(A) "Consumer transaction" means a sale, lease, assignment, | 25 |
award by chance, or other transfer of an item of goods, a service, | 26 |
a franchise, or an intangible, to an individual for purposes that | 27 |
are primarily personal, family, or household, or solicitation to | 28 |
supply any of these things. "Consumer transaction" includes a | 29 |
lease agreement for the exploration for or development of oil or | 30 |
gas on residential property. "Consumer transaction" does not | 31 |
include transactions between persons, defined in sections 4905.03 | 32 |
and 5725.01 of the Revised Code, and their customers, except for | 33 |
transactions involving a loan made pursuant to sections 1321.35 to | 34 |
1321.48 of the Revised Code and transactions in connection with | 35 |
residential mortgages between loan officers, mortgage brokers, or | 36 |
nonbank mortgage lenders and their customers; transactions between | 37 |
certified public accountants or public accountants and their | 38 |
clients; transactions between attorneys, physicians, or dentists | 39 |
and their clients or patients; and transactions between | 40 |
veterinarians and their patients that pertain to medical treatment | 41 |
but not ancillary services. | 42 |
(C) "Supplier" means a seller, lessor, assignor, franchisor, | 46 |
or other person engaged in the business of effecting or soliciting | 47 |
consumer transactions, whether or not the person deals directly | 48 |
with the consumer. "Supplier" includes any person who negotiates | 49 |
and enters into a lease agreement as a lessee with an individual | 50 |
for the exploration for or development of oil or gas on | 51 |
residential property owned by the individual. If the consumer | 52 |
transaction is in connection with a residential mortgage, | 53 |
"supplier" does not include an assignee or purchaser of the loan | 54 |
for value, except as otherwise provided in section 1345.091 of the | 55 |
Revised Code. For purposes of this division, in a consumer | 56 |
transaction in connection with a residential mortgage, "seller" | 57 |
means a loan officer, mortgage broker, or nonbank mortgage lender. | 58 |
(G) "Public telecommunications service" means the | 69 |
transmission by electromagnetic or other means, other than by a | 70 |
telephone company as defined in section 4927.01 of the Revised | 71 |
Code, of signs, signals, writings, images, sounds, messages, or | 72 |
data originating in this state regardless of actual call routing. | 73 |
"Public telecommunications service" excludes a system, including | 74 |
its construction, maintenance, or operation, for the provision of | 75 |
telecommunications service, or any portion of such service, by any | 76 |
entity for the sole and exclusive use of that entity, its parent, | 77 |
a subsidiary, or an affiliated entity, and not for resale, | 78 |
directly or indirectly; the provision of terminal equipment used | 79 |
to originate telecommunications service; broadcast transmission by | 80 |
radio, television, or satellite broadcast stations regulated by | 81 |
the federal government; or cable television service. | 82 |
(H)(1) "Loan officer" means an individual who for | 83 |
compensation or gain, or in anticipation of compensation or gain, | 84 |
takes or offers to take a residential mortgage loan application; | 85 |
assists or offers to assist a buyer in obtaining or applying to | 86 |
obtain a residential mortgage loan by, among other things, | 87 |
advising on loan terms, including rates, fees, and other costs; | 88 |
offers or negotiates terms of a residential mortgage loan; or | 89 |
issues or offers to issue a commitment for a residential mortgage | 90 |
loan. "Loan officer" also includes a loan originator as defined in | 91 |
division (E)(1) of section 1322.01 of the Revised Code. | 92 |
(2) "Loan officer" does not include an employee of a bank, | 93 |
savings bank, savings and loan association, credit union, or | 94 |
credit union service organization organized under the laws of this | 95 |
state, another state, or the United States; an employee of a | 96 |
subsidiary of such a bank, savings bank, savings and loan | 97 |
association, or credit union; or an employee of an affiliate that | 98 |
(a) controls, is controlled by, or is under common control with, | 99 |
such a bank, savings bank, savings and loan association, or credit | 100 |
union and (b) is subject to examination, supervision, and | 101 |
regulation, including with respect to the affiliate's compliance | 102 |
with applicable consumer protection requirements, by the board of | 103 |
governors of the federal reserve system, the comptroller of the | 104 |
currency, the office of thrift supervision, the federal deposit | 105 |
insurance corporation, or the national credit union | 106 |
administration. | 107 |
(2) "Mortgage broker" does not include a bank, savings bank, | 127 |
savings and loan association, credit union, or credit union | 128 |
service organization organized under the laws of this state, | 129 |
another state, or the United States; a subsidiary of such a bank, | 130 |
savings bank, savings and loan association, or credit union; an | 131 |
affiliate that (a) controls, is controlled by, or is under common | 132 |
control with, such a bank, savings bank, savings and loan | 133 |
association, or credit union and (b) is subject to examination, | 134 |
supervision, and regulation, including with respect to the | 135 |
affiliate's compliance with applicable consumer protection | 136 |
requirements, by the board of governors of the federal reserve | 137 |
system, the comptroller of the currency, the office of thrift | 138 |
supervision, the federal deposit insurance corporation, or the | 139 |
national credit union administration; or an employee of any such | 140 |
entity. | 141 |
(K) "Nonbank mortgage lender" means any person that engages | 142 |
in a consumer transaction in connection with a residential | 143 |
mortgage, except for a bank, savings bank, savings and loan | 144 |
association, credit union, or credit union service organization | 145 |
organized under the laws of this state, another state, or the | 146 |
United States; a subsidiary of such a bank, savings bank, savings | 147 |
and loan association, or credit union; or an affiliate that (1) | 148 |
controls, is controlled by, or is under common control with, such | 149 |
a bank, savings bank, savings and loan association, or credit | 150 |
union and (2) is subject to examination, supervision, and | 151 |
regulation, including with respect to the affiliate's compliance | 152 |
with applicable consumer protection requirements, by the board of | 153 |
governors of the federal reserve system, the comptroller of the | 154 |
currency, the office of thrift supervision, the federal deposit | 155 |
insurance corporation, or the national credit union | 156 |
administration. | 157 |
(E)(1) No supplier, in connection with a consumer transaction | 221 |
involving natural gas service or public telecommunications service | 222 |
to a consumer in this state, shall request or submit, or cause to | 223 |
be requested or submitted, a change in the consumer's provider of | 224 |
natural gas service or public telecommunications service, without | 225 |
first obtaining, or causing to be obtained, the verified consent | 226 |
of the consumer. For the purpose of this division and with respect | 227 |
to public telecommunications service only, the procedures | 228 |
necessary for verifying the consent of a consumer shall be those | 229 |
prescribed by rule by the public utilities commission for public | 230 |
telecommunications service under division (D) of section 4905.72 | 231 |
of the Revised Code. Also, for the purpose of this division, the | 232 |
act, omission, or failure of any officer, agent, or other | 233 |
individual, acting for or employed by another person, while acting | 234 |
within the scope of that authority or employment, is the act or | 235 |
failure of that other person. | 236 |
(2) Consistent with the exclusion, under 47 C.F.R. | 237 |
64.1100(a)(3), of commercial mobile radio service providers from | 238 |
the verification requirements adopted in 47 C.F.R. 64.1100, | 239 |
64.1150, 64.1160, 64.1170, 64.1180, and 64.1190 by the federal | 240 |
communications commission, division (E)(1) of this section does | 241 |
not apply to a provider of commercial mobile radio service insofar | 242 |
as such provider is engaged in the provision of commercial mobile | 243 |
radio service. However, when that exclusion no longer is in | 244 |
effect, division (E)(1) of this section shall apply to such a | 245 |
provider. | 246 |
(3) The attorney general may initiate criminal proceedings | 247 |
for a prosecution under division (C) of section 1345.99 of the | 248 |
Revised Code by presenting evidence of criminal violations to the | 249 |
prosecuting attorney of any county in which the offense may be | 250 |
prosecuted. If the prosecuting attorney does not prosecute the | 251 |
violations, or at the request of the prosecuting attorney, the | 252 |
attorney general may proceed in the prosecution with all the | 253 |
rights, privileges, and powers conferred by law on prosecuting | 254 |
attorneys, including the power to appear before grand juries and | 255 |
to interrogate witnesses before grand juries. | 256 |
(2)(a) An action, with notice as required by Civil Rule 65, | 282 |
to obtain a temporary restraining order, preliminary injunction, | 283 |
or permanent injunction to restrain the act or practice. If the | 284 |
attorney general shows by a preponderance of the evidence that the | 285 |
supplier has violated or is violating section 1345.02, 1345.03, or | 286 |
1345.031 of the Revised Code, the court may issue a temporary | 287 |
restraining order, preliminary injunction, or permanent injunction | 288 |
to restrain and prevent the act or practice. | 289 |
(ii) If the court issues under this section a temporary | 298 |
restraining order, preliminary injunction, or permanent injunction | 299 |
to restrain and prevent an act or practice that is a violation of | 300 |
section 1345.02 and division (A) of section 1349.81 of the Revised | 301 |
Code, on motion of the attorney general, or on its own motion, the | 302 |
court may impose a civil penalty of not less than five thousand | 303 |
dollars and not more than fifteen thousand dollars for each day of | 304 |
violation of the temporary restraining order, preliminary | 305 |
injunction, or permanent injunction, if the supplier received | 306 |
notice of the action. The civil penalties shall be paid as | 307 |
provided in division (G) of this section. | 308 |
(c) Upon the commencement of an action under division (A)(2) | 309 |
of this section against a supplier who operates under a license, | 310 |
permit, certificate, commission, or other authorization issued by | 311 |
the supreme court or by a board, commission, department, division, | 312 |
or other agency of this state, the attorney general shall | 313 |
immediately notify the supreme court or agency that such an action | 314 |
has been commenced against the supplier. | 315 |
(B) On motion of the attorney general and without bond, in | 329 |
the attorney general's action under this section, the court may | 330 |
make appropriate orders, including appointment of a referee or a | 331 |
receiver, for sequestration of assets, to reimburse consumers | 332 |
found to have been damaged, to carry out a transaction in | 333 |
accordance with a consumer's reasonable expectations, to strike or | 334 |
limit the application of unconscionable clauses of contracts so as | 335 |
to avoid an unconscionable result, or to grant other appropriate | 336 |
relief. The court may assess the expenses of a referee or receiver | 337 |
against the supplier. | 338 |
(D) In addition to the other remedies provided in this | 343 |
section, if the violation is an act or practice that was declared | 344 |
to be unfair, deceptive, or unconscionable by rule adopted | 345 |
pursuant to division (B)(2) of section 1345.05 of the Revised Code | 346 |
before the consumer transaction on which the action is based | 347 |
occurred or an act or practice that was determined by a court of | 348 |
this state to violate section 1345.02, 1345.03, or 1345.031 of the | 349 |
Revised Code and committed after the decision containing the | 350 |
court's determination was made available for public inspection | 351 |
pursuant to division (A)(3) of section 1345.05 of the Revised | 352 |
Code, the attorney general may request and the court may impose a | 353 |
civil penalty of not more than twenty-five thousand dollars | 354 |
against the supplier. The civil penalties shall be paid as | 355 |
provided in division (G) of this section. | 356 |
(F) If a court determines that provision has been made for | 360 |
reimbursement or other appropriate corrective action, insofar as | 361 |
practicable, with respect to all consumers damaged by a violation, | 362 |
or in any other appropriate case, the attorney general, with court | 363 |
approval, may terminate enforcement proceedings brought by the | 364 |
attorney general upon acceptance of an assurance from the supplier | 365 |
of voluntary compliance with Chapter 1345. of the Revised Code, | 366 |
with respect to the alleged violation. The assurance shall be | 367 |
filed with the court and entered as a consent judgment. Except as | 368 |
provided in division (A) of section 1345.10 of the Revised Code, a | 369 |
consent judgment is not evidence of prior violation of such | 370 |
chapter. Disregard of the terms of a consent judgment entered upon | 371 |
an assurance shall be treated as a violation of an injunction | 372 |
issued under this section. | 373 |
Sec. 1509.02. (A)(1) There is hereby created in the | 386 |
department of natural resources the division of oil and gas | 387 |
resources management, which shall be administered by the chief of | 388 |
the division of oil and gas resources management. TheExcept as | 389 |
provided in divisions (A)(2) and (3) of this section, the division | 390 |
has
sole and exclusive authority to regulate the permitting, | 391 |
location, and spacing of oil and gas wells and production | 392 |
operations within the state, excepting only those activities | 393 |
regulated under federal laws for which oversight has been | 394 |
delegated to the environmental protection agency and activities | 395 |
regulated under sections 6111.02 to 6111.029 of the Revised Code. | 396 |
The regulation of oil and gas activities is a matter of general | 397 |
statewide interest that requires uniform statewide regulation, and | 398 |
this chapter and rules adopted under it constitute a comprehensive | 399 |
plan with respect to all aspects of the locating, drilling, well | 400 |
stimulation, completing, and operating of oil and gas wells within | 401 |
this state, including site construction and restoration, | 402 |
permitting related to those activities, and the disposal of wastes | 403 |
from those wells. Nothing | 404 |
(C) All moneys collected by the chief pursuant to sections | 419 |
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221, | 420 |
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per | 421 |
cent of moneys received by the treasurer of state from the tax | 422 |
levied in divisions (A)(5) and (6) of section 5749.02 of the | 423 |
Revised Code, all civil penalties paid under section 1509.33 of | 424 |
the Revised Code, and, notwithstanding any section of the Revised | 425 |
Code relating to the distribution or crediting of fines for | 426 |
violations of the Revised Code, all fines imposed under divisions | 427 |
(A) and (B) of section 1509.99 of the Revised Code and fines | 428 |
imposed under divisions (C) and (D) of section 1509.99 of the | 429 |
Revised Code for all violations prosecuted by the attorney general | 430 |
and for violations prosecuted by prosecuting attorneys that do not | 431 |
involve the transportation of brine by vehicle shall be deposited | 432 |
into the state treasury to the credit of the oil and gas well | 433 |
fund, which is hereby created. Fines imposed under divisions (C) | 434 |
and (D) of section 1509.99 of the Revised Code for violations | 435 |
prosecuted by prosecuting attorneys that involve the | 436 |
transportation of brine by vehicle and penalties associated with a | 437 |
compliance agreement entered into pursuant to this chapter shall | 438 |
be paid to the county treasury of the county where the violation | 439 |
occurred. | 440 |
The fund shall be used solely and exclusively for the | 441 |
purposes enumerated in division (B) of section 1509.071 of the | 442 |
Revised Code, for the expenses of the division associated with the | 443 |
administration of this chapter and Chapter 1571. of the Revised | 444 |
Code and rules adopted under them, for providing financial | 445 |
assistance to boards of health for purposes of rules adopted under | 446 |
division (C)(2) of section 1509.23 and of section 1509.231 of the | 447 |
Revised Code, and for expenses that are critical and necessary for | 448 |
the protection of human health and safety and the environment | 449 |
related to oil and gas production in this state. The expenses of | 450 |
the division in excess of the moneys available in the fund shall | 451 |
be paid from general revenue fund appropriations to the | 452 |
department. | 453 |
(A) The surface location of a new well or a tank battery of a | 456 |
well shall not be within one hundred fifty feet of an occupied | 457 |
dwelling that is located in an urbanized area unless the owner of | 458 |
the land on which the occupied dwelling is located consents in | 459 |
writing to the surface location of the well or tank battery of a | 460 |
well less than one hundred fifty feet from the occupied dwelling | 461 |
and the chief of the division of oil and gas resources management | 462 |
approves the written consent of that owner. However, the chief | 463 |
shall not approve the written consent of such an owner when the | 464 |
surface location of a new well or a tank battery of a well will be | 465 |
within one hundred feet of an occupied dwelling that is located in | 466 |
an urbanized areaOn and after the effective date of this | 467 |
amendment, no well shall be drilled within one thousand feet of an | 468 |
occupied dwelling. However, a well may be drilled within three | 469 |
hundred feet of an occupied dwelling if the owner of the land on | 470 |
which the dwelling is located voluntarily has entered into an oil | 471 |
and gas lease agreement. | 472 |
(B) The surface location of a new well shall not be within | 473 |
one hundred fifty feet from the property line of a parcel of land | 474 |
that is not in the drilling unit of the well if the parcel of land | 475 |
is located in an urbanized area and directional drilling will be | 476 |
used to drill the new well unless the owner of the parcel of land | 477 |
consents in writing to the surface location of the well less than | 478 |
one hundred fifty feet from the property line of the parcel of | 479 |
land and the chief approves the written consent of that owner. | 480 |
However, the chief shall not approve the written consent of such | 481 |
an owner when the surface location of a new well will be less than | 482 |
one hundred feet from the property line of the owner's parcel of | 483 |
land that is not in the drilling unit of the well if the parcel of | 484 |
land is located in an urbanized area and directional drilling will | 485 |
be used. | 486 |
(C) The surface location of a new well shall not be within | 487 |
two hundred feet of an occupied dwelling that is located in an | 488 |
urbanized area and that is located on land that has become part of | 489 |
the drilling unit of the well pursuant to a mandatory pooling | 490 |
order issued under section 1509.27 of the Revised Code unless the | 491 |
owner of the land on which the occupied dwelling is located | 492 |
consents in writing to the surface location of the well at a | 493 |
distance that is less than two hundred feet from the occupied | 494 |
dwelling. However, if the owner of the land on which the occupied | 495 |
dwelling is located provides such written consent, the surface | 496 |
location of the well shall not be within one hundred feet of the | 497 |
occupied dwelling. | 498 |
If an applicant cannot identify an owner of land or if an | 499 |
owner of land is not responsive to attempts by the applicant to | 500 |
contact the owner, the applicant may submit an affidavit to the | 501 |
chief attesting to such an unidentifiable owner or to such | 502 |
unresponsiveness of an owner and attempts by the applicant to | 503 |
contact the owner and include a written request to reduce the | 504 |
distance of the location of the well from the occupied dwelling to | 505 |
less than two hundred feet. If the chief receives such an | 506 |
affidavit and written request, the chief shall reduce the distance | 507 |
of the location of the well from the occupied dwelling to a | 508 |
distance of not less than one hundred feet. | 509 |
(D) Except as otherwise provided in division (L)(K) of this | 510 |
section, the surface location of a new well shall not be within | 511 |
one hundred fifty feet of the property line of a parcel of land | 512 |
that is located in an urbanized area and that has become part of | 513 |
the drilling unit of the well pursuant to a mandatory pooling | 514 |
order issued under section 1509.27 of the Revised Code unless the | 515 |
owner of the land consents in writing to the surface location of | 516 |
the well at a distance that is less than one hundred fifty feet | 517 |
from the owner's property line. However, if the owner of the land | 518 |
provides such written consent, the surface location of the well | 519 |
shall not be within seventy-five feet of the property line of the | 520 |
owner's parcel of land. | 521 |
If an applicant cannot identify an owner of land or if an | 522 |
owner of land is not responsive to attempts by the applicant to | 523 |
contact the owner, the applicant may submit an affidavit to the | 524 |
chief attesting to such an unidentifiable owner or to such | 525 |
unresponsiveness of an owner and attempts by the applicant to | 526 |
contact the owner and include a written request to reduce the | 527 |
distance of the location of the well from the property line of the | 528 |
owner's parcel of land to less than one hundred fifty feet. If the | 529 |
chief receives such an affidavit and written request, the chief | 530 |
shall reduce the distance of the location of the well from the | 531 |
property line to a distance of not less than seventy-five feet. | 532 |
(E)(D) The surface location of a new tank battery of a well | 533 |
shall not be within one hundred fifty feet of an occupied dwelling | 534 |
that is located in an urbanized area and that is located on land | 535 |
that has become part of the drilling unit of the well pursuant to | 536 |
a mandatory pooling order issued under section 1509.27 of the | 537 |
Revised Code unless the owner of the land on which the occupied | 538 |
dwelling is located consents in writing to the location of the | 539 |
tank battery at a distance that is less than one hundred fifty | 540 |
feet from the occupied dwelling. However, if the owner of the land | 541 |
on which the occupied dwelling is located provides such written | 542 |
consent, the location of the tank battery shall not be within one | 543 |
hundred feet of the occupied dwelling. | 544 |
If an applicant cannot identify an owner of land or if an | 545 |
owner of land is not responsive to attempts by the applicant to | 546 |
contact the owner, the applicant may submit an affidavit to the | 547 |
chief attesting to such an unidentifiable owner or to such | 548 |
unresponsiveness of an owner and attempts by the applicant to | 549 |
contact the owner and include a written request to reduce the | 550 |
distance of the location of the tank battery from the occupied | 551 |
dwelling to less than one hundred fifty feet. If the chief | 552 |
receives such an affidavit and written request, the chief shall | 553 |
reduce the distance of the location of the tank battery from the | 554 |
occupied dwelling to a distance of not less than one hundred feet. | 555 |
(F)(E) Except as otherwise provided in division (L)(K) of | 556 |
this section, the location of a new tank battery of a well shall | 557 |
not be within seventy-five feet of the property line of a parcel | 558 |
of land that is located in an urbanized area and that has become | 559 |
part of the drilling unit of the well pursuant to a mandatory | 560 |
pooling order issued under section 1509.27 of the Revised Code | 561 |
unless the owner of the land consents in writing to the location | 562 |
of the tank battery at a distance that is less than seventy-five | 563 |
feet from the owner's property line. However, if the owner of the | 564 |
land provides such written consent, the location of the tank | 565 |
battery shall not be within the property line of the owner's | 566 |
parcel of land. | 567 |
If an applicant cannot identify an owner of land or if an | 568 |
owner of land is not responsive to attempts by the applicant to | 569 |
contact the owner, the applicant may submit an affidavit to the | 570 |
chief attesting to such an unidentifiable owner or to such | 571 |
unresponsiveness of an owner and attempts by the applicant to | 572 |
contact the owner and include a written request to reduce the | 573 |
distance of the location of the tank battery from the property | 574 |
line of the owner's parcel of land to less than seventy-five feet. | 575 |
If the chief receives such an affidavit and written request, the | 576 |
chief shall reduce the distance of the location of the tank | 577 |
battery from the property line, provided that the tank battery | 578 |
shall not be within the property line of the owner's parcel of | 579 |
land. | 580 |
(H)(G) For areas that are not urbanized areas, the surface | 601 |
location of a new well shall not be within one hundred feet of an | 602 |
occupied private dwelling or of a public building that may be used | 603 |
as a place of assembly, education, entertainment, lodging, trade, | 604 |
manufacture, repair, storage, or occupancy by the public. This | 605 |
division does not apply to a building or other structure that is | 606 |
incidental to agricultural use of the land on which the building | 607 |
or other structure is located unless the building or other | 608 |
structure is used as an occupied private dwelling or for retail | 609 |
trade. | 610 |
(I)(H) The surface location of a new well shall not be within | 611 |
one hundred feet of any other well. However, an applicant may | 612 |
submit a written statement to request the chief to authorize a new | 613 |
well to be located at a distance that is less than one hundred | 614 |
feet from another well. If the chief receives such a written | 615 |
statement, the chief may authorize a new well to be located within | 616 |
one hundred feet of another well if the chief determines that the | 617 |
applicant satisfactorily has demonstrated that the location of the | 618 |
new well at a distance that is less than one hundred feet from | 619 |
another well is necessary to reduce impacts to the owner of the | 620 |
land on which the well is to be located or to the surface of the | 621 |
land on which the well is to be located. | 622 |
(L)(K) The location of a new well or a new tank battery of a | 628 |
well shall not be within fifty feet of a stream, river, | 629 |
watercourse, water well, pond, lake, or other body of water. | 630 |
However, the chief may authorize a new well or a new tank battery | 631 |
of a well to be located at a distance that is less than fifty feet | 632 |
from a stream, river, watercourse, water well, pond, lake, or | 633 |
other body of water if the chief determines that the reduction in | 634 |
the distance is necessary to reduce impacts to the owner of the | 635 |
land on which the well or tank battery of a well is to be located | 636 |
or to protect public safety or the environment. | 637 |
(9) For an application for a permit to drill a new well | 686 |
within an urbanized area, a sworn statement that the applicant has | 687 |
provided notice by regular mail of the application to the owner of | 688 |
each parcel of real property that is located within five hundred | 689 |
feet of the surface location of the well and to the executive | 690 |
authority of the municipal corporation or the board of township | 691 |
trustees of the township, as applicable, in which the well is to | 692 |
be located. In addition, the notice shall contain a statement that | 693 |
informs an owner of real property who is required to receive the | 694 |
notice under division (A)(9) of this section that within five days | 695 |
of receipt of the notice, the owner is required to provide notice | 696 |
under section 1509.60 of the Revised Code to each residence in an | 697 |
occupied dwelling that is located on the owner's parcel of real | 698 |
property. The notice shall contain a statement that an application | 699 |
has been filed with the division of oil and gas resources | 700 |
management, identify the name of the applicant and the proposed | 701 |
well location, include the name and address of the division, and | 702 |
contain a statement that comments regarding the application may be | 703 |
sent to the division. The notice may be provided by hand delivery | 704 |
or regular mail. The identity of the owners of parcels of real | 705 |
property shall be determined using the tax records of the | 706 |
municipal corporation or county in which a parcel of real property | 707 |
is located as of the date of the notice. | 708 |
(B) The chief shall cause a copy of the weekly circular | 728 |
prepared by the division to be provided to the county engineer of | 729 |
each county that contains active or proposed drilling activity. | 730 |
The weekly circular shall contain, in the manner prescribed by the | 731 |
chief, the names of all applicants for permits, the location of | 732 |
each well or proposed well, the information required by division | 733 |
(A)(11) of this section, and any additional information the chief | 734 |
prescribes. In addition, the chief promptly shall transfer an | 735 |
electronic copy or facsimile, or if those methods are not | 736 |
available to a municipal corporation or township, a copy via | 737 |
regular mail, of a drilling permit application to the clerk of the | 738 |
legislative authority of the municipal corporation or to the clerk | 739 |
of the township in which the well or proposed well is or is to be | 740 |
located if the legislative authority of the municipal corporation | 741 |
or the board of township trustees has asked to receive copies of | 742 |
such applications and the appropriate clerk has provided the chief | 743 |
an accurate, current electronic mailing address or facsimile | 744 |
number, as applicable. | 745 |
(2) If the location of a well or proposed well will be or is | 753 |
within an urbanized area, the chief shall not issue a permit for | 754 |
at least eighteen days after the date of filing of the application | 755 |
for the permit unless, upon reasonable cause shown, the chief | 756 |
waives that period or the chief at the chief's discretion grants a | 757 |
request for an expedited review. However, the chief shall issue a | 758 |
permit for a well or proposed well within an urbanized area within | 759 |
thirty days of the filing of the application unless the chief | 760 |
denies the application by order. | 761 |
In addition to a complete application for a permit that meets | 770 |
the requirements of this section and the permit fee prescribed by | 771 |
this section, a request for expedited review shall be accompanied | 772 |
by a separate nonrefundable filing fee of two hundred fifty | 773 |
dollars. Upon the filing of a request for expedited review, the | 774 |
chief shall cause the county engineer of the county in which the | 775 |
well is or is to be located to be notified of the filing of the | 776 |
permit application and the request for expedited review by | 777 |
telephone or other means that in the judgment of the chief will | 778 |
provide timely notice of the application and request. The chief | 779 |
shall issue a permit within seven days of the filing of the | 780 |
request unless the chief denies the application by order. | 781 |
Notwithstanding the provisions of this section governing expedited | 782 |
review of permit applications, the chief may refuse to accept | 783 |
requests for expedited review if, in the chief's judgment, the | 784 |
acceptance of the requests would prevent the issuance, within | 785 |
twenty-one days of their filing, of permits for which applications | 786 |
are pending. | 787 |
(F) The chief shall issue an order denying a permit if the | 791 |
chief finds that there is a substantial risk that the operation | 792 |
will result in violations of this chapter or rules adopted under | 793 |
it that will present an imminent danger to public health or safety | 794 |
or damage to the environment, provided that where the chief finds | 795 |
that terms or conditions to the permit can reasonably be expected | 796 |
to prevent such violations, the chief shall issue the permit | 797 |
subject to those terms or conditions, including, if applicable, | 798 |
terms and conditions regarding subjects identified in rules | 799 |
adopted under section 1509.03 of the Revised Code. The issuance of | 800 |
a permit shall not be considered an order of the chief. | 801 |
(H) Prior to the issuance of a permit to drill a proposed | 824 |
well that is to be located in an urbanized area, the division | 825 |
shall conduct a site review to identify and evaluate any | 826 |
site-specific terms and conditions that may be attached to the | 827 |
permit. At the site review, a representative of the division shall | 828 |
consider fencing, screening, and landscaping requirements, if any, | 829 |
for similar structures in the community in which the well is | 830 |
proposed to be located. The terms and conditions that are attached | 831 |
to the permit shall include the establishment of fencing, | 832 |
screening, and landscaping requirements for the surface facilities | 833 |
of the proposed well, including a tank battery of the well. | 834 |
Sec. 1509.19. (A) An owner who elects to stimulate a well | 845 |
shall stimulate the well in a manner that will not endanger | 846 |
underground sources of drinking water. Not later than twenty-four | 847 |
hours before commencing the stimulation of a well, the owner or | 848 |
the owner's authorized representative shall notify an oil and gas | 849 |
resources inspector. If during the stimulation of a well damage to | 850 |
the production casing or cement occurs and results in the | 851 |
circulation of fluids from the annulus of the surface production | 852 |
casing, the owner shall immediately terminate the stimulation of | 853 |
the well and notify the chief of the division of oil and gas | 854 |
resources management. If the chief determines that the casing and | 855 |
the cement may be remediated in a manner that isolates the oil and | 856 |
gas bearing zones of the well, the chief may authorize the | 857 |
completion of the stimulation of the well. If the chief determines | 858 |
that the stimulation of a well resulted in irreparable damage to | 859 |
the well, the chief shall order that the well be plugged and | 860 |
abandoned within thirty days of the issuance of the order. | 861 |
(1) Brine from any well except an exempt Mississippian well | 895 |
shall be disposed of only by injection into an underground | 896 |
formation, including annular disposal if approved by rule of the | 897 |
chief, which injection shall be subject to division (D) of this | 898 |
section; by surface application in accordance with section | 899 |
1509.226 of the Revised Code; in association with a method of | 900 |
enhanced recovery as provided in section 1509.21 of the Revised | 901 |
Code; or by other methods approved by the chief for testing or | 902 |
implementing a new technology or method of disposal. Brine from | 903 |
exempt Mississippian wells shall not be discharged directly into | 904 |
the waters of the state. | 905 |
(D)(1) No person, without first having obtained a permit from | 928 |
the chief, shall inject brine or other waste substances resulting | 929 |
from, obtained from, or produced in connection with oil or gas | 930 |
drilling, exploration, or production into an underground formation | 931 |
unless a rule of the chief expressly authorizes the injection | 932 |
without a permit. The permit shall be in addition to any permit | 933 |
required by section 1509.05 of the Revised Code, and the permit | 934 |
application shall be accompanied by a permit fee of one thousand | 935 |
dollars. The chief shall adopt rules in accordance with Chapter | 936 |
119. of the Revised Code regarding the injection into wells of | 937 |
brine and other waste substances resulting from, obtained from, or | 938 |
produced in connection with oil or gas drilling, exploration, or | 939 |
production. The rules may authorize tests to evaluate whether | 940 |
fluids or carbon dioxide may be injected in a reservoir and to | 941 |
determine the maximum allowable injection pressure, which shall be | 942 |
conducted in accordance with methods prescribed in the rules or in | 943 |
accordance with conditions of the permit. In addition, the rules | 944 |
shall include provisions regarding applications for and issuance | 945 |
of the permits required by this division; entry to conduct | 946 |
inspections and to examine and copy records to ascertain | 947 |
compliance with this division and rules, orders, and terms and | 948 |
conditions of permits adopted or issued under it; the provision | 949 |
and maintenance of information through monitoring, recordkeeping, | 950 |
and reporting; and other provisions in furtherance of the goals of | 951 |
this section and the Safe Drinking Water Act. To implement the | 952 |
goals of the Safe Drinking Water Act, the chief shall not issue a | 953 |
permit for the injection of brine or other waste substances | 954 |
resulting from, obtained from, or produced in connection with oil | 955 |
or gas drilling, exploration, or production unless the chief | 956 |
concludes that the applicant has demonstrated that the injection | 957 |
will not result in the presence of any contaminant in ground water | 958 |
that supplies or can reasonably be expected to supply any public | 959 |
water system, such that the presence of the contaminant may result | 960 |
in the system's not complying with any national primary drinking | 961 |
water regulation or may otherwise adversely affect the health of | 962 |
persons. This division and rules, orders, and terms and conditions | 963 |
of permits adopted or issued under it shall be construed to be no | 964 |
more stringent than required for compliance with the Safe Drinking | 965 |
Water Act unless essential to ensure that underground sources of | 966 |
drinking water will not be endangered. | 967 |
(F) An owner shall replace the water supply of the holder of | 982 |
an interest in real property who obtains all or part of the | 983 |
holder's supply of water for domestic, agricultural, industrial, | 984 |
or other legitimate use from an underground or surface source | 985 |
where the supply has been substantially disrupted by | 986 |
contamination, diminution, or interruption proximately resulting | 987 |
from the owner's oil or gas operation, or the owner may elect to | 988 |
compensate the holder of the interest in real property for the | 989 |
difference between the fair market value of the interest before | 990 |
the damage occurred to the water supply and the fair market value | 991 |
after the damage occurred if the cost of replacing the water | 992 |
supply exceeds this difference in fair market values. However, | 993 |
during the pendency of any order issued under this division, the | 994 |
owner shall obtain for the holder or shall reimburse the holder | 995 |
for the reasonable cost of obtaining a water supply from the time | 996 |
of the contamination, diminution, or interruption by the operation | 997 |
until the owner has complied with an order of the chief for | 998 |
compliance with this division or such an order has been revoked or | 999 |
otherwise becomes not effective. If the owner elects to pay the | 1000 |
difference in fair market values, but the owner and the holder | 1001 |
have not agreed on the difference within thirty days after the | 1002 |
chief issues an order for compliance with this division, within | 1003 |
ten days after the expiration of that thirty-day period, the owner | 1004 |
and the chief each shall appoint an appraiser to determine the | 1005 |
difference in fair market values, except that the holder of the | 1006 |
interest in real property may elect to appoint and compensate the | 1007 |
holder's own appraiser, in which case the chief shall not appoint | 1008 |
an appraiser. The two appraisers appointed shall appoint a third | 1009 |
appraiser, and within thirty days after the appointment of the | 1010 |
third appraiser, the three appraisers shall hold a hearing to | 1011 |
determine the difference in fair market values. Within ten days | 1012 |
after the hearing, the appraisers shall make their determination | 1013 |
by majority vote and issue their final determination of the | 1014 |
difference in fair market values. The chief shall accept a | 1015 |
determination of the difference in fair market values made by | 1016 |
agreement of the owner and holder or by appraisers under this | 1017 |
division and shall make and dissolve orders accordingly. This | 1018 |
division does not affect in any way the right of any person to | 1019 |
enforce or protect, under applicable law, the person's interest in | 1020 |
water resources affected by an oil or gas operation. | 1021 |
(2) Minimum distances that wells and other excavations, | 1035 |
structures, and equipment shall be located from water wells, | 1036 |
streets, roads, highways, rivers, lakes, streams, ponds, other | 1037 |
bodies of water, railroad tracks, public or private recreational | 1038 |
areas, zoning districts, and buildings or other structures. Rules | 1039 |
adopted under division (A)(2) of this section shall not conflict | 1040 |
with section 1509.021 of the Revised Code. | 1041 |
(4) Procedures, methods, and equipment and other requirements | 1043 |
for equipment to prevent and contain discharges of oil and brine | 1044 |
from oil production facilities and oil drilling and workover | 1045 |
facilities consistent with and equivalent in scope, content, and | 1046 |
coverage to section 311(j)(1)(c) of the "Federal Water Pollution | 1047 |
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, | 1048 |
as amended, and regulations adopted under it. In addition, the | 1049 |
rules may specify procedures, methods, and equipment and other | 1050 |
requirements for equipment to prevent and contain surface and | 1051 |
subsurface discharges of fluids, condensates, and gases. | 1052 |
(B) The chief, in consultation with the emergency response | 1054 |
commission created in section 3750.02 of the Revised Code, shall | 1055 |
adopt rules in accordance with Chapter 119. of the Revised Code | 1056 |
that specify the information that shall be included in an | 1057 |
electronic database that the chief shall create and host. The | 1058 |
information shall be that which the chief considers to be | 1059 |
appropriate for the purpose of responding to emergency situations | 1060 |
that pose a threat to public health or safety or the environment. | 1061 |
At the minimum, the information shall include that which a person | 1062 |
who is regulated under this chapter is required to submit under | 1063 |
the "Emergency Planning and Community Right-To-Know Act of 1986," | 1064 |
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under | 1065 |
it. | 1066 |
Sec. 1509.231. The board of health of a health district in | 1091 |
which is located an injection well for which a permit has been | 1092 |
issued under division (D) of section 1522.22 of the Revised Code | 1093 |
shall conduct ground water monitoring at the site and in the | 1094 |
vicinity of the injection well to detect negative impacts to | 1095 |
ground water quality that may affect public health or the | 1096 |
environment. The board shall report the results of the ground | 1097 |
water monitoring to the chief of the division of oil and gas | 1098 |
resources management and the director of environmental protection | 1099 |
each calendar quarter in accordance with rules adopted under | 1100 |
section 1509.23 of the Revised Code. | 1101 |
Sec. 1509.29. Upon application by an owner of a tract for | 1102 |
which a drilling permit may not be issued, and a showing by the | 1103 |
owner that the owner is unable to enter a voluntary pooling | 1104 |
agreement and that the owner would be unable to participate under | 1105 |
a mandatory pooling order, the chief of the division of oil and | 1106 |
gas resources management shall issue a permit and order | 1107 |
establishing the tract as an exception tract if the chief finds | 1108 |
that the owner would otherwise be precluded from producing oil or | 1109 |
gas from the owner's tract because of minimum acreage or distance | 1110 |
requirements. The order shall set a percentage of the maximum | 1111 |
daily potential production at which the well may be produced. The | 1112 |
percentage shall be the same as the percentage that the number of | 1113 |
acres in the tract bears to the number of acres in the minimum | 1114 |
acreage requirement that has been established under section | 1115 |
1509.24 or 1509.25 of the Revised Code, whichever is applicable, | 1116 |
but if the well drilled on the tract is located nearer to the | 1117 |
boundary of the tract than the required minimum distance, the | 1118 |
percentage may not exceed the percentage determined by dividing | 1119 |
the distance from the well to the boundary by the minimum distance | 1120 |
requirement. Within ten days after completion of the well, the | 1121 |
maximum daily potential production of the well shall be determined | 1122 |
by such drill stem, open flow, or other tests as may be required | 1123 |
by the chief. The chief shall require such tests, at least once | 1124 |
every three months, as are necessary to determine the maximum | 1125 |
daily potential production at that time. | 1126 |