REPRESENTATIVES Niehaus, Reidelbach, Seitz, Kearns, Carano, Webster, Fessler, Gibbs, Husted, Peterson, Hoops, Carmichael, Blasdel, T. Patton, D. Evans, McGregor, Gilb, DeWine, Setzer, Willamowski, Raga, Schaffer, Book, Widowfield

To amend sections 303.211, 519.211, 1509.02, 1509.06,

1

1509.072, 1509.23, and 1509.31 and to repeal

2

section 1509.39 of the Revised Code to declare

3

that the Division of Mineral Resources Management

4

in the Department of Natural Resources has

5

exclusive authority to regulate the permitting,

6

location, and spacing of oil and gas wells in the

7

state, and to revise the laws governing the

8

drilling of oil and gas.

9

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

Section 1. That sections 303.211, 519.211, 1509.02, 1509.06,	10
1509.072, 1509.23, and 1509.31 of the Revised Code be amended to	11
read as follows:	12

Sec. 303.211.  (A) Except as otherwise provided in division	13
(B) or (C) of this section, sections 303.01 to 303.25 of the	14
Revised Code do not confer any power on any board of county	15
commissioners or board of zoning appeals in respect to the	16
location, erection, construction, reconstruction, change,	17
alteration, maintenance, removal, use, or enlargement of any	18
buildings or structures of any public utility or railroad, whether	19
publicly or privately owned, or the use of land by any public	20
utility or railroad for the operation of its business.	21

(B)(1) As used in this division, "telecommunications tower"	22
means any free-standing structure, or any structure to be attached	23
to a building or other structure, that meets all of the following	24
criteria:	25

(a) The free-standing or attached structure is proposed to be	26
constructed on or after October 31, 1996.	27

(b) The free-standing or attached structure is proposed to be	28
owned or principally used by a public utility engaged in the	29
provision of telecommunications services.	30

(c) The free-standing or attached structure is proposed to be	31
located in an unincorporated area of a township, in an area zoned	32
for residential use.	33

(d)(i) The free-standing structure is proposed to top at a	34
height that is greater than either the maximum allowable height of	35
residential structures within the zoned area as set forth in the	36
applicable zoning regulations, or the maximum allowable height of	37
such a free-standing structure as set forth in any applicable	38
zoning regulations in effect immediately prior to October 31,	39
1996, or as those regulations subsequently are amended.	40

(ii) The attached structure is proposed to top at a height	41
that is greater than either the height of the building or other	42
structure to which it is to be attached, or the maximum allowable	43
height of such an attached structure as set forth in any	44
applicable zoning regulations in effect immediately prior to	45
October 31, 1996, or as those regulations subsequently are	46
amended.	47

(e) The free-standing or attached structure is proposed to	48
have attached to it radio frequency transmission or reception	49
equipment.	50

(2) Sections 303.01 to 303.25 of the Revised Code confer	51
power on a board of county commissioners or board of zoning	52
appeals with respect to the location, erection, construction,	53
reconstruction, change, alteration, removal, or enlargement of a	54
telecommunications tower, but not with respect to the maintenance	55
or use of such a tower or any change or alteration that would not	56
substantially increase the tower's height. However, the power so	57
conferred shall apply to a particular telecommunications tower	58
only upon the provision of a notice, in accordance with division	59
(B)(4)(a) of this section, to the person proposing to construct	60
the tower.	61

(3) Any person who plans to construct a telecommunications	62
tower in an area subject to county zoning regulations shall	63
provide both of the following by certified mail:	64

(a) Written notice to the board of township trustees of the	65
township in which the tower is proposed to be constructed and to	66
each owner of property, as shown on the county auditor's current	67
tax list, whose land is contiguous to or directly across a street	68
or roadway from the property on which the tower is proposed to be	69
constructed, stating all of the following in clear and concise	70
language:	71

(i) The person's intent to construct the tower;

72

(ii) A description of the property sufficient to identify the	73
proposed location;	74

(iii) That, no later than fifteen days after the date of	75
mailing of the notice, such board of township trustees or any such	76
property owner may give written notice to the board of county	77
commissioners requesting that sections 303.01 to 303.25 of the	78
Revised Code apply to the proposed location of the tower as	79
provided under division (B)(4)(a) of this section.	80

If the notice to the board of township trustees or to a	81
property owner is returned unclaimed or refused, the person shall	82
mail the notice by regular mail. The failure of delivery of the	83
notice does not invalidate the notice.	84

(b) Written notice to the board of county commissioners of	85
the information specified in divisions (B)(3)(a)(i) and (ii) of	86
this section. The notice to the board also shall include	87
verification that the person has complied with division (B)(3)(a)	88
of this section.	89

(4)(a) If the board of county commissioners receives notice	90
from the board of township trustees or a property owner under	91
division (B)(3)(a)(iii) of this section within the time specified	92
in that division or if a member of the board of county	93
commissioners makes an objection to the proposed location of the	94
telecommunications tower within fifteen days after the date of	95
mailing of the notice sent under division (B)(3)(b) of this	96
section, the board of county commissioners shall send the person	97
proposing to construct the tower written notice that the tower is	98
subject to the power conferred by and in accordance with division	99
(B)(2) of this section. The notice shall be sent no later than	100
five days after the earlier of the date the board first receives	101
such a notice from the board of township trustees or a property	102
owner or the date upon which a member of the board of county	103
commissioners makes an objection. Upon the date of mailing of the	104
notice to the person, sections 303.01 to 303.25 of the Revised	105
Code shall apply to the tower.	106

(b) If the board of county commissioners receives no notice	107
under division (B)(3)(a)(iii) of this section within the time	108
prescribed by that division or no board member has an objection as	109
provided under division (B)(4)(a) of this section within the time	110
prescribed by that division, division (A) of this section shall	111
apply to the tower without exception.	112

(C) Sections 303.01 to 303.25 of the Revised Code confer	113
power on a board of county commissioners or board of zoning	114
appeals with respect to the location, erection, construction,	115
reconstruction, change, alteration, maintenance, removal, use, or	116
enlargement of any buildings or structures of a public utility	117
engaged in the business of transporting persons or property, or	118
both, or providing or furnishing such transportation service, over	119
any public street, road, or highway in this state, and with	120
respect to the use of land by any such public utility for the	121
operation of its business, to the extent that any exercise of such	122
power is reasonable and not inconsistent with Chapters 4901.,	123
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	124
However, this division confers no power on a board of county	125
commissioners or board of zoning appeals with respect to a	126
building or structure of, or the use of land by, a person engaged	127
in the transportation of farm supplies to the farm or farm	128
products from farm to market or to food fabricating plants.	129

(D) Sections 303.01 to 303.25 of the Revised Code confer no	130
power on any county rural zoning commission, board of county	131
commissioners, or board of zoning appeals to prohibit the sale or	132
use of alcoholic beverages in areas where the establishment and	133
operation of any retail business, hotel, lunchroom, or restaurant	134
is permitted.	135

(E) Sections 303.01 to 303.25 of the Revised Code do not	136
confer any power on any county rural zoning commission, board of	137
county commissioners, or board of zoning appeals to prohibit the	138
use of any land owned or leased by an industrial firm for the	139
conduct of oil or natural gas well drilling or production	140
activities or the location of associated facilities or equipment	141
when such oil or natural gas obtained by the industrial firm is	142
used for the operation of its own plants.	143

(F)(1) Any person who plans to construct a telecommunications	144
tower within one hundred feet of a residential dwelling shall	145
provide a written notice to the owner of the residential dwelling	146
and to the person occupying the residence, if that person is not	147
the owner of the residence, stating in clear and concise language	148
the person's intent to construct the tower and a description of	149
the property sufficient to identify the proposed location. The	150
notice shall be sent by certified mail. If the notice is returned	151
unclaimed or refused, the person shall mail the notice by regular	152
mail. The failure of delivery does not invalidate the notice.	153

(2) As used in division (F)(E) of this section:

154

(a) "Residential dwelling" means a building used or intended	155
to be used as a personal residence by the owner, part-time owner,	156
or lessee of the building, or any person authorized by such a	157
person to use the building as a personal residence;.	158

(b) "Telecommunications tower" has the same meaning as in	159
division (B)(1) of this section, except that the proposed location	160
of the free-standing or attached structure may be an area other	161
than an unincorporated area of a township, in an area zoned for	162
residential use.	163

Sec. 519.211.  (A) Except as otherwise provided in division	164
(B) or (C) of this section, sections 519.02 to 519.25 of the	165
Revised Code confer no power on any board of township trustees or	166
board of zoning appeals in respect to the location, erection,	167
construction, reconstruction, change, alteration, maintenance,	168
removal, use, or enlargement of any buildings or structures of any	169
public utility or railroad, whether publicly or privately owned,	170
or the use of land by any public utility or railroad, for the	171
operation of its business.	172

(B)(1) As used in this division, "telecommunications tower"	173
means any free-standing structure, or any structure to be attached	174
to a building or other structure, that meets all of the following	175
criteria:	176

(a) The free-standing or attached structure is proposed to be	177
constructed on or after October 31, 1996.	178

(b) The free-standing or attached structure is proposed to be	179
owned or principally used by a public utility engaged in the	180
provision of telecommunications services.	181

(c) The free-standing or attached structure is proposed to be	182
located in an unincorporated area of a township, in an area zoned	183
for residential use.	184

(d)(i) The free-standing structure is proposed to top at a	185
height that is greater than either the maximum allowable height of	186
residential structures within the zoned area as set forth in the	187
applicable zoning regulations, or the maximum allowable height of	188
such a free-standing structure as set forth in any applicable	189
zoning regulations in effect immediately prior to October 31,	190
1996, or as those regulations subsequently are amended.	191

(ii) The attached structure is proposed to top at a height	192
that is greater than either the height of the building or other	193
structure to which it is to be attached, or the maximum allowable	194
height of such an attached structure as set forth in any	195
applicable zoning regulations in effect immediately prior to	196
October 31, 1996, or as those regulations subsequently are	197
amended.	198

(e) The free-standing or attached structure is proposed to	199
have attached to it radio frequency transmission or reception	200
equipment.	201

(2) Sections 519.02 to 519.25 of the Revised Code confer	202
power on a board of township trustees or board of zoning appeals	203
with respect to the location, erection, construction,	204
reconstruction, change, alteration, removal, or enlargement of a	205
telecommunications tower, but not with respect to the maintenance	206
or use of such a tower or any change or alteration that would not	207
substantially increase the tower's height. However, the power so	208
conferred shall apply to a particular telecommunications tower	209
only upon the provision of a notice, in accordance with division	210
(B)(4)(a) of this section, to the person proposing to construct	211
the tower.	212

(3) Any person who plans to construct a telecommunications	213
tower in an area subject to township zoning regulations shall	214
provide both of the following by certified mail:	215

(a) Written notice to each owner of property, as shown on the	216
county auditor's current tax list, whose land is contiguous to or	217
directly across a street or roadway from the property on which the	218
tower is proposed to be constructed, stating all of the following	219
in clear and concise language:	220

(i) The person's intent to construct the tower;

221

(ii) A description of the property sufficient to identify the	222
proposed location;	223

(iii) That, no later than fifteen days after the date of	224
mailing of the notice, any such property owner may give written	225
notice to the board of township trustees requesting that sections	226
519.02 to 519.25 of the Revised Code apply to the proposed	227
location of the tower as provided under division (B)(4)(a) of this	228
section.	229

If the notice to a property owner is returned unclaimed or	230
refused, the person shall mail the notice by regular mail. The	231
failure of delivery of the notice does not invalidate the notice.	232

(b) Written notice to the board of township trustees of the	233
information specified in divisions (B)(3)(a)(i) and (ii) of this	234
section. The notice to the board also shall include verification	235
that the person has complied with division (B)(3)(a) of this	236
section.	237

(4)(a) If the board of township trustees receives notice from	238
a property owner under division (B)(3)(a)(iii) of this section	239
within the time specified in that division or if a board member	240
makes an objection to the proposed location of the	241
telecommunications tower within fifteen days after the date of	242
mailing of the notice sent under division (B)(3)(b) of this	243
section, the board shall request that the clerk of the township	244
send the person proposing to construct the tower written notice	245
that the tower is subject to the power conferred by and in	246
accordance with division (B)(2) of this section. The notice shall	247
be sent no later than five days after the earlier of the date the	248
board first receives such a notice from a property owner or the	249
date upon which a board member makes an objection. Upon the date	250
of mailing of the notice to the person, sections 519.02 to 519.25	251
of the Revised Code shall apply to the tower.	252

(b) If the board of township trustees receives no notice	253
under division (B)(3)(a)(iii) of this section within the time	254
prescribed by that division or no board member has an objection as	255
provided under division (B)(4)(a) of this section within the time	256
prescribed by that division, division (A) of this section shall	257
apply to the tower without exception.	258

(C) Sections 519.02 to 519.25 of the Revised Code confer	259
power on a board of township trustees or board of zoning appeals	260
with respect to the location, erection, construction,	261
reconstruction, change, alteration, maintenance, removal, use, or	262
enlargement of any buildings or structures of a public utility	263
engaged in the business of transporting persons or property, or	264
both, or providing or furnishing such transportation service, over	265
any public street, road, or highway in this state, and with	266
respect to the use of land by any such public utility for the	267
operation of its business, to the extent that any exercise of such	268
power is reasonable and not inconsistent with Chapters 4901.,	269
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	270
However, this division confers no power on a board of township	271
trustees or board of zoning appeals with respect to a building or	272
structure of, or the use of land by, a person engaged in the	273
transportation of farm supplies to the farm or farm products from	274
farm to market or to food fabricating plants.	275

(D) Sections 519.02 to 519.25 of the Revised Code confer no	276
power on any township zoning commission, board of township	277
trustees, or board of zoning appeals to prohibit the sale or use	278
of alcoholic beverages in areas where the establishment and	279
operation of any retail business, hotel, lunchroom, or restaurant	280
is permitted.	281

(E) Sections 519.02 to 519.25 of the Revised Code do not	282
confer any power on any township zoning commission, board of	283
township trustees, or board of zoning appeals to prohibit the use	284
of any land owned or leased by an industrial firm for the conduct	285
of oil or natural gas well drilling or production activities or	286
the location of associated facilities or equipment when such oil	287
or natural gas obtained by the industrial firm is used for the	288
operation of its own plants.	289

(F)(1) Any person who plans to construct a telecommunications	290
tower within one hundred feet of a residential dwelling shall	291
provide a written notice to the owner of the residential dwelling	292
and to the person occupying the residence, if that person is not	293
the owner of the residence stating in clear and concise language	294
the person's intent to construct the tower and a description of	295
the property sufficient to identify the proposed location. The	296
notice shall be sent by certified mail. If the notice is returned	297
unclaimed or refused, the person shall mail the notice by regular	298
mail. The failure of delivery does not invalidate the notice.	299

(2) As used in division (F)(E) of this section:

300

(a) "Residential dwelling" means a building used or intended	301
to be used as a personal residence by the owner, part-time owner,	302
or lessee of the building, or any person authorized by such a	303
person to use the building as a personal residence;.	304

(b) "Telecommunications tower" has the same meaning as in	305
division (B)(1) of this section, except that the proposed location	306
of the free-standing or attached structure may be an area other	307
than an unincorporated area of a township, in an area zoned for	308
residential use.	309

Sec. 1509.02.  There is hereby created in the department of	310
natural resources the division of mineral resources management,	311
which shall be administered by the chief of the division of	312
mineral resources management. The division has sole and exclusive	313
authority to regulate the permitting, location, and spacing of oil	314
and gas wells within the state. The regulation of oil and gas	315
activities is a matter of general statewide interest that requires	316
uniform statewide regulation, and this chapter and rules adopted	317
under it constitute a comprehensive plan with respect to all	318
aspects of the locating, drilling, and operating of oil and gas	319
wells within this state, including site restoration and disposal	320
of wastes from those wells.	321

The chief shall not hold any other public office, nor shall	322
the chief be engaged in any occupation or business that might	323
interfere with or be inconsistent with the duties as chief.	324

All moneys collected by the chief pursuant to sections	325
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222,	326
ninety per cent of moneys received by the treasurer of state from	327
the tax levied in divisions (A)(5) and (6) of section 5749.02, all	328
civil penalties paid under section 1509.33, and, notwithstanding	329
any section of the Revised Code relating to the distribution or	330
crediting of fines for violations of the Revised Code, all fines	331
imposed under divisions (A) and (B) of section 1509.99 of the	332
Revised Code and fines imposed under divisions (C) and (D) of	333
section 1509.99 of the Revised Code for all violations prosecuted	334
by the attorney general and for violations prosecuted by	335
prosecuting attorneys that do not involve the transportation of	336
brine by vehicle shall be deposited into the state treasury to the	337
credit of the oil and gas well fund, which is hereby created.	338
Fines imposed under divisions (C) and (D) of section 1509.99 of	339
the Revised Code for violations prosecuted by prosecuting	340
attorneys that involve the transportation of brine by vehicle	341
shall be paid to the county treasury of the county where the	342
violation occurred.	343

The fund shall be used for the purposes enumerated in	344
division (B) of section 1509.071 of the Revised Code, for the	345
expenses of the division associated with the administration of the	346
"Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 3301,	347
and for the division's other functions. The expenses of the	348
division in excess of the moneys available in the fund shall be	349
paid from general revenue fund appropriations to the department.	350

Sec. 1509.06.  An application for a permit to drill a new	351
well, drill an existing well deeper, reopen a well, convert a well	352
to any use other than its original purpose, or plug back a well to	353
a different source of supply shall be filed with the chief of the	354
division of mineral resources management upon such form as the	355
chief prescribes and shall contain each of the following that is	356
applicable:	357

(A) The name and address of the owner and, if a corporation,	358
the name and address of the statutory agent;	359

(B) The signature of the owner or the owner's authorized	360
agent. When an authorized agent signs an application, it shall be	361
accompanied by a certified copy of the appointment as such agent.	362

(C) The names and addresses of all persons holding the	363
royalty interest in the tract upon which the well is located or is	364
to be drilled or within a proposed drilling unit;	365

(D) The location of the tract or drilling unit on which the	366
well is located or is to be drilled identified by section or lot	367
number, city, village, township, and county;	368

(E) Designation of the well by name and number;

369

(F) The geological formation to be tested or used and the	370
proposed total depth of the well;	371

(G) The type of drilling equipment to be used;

372

(H) If the well is for the injection of a liquid, identity of	373
the geological formation to be used as the injection zone and the	374
composition of the liquid to be injected;	375

(I) A sworn statement that all requirements of any municipal	376
corporation, county, or township having jurisdiction over any	377
activity related to the drilling or operation of an oil or gas	378
well that have been filed with the division of mineral resources	379
management and are in effect at the time the application is filed,	380
including, but not limited to, zoning ordinances and resolutions	381
and the requirements of section 4513.34 of the Revised Code, will	382
be complied with until abandonment of the well;	383

(J) A plan for restoration of the land surface disturbed by	384
drilling operations. The plan shall provide for compliance with	385
the restoration requirements of division (A) of section 1509.072	386
of the Revised Code and any rules adopted by the chief pertaining	387
to that restoration.	388

(K)(J) A description by name or number of the county,	389
township, and municipal corporation roads, streets, and highways	390
that the applicant anticipates will be used for access to and	391
egress from the well site;	392

(L)(K) Such other relevant information as the chief	393
prescribes by rule.	394

Each application shall be accompanied by a map, on a scale	395
not smaller than four hundred feet to the inch, prepared by an	396
Ohio registered surveyor, showing the location of the well and	397
containing such other data as may be prescribed by the chief. If	398
the well is or is to be located within the excavations and	399
workings of a mine, the map also shall include the location of the	400
mine, the name of the mine, and the name of the person operating	401
the mine.	402

The chief shall cause a copy of the weekly circular prepared	403
by the division to be provided to the county engineer of each	404
county that contains active or proposed drilling activity. The	405
weekly circular shall contain, in the manner prescribed by the	406
chief, the names of all applicants for permits, the location of	407
each well or proposed well, the information required by division	408
(K)(J) of this section, and any additional information the chief	409
prescribes.	410

The chief shall not issue a permit for at least ten days	411
after the date of filing of the application for the permit unless,	412
upon reasonable cause shown, the chief waives that period or a	413
request for expedited review is filed under this section. However,	414
the chief shall issue a permit within twenty-one days of the	415
filing of the application unless the chief denies the application	416
by order.	417

An applicant may file a request with the chief for expedited	418
review of a permit application if the well is not or is not to be	419
located in a gas storage reservoir or reservoir protective area,	420
as "reservoir protective area" is defined in section 1571.01 of	421
the Revised Code. If the well is or is to be located in a coal	422
bearing township, the application shall be accompanied by the	423
affidavit of the landowner prescribed in section 1509.08 of the	424
Revised Code.	425

In addition to a complete application for a permit that meets	426
the requirements of this section and the permit fee prescribed by	427
this section, a request for expedited review shall be accompanied	428
by a separate nonrefundable filing fee of five hundred dollars.	429
Upon the filing of a request for expedited review, the chief shall	430
cause the county engineer of the county in which the well is or is	431
to be located to be notified of the filing of the permit	432
application and the request for expedited review by telephone or	433
other means that in the judgment of the chief will provide timely	434
notice of the application and request. The chief shall issue a	435
permit within seven days of the filing of the request unless the	436
chief denies the application by order. Notwithstanding the	437
provisions of this section governing expedited review of permit	438
applications, the chief may refuse to accept requests for	439
expedited review if, in the chief's judgment, the acceptance of	440
the requests would prevent the issuance, within twenty-one days of	441
their filing, of permits for which applications are pending.	442

A well shall be drilled and operated in accordance with the	443
plans, sworn statements, and other information submitted in the	444
approved application.	445

The chief shall issue an order denying a permit if the chief	446
finds that there is a substantial risk that the operation will	447
result in violations of this chapter or rules adopted under it	448
that will present an imminent danger to public health or safety or	449
damage to the environment, provided that where the chief finds	450
that terms or conditions to the permit can reasonably be expected	451
to prevent such violations, the chief shall issue the permit	452
subject to those terms or conditions.	453

Each application for a permit required by section 1509.05 of	454
the Revised Code, except an application for a well drilled or	455
reopened for purposes of section 1509.22 of the Revised Code, also	456
shall be accompanied by a nonrefundable fee of two hundred fifty	457
dollars.	458

The chief may order the immediate suspension of drilling,	459
operating, or plugging activities after finding that any person is	460
causing, engaging in, or maintaining a condition or activity that	461
in the chief's judgment presents an imminent danger to public	462
health or safety or results in or is likely to result in immediate	463
substantial damage to natural resources or for nonpayment of the	464
fee required by this section. The chief may order the immediate	465
suspension of the drilling or reopening of a well in a coal	466
bearing township after determining that the drilling or reopening	467
activities present an imminent and substantial threat to public	468
health or safety or to miners' health or safety. Before issuing	469
any such order, the chief shall notify the owner in such manner as	470
in the chief's judgment would provide reasonable notification that	471
the chief intends to issue a suspension order. The chief may issue	472
such an order without prior notification if reasonable attempts to	473
notify the owner have failed, but in such an event notification	474
shall be given as soon thereafter as practical. Within five	475
calendar days after the issuance of the order, the chief shall	476
provide the owner an opportunity to be heard and to present	477
evidence that the condition or activity is not likely to result in	478
immediate substantial damage to natural resources or does not	479
present an imminent danger to public health or safety or to	480
miners' health or safety, if applicable. In the case of activities	481
in a coal bearing township, if the chief, after considering	482
evidence presented by the owner, determines that the activities do	483
not present such a threat, the chief shall revoke the suspension	484
order. Notwithstanding any provision of this chapter, the owner	485
may appeal a suspension order directly to the court of common	486
pleas of the county in which the activity is located or, if in a	487
coal bearing township, to the reclamation commission under section	488
1513.13 of the Revised Code.	489

Sec. 1509.072.  No oil or gas well owner or agent of an oil	490
or gas well owner shall fail to restore the land surface within	491
the area disturbed in siting, drilling, completing, and producing	492
the well as required in this section.	493

(A) Within five months after the date upon which the surface	494
drilling of a well is commenced, the owner or the owner's agent,	495
in accordance with the restoration plan filed under division	496
(J)(I) of section 1509.06 of the Revised Code, shall fill all the	497
pits for containing brine, other waste substances resulting,	498
obtained, or produced in connection with exploration or drilling	499
for, or production of, oil or gas, or oil that are not required by	500
other state or federal law or regulation, and remove all concrete	501
bases, drilling supplies, and drilling equipment. Within nine	502
months after the date upon which the surface drilling of a well is	503
commenced, the owner or the owner's agent shall grade or terrace	504
and plant, seed, or sod the area disturbed that is not required in	505
production of the well where necessary to bind the soil and	506
prevent substantial erosion and sedimentation. If the chief of the	507
division of mineral resources management finds that a pit used for	508
containing brine, other waste substances, or oil is in violation	509
of section 1509.22 of the Revised Code or rules adopted or orders	510
issued under it, the chief may require the pit to be emptied and	511
closed before expiration of the five-month restoration period.	512

(B) Within six months after a well that has produced oil or	513
gas is plugged, or after the plugging of a dry hole, the owner or	514
the owner's agent shall remove all production and storage	515
structures, supplies, and equipment, and any oil, salt water, and	516
debris, and fill any remaining excavations. Within that period the	517
owner or the owner's agent shall grade or terrace and plant, seed,	518
or sod the area disturbed where necessary to bind the soil and	519
prevent substantial erosion and sedimentation.	520

The owner shall be released from responsibility to perform	521
any or all restoration requirements of this section on any part or	522
all of the area disturbed upon the filing of a request for a	523
waiver with and obtaining the written approval of the chief, which	524
request shall be signed by the surface owner to certify the	525
approval of the surface owner of the release sought. The chief	526
shall approve the request unless the chief finds upon inspection	527
that the waiver would be likely to result in substantial damage to	528
adjoining property, substantial contamination of surface or	529
underground water, or substantial erosion or sedimentation.	530

The chief, by order, may shorten the time periods provided	531
for under division (A) or (B) of this section if failure to	532
shorten the periods would be likely to result in damage to public	533
health or the waters or natural resources of the state.	534

The chief, upon written application by an owner or an owner's	535
agent showing reasonable cause, may extend the period within which	536
restoration shall be completed under divisions (A) and (B) of this	537
section, but not to exceed a further six-month period, except	538
under extraordinarily adverse weather conditions or when essential	539
equipment, fuel, or labor is unavailable to the owner or the	540
owner's agent.	541

If the chief refuses to approve a request for waiver or	542
extension, the chief shall do so by order.	543

Sec. 1509.23.  (A) Rules of the chief of the division of	544
mineral resources management may specify practices to be followed	545
in the drilling of wells and production of oil and gas for	546
protection of public health or safety or to prevent damage to	547
natural resources, including specification of the following:	548

(1) Appropriate devices;

549

(2) Minimum distances that wells and other excavations,	550
structures, and equipment shall be located from water wells,	551
streets, roads, highways, rivers, lakes, streams, ponds, other	552
bodies of water, railroad tracks, public or private recreational	553
areas, zoning districts, and buildings or other structures;	554

(3) Other methods of operation;

555

(4) Procedures, methods, and equipment and other requirements	556
for equipment to prevent and contain discharges of oil from oil	557
production facilities and oil drilling and workover facilities	558
consistent with and equivalent in scope, content, and coverage to	559
section 311(j)(1)(c) of the "Federal Water Pollution Control Act	560
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended,	561
and regulations adopted under it.	562

(B) The chief, in consultation with the emergency response	563
commission created in section 3750.02 of the Revised Code, shall	564
adopt rules in accordance with Chapter 119. of the Revised Code	565
that specify the information that shall be included in an	566
electronic database that the chief shall create and host. The	567
information shall be that which the chief considers to be	568
appropriate for the purpose of responding to emergency situations	569
that pose a threat to public health or safety or the environment.	570
At the minimum, the information shall include that which a person	571
who is regulated under this chapter is required to submit under	572
the "Emergency Planning and Community Right-To-Know Act of 1986,"	573
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	574
it.	575

In addition, the rules shall specify whether and to what	576
extent the database and the information that it contains will be	577
made accessible to the public. The rules shall ensure that the	578
database will be made available via the internet or a system of	579
computer disks to the emergency response commission and to every	580
local emergency planning committee and fire department in this	581
state.	582

Sec. 1509.31.  Whenever the entire interest of an oil and gas	583
lease is assigned or otherwise transferred, the assignor or	584
transferor shall notify the holders of the royalty interests, and,	585
if a well or wells exist on the lease, the division of mineral	586
resources management, of the name and address of the assignee or	587
transferee by certified mail, return receipt requested, not later	588
than thirty days after the date of the assignment or transfer.	589
When notice of any such assignment or transfer is required to be	590
provided to the division, it shall be provided on a form	591
prescribed and provided by the division and verified by both the	592
assignor or transferor and by the assignee or transferee. The	593
notice form applicable to assignments or transfers of a well to	594
the owner of the surface estate of the tract on which the well is	595
located shall contain a statement informing the landowner that the	596
well may require periodic servicing to maintain its productivity;	597
that, upon assignment or transfer of the well to the landowner,	598
the landowner becomes responsible for compliance with the	599
requirements of this chapter and rules adopted under it,	600
including, without limitation, the proper disposal of brine	601
obtained from the well, the plugging of the well when it becomes	602
incapable of producing oil or gas, and the restoration of the well	603
site; and that, upon assignment or transfer of the well to the	604
landowner, the landowner becomes responsible for the costs of	605
compliance with the requirements of this chapter and rules adopted	606
under it and the costs for operating and servicing the well.	607

The owner holding a permit under section 1509.05 of the	608
Revised Code is responsible for all obligations and liabilities	609
imposed by this chapter and any rules, orders, and terms and	610
conditions of a permit adopted or issued under it, and no	611
assignment or transfer by the owner relieves the owner of the	612
obligations and liabilities until and unless the assignee or	613
transferee files with the division the information described in	614
divisions (A), (B), (C), (D), (E), (I), (J), and (K), and (L) of	615
section 1509.06 of the Revised Code; obtains liability insurance	616
coverage required by section 1509.07 of the Revised Code, except	617
when none is required by that section; and executes and files a	618
surety bond, negotiable certificates of deposit or irrevocable	619
letters of credit, or cash, as described in that section. Instead	620
of a bond, but only upon acceptance by the chief of the division	621
of mineral resources management, the assignee or transferee may	622
file proof of financial responsibility, described in section	623
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	624
applies to the surety bond, cash, and negotiable certificates of	625
deposit and irrevocable letters of credit described in this	626
section. Unless the chief approves a modification, each assignee	627
or transferee shall operate in accordance with the plans and	628
information filed by the permit holder pursuant to section 1509.06	629
of the Revised Code.	630

Section 2. That existing sections 303.211, 519.211, 1509.02,	631
1509.06, 1509.072, 1509.23, and 1509.31 and section        Sec. 1509.39.  of the	632
Revised Code are hereby repealed.	633