| Sec. 1509.02. There is hereby created in the department of | 8 |
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natural resources the division of oil and gas resources | 9 |
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management, which shall be administered by the chief of the | 10 |
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division of oil and gas resources management. The division has | 11 |
sole and exclusive authority to regulate the permitting, location, | 12 |
and spacing, installation, operation, maintenance, abandonment, | 13 |
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plugging, and site restoration of, disposal of waste from, and all | 14 |
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matters related to oil and gas wells and production operations | 15 |
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within the state that are necessary to protect the health and | 16 |
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safety of the public, property, and the environment, excepting | 17 |
only those activities regulated under federal laws for which | 18 |
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oversight has been delegated to the environmental protection | 19 |
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agency and activities regulated under sections 6111.02 to 6111.029 | 20 |
of the Revised Code. The regulation of oil and gas activities is a | 21 |
matter of general statewide interest that requires uniform | 22 |
statewide regulation, and this chapter and rules adopted under it | 23 |
constitute a comprehensive plan with respect to all aspects of the | 24 |
locating, drilling, well stimulation, completing, and operating of | 25 |
oil and gas wells within this state, including site construction | 26 |
and restoration, permitting related to those activities, and the | 27 |
disposal of wastes from those wells. In order to assist the | 28 |
division in the furtherance of its sole and exclusive authority as | 29 |
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established in this section, the chief may enter into cooperative | 30 |
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agreements with other state agencies for advice and consultation, | 31 |
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including visitations at the surface location of a well on behalf | 32 |
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of the division. Such cooperative agreements do not confer on | 33 |
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other state agencies any authority to administer or enforce this | 34 |
chapter and rules adopted under it. In addition, such cooperative | 35 |
agreements shall not be construed to dilute or diminish the | 36 |
division's sole and exclusive authority as established in this | 37 |
section. Nothing in this section affects the authority granted to | 38 |
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the director of transportation and local authorities in section | 39 |
723.01 or 4513.34 of the Revised Code, provided that the authority | 40 |
granted under those sections shall not be exercised in a manner | 41 |
that discriminates against, unfairly impedes, or obstructs oil and | 42 |
gas activities and operations regulated under this chapter. | 43 |
| All moneys collected by the chief pursuant to sections | 47 |
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1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222, | 48 |
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1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent | 49 |
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of moneys received by the treasurer of state from the tax levied | 50 |
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in divisions (A)(5) and (6) of section 5749.02 of the Revised | 51 |
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Code, all civil penalties paid under section 1509.33 of the | 52 |
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Revised Code, and, notwithstanding any section of the Revised Code | 53 |
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relating to the distribution or crediting of fines for violations | 54 |
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of the Revised Code, all fines imposed under divisions (A) and (B) | 55 |
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of section 1509.99 of the Revised Code and fines imposed under | 56 |
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divisions (C) and (D) of section 1509.99 of the Revised Code for | 57 |
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all violations prosecuted by the attorney general and for | 58 |
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violations prosecuted by prosecuting attorneys that do not involve | 59 |
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the transportation of brine by vehicle shall be deposited into the | 60 |
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state treasury to the credit of the oil and gas well fund, which | 61 |
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is hereby created. Fines imposed under divisions (C) and (D) of | 62 |
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section 1509.99 of the Revised Code for violations prosecuted by | 63 |
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prosecuting attorneys that involve the transportation of brine by | 64 |
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vehicle and penalties associated with a compliance agreement | 65 |
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entered into pursuant to this chapter shall be paid to the county | 66 |
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treasury of the county where the violation occurred. | 67 |
| The fund shall be used solely and exclusively for the | 68 |
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purposes enumerated in division (B) of section 1509.071 of the | 69 |
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Revised Code, for the expenses of the division associated with the | 70 |
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administration of this chapter and Chapter 1571. of the Revised | 71 |
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Code and rules adopted under them, and for expenses that are | 72 |
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critical and necessary for the protection of human health and | 73 |
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safety and the environment related to oil and gas production in | 74 |
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this state. The expenses of the division in excess of the moneys | 75 |
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available in the fund shall be paid from general revenue fund | 76 |
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appropriations to the department. | 77 |
| Sec. 1509.39. This chapter and rules adopted under it shall | 78 |
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not be construed to prevent a municipal corporation, county, or | 79 |
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township from enacting and enforcing health and safety standards | 80 |
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for the drilling and exploration for oil and gas, provided that | 81 |
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those standards are not less restrictive than this chapter and | 82 |
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rules adopted under it. A county or township shall not adopt or | 83 |
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enforce any ordinances, resolutions, rules, or requirements | 84 |
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relative to the minimum acreage requirements for drilling units; | 85 |
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minimum distances from which a new well or related production | 86 |
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facilities may be drilled or an existing well deepened, plugged | 87 |
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back, or reopened to a source of supply different from the | 88 |
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existing pool from boundaries of tracts, drilling units, or other | 89 |
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facilities or features specified in section 1509.021 or 1509.23 of | 90 |
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the Revised Code; or the restoration or plugging of an oil or gas | 91 |
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well. | 92 |