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	40
it.	41

In addition, the rules shall specify whether and to what	42
extent the database and the information that it contains will be	43
made accessible to the public. The rules shall ensure that the	44
database will be made available via the internet or a system of	45
computer disks to the emergency response commission and to every	46
local emergency planning committee and fire department in this	47
state.	48

Sec. 1509.39.  This chapter or rules adopted under it shall	49
not be construed to prevent any municipal corporation, county, or	50
township from enacting and enforcing health and safety standards	51
for the drilling and exploration for oil and gas, provided that	52
suchthose standards are not less restrictive than this chapter or	53
the rules adopted thereunderunder it by the division of mineral	54
resources management. No county or township shall adopt or	55
enforce any ordinances, resolutions, rules, or requirements	56
relative to the minimum acreage requirements for drilling units;	57
minimum distances from which a new well or related production	58
facilities may be drilled or an existing well deepened, plugged	59
back, or reopened to a source of supply different from the	60
existing pool from boundaries of tracts, drilling units, other	61
wells, streets, roads, highways, railroad tracks, and any other	62
structures or, facilities, or features included in section 1509.23	63
of the Revised Code; or the restoration or plugging of an oil and	64
gas well. No county or township shall require any permit or	65
license for the drilling, operation, production, plugging, or	66
abandonment of any oil or gas well, nor any fee, bond, or other	67
security, or insurance for any activity associated with the	68
drilling, operation, production, plugging, or abandonment of a	69
well, except for the permit provided for in section 4513.34 of the	70
Revised Code and any bond or other security associated therewith	71
with that permit.	72

Sec. 3704.12. (A) Subject to division (C) of this section, on	73
or after July 1, 2005, no person shall sell or deliver to any	74
distributor within this state, or import into this state for sale	75
in this state, any motor vehicle fuel containing methyl tertiary	76
butyl ether (MTBE) in quantities greater than one-half of one per	77
cent by volume.	78

(B) The attorney general, upon the request of the	79
director of environmental protection, shall commence an action for	80
injunctive relief in any court of competent jurisdiction against	81
any person violating or threatening to violate division (A) of	82
this section. The court may grant temporary as well as permanent	83
injunctive relief.	84

(C) The prohibitions of this section shall not operate unless	85
the United States environmental protection agency grants a waiver	86
allowing this state to control or prohibit the use of MTBE in	87
motor vehicle fuels. The director of environmental protection	88
shall apply for this waiver in a timely manner in order to obtain	89
it before July 1, 2005.	90

Section 2. That existing sections 1509.23 and 1509.39 of the	91
Revised Code are hereby repealed.	92