Sec. 303.211. (A) Except as otherwise provided
in division | 14 |
(B) or (C) of this section, sections 303.01 to
303.25 of the | 15 |
Revised
Code do not confer any power on any board of county | 16 |
commissioners
or board of zoning appeals in respect to the | 17 |
location, erection,
construction, reconstruction, change, | 18 |
alteration, maintenance,
removal, use, or enlargement of any | 19 |
buildings or structures of
any public utility or railroad, whether | 20 |
publicly or privately
owned, or the use of land by any public | 21 |
utility or railroad for
the operation of its business. | 22 |
(d)(i) The free-standing structure is proposed to top at
a | 35 |
height that is greater than either the maximum allowable height of | 36 |
residential
structures within the zoned area as set forth in the | 37 |
applicable zoning
regulations, or the maximum allowable height of | 38 |
such a free-standing structure
as set forth in any applicable | 39 |
zoning regulations in effect immediately prior
to October 31, | 40 |
1996, or as those regulations subsequently are
amended. | 41 |
(2) Sections 303.01 to 303.25 of the Revised Code confer | 52 |
power on a board of
county commissioners or board of zoning | 53 |
appeals with respect to the location,
erection, construction, | 54 |
reconstruction, change, alteration, removal, or
enlargement of a | 55 |
telecommunications
tower, but not with respect to the maintenance | 56 |
or use of such a tower or any
change or alteration that would not | 57 |
substantially increase the tower's
height. However, the power so | 58 |
conferred shall apply to a particular
telecommunications tower | 59 |
only upon the provision of a notice, in accordance
with division | 60 |
(B)(4)(a) of this
section, to the person proposing to construct | 61 |
the tower. | 62 |
(4)(a) If the board of county commissioners receives notice | 91 |
from
the board of township trustees or a property owner under | 92 |
division
(B)(3)(a)(iii) of this section within the time
specified | 93 |
in that division or if a member of the board of county | 94 |
commissioners
makes an objection to the proposed location of the | 95 |
telecommunications tower
within fifteen days after the date of | 96 |
mailing of the notice sent under
division (B)(3)(b) of this | 97 |
section, the board of
county commissioners shall send the person | 98 |
proposing to construct the tower
written notice that the tower is | 99 |
subject to the power conferred by and in
accordance with division | 100 |
(B)(2) of this section. The notice shall be
sent no later than | 101 |
five
days after the earlier of the date the board first receives | 102 |
such a notice from
the board of township trustees or a property | 103 |
owner or the date upon which a
member of the board of county | 104 |
commissioners makes an objection. Upon the date
of mailing of the | 105 |
notice to the person, sections 303.01 to 303.25 of the Revised | 106 |
Code shall
apply to the tower. | 107 |
(C) Sections 303.01 to 303.25 of the
Revised Code confer | 114 |
power on a board of
county commissioners or board of zoning | 115 |
appeals with respect to
the location, erection, construction, | 116 |
reconstruction, change,
alteration, maintenance, removal, use, or | 117 |
enlargement of any
buildings or structures of a public utility | 118 |
engaged in the
business of transporting persons or property, or | 119 |
both, or
providing or furnishing such transportation service, over | 120 |
any
public street, road, or highway in this state, and with | 121 |
respect
to the use of land by any such public utility for the | 122 |
operation
of its business, to the extent that any exercise of such | 123 |
power
is reasonable and not inconsistent with Chapters 4901., | 124 |
4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. | 125 |
However, this division
confers no power on a board of county | 126 |
commissioners or board of
zoning appeals with respect to a | 127 |
building or structure of, or
the use of land by, a person engaged | 128 |
in the transportation of
farm supplies to the farm or farm | 129 |
products from farm to market
or to food fabricating plants. | 130 |
(E) Sections 303.01 to 303.25 of the Revised Code do
not | 137 |
confer any power on any county rural
zoning commission, board of | 138 |
county commissioners, or board of
zoning appeals to prohibit the | 139 |
use of any land owned or leased by
an industrial firm for the | 140 |
conduct of oil or natural gas well
drilling or production | 141 |
activities or the location of associated
facilities or equipment | 142 |
when such oil or natural gas obtained by
the industrial firm is | 143 |
used for the operation of its own plants. | 144 |
(F)(1) Any person who plans to construct a
telecommunications | 145 |
tower within one hundred feet of a residential dwelling
shall | 146 |
provide a written notice to the owner of the residential dwelling | 147 |
and to
the person occupying the residence, if that person is not | 148 |
the owner of the
residence, stating in clear and concise language | 149 |
the person's intent to
construct the tower and a description of | 150 |
the property sufficient to identify
the proposed location. The | 151 |
notice shall be sent by certified mail. If the
notice is returned | 152 |
unclaimed or refused, the person shall mail the notice by
regular | 153 |
mail. The failure of delivery does not invalidate the notice. | 154 |
Sec. 519.211. (A) Except as otherwise provided in
division | 165 |
(B) or (C) of this section, sections 519.02 to 519.25
of the | 166 |
Revised Code confer no power on any board of township trustees or | 167 |
board of zoning appeals in respect to the location, erection, | 168 |
construction, reconstruction, change, alteration, maintenance, | 169 |
removal, use, or enlargement of any buildings or structures of
any | 170 |
public utility or railroad, whether publicly or privately
owned, | 171 |
or the use of land by any public utility or railroad, for
the | 172 |
operation of its business. | 173 |
(d)(i) The free-standing structure is proposed to top at
a | 186 |
height that is greater than either the maximum allowable height of | 187 |
residential
structures within the zoned area as
set forth in the | 188 |
applicable zoning regulations, or the maximum allowable
height of | 189 |
such a free-standing structure as set
forth in any applicable | 190 |
zoning regulations in effect immediately prior to
October 31, | 191 |
1996, or as those regulations subsequently are amended. | 192 |
(2) Sections 519.02 to 519.25 of the Revised Code confer | 203 |
power on a board of
township
trustees
or board of zoning appeals | 204 |
with respect to the location, erection,
construction, | 205 |
reconstruction, change, alteration, removal, or enlargement of a | 206 |
telecommunications tower, but not with respect to the maintenance | 207 |
or use of
such a tower or any change or alteration that would not | 208 |
substantially increase
the tower's height. However, the power so | 209 |
conferred shall apply to a
particular telecommunications tower | 210 |
only upon the provision of a notice, in
accordance with division | 211 |
(B)(4)(a) of this section,
to the person proposing to construct | 212 |
the tower. | 213 |
(4)(a) If the board of township trustees receives notice from | 239 |
a
property owner under division (B)(3)(a)(iii)
of this section | 240 |
within the time specified in that division or if a board
member | 241 |
makes an objection to the proposed location of the | 242 |
telecommunications
tower within fifteen days after the date of | 243 |
mailing of the notice sent under
division (B)(3)(b) of this | 244 |
section, the board shall
request that the clerk of the township | 245 |
send the person proposing to construct
the tower written notice | 246 |
that the tower is subject to the power conferred by
and in | 247 |
accordance with division (B)(2) of this section. The notice
shall | 248 |
be sent no later
than five days after the earlier of the date the | 249 |
board first receives such a
notice from a property owner or the | 250 |
date upon which a board member makes an
objection. Upon the date | 251 |
of mailing of the notice to the person, sections
519.02 to 519.25 | 252 |
of the Revised Code shall apply to the tower. | 253 |
(C) Sections 519.02 to 519.25 of the
Revised Code confer | 260 |
power on a board of
township trustees or board of zoning appeals | 261 |
with respect to the
location, erection, construction, | 262 |
reconstruction, change,
alteration, maintenance, removal, use, or | 263 |
enlargement of any
buildings or structures of a public utility | 264 |
engaged in the
business of transporting persons or property, or | 265 |
both, or
providing or furnishing such transportation service, over | 266 |
any
public street, road, or highway in this state, and with | 267 |
respect
to the use of land by any such public utility for the | 268 |
operation
of its business, to the extent that any exercise of such | 269 |
power
is reasonable and not inconsistent with Chapters 4901., | 270 |
4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. | 271 |
However, this division
confers no power on a board of township | 272 |
trustees or board of
zoning appeals with respect to a building or | 273 |
structure of, or
the use of land by, a person engaged in the | 274 |
transportation of
farm supplies to the farm or farm products from | 275 |
farm to market
or to food fabricating plants. | 276 |
(E) Sections 519.02 to 519.25 of the Revised Code do not | 283 |
confer
any power on any township
zoning commission, board of | 284 |
township trustees, or board of zoning
appeals to prohibit the use | 285 |
of any land owned or leased by an
industrial firm for the conduct | 286 |
of oil or natural gas well
drilling or production activities or | 287 |
the location of associated
facilities or equipment when such oil | 288 |
or natural gas obtained by
the industrial firm is used for the | 289 |
operation of its own plants. | 290 |
(F)(1) Any person who plans to construct a
telecommunications | 291 |
tower within one hundred feet of a residential dwelling
shall | 292 |
provide a written notice to the owner of the residential dwelling | 293 |
and to
the person occupying the residence, if that person is not | 294 |
the owner of the
residence stating in clear and concise language | 295 |
the person's intent to
construct the tower and a description of | 296 |
the property sufficient to identify
the proposed location. The | 297 |
notice shall be sent by certified mail. If the
notice is returned | 298 |
unclaimed or refused, the person shall mail the notice by
regular | 299 |
mail. The failure of delivery does not invalidate the notice. | 300 |
Sec. 1509.02. There is hereby created in the department of | 311 |
natural resources the division of mineral resources
management, | 312 |
which shall be
administered by the chief of the division of | 313 |
mineral
resources management. The division has sole and exclusive | 314 |
authority to regulate the permitting, location, and spacing of oil | 315 |
and gas wells within the state. The regulation of oil and gas | 316 |
activities is a matter of general statewide interest that requires | 317 |
uniform statewide regulation, and this chapter and rules adopted | 318 |
under it constitute a comprehensive plan with respect to all | 319 |
aspects of the locating, drilling, and operating of oil and gas | 320 |
wells within this state, including site restoration and disposal | 321 |
of wastes from those wells. Nothing in this section affects the | 322 |
authority granted to the director of transportation and local | 323 |
authorities in section 4513.34 of the Revised Code. | 324 |
All moneys collected by the chief pursuant to sections | 328 |
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, | 329 |
ninety per cent of moneys received by the treasurer of state from | 330 |
the tax
levied in divisions (A)(5) and (6) of section 5749.02,
all | 331 |
civil penalties paid
under section 1509.33, and, notwithstanding | 332 |
any section of the
Revised Code relating to the distribution or | 333 |
crediting of fines for
violations of the Revised Code, all fines | 334 |
imposed under divisions
(A) and (B) of section 1509.99 of the | 335 |
Revised Code and fines
imposed under divisions (C) and (D) of | 336 |
section 1509.99 of the
Revised Code for all violations prosecuted | 337 |
by the attorney
general and for violations prosecuted by | 338 |
prosecuting attorneys
that do not involve the transportation of | 339 |
brine by vehicle shall
be deposited into the state treasury to the | 340 |
credit of the oil and
gas well fund, which is hereby created. | 341 |
Fines imposed
under divisions (C) and (D) of section 1509.99 of | 342 |
the Revised Code for
violations prosecuted by prosecuting | 343 |
attorneys that involve the
transportation of brine by vehicle | 344 |
shall be paid to the county
treasury of the county where the | 345 |
violation occurred. | 346 |
The fund shall be used for the purposes enumerated in | 347 |
division
(B) of section 1509.071 of the Revised Code, for the | 348 |
expenses of the
division associated with the administration of the | 349 |
"Natural Gas
Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 3301, | 350 |
and for the
division's other functions. The expenses of the | 351 |
division in
excess of the moneys available in the fund shall be | 352 |
paid from
general revenue fund appropriations to the department. | 353 |
Sec. 1509.03. The chief of the division of mineral
resources | 354 |
management
shall adopt, rescind, and amend, in accordance
with | 355 |
Chapter 119. of the
Revised Code, rules for the
administration, | 356 |
implementation, and enforcement of this chapter. NoThe rules | 357 |
shall include an identification of the subjects that the chief | 358 |
shall address when attaching terms and conditions to a permit with | 359 |
respect to a well and production facilities of a well that are | 360 |
located within a municipal corporation or within a township that | 361 |
has a population of more than fifteen thousand in the most recent | 362 |
federal decennial census prior to the issuance of the permit. The | 363 |
subjects shall include all of the following: | 364 |
Any order issuing, denying, or modifying a permit or
notices | 375 |
required to be made by the chief pursuant to this chapter shall
be | 376 |
made in compliance
with Chapter
119. of the Revised Code,
except | 377 |
that personal service may be used in lieu of service by
mail. | 378 |
Every order issuing, denying, or modifying a permit under
this | 379 |
chapter and described as
such shall be
considered an adjudication | 380 |
order for purposes of Chapter
119. of the Revised Code. | 381 |
The chief or the chief's authorized representative may at
any | 387 |
time enter upon lands, public or private, for the purpose of | 388 |
administration or enforcement of this chapter, the rules adopted | 389 |
or orders made
thereunder, or terms or conditions
of permits or | 390 |
registration certificates issued thereunder and may
examine and | 391 |
copy records pertaining to the drilling, conversion,
or operation | 392 |
of a well for injection of fluids and logs required
by division | 393 |
(C) of section 1509.223 of the Revised Code. No
person shall | 394 |
prevent or hinder the chief or the chief's
authorized | 395 |
representative in the performance of official
duties. If entry is | 396 |
prevented or hindered, the chief or
the
chief's authorized | 397 |
representative
may apply for, and the court of common pleas may | 398 |
issue, an
appropriate inspection warrant necessary to achieve the | 399 |
purposes
of this chapter within the court's territorial | 400 |
jurisdiction. | 401 |
The chief may issue orders to enforce this chapter, rules | 402 |
adopted thereunder, and terms or conditions of permits issued | 403 |
thereunder. Any such order shall be considered an adjudication | 404 |
order for the purposes of Chapter 119. of the Revised Code. No | 405 |
person shall violate any order of the chief issued under this | 406 |
chapter. No person shall violate a term or condition of a permit | 407 |
or registration certificate issued under this chapter. | 408 |
Orders of the chief denying, suspending, or revoking a | 409 |
registration certificate; approving or denying approval of an | 410 |
application for revision of a registered transporter's plan for | 411 |
disposal; or to implement, administer, or enforce division (A) of | 412 |
section 1509.224 and sections 1509.22, 1509.222, 1509.223, | 413 |
1509.225, and 1509.226 of the Revised Code pertaining to the | 414 |
transportation of brine by vehicle and the disposal of brine so | 415 |
transported are not adjudication orders for purposes of Chapter | 416 |
119. of the Revised Code. The chief shall issue such orders
under | 417 |
division (A) or (B) of section 1509.224 of the Revised
Code, as | 418 |
appropriate. | 419 |
(I) A sworn statement that all requirements of any
municipal | 445 |
corporation, county, or township having jurisdiction
over any | 446 |
activity related to the drilling or operation of an oil
or gas | 447 |
well that have been filed with the division of
mineral resources | 448 |
management and are in effect at the time the
application is filed, | 449 |
including, but not limited to, zoning ordinances and resolutions | 450 |
and the requirements of section 4513.34 of the Revised Code, will | 451 |
be complied with until abandonment of the well;For an application | 452 |
for a permit to drill a new well, a sworn statement that the | 453 |
applicant has provided notice of the application to the owner of | 454 |
each occupied dwelling unit that is located within five hundred | 455 |
feet of the surface location of the well if the surface location | 456 |
will be less than five hundred feet from the boundary of the | 457 |
drilling unit and more than fifteen occupied dwelling units are | 458 |
located less than five hundred feet from the surface location of | 459 |
the well, excluding any dwelling that is located on real property | 460 |
all or any portion of which is included in the drilling unit. The | 461 |
notice shall contain a statement that an application has been | 462 |
filed with the division of mineral resources management, identify | 463 |
the name of the applicant and the proposed well location, include | 464 |
the name and address of the division, and contain a statement that | 465 |
comments regarding the application may be sent to the division. | 466 |
The notice may be provided by hand delivery or regular mail. The | 467 |
identity of the owners of occupied dwelling units shall be | 468 |
determined using the tax records of the municipal corporation or | 469 |
county in which the dwelling unit is located as of the date of the | 470 |
notice. | 471 |
Each application shall be accompanied by a map, on a scale | 483 |
not smaller than four hundred feet to the inch, prepared by an | 484 |
Ohio registered surveyor, showing the location of the well and | 485 |
containing such other data as may be prescribed by the chief. If | 486 |
the well is or is to be located within the excavations and | 487 |
workings of a mine, the map also shall include the location of
the | 488 |
mine, the name of the mine, and the name of the person
operating | 489 |
the mine. | 490 |
The chief shall cause a copy of the weekly circular
prepared | 491 |
by the division to be provided to the
county engineer of each | 492 |
county that contains active or proposed
drilling activity. The | 493 |
weekly circular shall contain, in the
manner prescribed by the | 494 |
chief, the names of all applicants for
permits, the location of | 495 |
each well or proposed well, the
information required by division | 496 |
(K) of this section, and
any
additional information the chief | 497 |
prescribes. In addition, the chief promptly shall transfer an | 498 |
electronic copy or facsimile, or if those methods are not | 499 |
available to a municipal corporation or township, a copy via | 500 |
regular mail, of a drilling permit application to the clerk of the | 501 |
legislative authority of the municipal corporation or to the clerk | 502 |
of the township in which the well or proposed well is or is to be | 503 |
located if the municipal corporation or township has a population | 504 |
of more than fifteen thousand in the most recent federal decennial | 505 |
census prior to the submission of the application, the legislative | 506 |
authority of the municipal corporation or the board of township | 507 |
trustees has asked to receive copies of such applications, and the | 508 |
appropriate clerk has provided the chief an accurate, current | 509 |
electronic mailing address or facsimile number, as applicable. | 510 |
An applicant may file a request with the chief for
expedited | 518 |
review of a permit application if the well is not
or
is not to be | 519 |
located in a gas storage reservoir or reservoir
protective area, | 520 |
as "reservoir protective area" is defined in
section 1571.01 of | 521 |
the Revised Code. If the well is or is to be
located in a coal | 522 |
bearing township, the application shall be
accompanied by the | 523 |
affidavit of the landowner prescribed in
section 1509.08 of the | 524 |
Revised Code. | 525 |
In addition to a complete application for a permit that meets | 526 |
the
requirements of this section and the permit fee prescribed by | 527 |
this section, a
request for expedited review shall be accompanied | 528 |
by a separate nonrefundable
filing
fee of five hundred dollars. | 529 |
Upon the filing of a request for
expedited review, the chief shall | 530 |
cause the county engineer of the county in
which the well
is or is | 531 |
to be located to be notified of the filing of the permit | 532 |
application and the request for expedited review by telephone or | 533 |
other means that in the judgment of the chief
will provide
timely | 534 |
notice of the application and request. The
chief shall issue a | 535 |
permit within seven days of the filing of the
request unless the | 536 |
chief denies the application by order.
Notwithstanding the | 537 |
provisions of this section governing
expedited review of permit | 538 |
applications, the chief may refuse to
accept requests for | 539 |
expedited review if, in the chief's
judgment, the
acceptance of | 540 |
the requests would prevent the issuance, within
twenty-one days of | 541 |
their filing, of permits for which
applications are pending. | 542 |
The chief shall issue an order denying a permit if the
chief | 546 |
finds that there is a substantial risk that the operation
will | 547 |
result in violations of this chapter or rules adopted
under it | 548 |
that will present an imminent danger to
public health
or safety or | 549 |
damage to the environment, provided that where the
chief finds | 550 |
that terms or conditions to the permit can reasonably
be expected | 551 |
to prevent such violations, the chief shall issue the
permit | 552 |
subject to those terms or conditions, including, if applicable, | 553 |
terms and conditions regarding subjects identified in rules | 554 |
adopted under section 1509.03 of the Revised Code. | 555 |
The chief may order the immediate suspension of drilling, | 561 |
operating, or plugging activities after finding that
any person is | 562 |
causing, engaging in, or maintaining a condition or activity
that | 563 |
in the chief's judgment presents an
imminent danger to
public | 564 |
health or safety or results in or is likely to result in
immediate | 565 |
substantial damage to natural resources or for
nonpayment of the | 566 |
fee required by this section. The chief may
order the immediate | 567 |
suspension of the drilling or reopening of a
well in a coal | 568 |
bearing
township after determining that the drilling or reopening | 569 |
activities present
an imminent and substantial threat to public | 570 |
health or safety or to miners'
health or safety. Before issuing | 571 |
any
such order, the chief shall notify the owner in such manner as | 572 |
in
the chief's judgment would provide reasonable notification that | 573 |
the chief intends to issue a suspension order. The chief may
issue | 574 |
such
an order without prior notification if reasonable
attempts to | 575 |
notify the owner have failed, but in such an event
notification | 576 |
shall be given as soon thereafter as practical.
Within five | 577 |
calendar days after the issuance of the order, the
chief shall | 578 |
provide the owner an opportunity to be heard and to
present | 579 |
evidence that the condition or activity is not likely to
result
in | 580 |
immediate substantial damage to natural resources or
does not | 581 |
present an imminent danger to public health or safety or
to | 582 |
miners' health
or safety, if applicable.
In the case of
activities | 583 |
in a coal bearing township, if the chief, after
considering | 584 |
evidence presented by the owner, determines that the
activities do | 585 |
not present such a threat, the chief shall revoke
the suspension | 586 |
order. Notwithstanding any provision of this
chapter, the owner | 587 |
may
appeal a suspension order directly to the
court of common | 588 |
pleas of the
county in which the activity is
located or, if in a | 589 |
coal bearing township,
to the
reclamation
commission under section | 590 |
1513.13 of the Revised
Code. | 591 |
(2) Minimum
distances that wells
and other excavations, | 598 |
structures, and
equipment shall be located from water
wells, | 599 |
streets, roads,
highways,
rivers, lakes, streams, ponds, other | 600 |
bodies of water, railroad tracks, public or private recreational | 601 |
areas, zoning districts, and buildings or other structures; | 602 |
(4) Procedures, methods, and equipment and other
requirements | 604 |
for equipment to prevent and contain discharges of
oil from oil | 605 |
production facilities and oil drilling and workover
facilities | 606 |
consistent with
and equivalent in scope, content, and
coverage to | 607 |
section 311(j)(1)(c) of the
"Federal Water Pollution
Control Act | 608 |
Amendments of 1972," 86 Stat. 886, 33
U.S.C.A. 1251,
as amended, | 609 |
and regulations adopted under it. | 610 |
(B) The chief, in consultation with the emergency response | 611 |
commission created in section 3750.02 of the Revised Code, shall | 612 |
adopt rules in accordance with Chapter 119. of the Revised Code | 613 |
that specify the information that shall be included in an | 614 |
electronic database that the chief shall create and host. The | 615 |
information shall be that which the chief considers to be | 616 |
appropriate for the purpose of responding to emergency situations | 617 |
that pose a threat to public health or safety or the environment. | 618 |
At the minimum, the information shall include that which a person | 619 |
who is regulated under this chapter is required to submit under | 620 |
the "Emergency Planning and Community Right-To-Know Act of 1986," | 621 |
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under | 622 |
it. | 623 |
Sec. 1509.31. Whenever the entire interest of an oil and
gas | 631 |
lease is assigned or otherwise transferred, the assignor or | 632 |
transferor shall notify the holders of the royalty interests,
and, | 633 |
if a well or wells exist on the lease, the division of mineral | 634 |
resources
management, of the name and address of
the assignee or | 635 |
transferee by
certified mail, return receipt requested, not later | 636 |
than thirty
days after the date of the assignment or transfer. | 637 |
When notice
of any such assignment or transfer is required to be | 638 |
provided to
the division, it shall be provided on a form | 639 |
prescribed and
provided by the division and verified by both the | 640 |
assignor or
transferor and by the assignee or transferee. The | 641 |
notice form
applicable to assignments or transfers of a well to | 642 |
the owner of
the surface estate of the tract on which the well is | 643 |
located
shall contain a statement informing the landowner that the | 644 |
well
may require periodic servicing to maintain its productivity; | 645 |
that, upon assignment or transfer of the well to the
landowner, | 646 |
the landowner becomes responsible for compliance with the | 647 |
requirements of this chapter and rules adopted under it, | 648 |
including, without limitation, the proper disposal of brine | 649 |
obtained from the well, the plugging of the well when it becomes | 650 |
incapable of producing oil or gas, and the restoration of the
well | 651 |
site; and that, upon assignment or transfer of the well to
the | 652 |
landowner, the landowner becomes responsible for the
costs of | 653 |
compliance with the requirements of this chapter and rules
adopted | 654 |
under it and the costs for operating and servicing the
well. | 655 |
The owner holding a permit under section 1509.05 of the | 656 |
Revised Code is responsible for all obligations and liabilities | 657 |
imposed by this chapter and any rules, orders, and terms and | 658 |
conditions of a permit adopted or issued under
it, and no | 659 |
assignment or
transfer by the owner relieves the owner of the | 660 |
obligations and
liabilities until and unless the assignee or | 661 |
transferee files
with the division the information described in | 662 |
divisions (A), (B), (C), (D), (E), (I), (J), (K),
and (L) of | 663 |
section 1509.06 of the Revised Code;
obtains liability insurance | 664 |
coverage required
by section 1509.07 of the
Revised Code, except | 665 |
when none is required by that section; and
executes and files a | 666 |
surety bond, negotiable certificates of
deposit or irrevocable | 667 |
letters of credit, or cash, as described in
that section. Instead | 668 |
of a bond,
but only upon acceptance by the chief of the division | 669 |
of mineral resources
management,
the assignee or transferee may | 670 |
file proof of financial
responsibility, described in section | 671 |
1509.07 of the Revised Code.
Section 1509.071 of the Revised Code | 672 |
applies to the surety bond,
cash, and negotiable certificates of | 673 |
deposit and irrevocable letters of
credit described in this | 674 |
section. Unless the chief approves a modification, each assignee | 675 |
or transferee shall operate in accordance with the plans and | 676 |
information filed by the permit holder pursuant to section
1509.06 | 677 |
of the Revised Code. | 678 |
(2) If a program is operated by a nonprofit corporation that | 689 |
is organized under Chapter 1702. of the Revised Code for the | 690 |
purpose of carrying out the purposes identified in division (A) of | 691 |
section 1510.02 of the Revised Code, and if the nonprofit | 692 |
corporation is exempt from federal income taxation pursuant to | 693 |
section 501(a) of the Internal Revenue Code and is described in | 694 |
section 501(c)(3) of the Internal Revenue Code, upon termination | 695 |
of the program, the nonprofit corporation shall distribute any | 696 |
remaining unobligated money to be used for one or more exempt | 697 |
purposes within the meaning of section 501(c)(3) of the Internal | 698 |
Revenue Code or to the federal, a state, or a local government to | 699 |
be used for a public purpose. If there remains any unobligated | 700 |
money after the distribution by the nonprofit corporation, the | 701 |
court of common pleas of the county in which the principal office | 702 |
of the nonprofit corporation is located shall distribute the | 703 |
remaining unobligated money to be used for one or more exempt | 704 |
purposes within the meaning of section 501(c)(3) of the Internal | 705 |
Revenue Code, to the federal, a state, or a local government to be | 706 |
used for a public purpose, or to one or more organizations that | 707 |
are organized and operated exclusively for one or more of the | 708 |
purposes that are within the meaning of section 501(c)(3) of the | 709 |
Internal Revenue Code, as the court determines is best to | 710 |
accomplish the exempt purposes of the nonprofit corporation. | 711 |