As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 490

Representatives Hall, Thompson 

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A BILL

To amend sections 901.22, 903.01, 903.03, 903.07,

1

903.082, 903.09, 903.10, 903.11, 903.12, 903.13,

2

903.16, 903.17, 903.25, 941.14, 953.22, 1501.01,

3

1501.011, 1509.01, 1509.02, 1509.04, 1509.05,

4

1509.06, 1509.08, 1509.11, 1509.222, 1509.223,

5

1509.23, 1509.27, 1509.33, 1509.99, 1511.01,

6

1511.02, 1511.021, 1511.022, 1511.05, 1511.07,

7

1511.99, 1515.01, 1515.02, 1515.08, 1533.081,

8

3704.05, 3734.02, 3734.029, 3745.70, 3750.13,

9

3750.14, 6109.10, 6111.03, 6111.04, 6111.44, and

10

6111.99; to amend, for the purpose of adopting new

11

section numbers as indicated in parentheses,

12

sections 1509.061 (1509.091) and 1511.022

13

(939.04); to enact sections 939.01, 939.02,

14

939.03, 939.05, 939.06, 939.07, 939.08, 939.09,

15

939.10, 939.11, 1509.051, 1511.023, and 1511.09;

16

and to repeal sections 903.04, 1511.071, and

17

3750.081 of the Revised Code to revise certain

18

laws governing agriculture, natural resources, and

19

environmental protection.

20

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

Section 1. That sections 901.22, 903.01, 903.03, 903.07,	21
903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17,	22
903.25, 941.14, 953.22, 1501.01, 1501.011, 1509.01, 1509.02,	23
1509.04, 1509.05, 1509.06, 1509.08, 1509.11, 1509.222, 1509.223,	24
1509.23, 1509.27, 1509.33, 1509.99, 1511.01, 1511.02, 1511.021,	25
1511.022, 1511.05, 1511.07, 1511.99, 1515.01, 1515.02, 1515.08,	26
1533.081, 3704.05, 3734.02, 3734.029, 3745.70, 3750.13, 3750.14,	27
6109.10, 6111.03, 6111.04, 6111.44, and 6111.99 be amended;	28
sections 1509.061 (1509.091) and 1511.022 (939.04) be amended for	29
the purpose of adopting new section numbers as indicated in	30
parentheses; and sections 939.01, 939.02, 939.03, 939.05, 939.06,	31
939.07, 939.08, 939.09, 939.10, 939.11, 1509.051, 1511.023, and	32
1511.09 of the Revised Code be enacted to read as follows:	33

Sec. 901.22.  (A) The director of agriculture, in accordance	34
with Chapter 119. of the Revised Code, shall adopt rules that do	35
all of the following:	36

(1) Establish procedures and eligibility criteria for making	37
matching grants to municipal corporations, counties, townships,	38
soil and water conservation districts established under Chapter	39
1515. of the Revised Code, and charitable organizations described	40
in division (B) of section 5301.69 of the Revised Code for the	41
purchase of agricultural easements. With respect to agricultural	42
easements that are purchased or proposed to be purchased with such	43
matching grants that consist in whole or in part of moneys from	44
the clean Ohio agricultural easement fund created in section	45
901.21 of the Revised Code, the rules shall establish all of the	46
following:	47

(a) Procedures for all of the following:

48

(i) Soliciting and accepting applications for matching	49
grants;	50

(ii) Participation by local governments and by the public in	51
the process of making matching grants to charitable organizations;	52

(iii) Notifying local governments, charitable organizations,	53
and organizations that represent the interests of farmers of the	54
ranking system established in rules adopted under division	55
(A)(1)(b) of this section.	56

(b) A ranking system for applications for the matching grants	57
that is based on the soil type, proximity of the land or other	58
land that is conducive to agriculture as defined by rules adopted	59
under this section and that is the subject of an application to	60
other agricultural land or other land that is conducive to	61
agriculture as defined by rules adopted under this section and	62
that is already or is in the process of becoming permanently	63
protected from development, farm stewardship, development	64
pressure, and, if applicable, a local comprehensive land use plan	65
involved with a proposed agricultural easement. The rules shall	66
require that preference be given to proposed agricultural	67
easements that involve the greatest proportion of all of the	68
following:	69

(i) Prime soils, unique or locally important soils,	70
microclimates, or similar features;	71

(ii) Land that is adjacent to or that is in close proximity	72
to other agricultural land or other land that is conducive to	73
agriculture as defined by rules adopted under this section and	74
that is already or is in the process of becoming permanently	75
protected from development, by agricultural easement or otherwise,	76
so that a buffer would exist between the land involving the	77
proposed agricultural easement and areas that have been developed	78
or likely will be developed for purposes other than agriculture;	79

(iii) The use of best management practices, including	80
federally or state approved conservation plans, and a history of	81
substantial compliance with applicable federal and state laws;	82

(iv) Development pressure that is imminent, but not a result	83
of current location in the direct path of urban development;	84

(v) Areas identified for agricultural protection in local	85
comprehensive land use plans.	86

(c) Any other criteria that the director determines are	87
necessary for selecting applications for matching grants;	88

(d) Requirements regarding the information that must be	89
included in the annual monitoring report that must be prepared for	90
an agricultural easement under division (E)(2) of section 5301.691	91
of the Revised Code, procedures for submitting a copy of the	92
report to the office of farmland preservation in the department of	93
agriculture, and requirements and procedures governing corrective	94
actions that may be necessary to enforce the terms of the	95
agricultural easement.	96

(2) Establish provisions that shall be included in the	97
instrument conveying to a municipal corporation, county, township,	98
soil and water conservation district, or charitable organization	99
any agricultural easement purchased with matching grant funds	100
provided by the director under this section, including, without	101
limitation, all of the following provisions:	102

(a) A provision stating that an easement so purchased may be	103
extinguished only if an unexpected change in the conditions of or	104
surrounding the land that is subject to the easement makes	105
impossible or impractical the continued use of the land for the	106
purposes described in the easement, or if the requirements of the	107
easement are extinguished by judicial proceedings;	108

(b) A provision requiring that, upon the sale, exchange, or	109
involuntary conversion of the land subject to the easement, the	110
holder of the easement shall be paid an amount of money that is at	111
least equal to the proportionate value of the easement compared to	112
the total value of the land at the time the easement was acquired;	113

(c) A provision requiring that, upon receipt of the portion	114
of the proceeds of a sale, exchange, or involuntary conversion	115
described in division (A)(2)(b) of this section, the municipal	116
corporation, county, township, soil and water conservation	117
district, or charitable organization remit to the director an	118
amount of money equal to the percentage of the cost of purchasing	119
the easement it received as a matching grant under this section.	120

Moneys received by the director pursuant to rules adopted	121
under division (A)(2)(c) of this section shall be credited to the	122
agricultural easement purchase fund created in section 901.21 of	123
the Revised Code.	124

(3) Establish a provision that provides a charitable	125
organization, municipal corporation, township, county, or soil and	126
water conservation district with the option of purchasing	127
agricultural easements either in installments or with a lump sum	128
payment. The rules shall include a requirement that a charitable	129
organization, municipal corporation, township, county, or soil and	130
water conservation district negotiate with the seller of the	131
agricultural easement concerning any installment payment terms,	132
including the dates and amounts of payments and the interest rate	133
on the outstanding balance. The rules also shall require the	134
director to approve any method of payment that is undertaken in	135
accordance with the rules adopted under division (A)(3) of this	136
section.	137

(4) Establish any other requirements that the director	138
considers to be necessary or appropriate to implement or	139
administer a program to make matching grants under this section	140
and monitor those grants.	141

(B) The director may develop guidelines regarding the	142
acquisition of agricultural easements by the department of	143
agriculture and the provisions of instruments conveying those	144
easements. The director may make the guidelines available to	145
public and private entities authorized to acquire and hold	146
agricultural easements.	147

(C) The director may provide technical assistance in	148
developing a program for the acquisition and monitoring of	149
agricultural easements to public and private entities authorized	150
to hold agricultural easements. The technical assistance may	151
include, without limitation, reviewing and providing advisory	152
recommendations regarding draft instruments conveying agricultural	153
easements.	154

(D)(1) The director may make matching grants from the	155
agricultural easement purchase fund and the clean Ohio	156
agricultural easement fund to municipal corporations, counties,	157
townships, soil and water conservation districts, and charitable	158
organizations to assist those political subdivisions and	159
charitable organizations in purchasing agricultural easements.	160
Application for a matching grant shall be made on forms prescribed	161
and provided by the director. The matching grants shall be made in	162
compliance with the criteria and procedures established in rules	163
adopted under this section. Instruments conveying agricultural	164
easements purchased with matching grant funds provided under this	165
section, at a minimum, shall include the mandatory provisions set	166
forth in those rules.	167

Matching grants made under this division using moneys from	168
the clean Ohio agricultural easement fund created in section	169
901.21 of the Revised Code may provide up to seventy-five per cent	170
of the value of an agricultural easement as determined by a	171
general real estate appraiser who is certified under Chapter 4763.	172
of the Revised Code or as determined through a points-based	173
appraisal system established under division (D)(2) of this	174
section. Not less than twenty-five per cent of the value of the	175
agricultural easement shall be provided by the recipient of the	176
matching grant or donated by the person who is transferring the	177
easement to the grant recipient. The amount of such a matching	178
grant used for the purchase of a single agricultural easement	179
shall not exceed one million dollars.	180

(2) The director shall establish a points-based appraisal	181
system for the purposes of division (D)(1) of this section. The	182
director may include any or all of the following factors in the	183
system:	184

(a) Whether the applicable county auditor has determined that	185
the land is land that is devoted exclusively to agriculture for	186
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	187

(b) Changes in land values following the completion of the	188
applicable county auditor's reappraisal or triennial update;	189

(c) Soil types and productivity;

190

(d) Proximity of the land to land that is already subject to	191
an agricultural easement, conservation easement created under	192
sections 5301.67 to 5301.70 of the Revised Code, or similar	193
land-use limitation;	194

(e) Proximity of the land to water and sewer lines, road	195
interchanges, and nonagricultural development;	196

(f) Parcel size and roadway frontage of the land;

197

(g) Existence of an agreement entered into under division (D)	198
of section 1515.08 of the Revised Code or of an operation and	199
management plan developed under division (A) of section 1511.021	200
of the Revised Code, as applicable;	201

(h) Existence of a nutrient management plan developed under	202
division (A) of section 939.03 of the Revised Code, as applicable;	203

(i) Existence of a comprehensive plan that is adopted under	204
section 303.02 or 519.02 of the Revised Code or that is adopted by	205
the planning commission of a municipal corporation under section	206
713.06 of the Revised Code;	207

(i)(j) Any other factors that the director determines are	208
necessary for inclusion in the system.	209

(E) An agricultural easement acquired as a result of a	210
matching grant awarded under division (D) of this section may	211
include a provision to preserve a unique natural or physical	212
feature on the land so long as the use of the land remains	213
predominantly agricultural.	214

(F) For any agricultural easement purchased with a matching	215
grant that consists in whole or in part of moneys from the clean	216
Ohio agricultural easement fund, the director shall be named as a	217
grantee on the instrument conveying the easement, as shall the	218
municipal corporation, county, township, soil and water	219
conservation district, or charitable organization that receives	220
the grant.	221

(G)(1) The director shall monitor and evaluate the	222
effectiveness and efficiency of the agricultural easement program	223
as a farmland preservation tool. On or before July 1, 1999, and	224
the first day of July of each year thereafter, the director shall	225
prepare and submit a report to the chairpersons of the standing	226
committees of the senate and the house of representatives that	227
consider legislation regarding agriculture. The report shall	228
consider and address the following criteria to determine the	229
program's effectiveness:	230

(a) The number of agricultural easements purchased during the	231
preceding year;	232

(b) The location of those easements;

233

(c) The number of acres of land preserved for agricultural	234
use;	235

(d) The amount of money used by a municipal corporation,	236
township, county, or soil and water conservation district from any	237
fund to purchase the agricultural easements;	238

(e) The number of state matching grants given to purchase the	239
agricultural easements;	240

(f) The amount of state matching grant moneys used to	241
purchase the agricultural easements.	242

(2) The report also shall consider and include, at a minimum,	243
the following information for each county to determine the	244
program's efficiency:	245

(a) The total number of acres in the county;

246

(b) The total number of acres in current agricultural use;

247

(c) The total number of acres preserved for agricultural use	248
in the preceding year;	249

(d) The average cost, per acre, of land preserved for	250
agricultural use in the preceding year.	251

Sec. 903.01.  As used in this chapter:

252

(A) "Agricultural animal" means any animal generally used for	253
food or in the production of food, including cattle, sheep, goats,	254
rabbits, poultry, and swine; horses; alpacas; llamas; and any	255
other animal included by the director of agriculture by rule.	256
"Agricultural animal" does not include fish or other aquatic	257
animals regardless of whether they are raised at fish hatcheries,	258
fish farms, or other facilities that raise aquatic animals.	259

(B) "Animal feeding facility" means a lot, building, or	260
structure where both of the following conditions are met:	261

(1) Agricultural animals have been, are, or will be stabled	262
or confined and fed or maintained there for a total of forty-five	263
days or more in any twelve-month period.	264

(2) Crops, vegetative forage growth, or post-harvest residues	265
are not sustained in the normal growing season over any portion of	266
the lot, building, or structure.	267

"Animal feeding facility" also includes land that is owned or	268
leased by or otherwise is under the control of the owner or	269
operator of the lot, building, or structure and on which manure	270
originating from agricultural animals in the lot, building, or	271
structure or a production area is or may be applied.	272

Two or more animal feeding facilities under common ownership	273
shall be considered to be a single animal feeding facility for the	274
purposes of this chapter if they adjoin each other or if they use	275
a common area or system for the disposal of manure.	276

(C) "Animal feeding operation" has the same meaning as	277
"animal feeding facility."	278

(D) "Cattle" includes, but is not limited to, heifers,	279
steers, bulls, and cow and calf pairs.	280

(E) "Concentrated animal feeding facility" means an animal	281
feeding facility with a total design capacity equal to or more	282
than the number of animals specified in any of the categories in	283
division (M) of this section.	284

(F) "Concentrated animal feeding operation" means an animal	285
feeding facility that complies with one of the following:	286

(1) Has a total design capacity equal to or more than the	287
number of animals specified in any of the categories in division	288
(M) of this section;	289

(2) Satisfies the criteria in division (M), (Q), or (FF) of	290
this section;	291

(3) Is designated by the director of agriculture as a medium	292
or small concentrated animal feeding operation pursuant to rules.	293

(G) "Discharge" means to add from a point source to waters of	294
the state.	295

(H) "Federal Water Pollution Control Act" means the "Federal	296
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33	297
U.S.C. 1251 et. seq., as amended, and regulations adopted under	298
it.	299

(I) "Finalized," with respect to the programs required under	300
division (A)(1) of section 903.02 and division (A)(1) of section	301
903.03 of the Revised Code, means that all rules that are	302
necessary for the administration of this chapter have been adopted	303
and all employees of the department of agriculture that are	304
necessary for the administration of this chapter have been	305
employed.	306

(J) "General permit" has the meaning that is established in	307
rules.	308

(K) "Individual permit" has the meaning that is established	309
in rules.	310

(L) "Installation permit" means a permit for the installation	311
or modification of a disposal system or any part of a disposal	312
system issued by the director of environmental protection under	313
division (J)(1) of section 6111.03 of the Revised Code.	314

(M) "Large concentrated animal feeding operation" means an	315
animal feeding facility that stables or confines at least the	316
number of animals specified in any of the following categories:	317

(1) Seven hundred mature dairy cattle whether milked or dry;

318

(2) One thousand veal calves;

319

(3) One thousand cattle other than mature dairy cattle or	320
veal calves;	321

(4) Two thousand five hundred swine that each weigh	322
fifty-five pounds or more;	323

(5) Ten thousand swine that each weigh less than fifty-five	324
pounds;	325

(6) Five hundred horses;

326

(7) Ten thousand sheep or lambs;

327

(8) Fifty-five thousand turkeys;

328

(9) Thirty thousand laying hens or broilers if the animal	329
feeding facility uses a liquid manure handling system;	330

(10) One hundred twenty-five thousand chickens, other than	331
laying hens, if the animal feeding facility uses a manure handling	332
system that is not a liquid manure handling system;	333

(11) Eighty-two thousand laying hens if the animal feeding	334
facility uses a manure handling system that is not a liquid manure	335
handling system;	336

(12) Thirty thousand ducks if the animal feeding facility	337
uses a manure handling system that is not a liquid manure handling	338
system;	339

(13) Five thousand ducks if the animal feeding facility uses	340
a liquid manure handling system.	341

(N) "Major concentrated animal feeding facility" means a	342
concentrated animal feeding facility with a total design capacity	343
of more than ten times the number of animals specified in any of	344
the categories in division (M) of this section.	345

(O) "Manure" means any of the following wastes used in or	346
resulting from the production of agricultural animals or direct	347
agricultural products such as milk or eggs: animal excreta,	348
discarded products, bedding, process waste water, process	349
generated waste water, waste feed, silage drainage, and compost	350
products resulting from mortality composting or the composting of	351
animal excreta.	352

(P) "Manure storage or treatment facility" means any	353
excavated, diked, or walled structure or combination of structures	354
designed for the biological stabilization, holding, or storage of	355
manure.	356

(Q) "Medium concentrated animal feeding operation" means an	357
animal feeding facility that satisfies both of the following:	358

(1) The facility stables or confines the number of animals	359
specified in any of the following categories:	360

(a) Two hundred to six hundred ninety-nine mature dairy	361
cattle whether milked or dry;	362

(b) Three hundred to nine hundred ninety-nine veal calves;

363

(c) Three hundred to nine hundred ninety-nine cattle other	364
than mature dairy cattle or veal calves;	365

(d) Seven hundred fifty to two thousand four hundred	366
ninety-nine swine that each weigh fifty-five pounds or more;	367

(e) Three thousand to nine thousand nine hundred ninety-nine	368
swine that each weigh less than fifty-five pounds;	369

(f) One hundred fifty to four hundred ninety-nine horses;

370

(g) Three thousand to nine thousand nine hundred ninety-nine	371
sheep or lambs;	372

(h) Sixteen thousand five hundred to fifty-four thousand nine	373
hundred ninety-nine turkeys;	374

(i) Nine thousand to twenty-nine thousand nine hundred	375
ninety-nine laying hens or broilers if the animal feeding facility	376
uses a liquid manure handling system;	377

(j) Thirty-seven thousand five hundred to one hundred	378
twenty-four thousand nine hundred ninety-nine chickens, other than	379
laying hens, if the animal feeding facility uses a manure handling	380
system that is not a liquid manure handling system;	381

(k) Twenty-five thousand to eighty-one thousand nine hundred	382
ninety-nine laying hens if the animal feeding facility uses a	383
manure handling system that is not a liquid manure handling	384
system;	385

(l) Ten thousand to twenty-nine thousand nine hundred	386
ninety-nine ducks if the animal feeding facility uses a manure	387
handling system that is not a liquid manure handling system;	388

(m) One thousand five hundred to four thousand nine hundred	389
ninety-nine ducks if the animal feeding facility uses a liquid	390
manure handling system.	391

(2) The facility does one of the following:

392

(a) Discharges pollutants into waters of the United States	393
through a ditch constructed by humans, a flushing system	394
constructed by humans, or another similar device constructed by	395
humans;	396

(b) Discharges pollutants directly into waters of the United	397
States that originate outside of and that pass over, across, or	398
through the facility or otherwise come into direct contact with	399
the animals at the facility.	400

"Medium concentrated animal feeding operation" includes an	401
animal feeding facility that is designated by the director as a	402
medium concentrated animal feeding operation pursuant to rules.	403

(R) "Mortality composting" means the controlled decomposition	404
of organic solid material consisting of dead animals that	405
stabilizes the organic fraction of the material.	406

(S) "NPDES permit" means a permit issued under the national	407
pollutant discharge elimination system established in section 402	408
of the Federal Water Pollution Control Act and includes the	409
renewal of such a permit. "NPDES permit" includes the federally	410
enforceable provisions of a permit to operate into which NPDES	411
permit provisions have been incorporated.	412

(T) "Permit" includes an initial, renewed, or modified permit	413
to install, permit to operate, NPDES permit, and installation	414
permit unless expressly stated otherwise.	415

(U) "Permit to install" means a permit issued under section	416
903.02 of the Revised Code.	417

(V) "Permit to operate" means a permit issued or renewed	418
under section 903.03 of the Revised Code and includes incorporated	419
NPDES permit provisions, if applicable.	420

(W) "Person" has the same meaning as in section 1.59 of the	421
Revised Code and also includes the state, any political	422
subdivision of the state, any interstate body created by compact,	423
the United States, or any department, agency, or instrumentality	424
of any of those entities.	425

(X) "Point source" has the same meaning as in the Federal	426
Water Pollution Control Act.	427

(Y) "Pollutant" means dredged spoil, solid waste, incinerator	428
residue, filter backwash, sewage, garbage, sewage sludge,	429
munitions, chemical wastes, biological materials, radioactive	430
materials except those regulated under the "Atomic Energy Act of	431
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or	432
discarded equipment, rock, sand, cellar dirt, and industrial,	433
municipal, and agricultural waste, including manure, discharged	434
into water. "Pollutant" does not include either of the following:	435

(1) Sewage from vessels;

436

(2) Water, gas, or other material that is injected into a	437
well to facilitate production of oil or gas, or water derived in	438
association with oil and gas production and disposed of in a well,	439
if the well that is used either to facilitate production or for	440
disposal purposes is approved by the state and if the state	441
determines that the injection or disposal will not result in the	442
degradation of ground or surface water resources.	443

(Z) "Process generated waste water" means water that is	444
directly or indirectly used in the operation of an animal feeding	445
facility for any of the following:	446

(1) Spillage or overflow from animal watering systems;

447

(2) Washing, cleaning, or flushing pens, barns, manure pits,	448
or other areas of an animal feeding facility;	449

(3) Direct contact swimming, washing, or spray cooling of	450
animals;	451

(4) Dust control.

452

(AA) "Process waste water" means any process generated waste	453
water and any precipitation, including rain or snow, that comes	454
into contact with manure, litter, bedding, or any other raw	455
material or intermediate or final material or product used in or	456
resulting from the production of animals or direct products such	457
as milk or eggs.	458

(BB) "Production area" means any of the following components	459
of an animal feeding facility:	460

(1) Animal confinement areas, including, but not limited to,	461
open lots, housed lots, feedlots, confinement houses, stall barns,	462
free stall barns, milkrooms, milking centers, cowyards, barnyards,	463
medication pens, animal walkways, and stables;	464

(2) Manure storage areas, including, but not limited to,	465
manure storage or treatment facilities;	466

(3) Raw material storage areas, including, but not limited	467
to, feed silos, silage bunkers, commodity buildings, and bedding	468
materials;	469

(4) Waste containment areas, including, but not limited to,	470
any of the following:	471

(a) An egg washing or egg processing facility;

472

(b) An area used in the storage, handling, treatment, or	473
disposal of mortalities;	474

(c) Settling basins, runoff ponds, liquid impoundments, and	475
areas within berms and diversions that are designed and maintained	476
to separate uncontaminated storm water runoff from contaminated	477
water and to contain and treat contaminated storm water runoff.	478

(CC) "Public meeting" means a nonadversarial public hearing	479
at which a person may present written or oral statements for the	480
director of agriculture's consideration and includes public	481
hearings held under section 6111.12 of the Revised Code.	482

(DD) "Review compliance certificate" means a certificate	483
issued under section 903.04 of the Revised Code.	484

(EE) "Rule" means a rule adopted under section 903.10 of the	485
Revised Code.	486

(FF)(EE) "Small concentrated animal feeding operation" means	487
an animal feeding facility that is not a large or medium	488
concentrated animal feeding operation and that is designated by	489
the director as a small concentrated animal feeding operation	490
pursuant to rules.	491

(GG)(FF) "Waters of the state" has the same meaning as in	492
section 6111.01 of the Revised Code.	493

Sec. 903.03.  (A)(1) Not later than one hundred eighty days	494
after March 15, 2001, the director of agriculture shall prepare a	495
program for the issuance of permits to operate under this section.	496

(2) Except for a concentrated animal feeding facility that is	497
operating under an installation permit or a review compliance	498
certificate, on and after the date on which the director has	499
finalized the program required under division (A)(1) of this	500
section, no person shall own or operate a concentrated animal	501
feeding facility without a permit to operate issued by the	502
director under this section.	503

(B) The director or the director's authorized representative	504
may help an applicant for a permit to operate during the	505
permitting process by providing guidance and technical assistance.	506

(C) An applicant for a permit to operate shall submit a fee	507
in an amount established by rule together with, except as	508
otherwise provided in division (E) of this section, an application	509
to the director on a form that the director prescribes and	510
provides. The applicant shall include with the application all of	511
the following information:	512

(1) The name and address of the applicant, of all partners if	513
the applicant is a partnership, of all members if the applicant is	514
a limited liability company, or of all officers and directors if	515
the applicant is a corporation, and of any other person who has a	516
right to control or in fact controls management of the applicant	517
or the selection of officers, directors, or managers of the	518
applicant. As used in division (C)(1) of this section, "control"	519
has the same meaning as in division (C)(1) of section 903.02 of	520
the Revised Code.	521

(2) Information concerning the applicant's past compliance	522
with laws pertaining to environmental protection that is required	523
to be provided under section 903.05 of the Revised Code, if	524
applicable;	525

(3) A manure management plan for the concentrated animal	526
feeding facility that conforms to best management practices	527
regarding the handling, storage, transportation, and land	528
application of manure generated at the facility and that contains	529
any other information required by rule;	530

(4) An insect and rodent control plan for the concentrated	531
animal feeding facility that conforms to best management practices	532
and is prepared in accordance with section 903.06 of the Revised	533
Code;	534

(5) In the case of an application for a major concentrated	535
animal feeding facility, written proof that the person who would	536
be responsible for the supervision of the management and handling	537
of manure at the facility has been issued a livestock manager	538
certification in accordance with section 903.07 of the Revised	539
Code or will obtain a livestock manager certification prior to	540
applying any manure to land.	541

(D) The director shall issue permits to operate in accordance	542
with section 903.09 of the Revised Code. The director shall deny a	543
permit to operate if either of the following applies:	544

(1) The permit application contains misleading or false	545
information;.	546

(2) The manure management plan or insect and rodent control	547
plan fails to conform to best management practices.	548

Additional grounds for the denial of a permit to operate	549
shall be those established in this chapter and in rules.	550

(E) The director shall issue general permits to operate for	551
categories of concentrated animal feeding facilities that will	552
apply in lieu of individual permits to operate, provided that each	553
category of facilities meets all of the criteria established in	554
rules for general permits to operate. A person who is required to	555
obtain a permit to operate shall submit to the director a notice	556
of the person's intent to be covered under an existing general	557
permit or, at the person's option, shall submit an application for	558
an individual permit to operate. Upon receipt of a notice of	559
intent to be covered under an existing general permit, the	560
director shall notify the applicant in writing that the person is	561
covered by the general permit if the person satisfies the criteria	562
established in rules for eligibility for such coverage. If the	563
person is ineligible for coverage under the general permit, the	564
director shall require the submission of an application for an	565
individual permit to operate.	566

(F) A permit to operate shall be valid for a period of five	567
years.	568

(G) A permit to operate may be renewed. An application for	569
renewal of a permit to operate shall be submitted to the director	570
at least one hundred eighty days prior to the expiration date of	571
the permit to operate and shall comply with the requirements	572
governing applications for permits to operate that are established	573
under this section and by rules, including requirements pertaining	574
to public notice and participation.	575

(H) The director may modify, suspend, or revoke a permit to	576
operate in accordance with rules.	577

(I) The owner or operator of a concentrated animal feeding	578
facility who proposes to make a major operational change at the	579
facility shall submit an application for approval of the change to	580
the director in accordance with rules.	581

Sec. 903.07.  (A) On and after the date that is established	582
in rules by the director of agriculture, both of the following	583
apply:	584

(1) The management and handling of manure at a major	585
concentrated animal feeding facility, including the land	586
application of manure or the removal of manure from a manure	587
storage or treatment facility, shall be conducted only by or under	588
the supervision of a person holding a livestock manager	589
certification issued under this section. A person managing or	590
handling manure who is acting under the instructions and control	591
of a person holding a livestock manager certification is	592
considered to be under the supervision of the certificate holder	593
if the certificate holder is responsible for the actions of the	594
person and is available when needed even though the certificate	595
holder is not physically present at the time of the manure	596
management or handling.	597

(2) No person shall transport and land apply annually or buy,	598
sell, or land apply annually the volume of manure established in	599
rules adopted by the director under division (E)(D)(5) of section	600
903.10 of the Revised Code unless the person holds a livestock	601
manager certification issued under this section.	602

(B) The director shall issue a livestock manager	603
certification to a person who has submitted a complete application	604
for certification on a form prescribed and provided by the	605
director, together with the appropriate application fee, and who	606
has completed successfully the required training and has passed	607
the required examination. The director may suspend or revoke a	608
livestock manager certification and may reinstate a suspended or	609
revoked livestock manager certification in accordance with rules.	610

(C) Information required to be included in an application for	611
a livestock manager certification, the amount of the application	612
fee, requirements regarding training and the examination,	613
requirements governing the management and handling of manure,	614
including the land application of manure, and requirements	615
governing the keeping of records regarding the handling of manure,	616
including the land application of manure, shall be established in	617
rules.	618

Sec. 903.082. (A) The director of agriculture may determine	619
that an animal feeding facility that is not a concentrated animal	620
feeding facility nevertheless shall be required to apply for and	621
receive a permit to operate when all of the following apply:	622

(1) The director has received from the chief of the division	623
of soil and water resources in the department of natural resources	624
a copy of an order issuedspecified a corrective action to be	625
taken under section 1511.02939.09 of the Revised Code that	626
specifies that the animal feeding facility has caused agricultural	627
pollution by failure to comply with standards established under	628
that section and that the animal feeding facility therefore should	629
be required to be permitted as a concentrated animal feeding	630
facility.	631

(2) The director or the director's authorized representative	632
has inspected the animal feeding facility.	633

(3) The director or the director's authorized representative	634
finds that the facility is not being operated in a manner that	635
protects the waters of the state.	636

(B) In a situation in which best management practices cannot	637
be implemented without modifying the existing animal feeding	638
facility, the owner or operator of the facility shall apply for a	639
permit to install for the facility.	640

(C) In the case of an animal feeding facility for which a	641
permit to operate is required under this section, a permit to	642
operate shall not be required after the end of the five-year term	643
of the permit if the problems that caused the facility to be	644
required to obtain the permit have been corrected to the	645
director's satisfaction.	646

Sec. 903.09. (A) Prior to issuing or modifying a permit to	647
install, permit to operate, or NPDES permit, the director of	648
agriculture shall issue a draft permit. The director or the	649
director's representative shall mail notice of the issuance of a	650
draft permit to the applicant and shall publish the notice once in	651
a newspaper of general circulation in the county in which the	652
concentrated animal feeding facility or discharger is located or	653
proposed to be located. The director shall mail notice of the	654
issuance of a draft permit and a copy of the draft permit to the	655
board of county commissioners of the county and the board of	656
township trustees of the township in which the concentrated animal	657
feeding facility or discharger is located or proposed to be	658
located. The director or the director's representative also shall	659
provide notice of the issuance of a draft NPDES permit to any	660
other persons that are entitled to notice under the Federal Water	661
Pollution Control Act. Notice of the issuance of a draft permit to	662
install, permit to operate, or NPDES permit shall include the	663
address where written comments concerning the draft permit may be	664
submitted and the period of time during which comments will be	665
accepted as established by rule.	666

If the director receives written comments in an amount that	667
demonstrates significant public interest, as defined by rule, in	668
the draft permit, the director shall schedule one public meeting	669
to provide information to the public and to hear comments	670
pertinent to the draft permit. The notice of the public meeting	671
shall be provided in the same manner as the notice of the issuance	672
of the draft permit.	673

(B) If a person is required to obtain both a permit to	674
install and a permit to operate, including any permit to operate	675
with NPDES provisions, and public meetings are required for both	676
permits, the public meetings for the permits shall be combined.	677

(C) The director shall apply the antidegradation policy	678
adopted under section 6111.12 of the Revised Code to permits	679
issued under this chapter to the same degree and under the same	680
circumstances as it applies to permits issued under Chapter 6111.	681
of the Revised Code. The director shall hold one public meeting to	682
consider antidegradation issues when such a meeting is required by	683
the antidegradation policy. When allowed by the antidegradation	684
policy, the director shall hold the public meeting on	685
antidegradation issues concurrently with any public meeting held	686
for the draft permit.	687

(D) The director or the director's representative shall	688
publish notice of the issuance of a final permit to install,	689
permit to operate, or NPDES permit once in a newspaper of general	690
circulation in the county in which the concentrated animal feeding	691
facility or discharger is located.	692

(E) Notice or a public meeting is not required for the	693
modification of a permit made with the consent of the permittee	694
for the correction of typographical errors.	695

(F) The denial, modification, suspension, or revocation of a	696
permit to install, permit to operate, or NPDES permit without the	697
consent of the applicant or permittee shall be preceded by a	698
proposed action stating the director's intention to issue an order	699
with respect to the permit and the reasons for it.	700

The director shall mail to the applicant or the permittee	701
notice of the director's proposed action to deny, modify, suspend,	702
or revoke a permit to install, permit to operate, or NPDES permit.	703
The director shall publish the notice once in a newspaper of	704
general circulation in the county in which the concentrated animal	705
feeding facility or concentrated animal feeding operation is	706
located or proposed to be located. The director shall mail a copy	707
of the notice of the proposed action to the board of county	708
commissioners of the county and to the board of township trustees	709
of the township in which the concentrated animal feeding facility	710
or concentrated animal feeding operation is located or proposed to	711
be located. The director also shall provide notice of the	712
director's proposed action to deny, modify, suspend, or revoke a	713
permit to install, permit to operate, or NPDES permit to any other	714
person that is entitled to notice under the Federal Water	715
Pollution Control Act. The notice of the director's proposed	716
action to deny, modify, suspend, or revoke a permit to install,	717
permit to operate, or NPDES permit shall include the address where	718
written comments concerning the director's proposed action may be	719
submitted and the period of time during which comments will be	720
accepted as established by rule. If the director receives written	721
comments in an amount that demonstrates significant public	722
interest, as defined by rule, the director shall schedule one	723
public meeting to provide information to the public and to hear	724
comments pertinent to the proposed action. The notice of the	725
public meeting shall be provided in the same manner as the notice	726
of the director's proposed action.	727

The director shall not issue an order that makes the proposed	728
action final until the applicant or permittee has had an	729
opportunity for an adjudication hearing in accordance with Chapter	730
119. of the Revised Code, except that section 119.12 of the	731
Revised Code does not apply. An order of the director that	732
finalizes the proposed action or an order issuing a permit without	733
a prior proposed action may be appealed to the environmental	734
review appeals commission under sections 3745.04 to 3745.06 of the	735
Revised Code.	736

(G)(1) The director shall issue an order issuing or denying	737
an application for a permit to operate that contains NPDES	738
provisions or for a NPDES permit, as well as any application for a	739
permit to install that is submitted simultaneously, not later than	740
one hundred eighty days after receiving the application.	741

(2) In the case of an application for a permit to install or	742
permit to operate that is not connected with an application for a	743
NPDES permit, the director shall issue or propose to deny the	744
permit not later than ninety days after receiving the application.	745
If the director has proposed to deny the permit to install or	746
permit to operate under division (G)(2) of this section, the	747
director shall issue an order denying the permit or, if the	748
director decides against the proposed denial, issuing the permit	749
not later than one hundred eighty days after receiving the	750
application. If the director denies the permit, the director shall	751
notify the applicant in writing of the reason for the denial.	752

(H) All rulemaking and the issuance of civil penalties under	753
this chapter shall comply with Chapter 119. of the Revised Code.	754

(I) Upon the transfer of ownership of an animal feeding	755
facility for which a permit to install, an installation permit, a	756
review compliance certificate, or a permit to operate that	757
contains no NPDES provisions has been issued, the permit or	758
certificate shall be transferred to the new owner of the animal	759
feeding facility except as provided in division (C) of section	760
903.05 of the Revised Code. In the case of the transfer of	761
ownership of a point source for which a NPDES permit or a permit	762
to operate that contains NPDES provisions has been issued, the	763
permit shall be transferred in accordance with rules.	764

(J) Applications for installation permits for animal feeding	765
facilities pending before the director of environmental protection	766
on the date on which the director of agriculture has finalized the	767
programs required under division (A)(1) of section 903.02 and	768
division (A)(1) of section 903.03 of the Revised Code shall be	769
transferred to the director of agriculture. In the case of an	770
applicant who is required to obtain a permit to install and a	771
permit to operate under sections 903.02 and 903.03, respectively,	772
of the Revised Code, the director of agriculture shall process the	773
pending application for an installation permit as an application	774
for a permit to install and a permit to operate.	775

(K) Applications for NPDES permits for either of the	776
following that are pending before the director of environmental	777
protection on the date on which the United States environmental	778
protection agency approves the NPDES program submitted by the	779
director of agriculture under section 903.08 of the Revised Code	780
shall be transferred to the director of agriculture:	781

(1) The discharge of pollutants from a concentrated animal	782
feeding operation;	783

(2) The discharge of storm water resulting from an animal	784
feeding facility.	785

In the case of an applicant who is required to obtain a NPDES	786
permit under section 903.08 of the Revised Code, the director of	787
agriculture shall process the pending application as an	788
application for a NPDES permit under that section.	789

Sec. 903.10.  The director of agriculture may adopt rules in	790
accordance with Chapter 119. of the Revised Code that do all of	791
the following:	792

(A) Establish all of the following concerning permits to	793
install and permits to operate:	794

(1) A description of what constitutes a modification of a	795
concentrated animal feeding facility;	796

(2) A description of what constitutes a major operational	797
change at a concentrated animal feeding facility;	798

(3) The amount of the fee that must be submitted with each	799
permit application and each application for a permit modification;	800

(4) Information that must be included in the designs and	801
plans required to be submitted with an application for a permit to	802
install and criteria for approving, disapproving, or requiring	803
modification of the designs and plans;	804

(5) Information that must be included in a manure management	805
plan required to be submitted with an application for a permit to	806
operate;	807

(6) Information that must be included in an application for	808
the modification of an installation permit, a permit to install,	809
or a permit to operate;	810

(7) Information that must be included in an application for	811
approval of a major operational change at a concentrated animal	812
feeding facility;	813

(8) Any additional information that must be included with a	814
permit application;	815

(9) Procedures for the issuance, denial, modification,	816
transfer, suspension, and revocation of permits to install and	817
permits to operate, including general permits;	818

(10) Procedures for the approval or denial of an application	819
for approval of a major operational change at a concentrated	820
animal feeding facility;	821

(11) Grounds for the denial, modification, suspension, or	822
revocation of permits to install and permits to operate in	823
addition to the grounds established in division (D) of section	824
903.02 and division (D) of section 903.03 of the Revised Code;	825

(12) Grounds for the denial of an application for approval of	826
a major operational change at a concentrated animal feeding	827
facility;	828

(13) A requirement that a person that is required to obtain	829
both a permit to install and a permit to operate submit	830
applications for those permits simultaneously;	831

(14) A definition of "general permit to operate" that	832
establishes categories of concentrated animal feeding facilities	833
to be covered under such a permit and a definition of "individual	834
permit to operate" together with the criteria for issuing a	835
general permit to operate and the criteria for determining a	836
person's eligibility to operate under a general permit to operate.	837

(B) Establish all of the following for the purposes of review	838
compliance certificates issued under section 903.04 of the Revised	839
Code:	840

(1) The form of a certificate;

841

(2) Criteria for what constitutes a significant capital	842
expenditure under division (D) of that section;	843

(3) Deadlines and procedures for submitting information under	844
division (E)(2) of that section.	845

(C) Establish best management practices that minimize water	846
pollution, odors, insects, and rodents, that govern the land	847
application of manure that originated at a concentrated animal	848
feeding facility, and that govern all of the following activities	849
that occur at a concentrated animal feeding facility:	850

(1) Manure management, including the storage, handling,	851
transportation, and land application of manure. Rules adopted	852
under division (C)(B)(1) of this section shall include practices	853
that prevent surface and ground water contamination caused by the	854
storage of manure or the land application of manure and prevent	855
the contamination of water in drainage tiles that may be caused by	856
that application.	857

(2) Disposal of dead livestock;

858

(3) Production of biodiesel, biomass energy, electric or heat	859
energy, and biologically derived methane gas as those terms are	860
defined in section 5713.30 of the Revised Code;	861

(4) Any other activity that the director considers	862
appropriate.	863

Best management practices established in rules adopted under	864
division (C)(B) of this section shall not conflict with best	865
management practices established in rules that have been adopted	866
under any other section of the Revised Code. The rules adopted	867
under division (C)(B) of this section shall establish guidelines	868
that require owners or operators of concentrated animal feeding	869
facilities to consult with and work with local officials,	870
including boards of county commissioners and boards of township	871
trustees, in addressing issues related to local government	872
infrastructure needs and the financing of that infrastructure.	873

(D)(C) Establish all of the following concerning insect and	874
rodent control plans required under section 903.06 of the Revised	875
Code:	876

(1) The information to be included in an insect and rodent	877
control plan;	878

(2) Criteria for approving, disapproving, or requiring	879
modification of an insect and rodent control plan;	880

(3) Criteria for determining compliance with or violation of	881
an insect and rodent control plan;	882

(4) Procedures and standards for monitoring insect and rodent	883
control plans;	884

(5) Procedures and standards for enforcing insect and rodent	885
control plans at concentrated animal feeding facilities at which	886
insects or rodents constitute a nuisance or adversely affect	887
public health;	888

(6) The amount of civil penalties for violation of an insect	889
and rodent control plan assessed by the director of agriculture	890
under division (B) of section 903.16 of the Revised Code, provided	891
that the rules adopted under division (D)(C)(6) of this section	892
shall not establish a civil penalty of more than ten thousand	893
dollars for a violation involving a concentrated animal feeding	894
facility that is not a major concentrated animal feeding facility	895
and shall not establish a civil penalty of more than twenty-five	896
thousand dollars for a violation involving a major concentrated	897
animal feeding facility;	898

(7) The time period within which the director must approve or	899
deny an insect and rodent control plan after receiving it;	900

(8) Any other provisions necessary to administer and enforce	901
section 903.12 of the Revised Code.	902

(E)(D) Establish all of the following concerning livestock	903
manager certifications required under section 903.07 of the	904
Revised Code:	905

(1) The information to be included in an application for a	906
livestock manager certification and the amount of the application	907
fee;	908

(2) The content of the training required to be completed and	909
of the examination required to be passed by an applicant for a	910
livestock manager certification. The training shall include and	911
the examination shall test the applicant's knowledge of	912
information on topics that include calculating nutrient values in	913
manure, devising and implementing a plan for the land application	914
of manure, removing manure held in a manure storage or treatment	915
facility, and following best management practices established in	916
rules for disposal of dead animals and manure management,	917
including practices that control odor and protect the environment.	918
The director may specify other types of recognized training	919
programs that, if completed, are considered to satisfy the	920
training and examination requirement.	921

(3) Criteria and procedures for the issuance, denial,	922
suspension, revocation, or reinstatement of a livestock manager	923
certification;	924

(4) The length of time during which livestock manager	925
certifications will be valid and procedures for their renewal;	926

(5) The volume of manure that must be transported and land	927
applied annually or the volume of manure that must be bought,	928
sold, or land applied annually by a person in order for the person	929
to be required to obtain a livestock manager certification under	930
division (A)(2) of section 903.07 of the Revised Code;	931

(6) Requirements governing the management and handling of	932
manure, including the land application of manure;	933

(7) Requirements governing the keeping of records regarding	934
the handling of manure, including the land application of manure;	935

(8) Any other provisions necessary to administer and enforce	936
section 903.07 of the Revised Code.	937

(F)(E) Establish all of the following concerning NPDES	938
permits:	939

(1) The designation of concentrated animal feeding operations	940
that are subject to NPDES permit requirements under section 903.08	941
of the Revised Code;	942

(2) Effluent limitations governing discharges into waters of	943
the state that are authorized by permits;	944

(3) Variances from effluent limitations and other permit	945
requirements to the extent that the variances are consistent with	946
the Federal Water Pollution Control Act;	947

(4) Terms and conditions to be included in a permit,	948
including, as applicable, best management practices; installation	949
of discharge or water quality monitoring methods or equipment;	950
creation and retention of records; submission of periodic reports;	951
schedules of compliance; net volume, net weight, and, where	952
necessary, concentration and mass loading limits of manure that	953
may be discharged into waters of the state; and authorized	954
duration and frequency of any discharges into waters of the state;	955

(5) Procedures for the submission of applications for permits	956
and notices of intent to be covered by general permits, including	957
information that must be included in the applications and notices;	958

(6) The amount of the fee that must be submitted with an	959
application for a permit;	960

(7) Procedures for processing permit applications, including	961
public notice and participation requirements;	962

(8) Procedures for notifying the United States environmental	963
protection agency of the submission of permit applications, the	964
director's action on those applications, and any other reasonable	965
and relevant information;	966

(9) Procedures for notifying and receiving and responding to	967
recommendations from other states whose waters may be affected by	968
the issuance of a permit;	969

(10) Procedures for the transfer of permits to new owners or	970
operators;	971

(11) Grounds and procedures for the issuance, denial,	972
modification, suspension, or revocation of permits, including	973
general permits;	974

(12) A definition of "general NPDES permit" that establishes	975
categories of point sources to be covered under such a permit and	976
a definition of "individual NPDES permit" together with the	977
criteria for issuing a general NPDES permit and the criteria for	978
determining a person's eligibility to discharge under a general	979
NPDES permit.	980

The rules adopted under division (F)(E) of this section shall	981
be consistent with the requirements of the Federal Water Pollution	982
Control Act.	983

(G)(F) Establish public notice and participation	984
requirements, in addition to the procedures established in rules	985
adopted under division (F)(E)(7) of this section, for the	986
issuance, denial, modification, transfer, suspension, and	987
revocation of permits to install, permits to operate, and NPDES	988
permits consistent with section 903.09 of the Revised Code,	989
including a definition of what constitutes significant public	990
interest for the purposes of divisions (A) and (F) of section	991
903.09 of the Revised Code and procedures for public meetings. The	992
rules shall require that information that is presented at such a	993
public meeting be limited to the criteria that are applicable to	994
the permit application that is the subject of the public meeting.	995

(H)(G) Establish the amount of civil penalties assessed by	996
the director of agriculture under division (B) of section 903.16	997
of the Revised Code for violation of the terms and conditions of a	998
permit to install,or permit to operate, or review compliance	999
certificate, provided that the rules adopted under this division	1000
shall not establish a civil penalty of more than ten thousand	1001
dollars per day for each violation;	1002

(I)(H) Establish procedures for the protection of trade	1003
secrets from public disclosure. The procedures shall authorize the	1004
release of trade secrets to officers, employees, or authorized	1005
representatives of the state, another state, or the United States	1006
when necessary for an enforcement action brought under this	1007
chapter or when otherwise required by the Federal Water Pollution	1008
Control Act. The rules shall require at least ten days' written	1009
notice to the person to whom a trade secret applies prior to the	1010
release of the trade secret. Rules adopted under this division do	1011
not apply to any information that is contained in applications,	1012
including attachments, for NPDES permits and that is required to	1013
be submitted under section 903.08 of the Revised Code or rules	1014
adopted under division (F)(E) of this section.	1015

(J)(I) Establish any other provisions necessary to administer	1016
and enforce this chapter.	1017

Sec. 903.11.  (A) The director of agriculture may enter into	1018
contracts or agreements to carry out the purposes of this chapter	1019
with any public or private person, including OSU extension, the	1020
natural resources conservation service in the United States	1021
department of agriculture, the environmental protection agency,	1022
the division of soil and water resources in the department of	1023
natural resources, and soil and water conservation districts	1024
established under Chapter 1515. of the Revised Code. However, the	1025
director shall not enter into a contract or agreement with a	1026
private person for the review of applications for permits to	1027
install, permits to operate, or NPDES permits, or review	1028
compliance certificates that are issued under this chapter or for	1029
the inspection of a facility regulated under this chapter or with	1030
any person for the issuance of any of those permits or	1031
certificates or for the enforcement of this chapter and rules	1032
adopted under it.	1033

(B) The director may administer grants and loans using moneys	1034
from the federal government and other sources, public or private,	1035
for carrying out any of the director's functions. Nothing in this	1036
chapter shall be construed to limit the eligibility of owners or	1037
operators of animal feeding facilities or other agricultural	1038
enterprises to receive moneys from the water pollution control	1039
loan fund established under section 6111.036 of the Revised Code	1040
and the nonpoint source pollution management fund established	1041
under section 6111.037 of the Revised Code.	1042

The director of agriculture shall provide the director of	1043
environmental protection with written recommendations for	1044
providing financial assistance from those funds to agricultural	1045
enterprises. The director of environmental protection shall	1046
consider the recommendations in developing priorities for	1047
providing financial assistance from the funds.	1048

Sec. 903.12.  (A) The director of agriculture or the	1049
director's authorized representative at reasonable times may enter	1050
on any public or private property, real or personal, to make	1051
investigations and inspections, including the sampling of	1052
discharges and the inspection of discharge monitoring equipment,	1053
or to otherwise execute duties that are necessary for the	1054
administration and enforcement of this chapter. The director or	1055
the director's authorized representative at reasonable times may	1056
examine and copy any records pertaining to discharges that are	1057
subject to this chapter or any records that are required to be	1058
maintained by the terms and conditions of a permit or review	1059
compliance certificate issued under this chapter. If refused	1060
entry, the director or the director's authorized representative	1061
may apply for and the court of common pleas having jurisdiction	1062
may issue an appropriate warrant.	1063

(B) No person to whom a permit or review compliance	1064
certificate has been issued under this chapter shall refuse entry	1065
to the director or the director's authorized representative or	1066
purposely hinder or thwart the director or the director's	1067
authorized representative in the exercise of any authority granted	1068
under division (A) of this section.	1069

Sec. 903.13.  In a private civil action for an alleged	1070
nuisance related to agricultural activities conducted at a	1071
concentrated animal feeding facility, it is an affirmative defense	1072
if the person owning, operating, or otherwise responsible for the	1073
concentrated animal feeding facility is in compliance with best	1074
management practices established in the installation permit,or	1075
permit to operate, or review compliance certificate issued for the	1076
concentrated animal feeding facility and the agricultural	1077
activities do not violate federal, state, and local laws governing	1078
nuisances.	1079

Sec. 903.16.  (A) The director of agriculture may propose to	1080
require corrective actions and assess a civil penalty against an	1081
owner or operator of a concentrated animal feeding facility if the	1082
director or the director's authorized representative determines	1083
that the owner or operator is not in compliance with section	1084
903.02,or 903.03, or 903.04 or division (A) of section 903.07 of	1085
the Revised Code, the terms and conditions of a permit to install,	1086
or permit to operate, or review compliance certificate issued for	1087
the concentrated animal feeding facility, including the	1088
requirements established under division (C) of section 903.06 of	1089
the Revised Code, or rules adopted under division (A), (B), (C),	1090
(D), (E), or (J)(I) of section 903.10 of the Revised Code.	1091
However, the director may impose a civil penalty only if all of	1092
the following occur:	1093

(1) The owner or operator is notified in writing of the	1094
deficiencies resulting in noncompliance, the actions that the	1095
owner or operator must take to correct the deficiencies, and the	1096
time period within which the owner or operator must correct the	1097
deficiencies and attain compliance.	1098

(2) After the time period specified in the notice has	1099
elapsed, the director or the director's duly authorized	1100
representative has inspected the concentrated animal feeding	1101
facility, determined that the owner or operator is still not in	1102
compliance, and issued a notice of an adjudication hearing.	1103

(3) The director affords the owner or operator an opportunity	1104
for an adjudication hearing under Chapter 119. of the Revised Code	1105
to challenge the director's determination that the owner or	1106
operator is not in compliance or the imposition of the civil	1107
penalty, or both. However, the owner or operator may waive the	1108
right to an adjudication hearing.	1109

(B) If the opportunity for an adjudication hearing is waived	1110
or if, after an adjudication hearing, the director determines that	1111
a violation has occurred or is occurring, the director may issue	1112
an order requiring compliance and assess the civil penalty. The	1113
order and the assessment of the civil penalty may be appealed in	1114
accordance with section 119.12 of the Revised Code.	1115

Civil penalties shall be assessed under this division as	1116
follows:	1117

(1) A person who has violated section 903.02,or 903.03, or	1118
903.04 of the Revised Code, the terms and conditions of a permit	1119
to install,or permit to operate, or review compliance	1120
certificate, or rules adopted under division (A), (B), (C), (D),	1121
(E), or (J)(I) of section 903.10 of the Revised Code shall pay a	1122
civil penalty in an amount established in rules unless the	1123
violation is of the requirements established under division (C) of	1124
section 903.06 or division (A) of section 903.07 of the Revised	1125
Code.	1126

(2) A person who has violated the requirements established	1127
under division (C) of section 903.06 of the Revised Code shall pay	1128
a civil penalty in an amount established in rules for each	1129
violation. Each seven-day period during which a violation	1130
continues constitutes a separate violation.	1131

(3) A person who has violated the requirements established	1132
under division (A) of section 903.07 of the Revised Code shall pay	1133
a civil penalty of not more than ten thousand dollars for each	1134
violation. Each thirty-day period during which a violation	1135
continues constitutes a separate violation.	1136

(C) The attorney general, upon the written request of the	1137
director, shall bring an action for an injunction in any court of	1138
competent jurisdiction against any person violating or threatening	1139
to violate section 903.02,or 903.03, or 903.04 or division (A) of	1140
section 903.07 of the Revised Code; the terms and conditions of a	1141
permit to install,or permit to operate, or review compliance	1142
certificate, including the requirements established under division	1143
(C) of section 903.06 of the Revised Code; rules adopted under	1144
division (A), (B), (C), (D), (E), or (J)(I) of section 903.10 of	1145
the Revised Code; or an order issued under division (B) of this	1146
section or division (B) of section 903.07 of the Revised Code.	1147

(D)(1) In lieu of seeking civil penalties under division (A)	1148
of this section, the director may request the attorney general, in	1149
writing, to bring an action for a civil penalty in a court of	1150
competent jurisdiction against any person that has violated or is	1151
violating division (A) of section 903.07 of the Revised Code or	1152
the terms and conditions of a permit to install,or permit to	1153
operate, or review compliance certificate, including the	1154
requirements established under division (C) of section 903.06 of	1155
the Revised Code.	1156

(2) The director may request the attorney general, in	1157
writing, to bring an action for a civil penalty in a court of	1158
competent jurisdiction against any person that has violated or is	1159
violating section 903.02,or 903.03, or 903.04 of the Revised	1160
Code, rules adopted under division (A), (B), (C), (D), (E), or	1161
(J)(I) of section 903.10 of the Revised Code, or an order issued	1162
under division (B) of this section or division (B) of section	1163
903.07 of the Revised Code.	1164

(3) A person who has committed a violation for which the	1165
attorney general may bring an action for a civil penalty under	1166
division (D)(1) or (2) of this section shall pay a civil penalty	1167
of not more than ten thousand dollars per violation. Each day that	1168
a violation continues constitutes a separate violation.	1169

(E) In addition to any other penalties imposed under this	1170
section, the director may impose an administrative penalty against	1171
an owner or operator of a concentrated animal feeding facility if	1172
the director or the director's authorized representative	1173
determines that the owner or operator is not in compliance with	1174
best management practices that are established in rules adopted	1175
under division (B) or (C) or (D) of section 903.10 of the Revised	1176
Code or in the permit to install,or permit to operate, or review	1177
compliance certificate issued for the facility. The administrative	1178
penalty shall not exceed five thousand dollars.	1179

The director shall afford the owner or operator an	1180
opportunity for an adjudication hearing under Chapter 119. of the	1181
Revised Code to challenge the director's determination under this	1182
division, the director's imposition of an administrative penalty	1183
under this division, or both. The director's determination and the	1184
imposition of the administrative penalty may be appealed in	1185
accordance with section 119.12 of the Revised Code.	1186

Sec. 903.17.  (A) The director of agriculture may propose to	1187
require corrective actions and assess a civil penalty against an	1188
owner or operator of an animal feeding operation if the director	1189
or the director's authorized representative determines that the	1190
owner or operator is not in compliance with section 903.08 of the	1191
Revised Code, the terms and conditions of a NPDES permit, the	1192
NPDES provisions of a permit to operate, or rules adopted under	1193
division (F)(E) of section 903.10 of the Revised Code. However,	1194
the director may impose a civil penalty only if all of the	1195
following occur:	1196

(1) The owner or operator is notified in writing of the	1197
deficiencies resulting in noncompliance, the actions that the	1198
owner or operator must take to correct the deficiencies, and the	1199
time period within which the owner or operator must correct the	1200
deficiencies and attain compliance.	1201

(2) After the time period specified in the notice has	1202
elapsed, the director or the director's duly authorized	1203
representative has inspected the animal feeding operation,	1204
determined that the owner or operator is still not in compliance,	1205
and issued a notice of violation to require corrective actions.	1206

(3) The director affords the owner or operator an opportunity	1207
for an adjudication hearing under Chapter 119. of the Revised Code	1208
to challenge the director's determination that the owner or	1209
operator is not in compliance or the imposition of the civil	1210
penalty, or both. However, the owner or operator may waive the	1211
right to an adjudication hearing.	1212

(B) If the opportunity for an adjudication hearing is waived	1213
or if, after an adjudication hearing, the director determines that	1214
a violation has occurred or is occurring, the director may issue	1215
an order and assess a civil penalty of not more than ten thousand	1216
dollars per violation against the violator. For purposes of	1217
determining the civil penalty, each day that a violation continues	1218
constitutes a separate and distinct violation. The order and the	1219
assessment of the civil penalty may be appealed in accordance with	1220
section 119.12 of the Revised Code.	1221

(C) To the extent consistent with the Federal Water Pollution	1222
Control Act, the director shall consider technical feasibility and	1223
economic costs in issuing orders under this section.	1224

(D)(1) The attorney general, upon the written request of the	1225
director, shall bring an action for an injunction in any court of	1226
competent jurisdiction against any person violating or threatening	1227
to violate section 903.08 of the Revised Code, the terms and	1228
conditions of a NPDES permit, the NPDES provisions of a permit to	1229
operate, rules adopted under division (F)(E) of section 903.10 of	1230
the Revised Code, or an order issued under division (B) of this	1231
section.	1232

(2) In lieu of seeking civil penalties under division (A) of	1233
this section, the director may request, in writing, the attorney	1234
general to bring an action for a civil penalty of not more than	1235
ten thousand dollars per violation in a court of competent	1236
jurisdiction against any person that has violated or is violating	1237
section 903.08 of the Revised Code, the terms and conditions of a	1238
NPDES permit, the NPDES provisions of a permit to operate, rules	1239
adopted under division (F)(E) of section 903.10 of the Revised	1240
Code, or an order issued under division (B) of this section. For	1241
purposes of determining the civil penalty to be assessed under	1242
division (B) of this section, each day that a violation continues	1243
constitutes a separate and distinct violation.	1244

(E) In addition to any other penalties imposed under this	1245
section, the director may impose an administrative penalty against	1246
an owner or operator of an animal feeding operation if the	1247
director or the director's authorized representative determines	1248
that the owner or operator has discharged pollutants into waters	1249
of the state in violation of section 903.08 of the Revised Code or	1250
the terms and conditions of a NPDES permit or the NPDES provisions	1251
of the permit to operate issued for the operation. The	1252
administrative penalty shall not exceed five thousand dollars.	1253

The director shall afford the owner or operator an	1254
opportunity for an adjudication hearing under Chapter 119. of the	1255
Revised Code to challenge the director's determination under this	1256
division, the director's imposition of an administrative penalty	1257
under this division, or both. The director's determination and the	1258
imposition of the administrative penalty may be appealed in	1259
accordance with section 119.12 of the Revised Code.	1260

Sec. 903.25. An owner or operator of an animal feeding	1261
facility who holds a permit to install, a permit to operate, a	1262
review compliance certificate, or a NPDES permit or who is	1263
operating under an operation anda nutrient management plan, as	1264
defined in section 1511.01939.01 of the Revised Code, approved by	1265
the chief of the division of soil and water resources in the	1266
department of natural resourcesdirector of agriculture or the	1267
director's designee under section 1511.02939.02 of the Revised	1268
Code or by the supervisors of the appropriate soil and water	1269
conservation district under section 1515.08 of the Revised Code	1270
shall not be required by any political subdivision of the state or	1271
any officer, employee, agency, board, commission, department, or	1272
other instrumentality of a political subdivision to obtain a	1273
license, permit, or other approval pertaining to manure, insects	1274
or rodents, odor, or siting requirements for installation of an	1275
animal feeding facility.	1276

Sec. 939.01.  As used in this chapter:

1277

(A) "Conservation" means the wise use and management of	1278
natural resources.	1279

(B) "Pollution abatement practice" means any residual farm	1280
products or manure pollution abatement facility, structure, or	1281
procedure and the operation and management associated with it as	1282
contained in nutrient management plans.	1283

(C) "Agricultural pollution" means failure to use management	1284
or conservation practices in farming operations to abate the	1285
degradation of the waters of the state by residual farm products	1286
or manure, including attached substances.	1287

(D) "Waters of the state" means all streams, lakes, ponds,	1288
wetlands, watercourses, waterways, wells, springs, irrigation	1289
systems, drainage systems, and all other bodies or accumulations	1290
of water, surface and underground, natural or artificial,	1291
regardless of the depth of the strata in which underground water	1292
is located, that are situated wholly or partly within, or border	1293
on, this state or are within its jurisdiction, except those	1294
private waters that do not combine or effect a junction with	1295
natural surface or underground waters.	1296

(E) "Nutrient management plan" means a written record,	1297
developed or approved by the director of agriculture, the	1298
director's designee, or the board of supervisors of a soil and	1299
water conservation district, for the owner or operator of	1300
agricultural land or an animal feeding operation that contains	1301
both of the following:	1302

(1) Implementation schedules and operational procedures for a	1303
level of management and pollution abatement practices that will	1304
abate the degradation of the waters of the state by residual farm	1305
products and manure, including attached pollutants;	1306

(2) Best management practices that are to be used by the	1307
owner or operator.	1308

(F) "Residual farm products" means bedding, wash waters,	1309
waste feed, and silage drainage. "Residual farm products" also	1310
includes the compost products resulting from the composting of	1311
dead animals in operations subject to section 939.04 of the	1312
Revised Code when either of the following applies:	1313

(1) The composting is conducted by the person who raises the	1314
animals and the compost product is used in agricultural operations	1315
owned or operated by that person regardless of whether the person	1316
owns the animals.	1317

(2) The composting is conducted by the person who owns the	1318
animals, but does not raise them and the compost product is used	1319
in agricultural operations either by a person who raises the	1320
animals or by a person who raises grain that is used to feed them	1321
and that is supplied by the owner of the animals.	1322

(G) "Composting" means the controlled decomposition of	1323
organic solid material consisting of dead animals that stabilizes	1324
the organic fraction of the material.	1325

(H) "Manure" means animal excreta.

1326

(I) "Animal feeding operation" means the production area, as	1327
defined in section 903.01 of the Revised Code, of an agricultural	1328
operation where agricultural animals are kept and raised in	1329
confined areas. "Animal feeding operation" does not include a	1330
facility that possesses a permit issued under Chapter 903. or	1331
division (J) of section 6111.03 of the Revised Code.	1332

(J) "Soil and water conservation district" has the same	1333
meaning as in section 1515.01 of the Revised Code.	1334

(K) "Ohio soil and water conservation commission" means the	1335
Ohio soil and water conservation commission established in section	1336
1515.02 of the Revised Code.	1337

(L) "Best management practices" means practices or a	1338
combination of practices that are determined to be the most	1339
effective and practicable means of preventing or reducing	1340
agricultural pollution sources to a level compatible with the	1341
attainment of applicable water quality standards. "Best management	1342
practices" includes structural and nonstructural practices,	1343
conservation practices, and operation and maintenance procedures.	1344

Sec. 939.02.  The director of agriculture shall do all of the	1345
following:	1346

(A) Administer this chapter and those provisions of Chapter	1347
1515. of the Revised Code pertaining to state responsibilities and	1348
provide staff assistance to the Ohio soil and water conservation	1349
commission in exercising its statutory responsibilities pertaining	1350
to agricultural pollution;	1351

(B) Coordinate the development and implementation of	1352
cooperative programs and working agreements between soil and water	1353
conservation districts and the department of agriculture or other	1354
agencies of local, state, and federal government;	1355

(C) Adopt rules in accordance with Chapter 119. of the	1356
Revised Code that do or comply with all of the following:	1357

(1) Establish technically feasible and economically	1358
reasonable standards to achieve a level of management and	1359
conservation practices in farming operations that will abate the	1360
degradation of the waters of the state by residual farm products	1361
or manure, including attached substances, and establish criteria	1362
for determination of the acceptability of such management and	1363
conservation practices;	1364

(2) Establish procedures for the administration of rules	1365
regarding agricultural pollution abatement and for enforcement of	1366
those rules;	1367

(3) Specify the agricultural pollution abatement practices	1368
eligible for state cost sharing and determine the conditions for	1369
eligibility, the construction standards and specifications, the	1370
useful life, the maintenance requirements, and the limits of cost	1371
sharing for those practices. Eligible practices shall be limited	1372
to practices that address agricultural operations and that require	1373
expenditures that are likely to exceed the economic returns to the	1374
owner or operator and that abate degradation of the waters of the	1375
state by residual farm products or manure, including attached	1376
pollutants.	1377

(4) Establish procedures for administering grants to owners	1378
or operators of agricultural land or animal feeding operations for	1379
the implementation of nutrient management plans;	1380

(5) Do both of the following with regard to composting	1381
conducted in conjunction with agricultural operations:	1382

(a) Establish methods, techniques, or practices for	1383
composting dead animals, or particular types of dead animals, that	1384
are to be used at such operations, as the director considers to be	1385
necessary or appropriate;	1386

(b) Establish requirements and procedures governing the	1387
review and approval or disapproval of composting plans by the	1388
supervisors of soil and water conservation districts under	1389
division (T) of section 1515.08 of the Revised Code.	1390

(6) Establish best management practices for inclusion in	1391
nutrient management plans;	1392

(7) Establish the amount of civil penalties assessed by the	1393
director under division (B) of section 939.09 of the Revised Code	1394
for violation of rules adopted under division (C) of this section;	1395

(8) Be adopted after the director does all of the following:

1396

(a) Mails notice to each statewide organization that the	1397
director determines represents persons or local governmental	1398
agencies that would be affected by a proposed rule at least	1399
thirty-five days before any public hearing on the proposed rule;	1400

(b) Mails a copy of each proposed rule to any person who	1401
requests a copy within five days after receipt of the request;	1402

(c) Consults with appropriate state and local governmental	1403
agencies or their representatives, including statewide	1404
organizations of local governmental officials, industrial	1405
representatives, and other interested persons;	1406

(d) If the rule is adopted under division (C)(1) of this	1407
section, develops an economic impact statement concerning the	1408
effect of the proposed rule.	1409

(9) Not conflict with air or water quality standards adopted	1410
pursuant to section 3704.03 or 6111.041 of the Revised Code.	1411
Compliance with rules adopted under this section does not affect	1412
liability for noncompliance with air or water quality standards	1413
adopted pursuant to section 3704.03 or 6111.041 of the Revised	1414
Code.	1415

(D) Cost share with landowners on practices established in	1416
rules adopted under division (C)(3) of this section as moneys are	1417
appropriated and available for that purpose. A practice for which	1418
cost share is provided shall be maintained for its useful life.	1419
Failure to maintain a cost share practice for its useful life	1420
subjects the landowner to full repayment to the department.	1421

(E) Employ field assistants and other employees that are	1422
necessary for the performance of the work prescribed by Chapter	1423
1515. of the Revised Code pertaining to agricultural pollution,	1424
for performance of the work of the department under this chapter,	1425
and as agreed to in working agreements or contractual arrangements	1426
with soil and water conservation districts, prescribe their	1427
duties, and fix their compensation in accordance with schedules	1428
that are provided by law for the compensation of state employees.	1429
All such employees of the department, unless specifically exempted	1430
by law, shall be employed subject to the classified civil service	1431
laws in force at the time of employment.	1432

(F) When necessary for the purposes of this chapter or the	1433
provisions of Chapter 1515. of the Revised Code pertaining to	1434
agricultural pollution, develop or approve nutrient management	1435
plans. The director may designate an employee of the department to	1436
develop or approve nutrient management plans in lieu of the	1437
director.	1438

This section does not restrict the manure of domestic or farm	1439
animals defecated on land outside an animal feeding operation or	1440
runoff from that land into the waters of the state.	1441

Sec. 939.03.  (A) A person who owns or operates agricultural	1442
land or an animal feeding operation may develop and operate under	1443
a nutrient management plan approved by the director of agriculture	1444
or the director's designee under section 939.02 of the Revised	1445
Code or by the supervisors of the applicable soil and water	1446
conservation district under section 1515.08 of the Revised Code.	1447

(B) A person who wishes to make a complaint regarding	1448
nuisances involving agricultural pollution may do so orally or by	1449
submitting a written, signed, and dated complaint to the director	1450
or to the director's designee. After receiving an oral complaint,	1451
the director or the director's designee may cause an investigation	1452
to be conducted to determine whether agricultural pollution has	1453
occurred or is imminent. After receiving a written, signed, and	1454
dated complaint, the director or the director's designee shall	1455
cause such an investigation to be conducted.	1456

(C) In a private civil action for nuisances involving	1457
agricultural pollution, it is an affirmative defense if the person	1458
owning, operating, or otherwise responsible for agricultural land	1459
or an animal feeding operation is operating under and in	1460
substantial compliance with an approved nutrient management plan	1461
developed under division (A) of this section, with a nutrient	1462
management plan developed by the director or the director's	1463
designee under section 939.02 of the Revised Code or by the	1464
supervisors of the applicable soil and water conservation district	1465
under section 1515.08 of the Revised Code, or with a nutrient	1466
management plan required under division (A)(2) of section 939.09	1467
of the Revised Code. Nothing in this section is in derogation of	1468
the authority granted to the director in division (C) of section	1469
939.02 and in section 939.09 of the Revised Code.	1470

Sec. 1511.022.        Sec. 939.04.  (A) Any person who owns or operates an	1471
agricultural operation, or owns the animals raised by the owner or	1472
operator of an agricultural operation, and who wishes to conduct	1473
composting of dead animals resulting from the agricultural	1474
operation shall do both of the following:	1475

(1) Participate in an educational course concerning	1476
composting conducted by OSU extension and obtain a certificate of	1477
completion for the course;	1478

(2) Use the appropriate method, technique, or practice of	1479
composting established in rules adopted under division	1480
(E)(8)(C)(5) of section 1511.02939.02 of the Revised Code.	1481

(B) Any person who fails to comply with division (A) of this	1482
section shall prepare and operate under a composting plan in	1483
accordance with an order issuedrequired by the chief of the	1484
division of soil and water resourcesdirector of agriculture under	1485
division (G)(A)(2) of section 1511.02939.09 of the Revised Code.	1486
If the person's proposed composting plan is disapproved by the	1487
board of supervisors of the appropriate soil and water	1488
conservation district under division (Q)(T)(3) of section 1515.08	1489
of the Revised Code, the person may appeal the plan disapproval to	1490
the chiefdirector, who shall afford the person a hearing.	1491
Following the hearing, the chiefdirector shall uphold the plan	1492
disapproval or reverse it. If the chiefdirector reverses the	1493
disapproval, the plan shall be deemed approved.	1494

Sec. 939.05.  (A) Except as provided in division (B) of this	1495
section, the director of agriculture, an employee of the	1496
department of agriculture, the supervisors of a soil and water	1497
conservation district, an employee of a district, and a contractor	1498
of the department or a district shall not disclose either of the	1499
following:	1500

(1) Information, including data from geographic information	1501
systems and global positioning systems, provided by a person who	1502
owns or operates agricultural land or an animal feeding operation	1503
and operates under a nutrient management plan;	1504

(2) Information gathered as a result of an inspection of	1505
agricultural land or an animal feeding operation to determine	1506
whether the person who owns or operates the land or operation is	1507
in compliance with a nutrient management plan.	1508

(B) The director or the supervisors of a district may release	1509
or disclose information specified in division (A)(1) or (2) of	1510
this section to a person or a federal, state, or local agency	1511
working in cooperation with the director or the supervisors in the	1512
development of a nutrient management plan or an inspection to	1513
determine compliance with such a plan if the director or	1514
supervisors determine that the person or federal, state, or local	1515
agency will not subsequently disclose the information to another	1516
person.	1517

Sec. 939.06.  The director of agriculture may enter into	1518
contracts or agreements with an agency of the United States	1519
government, or any other public or private agency or organization,	1520
for the performance of the duties of the department of agriculture	1521
under this chapter or for accomplishing cooperative projects	1522
within the scope of those duties.	1523

Sec. 939.07.  The director of agriculture may accept	1524
donations, grants, and contributions in money, service, or	1525
equipment to enhance or expedite the work of the department of	1526
agriculture under this chapter.	1527

Sec. 939.08.  The director of agriculture, subject to	1528
approval of the terms of the agreement by the Ohio soil and water	1529
conservation commission, shall enter into cooperative agreements	1530
with the board of supervisors of a soil and water conservation	1531
district desiring to enter into those agreements pursuant to	1532
section 1515.08 of the Revised Code. The agreements shall be	1533
entered into to obtain compliance with rules of the director	1534
pertaining to agricultural pollution abatement.	1535

The director or a person designated by the director may enter	1536
at reasonable times on private or public property to inspect and	1537
investigate conditions relating to agricultural pollution of the	1538
waters of the state. Upon refusal of entry, the director or the	1539
director's designee may apply for and a judge of the court of	1540
common pleas of the county where the land is located may issue an	1541
appropriate inspection warrant as necessary to achieve the	1542
purposes of this chapter.	1543

Sec. 939.09. (A)(1) The director of agriculture may propose	1544
to require corrective actions and assess a civil penalty against	1545
an owner or operator of agricultural land or an animal feeding	1546
operation if the director or the director's designee determines	1547
that the owner or operator is doing one of the following:	1548

(a) Not complying with a standard established in rules	1549
adopted under division (C)(1) of section 939.02 of the Revised	1550
Code;	1551

(b) Not operating in accordance with an approved nutrient	1552
management plan that is developed under division (A) of section	1553
939.03 of the Revised Code, with a nutrient management plan	1554
developed by the director or the director's designee under section	1555
939.02 of the Revised Code or by the supervisors of the applicable	1556
soil and water conservation district under section 1515.08 of the	1557
Revised Code, or with a nutrient management plan required by the	1558
director under division (A)(2) of this section;	1559

(c) Not complying with a standard established in rules	1560
adopted under division (C)(5)(a) of section 939.02 of the Revised	1561
Code;	1562

(d) Not operating in accordance with a composting plan that	1563
is approved in accordance with rules adopted under division	1564
(C)(5)(b) of section 939.02 of the Revised Code or required by the	1565
director under division (A)(2) of this section.	1566

(2) The director may include in the corrective actions a	1567
requirement that an owner or operator do one of the following:	1568

(a) Operate under a nutrient management plan approved by the	1569
director or the director's designee under section 939.02 of the	1570
Revised Code;	1571

(b) If the owner or operator has failed to operate in	1572
accordance with an existing nutrient management plan, operate in	1573
accordance with that plan;	1574

(c) Prepare a composting plan in accordance with rules	1575
adopted under division (C)(5)(b) of section 939.02 of the Revised	1576
Code and operate in accordance with that plan;	1577

(d) If the owner or operator has failed to operate in	1578
accordance with an existing composting plan, operate in accordance	1579
with that plan.	1580

(3) The director may impose a civil penalty only if all of	1581
the following occur:	1582

(a) The owner or operator is notified in writing of the	1583
deficiencies resulting in noncompliance, the actions that the	1584
owner or operator must take to correct the deficiencies, and the	1585
time period within which the owner or operator must correct the	1586
deficiencies and attain compliance.	1587

(b) After the time period specified in the notice has	1588
elapsed, the director or the director's designee has inspected the	1589
agricultural land or animal feeding operation, determined that the	1590
owner or operator is still not in compliance, and issued a notice	1591
of an adjudication hearing.	1592

(c) The director affords the owner or operator an opportunity	1593
for an adjudication hearing under Chapter 119. of the Revised Code	1594
to challenge the director's determination that the owner or	1595
operator is not in compliance or the imposition of the civil	1596
penalty, or both. However, the owner or operator may waive the	1597
right to an adjudication hearing.	1598

(4) If the opportunity for an adjudication hearing is waived	1599
or if, after an adjudication hearing, the director determines that	1600
noncompliance has occurred or is occurring, the director may issue	1601
an order requiring compliance and assess the civil penalty. The	1602
order and the assessment of the civil penalty may be appealed in	1603
accordance with section 119.12 of the Revised Code.	1604

(5) A person who has violated rules adopted under division	1605
(C) of section 939.02 of the Revised Code shall pay a civil	1606
penalty in an amount established in rules adopted under that	1607
section.	1608

(B) The attorney general, upon the written request of the	1609
director, shall bring an action for an injunction in any court of	1610
competent jurisdiction against any person violating or threatening	1611
to violate rules adopted under division (C) of section 939.02 of	1612
the Revised Code or an order issued under division (A)(4) of this	1613
section.	1614

(C)(1) In lieu of seeking civil penalties under division (A)	1615
of this section, the director may request the attorney general, in	1616
writing, to bring an action for a civil penalty in a court of	1617
competent jurisdiction against any person that has violated or is	1618
violating a rule adopted under division (C) of section 939.02 of	1619
the Revised Code.	1620

(2) A person who has committed a violation for which the	1621
attorney general may bring an action for a civil penalty under	1622
division (C)(1) of this section shall pay a civil penalty of not	1623
more than ten thousand dollars per violation. Each day that a	1624
violation continues constitutes a separate violation.	1625

(D) In addition to any other penalties imposed under this	1626
section, the director may impose an administrative penalty against	1627
an owner or operator of agricultural land or an animal feeding	1628
operation if the director or the director's designee determines	1629
that the owner or operator is not in compliance with best	1630
management practices that are established in rules adopted under	1631
division (C) of section 939.02 of the Revised Code. The	1632
administrative penalty shall not exceed five thousand dollars.	1633

The director shall afford the owner or operator an	1634
opportunity for an adjudication hearing under Chapter 119. of the	1635
Revised Code to challenge the director's determination under this	1636
division, the director's imposition of an administrative penalty	1637
under this division, or both. The director's determination and the	1638
imposition of the administrative penalty may be appealed in	1639
accordance with section 119.12 of the Revised Code.	1640

(E) Notwithstanding any other provision in this section, if	1641
the director determines that an emergency exists requiring	1642
immediate action to protect the public health or safety or the	1643
environment, the director may issue an order, without notice or	1644
adjudication hearing, stating the existence of the emergency and	1645
requiring that action be taken that is necessary to meet the	1646
emergency. The order shall take effect immediately. A person to	1647
whom the order is directed shall comply immediately, but on	1648
application to the director shall be afforded an adjudication	1649
hearing in accordance with Chapter 119. of the Revised Code as	1650
soon as possible and not later than thirty days after application.	1651
On the basis of the hearing, the director shall continue the order	1652
in effect, revoke it, or modify it. The director's order is	1653
appealable in accordance with section 119.12 of the Revised Code.	1654
No emergency order shall remain in effect for more than one	1655
hundred twenty days after its issuance.	1656

(F) A person that is responsible for causing or allowing the	1657
unauthorized spill, release, or discharge of manure or residual	1658
farm products that requires emergency action to protect public	1659
health or safety or the environment is liable to the director for	1660
the costs incurred in investigating, mitigating, minimizing,	1661
removing, or abating the spill, release, or discharge. Upon	1662
request of the director, the attorney general shall bring a civil	1663
action against the responsible person or persons to recover those	1664
costs.	1665

(G) Money recovered under division (F) of this section and	1666
money collected from civil penalties under this section shall be	1667
paid into the state treasury to the credit of the agricultural	1668
pollution abatement fund created in section 939.11 of the Revised	1669
Code.	1670

(H) As used in this section, "noncompliance" means doing one	1671
of the actions specified in division (A)(1) of this section.	1672

Sec. 939.10.  A person claiming to be deprived of a right or	1673
protection afforded the person by law by an action of the director	1674
of agriculture under this chapter, except the adoption of a rule,	1675
may appeal to the court of common pleas of Franklin county or the	1676
court of common pleas of the county in which the alleged violation	1677
exists.	1678

If the court finds that the action of the director appealed	1679
from was lawful and reasonable, it shall affirm the action. If the	1680
court finds that the action was unreasonable or unlawful, it shall	1681
vacate the action and order the action to be taken that it finds	1682
the director should have taken. The judgment of the court is final	1683
unless reversed, vacated, or modified on appeal.	1684

Sec. 939.11.  There is hereby created in the state treasury	1685
the agricultural pollution abatement fund, which shall be	1686
administered by the director of agriculture. The fund may be used	1687
to pay costs incurred by the department of agriculture under	1688
division (F) of section 939.09 of the Revised Code in	1689
investigating, mitigating, minimizing, removing, or abating any	1690
pollution of the waters of the state caused by agricultural	1691
pollution or an unauthorized release, spill, or discharge of	1692
manure or residual farm products into or on the environment that	1693
requires emergency action to protect the public health.	1694

Sec. 941.14.  (A) The owner shall burn the body of an animal	1695
that has died of, or been destroyed because of, a dangerously	1696
infectious or contagious disease, bury it not less than four feet	1697
under the surface of the ground, dissolve it by alkaline	1698
hydrolysis, remove it in a watertight tank to a rendering	1699
establishment, or otherwise dispose of it in accordance with	1700
section 939.04 or 953.26 or 1511.022 of the Revised Code within	1701
twenty-four hours after knowledge thereof or after notice in	1702
writing from the department of agriculture.	1703

(B) The owner of premises that contain a dead animal shall	1704
burn the body of the animal, bury it not less than four feet	1705
beneath the surface of the ground, dissolve it by alkaline	1706
hydrolysis, remove it in a watertight tank to a rendering	1707
establishment, or otherwise dispose of it in accordance with	1708
section 939.04 or 953.26 or 1511.022 of the Revised Code within a	1709
reasonable time after knowledge thereof or after notice in writing	1710
from the department or from the township trustees of the township	1711
in which the owner's premises are located.	1712

(C) Notwithstanding division (A) or (B) of this section, the	1713
director of agriculture, in written notice sent to the owner of a	1714
dead animal, may require the owner to employ a specific method of	1715
disposition of the body, including burning, burying, rendering,	1716
composting, or alkaline hydrolysis, when that method does not	1717
conflict with any law or rule governing the disposal of infectious	1718
wastes and, in the director's judgment, is necessary for purposes	1719
of animal disease control. No person shall fail to employ the	1720
method of disposition required under this division.	1721

(D) The director, in written notice sent to the owner of a	1722
dead animal, may prohibit the owner from transporting the body of	1723
the dead animal on any street or highway if that prohibition does	1724
not conflict with any law or rule governing the transportation of	1725
infectious wastes and, in the director's judgment, is necessary	1726
for purposes of animal disease control. No person shall fail to	1727
comply with a prohibition issued under this division.	1728

(E) As used in this section, "infectious wastes" has the same	1729
meaning as in section 3734.01 of the Revised Code, and "street" or	1730
"highway" has the same meaning as in section 4511.01 of the	1731
Revised Code.	1732

Sec. 953.22.  (A) No person shall engage in the business of	1733
disposing of, picking up, rendering, or collecting raw rendering	1734
material or transporting the material to a composting facility	1735
without a license to do so from the department of agriculture.	1736

(B) This chapter does not apply to any of the following:

1737

(1) A farmer who slaughters the farmer's own animals, raised	1738
by the farmer on the farmer's own farm, processes the farmer's own	1739
meat therefrom, and disposes of the farmer's raw rendering	1740
material only by delivery to a person licensed under section	1741
953.23 of the Revised Code;	1742

(2) A person whose only connection with raw rendering	1743
material is curing hides and skins;	1744

(3) A person whose only connection with raw rendering	1745
material is operating a pet cemetery;	1746

(4) A person who is conducting composting, as defined in	1747
section 1511.01939.01 of the Revised Code, in accordance with	1748
section 1511.022939.04 of the Revised Code;	1749

(5) A person whose only connection with raw rendering	1750
material is trapping wild animals in accordance with a nuisance	1751
wild animal permit issued by the chief of the division of wildlife	1752
in the department of natural resources under rules adopted	1753
pursuant to section 1531.08 of the Revised Code;	1754

(6) A county dog warden or animal control officer who	1755
transports raw rendering material only for disposal purposes.	1756

Sec. 1501.01. (A) Except where otherwise expressly provided,	1757
the director of natural resources shall formulate and institute	1758
all the policies and programs of the department of natural	1759
resources. The chief of any division of the department shall not	1760
enter into any contract, agreement, or understanding unless it is	1761
approved by the director. No appointee or employee of the	1762
director, other than the assistant director, may bind the director	1763
in a contract except when given general or special authority to do	1764
so by the director.	1765

The director may enter into contracts or agreements with any	1766
agency of the United States government, any other public agency,	1767
or any private entity or organization for the performance of the	1768
duties of the department.	1769

(B) The director shall correlate and coordinate the work and	1770
activities of the divisions in the department to eliminate	1771
unnecessary duplications of effort and overlapping of functions.	1772
The chiefs of the various divisions of the department shall meet	1773
with the director at least once each month at a time and place	1774
designated by the director.	1775

The director may create advisory boards to any of those	1776
divisions in conformity with section 121.13 of the Revised Code.	1777

(C) The director may accept and expend gifts, devises, and	1778
bequests of money, lands, and other properties on behalf of the	1779
department or any division thereof under the terms set forth in	1780
section 9.20 of the Revised Code. Any political subdivision of	1781
this state may make contributions to the department for the use of	1782
the department or any division therein according to the terms of	1783
the contribution.	1784

(D) The director may publish and sell or otherwise distribute	1785
data, reports, and information.	1786

(E) The director may identify and develop the geographic	1787
information system needs for the department, which may include,	1788
but not be limited to, all of the following:	1789

(1) Assisting in the training and education of department	1790
resource managers, administrators, and other staff in the	1791
application and use of geographic information system technology;	1792

(2) Providing technical support to the department in the	1793
design, preparation of data, and use of appropriate geographic	1794
information system applications in order to help solve resource	1795
related problems and to improve the effectiveness and efficiency	1796
of department delivered services;	1797

(3) Creating, maintaining, and documenting spatial digital	1798
data bases;	1799

(4) Providing information to and otherwise assisting	1800
government officials, planners, and resource managers in	1801
understanding land use planning and resource management;	1802

(5) Providing continuing assistance to local government	1803
officials and others in natural resource digital data base	1804
development and in applying and utilizing the geographic	1805
information system for land use planning, current agricultural use	1806
value assessment, development reviews, coastal management, and	1807
other resource management activities;	1808

(6) Coordinating and administering the remote sensing needs	1809
of the department, including the collection and analysis of aerial	1810
photography, satellite data, and other data pertaining to land,	1811
water, and other resources of the state;	1812

(7) Preparing and publishing maps and digital data relating	1813
to the state's land use and land cover over time on a local,	1814
regional, and statewide basis;	1815

(8) Locating and distributing hard copy maps, digital data,	1816
aerial photography, and other resource data and information to	1817
government agencies and the public;	1818

(9) Preparing special studies and executing any other related	1819
duties, functions, and responsibilities identified by the	1820
director;	1821

(10) Entering into contracts or agreements with any agency of	1822
the United States government, any other public agency, or any	1823
private agency or organization for the performance of the duties	1824
specified in division (E) of this section or for accomplishing	1825
cooperative projects within those duties;	1826

(11) Entering into agreements with local government agencies	1827
for the purposes of land use inventories, Ohio capability analysis	1828
data layers, and other duties related to resource management.	1829

(F) The director shall adopt rules in accordance with Chapter	1830
119. of the Revised Code to permit the department to accept by	1831
means of a credit card the payment of fees, charges, and rentals	1832
at those facilities described in section 1501.07 of the Revised	1833
Code that are operated by the department, for any data, reports,	1834
or information sold by the department, and for any other goods or	1835
services provided by the department.	1836

(G) Whenever authorized by the governor to do so, the	1837
director may appropriate property for the uses and purposes	1838
authorized to be performed by the department and on behalf of any	1839
division within the department. This authority shall be exercised	1840
in the manner provided in sections 163.01 to 163.22 of the Revised	1841
Code for the appropriation of property by the director of	1842
administrative services. This authority to appropriate property is	1843
in addition to the authority provided by law for the appropriation	1844
of property by divisions of the department. The director of	1845
natural resources also may acquire by purchase, lease, or	1846
otherwise such real and personal property rights or privileges in	1847
the name of the state as are necessary for the purposes of the	1848
department or any division therein. The director, with the	1849
approval of the governor and the attorney general, in accordance	1850
with section 5301.13 of the Revised Code, if applicable, may sell,	1851
lease, or exchange portions of lands or property, real or	1852
personal, of any division of the department or grant easements or	1853
licenses for the use thereof, or enter into agreements for the	1854
sale of water from lands and waters under the administration or	1855
care of the department or any of its divisions, when the sale,	1856
lease, exchange, easement, agreement, or license for use is in an	1857
amount that is less than one million dollars and is advantageous	1858
to the state, provided that such approval is not required for	1859
leases and contracts made under section 1501.07, 1501.09, or	1860
1520.03 or Chapter 1523. of the Revised Code. With the approval of	1861
the governor, the director, in accordance with section 5301.13 of	1862
the Revised Code, if applicable, may sell, lease, or exchange	1863
portions of, grant easements or licenses for the use of, or enter	1864
into agreements for the sale of such lands, property, or waters in	1865
an amount of one million dollars or more when the sale, lease,	1866
exchange, easement, agreement, or license is advantageous to the	1867
state. Water may be sold from a reservoir only to the extent that	1868
the reservoir was designed to yield a supply of water for a	1869
purpose other than recreation or wildlife, and the water sold is	1870
in excess of that needed to maintain the reservoir for purposes of	1871
recreation or wildlife.	1872

Money received from such sales, leases, easements, exchanges,	1873
agreements, or licenses for use, except revenues required to be	1874
set aside or paid into depositories or trust funds for the payment	1875
of bonds issued under sections 1501.12 to 1501.15 of the Revised	1876
Code, and to maintain the required reserves therefor as provided	1877
in the orders authorizing the issuance of such bonds or the trust	1878
agreements securing such bonds, revenues required to be paid and	1879
credited pursuant to the bond proceeding applicable to obligations	1880
issued pursuant to section 154.22, and revenues generated under	1881
section 1520.05 of the Revised Code, shall be deposited in the	1882
state treasury to the credit of the fund of the division of the	1883
department having prior jurisdiction over the lands or property.	1884
If no such fund exists, the money shall be credited to the general	1885
revenue fund. All such money received from lands or properties	1886
administered by the division of wildlife shall be credited to the	1887
wildlife fund.	1888

(H) The director shall provide for the custody, safekeeping,	1889
and deposit of all moneys, checks, and drafts received by the	1890
department or its employees prior to paying them to the treasurer	1891
of state under section 113.08 of the Revised Code.	1892

(I) The director shall cooperate with the nature conservancy,	1893
other nonprofit organizations, and the United States fish and	1894
wildlife service in order to secure protection of islands in the	1895
Ohio river and the wildlife and wildlife habitat of those islands.	1896

(J) Any instrument by which real property is acquired	1897
pursuant to this section shall identify the agency of the state	1898
that has the use and benefit of the real property as specified in	1899
section 5301.012 of the Revised Code.	1900

Sec. 1501.011. (A) Except as provided in divisions (B), (C),	1901
and (D) of this section, the Ohio facilities construction	1902
commission shall supervise the design and construction of, and	1903
make contracts for the construction, reconstruction, improvement,	1904
enlargement, alteration, repair, or decoration of, any projects or	1905
improvements for the department of natural resources that may be	1906
authorized by legislative appropriations or any other funds	1907
available therefor, the estimated cost of which amounts to two	1908
hundred thousand dollars or more or the amount determined pursuant	1909
to section 153.53 of the Revised Code or more.	1910

(B) The department of natural resources shall administer the	1911
construction of improvements under an agreement with the	1912
supervisors of a soil and water conservation district pursuant to	1913
division (I) of section 1515.08 of the Revised Code.	1914

(C)(1) The department of natural resources shall supervise	1915
the design and construction of, and make contracts for the	1916
construction, reconstruction, improvement, enlargement,	1917
alteration, repair, or decoration of, any of the following	1918
activities, projects, or improvements:	1919

(a) Dam repairs administered by the division of engineering	1920
under Chapter 1507. of the Revised Code;	1921

(b) Projects or improvements administered by the division of	1922
watercraft and funded through the waterways safety fund	1923
established in section 1547.75 of the Revised Code;	1924

(c) Projects or improvements administered by the division of	1925
wildlife under Chapter 1531. or 1533. of the Revised Code;	1926

(d) Activities conducted by the department pursuant to	1927
section 5511.05 of the Revised Code in order to maintain the	1928
department's roadway inventory.	1929

(2) If a contract to be let under division (C)(1) of this	1930
section involves an exigency that concerns the public health,	1931
safety, or welfare or addresses an emergency situation in which	1932
timeliness is crucial in preventing the cost of the contract from	1933
increasing significantly, pursuant to the declaration of a public	1934
exigency, the department may award the contract without	1935
competitive bidding or selection as otherwise required by Chapter	1936
153. of the Revised Code.	1937

A notice published by the department of natural resources	1938
regarding an activity, project, or improvement shall be published	1939
as contemplated in section 7.16 of the Revised Code.	1940

(D) The executive director of the Ohio facilities	1941
construction commission may authorize the department of natural	1942
resources to administer any other project or improvement, the	1943
estimated cost of which, including design fees, construction,	1944
equipment, and contingency amounts, is not more than one million	1945
five hundred thousand dollars.	1946

Sec. 1509.01.  As used in this chapter:

1947

(A) "Well" means any borehole, whether drilled or bored,	1948
within the state for production, extraction, or injection of any	1949
gas or liquid mineral, excluding potable water to be used as such,	1950
but including natural or artificial brines and oil field waters.	1951

(B) "Oil" means crude petroleum oil and all other	1952
hydrocarbons, regardless of gravity, that are produced in liquid	1953
form by ordinary production methods, but does not include	1954
hydrocarbons that were originally in a gaseous phase in the	1955
reservoir.	1956

(C) "Gas" means all natural gas and all other fluid	1957
hydrocarbons that are not oil, including condensate.	1958

(D) "Condensate" means liquid hydrocarbons separated at or	1959
near the well pad or along the gas production or gathering system	1960
prior to gas processing.	1961

(E) "Pool" means an underground reservoir containing a common	1962
accumulation of oil or gas, or both, but does not include a gas	1963
storage reservoir. Each zone of a geological structure that is	1964
completely separated from any other zone in the same structure may	1965
contain a separate pool.	1966

(F) "Field" means the general area underlaid by one or more	1967
pools.	1968

(G) "Drilling unit" means the minimum acreage on which one	1969
well may be drilled, but does not apply to a well for injecting	1970
gas into or removing gas from a gas storage reservoir.	1971

(H) "Waste" includes all of the following:

1972

(1) Physical waste, as that term generally is understood in	1973
the oil and gas industry;	1974

(2) Inefficient, excessive, or improper use, or the	1975
unnecessary dissipation, of reservoir energy;	1976

(3) Inefficient storing of oil or gas;

1977

(4) Locating, drilling, equipping, operating, or producing an	1978
oil or gas well in a manner that reduces or tends to reduce the	1979
quantity of oil or gas ultimately recoverable under prudent and	1980
proper operations from the pool into which it is drilled or that	1981
causes or tends to cause unnecessary or excessive surface loss or	1982
destruction of oil or gas;	1983

(5) Other underground or surface waste in the production or	1984
storage of oil, gas, or condensate, however caused.	1985

(I) "Correlative rights" means the reasonable opportunity to	1986
every person entitled thereto to recover and receive the oil and	1987
gas in and under the person's tract or tracts, or the equivalent	1988
thereof, without having to drill unnecessary wells or incur other	1989
unnecessary expense.	1990

(J) "Tract" means a single, individually taxedindividual	1991
parcel of land appearing on the tax listor a portion of a	1992
single, individual parcel of land.	1993

(K) "Owner," unless referring to a mine, means the person who	1994
has the right to drill on a tract or drilling unit, to drill into	1995
and produce from a pool, and to appropriate the oil or gas	1996
produced therefrom either for the person or for others, except	1997
that a person ceases to be an owner with respect to a well when	1998
the well has been plugged in accordance with applicable rules	1999
adopted and orders issued under this chapter. "Owner" does not	2000
include a person who obtains a lease of the mineral rights for oil	2001
and gas on a parcel of land if the person does not attempt to	2002
produce or produce oil or gas from a well or obtain a permit under	2003
this chapter for a well or if the entire interest of a well is	2004
transferred to the person in accordance with division (B) of	2005
section 1509.31 of the Revised Code.	2006

(L) "Royalty interest" means the fee holder's share in the	2007
production from a well.	2008

(M) "Discovery well" means the first well capable of	2009
producing oil or gas in commercial quantities from a pool.	2010

(N) "Prepared clay" means a clay that is plastic and is	2011
thoroughly saturated with fresh water to a weight and consistency	2012
great enough to settle through saltwater in the well in which it	2013
is to be used, except as otherwise approved by the chief of the	2014
division of oil and gas resources management.	2015

(O) "Rock sediment" means the combined cutting and residue	2016
from drilling sedimentary rocks and formation.	2017

(P) "Excavations and workings," "mine," and "pillar" have the	2018
same meanings as in section 1561.01 of the Revised Code.	2019

(Q) "Coal bearing township" means a township designated as	2020
such by the chief of the division of mineral resources management	2021
under section 1561.06 of the Revised Code.	2022

(R) "Gas storage reservoir" means a continuous area of a	2023
subterranean porous sand or rock stratum or strata into which gas	2024
is or may be injected for the purpose of storing it therein and	2025
removing it therefrom and includes a gas storage reservoir as	2026
defined in section 1571.01 of the Revised Code.	2027

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	2028
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	2029
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	2030
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	2031
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	2032
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	2033
regulations adopted under those acts.	2034

(T) "Person" includes any political subdivision, department,	2035
agency, or instrumentality of this state; the United States and	2036
any department, agency, or instrumentality thereof; and any legal	2037
entity defined as a person under section 1.59 of the Revised Code.	2038

(U) "Brine" means all saline geological formation water	2039
resulting from, obtained from, or produced in connection with	2040
exploration, drilling, well stimulation, production of oil or gas,	2041
or plugging of a well.	2042

(V) "Waters of the state" means all streams, lakes, ponds,	2043
marshes, watercourses, waterways, springs, irrigation systems,	2044
drainage systems, and other bodies of water, surface or	2045
underground, natural or artificial, that are situated wholly or	2046
partially within this state or within its jurisdiction, except	2047
those private waters that do not combine or effect a junction with	2048
natural surface or underground waters.	2049

(W) "Exempt Mississippian well" means a well that meets all	2050
of the following criteria:	2051

(1) Was drilled and completed before January 1, 1980;

2052

(2) Is located in an unglaciated part of the state;

2053

(3) Was completed in a reservoir no deeper than the	2054
Mississippian Big Injun sandstone in areas underlain by	2055
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	2056
sandstone in areas directly underlain by Permian stratigraphy;	2057

(4) Is used primarily to provide oil or gas for domestic use.

2058

(X) "Exempt domestic well" means a well that meets all of the	2059
following criteria:	2060

(1) Is owned by the owner of the surface estate of the tract	2061
on which the well is located;	2062

(2) Is used primarily to provide gas for the owner's domestic	2063
use;	2064

(3) Is located more than two hundred feet horizontal distance	2065
from any inhabited private dwelling house other than an inhabited	2066
private dwelling house located on the tract on which the well is	2067
located;	2068

(4) Is located more than two hundred feet horizontal distance	2069
from any public building that may be used as a place of resort,	2070
assembly, education, entertainment, lodging, trade, manufacture,	2071
repair, storage, traffic, or occupancy by the public.	2072

(Y) "Urbanized area" means an area where a well or production	2073
facilities of a well are located within a municipal corporation or	2074
within a township that has an unincorporated population of more	2075
than five thousand in the most recent federal decennial census	2076
prior to the issuance of the permit for the well or production	2077
facilities.	2078

(Z) "Well stimulation" or "stimulation of a well" means the	2079
process of enhancing well productivity, including hydraulic	2080
fracturing operations.	2081

(AA) "Production operation" means all operations and	2082
activities and all related equipment, facilities, and other	2083
structures that may be used in or associated with the exploration	2084
and production of oil, gas, or other mineral resources that are	2085
regulated under this chapter, including operations and activities	2086
associated with site preparation, site construction, access road	2087
construction, well drilling, well completion, well stimulation,	2088
well site activities, reclamation, and plugging. "Production	2089
operation" also includes all of the following:	2090

(1) The piping, equipment, and facilities used for the	2091
production and preparation of hydrocarbon gas or liquids for	2092
transportation or delivery;	2093

(2) The processes of extraction and recovery, lifting,	2094
stabilization, treatment, separation, production processing,	2095
storage, waste disposal, and measurement of hydrocarbon gas and	2096
liquids, including related equipment and facilities;	2097

(3) The processes and related equipment and facilities	2098
associated with production compression, gas lift, gas injection,	2099
fuel gas supply, well drilling, well stimulation, and well	2100
completion activities, including dikes, pits, and earthen and	2101
other impoundments used for the temporary storage of fluids and	2102
waste substances associated with well drilling, well stimulation,	2103
and well completion activities;	2104

(4) Equipment and facilities at a wellpad or other location	2105
that are used for the transportation, handling, recycling,	2106
temporary storage, management, processing, or treatment of any	2107
equipment, material, and by-products or other substances from an	2108
operation at a wellpad that may be used or reused at the same or	2109
another operation at a wellpad or that will be disposed of in	2110
accordance with applicable laws and rules adopted under them.	2111

(BB) "Annular overpressurization" means the accumulation of	2112
fluids within an annulus with sufficient pressure to allow	2113
migration of annular fluids into underground sources of drinking	2114
water.	2115

(CC) "Idle and orphaned well" means a well for which a bond	2116
has been forfeited or an abandoned well for which no money is	2117
available to plug the well in accordance with this chapter and	2118
rules adopted under it.	2119

(DD) "Temporarily inactive well" means a well that has been	2120
granted temporary inactive status under section 1509.062 of the	2121
Revised Code.	2122

(EE) "Material and substantial violation" means any of the	2123
following:	2124

(1) Failure to obtain a permit to drill, reopen, convert,	2125
plugback, or plug a well under this chapter;	2126

(2) Failure to obtain, maintain, update, or submit proof of	2127
insurance coverage that is required under this chapter;	2128

(3) Failure to obtain, maintain, update, or submit proof of a	2129
surety bond that is required under this chapter;	2130

(4) Failure to plug an abandoned well or idle and orphaned	2131
well unless the well has been granted temporary inactive status	2132
under section 1509.062 of the Revised Code or the chief of the	2133
division of oil and gas resources management has approved another	2134
option concerning the abandoned well or idle and orphaned well;	2135

(5) Failure to restore a disturbed land surface as required	2136
by section 1509.072 of the Revised Code;	2137

(6) Failure to reimburse the oil and gas well fund pursuant	2138
to a final order issued under section 1509.071 of the Revised	2139
Code;	2140

(7) Failure to comply with a final nonappealable order of the	2141
chief issued under section 1509.04 of the Revised Code;	2142

(8) Failure to submit a report, test result, fee, or document	2143
that is required in this chapter or rules adopted under it;	2144

(9) Failure to correct the violations identified in a	2145
compliance notice within sixty days after the issuance of the	2146
compliance notice unless another period of time is specified in	2147
the compliance notice;	2148

(10) Receiving compliance notices for the same or similar	2149
violations of this chapter or rules adopted under it that present	2150
an imminent danger to the health or safety of a person or result	2151
in or are likely to result in substantial damage to the natural	2152
resources of this state;	2153

(11) Submission of falsified information under this chapter.

2154

(FF) "Severer" has the same meaning as in section 5749.01 of	2155
the Revised Code.	2156

(GG) "Horizontal well" means a well that is drilled for the	2157
production of oil or gas in which the wellbore reaches a	2158
horizontal or near horizontal position in the Point Pleasant,	2159
Utica, or Marcellus formation and the well is stimulated.	2160

(HH) "Well pad" means the area that is cleared or prepared	2161
for the drilling of one or more horizontal wells.	2162

Sec. 1509.02.  There is hereby created in the department of	2163
natural resources the division of oil and gas resources	2164
management, which shall be administered by the chief of the	2165
division of oil and gas resources management. The division has	2166
sole and exclusive authority to regulate the permitting, location,	2167
and spacing of oil and gas wells and production operations within	2168
the state, excepting only those activities regulated under federal	2169
laws for which oversight has been delegated to the environmental	2170
protection agency and activities regulated under sections 6111.02	2171
to 6111.028 of the Revised Code. The regulation of oil and gas	2172
activities is a matter of general statewide interest that requires	2173
uniform statewide regulation, and this chapter and rules adopted	2174
under it constitute a comprehensive plan with respect to all	2175
aspects of the locating, drilling, well stimulation, completing,	2176
and operating of oil and gas wells within this state, including	2177
site construction and restoration, permitting related to those	2178
activities, and the disposal of wastes from those wells. In order	2179
to assist the division in the furtherance of its sole and	2180
exclusive authority as established in this section, the chief may	2181
enter into cooperative agreements with other state agencies for	2182
advice and consultation, including visitations at the surface	2183
location of a well on behalf of the division. Such cooperative	2184
agreements do not confer on other state agencies any authority to	2185
administer or enforce this chapter and rules adopted under it. In	2186
addition, such cooperative agreements shall not be construed to	2187
dilute or diminish the division's sole and exclusive authority as	2188
established in this section. Nothing in this section affects the	2189
authority granted to the director of transportation and local	2190
authorities in section 723.01 or 4513.34 of the Revised Code,	2191
provided that the authority granted under those sections shall not	2192
be exercised in a manner that discriminates against, unfairly	2193
impedes, or obstructs oil and gas activities and operations	2194
regulated under this chapter.	2195

The chief shall not hold any other public office, nor shall	2196
the chief be engaged in any occupation or business that might	2197
interfere with or be inconsistent with the duties as chief.	2198

All moneys collected by the chief pursuant to sections	2199
1509.06, 1509.0611509.091, 1509.062, 1509.071, 1509.13, 1509.22,	2200
1509.222, 1509.28, 1509.34, and 1509.50 of the Revised Code,	2201
ninety per cent of moneys received by the treasurer of state from	2202
the tax levied in divisions (A)(5) and (6) of section 5749.02 of	2203
the Revised Code, all civil penalties paid under section 1509.33	2204
of the Revised Code, and, notwithstanding any section of the	2205
Revised Code relating to the distribution or crediting of fines	2206
for violations of the Revised Code, all fines imposed under	2207
divisions (A) and (B) of section 1509.99 of the Revised Code and	2208
fines imposed under divisions (C) and (D) of section 1509.99 of	2209
the Revised Code for all violations prosecuted by the attorney	2210
general and for violations prosecuted by prosecuting attorneys	2211
that do not involve the transportation of brine by vehicle shall	2212
be deposited into the state treasury to the credit of the oil and	2213
gas well fund, which is hereby created. Fines imposed under	2214
divisions (C) and (D) of section 1509.99 of the Revised Code for	2215
violations prosecuted by prosecuting attorneys that involve the	2216
transportation of brine by vehicle and penalties associated with a	2217
compliance agreement entered into pursuant to this chapter shall	2218
be paid to the county treasury of the county where the violation	2219
occurred.	2220

The fund shall be used solely and exclusively for the	2221
purposes enumerated in division (B) of section 1509.071 of the	2222
Revised Code, for the expenses of the division associated with the	2223
administration of this chapter and Chapter 1571. of the Revised	2224
Code and rules adopted under them, and for expenses that are	2225
critical and necessary for the protection of human health and	2226
safety and the environment related to oil and gas production in	2227
this state. The expenses of the division in excess of the moneys	2228
available in the fund shall be paid from general revenue fund	2229
appropriations to the department.	2230

Sec. 1509.04. (A) The chief of the division of oil and gas	2231
resources management, or the chief's authorized representatives,	2232
shall enforce this chapter and the rules, terms and conditions of	2233
permits and registration certificates, and orders adopted or	2234
issued pursuant thereto, except that any peace officer, as defined	2235
in section 2935.01 of the Revised Code, may arrest for violations	2236
of this chapter involving transportation of brine by vehicle. The	2237
enforcement authority of the chief includes the authority to issue	2238
compliance notices and to enter into compliance agreements.	2239

(B)(1) The chief or the chief's authorized representative may	2240
issue an administrative order to an owner or other person for a	2241
violation of this chapter or rules adopted under it, terms and	2242
conditions of a permit issued under it, a registration certificate	2243
that is required under this chapter, or orders issued under this	2244
chapter.	2245

(2)(a) If an owner or other person who is required to submit	2246
a report, test result, fee, or document by this chapter or rules	2247
adopted under it submits a request for an extension of time to	2248
submit the report, test result, fee, or document to the chief	2249
prior to the date on which the report, test result, fee, or	2250
document is due, the chief may grant an extension of not more than	2251
sixty additional days from the original date on which the report,	2252
test result, fee, or document is due.	2253

(b) If an owner or other person who is required to submit a	2254
report, test result, fee, or document by this chapter or rules	2255
adopted under it fails to submit the report, test result, fee, or	2256
document before or on the date on which it is due and the chief	2257
has not granted an extension of time under division (B)(2)(a) of	2258
this section, the chief shall make a reasonable attemptsattempt	2259
to notify the owner or other person of the failure to submit the	2260
report, test result, fee, or document. If an owner or other person	2261
who receives such a notification fails to submit the report, test	2262
result, fee, or document on or before thirty days after the date	2263
on which the chief so notified the owner or other person, the	2264
chief may issue an order under division (B)(2)(c)(3) of this	2265
section.	2266

(c)(3) The chief may issue an order finding that an owner or	2267
other person has committed a material and substantial violation.	2268
In the order, the chief may suspend activities that are authorized	2269
under a permit or registration certificate that is issued under	2270
this chapter or revoke a permit or registration certificate.	2271

(C) The chief, by order, immediately may suspend drilling,	2272
operating, injection, brine transportation, or plugging activities	2273
that are related to a material and substantial violation and	2274
suspend andor revoke an unused permit after finding either of the	2275
following:	2276

(1) An owner or other person has failed to comply with an	2277
order issued under division (B)(2)(c)(3) of this section that is	2278
final and nonappealable.	2279

(2) An owner or other person is causing, engaging in, or	2280
maintaining a condition or activity that the chief determines	2281
presents an imminent danger to the health or safety of the public	2282
a person or that results in or is likely to result in immediate	2283
substantial damage to the natural resources of this state.	2284

(D)(1) The chief may issue an order under division (C) of	2285
this section without prior notification if reasonable attempts to	2286
notify the owner or other person have failed or if the owner or	2287
other person is currently in material breach of a prior order, but	2288
in such an event notification shall be given as soon thereafter as	2289
practical.	2290

(2) Not later than five business days after the issuance of	2291
an order under division (C) of this section, the chief or the	2292
chief's designee shall provide the owner or other person an	2293
opportunity to be heard and to present evidence that one of the	2294
following applies:	2295

(a) The condition or activity does not present an imminent	2296
danger to the public health or safety of a person or is not likely	2297
to result in immediate substantial damage to natural resources.	2298

(b) Required records, reports, or logs have been submitted	2299
The condition or activity that is the basis of a material and	2300
substantial violation has been corrected.	2301

(3)(a) If the chief, after considering evidence presented by	2302
the owner or other person under division (D)(2)(a) of this	2303
section, determines that the activities do not present such a	2304
threat or that the required records, reports, or logs have been	2305
submitted under division (D)(2)(b) of this sectioncondition or	2306
activity that is the basis of a material and substantial violation	2307
has been corrected, the chief shall revokerescind the order. The	2308

(b) If the chief, after considering evidence presented by the	2309
owner or other person under division (D)(2)(a) of this section,	2310
determines that the activities present such a threat or that the	2311
condition or activity that is the basis of a material and	2312
substantial violation has not been corrected, the chief may issue	2313
an order that does either of the following:	2314

(i) Suspends the drilling, operating, plugging, injection, or	2315
brine transportation activities of the owner or other person for a	2316
specified period of time;	2317

(ii) Revokes the permit or registration certificate, as	2318
applicable, associated with the drilling, operating, plugging,	2319
injection, or brine transportation activities of the owner or	2320
other person that is the basis of the suspension order issued	2321
under division (C) of this section.	2322

(c) The owner may appealor other person to whom an order was	2323
issued under division (D)(3)(b) of this section may appeal the	2324
order to the oil and gas commission under section 1509.36 of the	2325
Revised Code or to the court of common pleas of the county in	2326
which the activity that is the subject of the order is located.	2327

(E) The chief may issue a bond forfeiture order pursuant to	2328
section 1509.071 of the Revised Code for failure to comply with a	2329
final nonappealable order issued or compliance agreement entered	2330
into under this section.	2331

(F) The chief may notify drilling contractors, transporters,	2332
service companies, or other similar entities of the compliance	2333
status of an owner.	2334

If the owner fails to comply with a prior enforcement action	2335
of the chief, the chief may issue a suspension order without prior	2336
notification, but in such an event the chief shall give notice as	2337
soon thereafter as practical. Not later than five calendar	2338
business days after the issuance of an order, the chief shall	2339
provide the owner an opportunity to be heard and to present	2340
evidence that required records, reports, or logs have been	2341
submitted. If the chief, after considering the evidence presented	2342
by the owner, determines that the requirements have been	2343
satisfied, the chief shall revokerescind the suspension order.	2344
The owner may appeal a suspension order to the oil and gas	2345
commission under section 1509.36 of the Revised Code or to the	2346
court of common pleas of the county in which the activity that is	2347
the subject of the suspension order is located.	2348

(G) The prosecuting attorney of the county or the attorney	2349
general, upon the request of the chief, may apply to the court of	2350
common pleas in the county in which any of the provisions of this	2351
chapter or any rules, terms or conditions of a permit or	2352
registration certificate, or orders adopted or issued pursuant to	2353
this chapter are being violated for a temporary restraining order,	2354
preliminary injunction, or permanent injunction restraining any	2355
person from suchthe violation.	2356

Sec. 1509.05. (A) No person shall drill a new well, drill an	2357
existing well any deeper, reopen a well, convert a well to any use	2358
other than its original purpose, or plug back a well to a source	2359
of supply different from the existing pool, without having a	2360
permit to do so issued by the chief of the division of oil and gas	2361
resources management, and until the original permit or a	2362
photostatic copy thereof is posted or displayed in a conspicuous	2363
and easily accessible place at the well site, with the name,	2364
current address, and telephone number of the permit holder and the	2365
telephone numbers for fire and emergency medical services	2366
maintained on the posted permit or copy. The permit or a copy	2367
shall be continuously displayed in that manner at all times during	2368
the work authorized by the permit.	2369

(B) The chief may issue an order refusing to issue a permit	2370
required by this section or section 1509.21 or 1509.22 of the	2371
Revised Code to an applicant who at the time of application for a	2372
permit has been issued an order for a material and substantial	2373
violation and has failed to comply with the order. The chief shall	2374
refuse to issue a permit to an applicant who at the time of	2375
application for a permit has been found liable by a nonappealable	2376
order of a court of competent jurisdiction for damage to streets,	2377
roads, highways, bridges, culverts, or drainways under section	2378
4513.34 or 5577.12 of the Revised Code until the applicant	2379
provides the chief with evidence of compliance with the order. No	2380
applicant shall attempt to circumvent this division by applying	2381
for a permit under a different name or business organization name,	2382
by transferring responsibility to another person or entity, by	2383
abandoning a well or lease, or by any other similar act.	2384

Sec. 1509.051.  (A) A person who has not been issued a permit	2385
or a registration certificate or who has not received an order	2386
authorizing activities under this chapter, but who intends to	2387
apply or has applied for such a permit, registration certificate,	2388
or order shall register with the division of oil and gas resources	2389
management on a form and in the manner prescribed by the chief of	2390
the division of oil and gas resources management. The registration	2391
shall include all of the following:	2392

(1) The name, address, and telephone number of the	2393
applicant's principal place of business;	2394

(2) The address and telephone number of the applicant's	2395
principal place of business in this state if it is different from	2396
the information provided under division (A)(1) of this section;	2397

(3) A listing of all key employees of the applicant;

2398

(4) A listing of all of the following during the five years	2399
immediately preceding the submission of the registration:	2400

(a) All consent orders entered into by the applicant or a key	2401
employee of the applicant in connection with any violation of the	2402
Federal Water Pollution Control Act by the applicant or a key	2403
employee of the applicant or in connection with any violation of	2404
this state's or any other state's laws implementing the Federal	2405
Water Pollution Control Act pursuant to delegation by the United	2406
States environmental protection agency by the applicant or a key	2407
employee of the applicant;	2408

(b) All administrative or civil enforcement orders issued to	2409
the applicant or a key employee of the applicant in connection	2410
with any violation of the Federal Water Pollution Control Act by	2411
the applicant or a key employee of the applicant or in connection	2412
with any violation of this state's or any other state's laws	2413
implementing the Federal Water Pollution Control Act pursuant to	2414
delegation by the United States environmental protection agency by	2415
the applicant or a key employee of the applicant;	2416

(c) All civil actions in which the applicant or a key	2417
employee of the applicant was determined by the trier of fact to	2418
be liable in damages or was the subject of injunctive relief or	2419
another type of civil relief in connection with any violation of	2420
the Federal Water Pollution Control Act by the applicant or a key	2421
employee of the applicant or in connection with any violation of	2422
this state's or any other state's laws implementing the Federal	2423
Water Pollution Control Act pursuant to delegation by the United	2424
States environmental protection agency by the applicant or a key	2425
employee of the applicant;	2426

(d) All criminal actions in which the applicant or a key	2427
employee of the applicant pleaded guilty to or was convicted of	2428
any violation of the Federal Water Pollution Control Act or any	2429
violation of this state's or any other state's laws implementing	2430
the Federal Water Pollution Control Act pursuant to delegation by	2431
the United States environmental protection agency.	2432

(B) The chief may issue an order denying an application	2433
submitted under this chapter if the chief finds from the	2434
information submitted under division (A) of this section that the	2435
applicant or any key employee of the applicant has a history of	2436
noncompliance with the Federal Water Pollution Control Act or with	2437
this state's or any other state's laws implementing the Federal	2438
Water Pollution Control Act pursuant to delegation by the United	2439
States environmental protection agency that indicates that the	2440
applicant lacks sufficient reliability, expertise, and competence	2441
to operate a proposed new well or brine transportation business or	2442
other facility or operation that is authorized by the permit or	2443
order, as applicable, in substantial compliance with this chapter	2444
and rules adopted under it.	2445

(C) The chief may issue an order denying an application	2446
submitted under this chapter if the chief finds that the	2447
information submitted under division (A) of this section is false	2448
or materially incomplete.	2449

(D) As used in this section:

2450

(1) "Applicant" means a person who intends to apply or has	2451
applied for a permit, registration certificate, or order	2452
authorizing activities under this chapter.	2453

(2) "Federal Water Pollution Control Act" has the same	2454
meaning as in section 6111.01 of the Revised Code.	2455

(3) "Key employee" means an individual who is employed by an	2456
applicant in a supervisory capacity or who is empowered to make	2457
discretionary decisions with respect to the operations of the	2458
applicant or another person who has supervisory capacity or who is	2459
empowered to make discretionary decisions with respect to the	2460
operations of the applicant. If the applicant has entered into a	2461
contract with another person to operate a well that is the subject	2462
of the application, "key employee" includes an employee of the	2463
contractor who acts in a supervisory capacity or is empowered to	2464
make discretionary decisions with respect to the operation of the	2465
well. "Key employee" does not include an employee who is	2466
exclusively engaged in any of the following: the physical or	2467
mechanical construction or operation of a well, physical or	2468
mechanical duties related to the transportation of brine, or in	2469
the physical or mechanical duties related to other activities	2470
authorized under this chapter.	2471

Sec. 1509.06. (A) An application for a permit to drill a new	2472
well, drill an existing well deeper, reopen a well, convert a well	2473
to any use other than its original purpose, or plug back a well to	2474
a different source of supply, including associated production	2475
operations, shall be filed with the chief of the division of oil	2476
and gas resources management upon such form as the chief	2477
prescribes and shall contain each of the following that is	2478
applicable:	2479

(1) The name and address of the owner and, if a corporation,	2480
the name and address of the statutory agent;	2481

(2) The signature of the owner or the owner's authorized	2482
agent. When an authorized agent signs an application, it shall be	2483
accompanied by a certified copy of the appointment as such agent.	2484

(3) The names and addresses of all persons holding the	2485
royalty interest in the tract upon which the well is located or is	2486
to be drilled or within a proposed drilling unit;	2487

(4) The location of the tract or drilling unit on which the	2488
well is located or is to be drilled identified by section or lot	2489
number, city, village, township, and county;	2490

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

2491

(6)(a) The geological formation to be tested or used and the	2492
proposed total depth of the well;	2493

(b) If the well is for the injection of a liquid, identity of	2494
the geological formation to be used as the injection zone and the	2495
composition of the liquid to be injected.	2496

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

2497

(8)(a) An identification, to the best of the owner's	2498
knowledge, of each proposed source of ground water and surface	2499
water that will be used in the production operations of the well.	2500
The identification of each proposed source of water shall indicate	2501
if the water will be withdrawn from the Lake Erie watershed or the	2502
Ohio river watershed. In addition, the owner shall provide, to the	2503
best of the owner's knowledge, the proposed estimated rate and	2504
volume of the water withdrawal for the production operations. If	2505
recycled water will be used in the production operations, the	2506
owner shall provide the estimated volume of recycled water to be	2507
used. The owner shall submit to the chief an update of any of the	2508
information that is required by division (A)(8)(a) of this section	2509
if any of that information changes before the chief issues a	2510
permit for the application.	2511

(b) Except as provided in division (A)(8)(c) of this section,	2512
for an application for a permit to drill a new well within an	2513
urbanized area, the results of sampling of water wells within	2514
three hundred feet of the proposed well prior to commencement of	2515
drilling. In addition, the owner shall include a list that	2516
identifies the location of each water well where the owner of the	2517
property on which the water well is located denied the owner	2518
access to sample the water well. The sampling shall be conducted	2519
in accordance with the guidelines established in "Best Management	2520
Practices For Pre-drilling Water Sampling" in effect at the time	2521
that the application is submitted. The division shall furnish	2522
those guidelines upon request and shall make them available on the	2523
division's web site. If the chief determines that conditions at	2524
the proposed well site warrant a revision, the chief may revise	2525
the distance established in this division for purposes of	2526
pre-drilling water sampling.	2527

(c) For an application for a permit to drill a new horizontal	2528
well, the results of sampling of water wells within one thousand	2529
five hundred feet of the proposed horizontal wellhead prior to	2530
commencement of drilling. In addition, the owner shall include a	2531
list that identifies the location of each water well where the	2532
owner of the property on which the water well is located denied	2533
the owner access to sample the water well. The sampling shall be	2534
conducted in accordance with the guidelines established in "Best	2535
Management Practices For Pre-drilling Water Sampling" in effect at	2536
the time that the application is submitted. The division shall	2537
furnish those guidelines upon request and shall make them	2538
available on the division's web site. If the chief determines that	2539
conditions at the proposed well site warrant a revision, the chief	2540
may revise the distance established in this division for purposes	2541
of pre-drilling water sampling.	2542

(9) For an application for a permit to drill a new well	2543
within an urbanized area, a sworn statement that the applicant has	2544
provided notice by regular mail of the application to the owner of	2545
each parcel of real property that is located within five hundred	2546
feet of the surface location of the well and to the executive	2547
authority of the municipal corporation or the board of township	2548
trustees of the township, as applicable, in which the well is to	2549
be located. In addition, the notice shall contain a statement that	2550
informs an owner of real property who is required to receive the	2551
notice under division (A)(9) of this section that within five days	2552
of receipt of the notice, the owner is required to provide notice	2553
under section 1509.60 of the Revised Code to each residence in an	2554
occupied dwelling that is located on the owner's parcel of real	2555
property. The notice shall contain a statement that an application	2556
has been filed with the division of oil and gas resources	2557
management, identify the name of the applicant and the proposed	2558
well location, include the name and address of the division, and	2559
contain a statement that comments regarding the application may be	2560
sent to the division. The notice may be provided by hand delivery	2561
or regular mail. The identity of the owners of parcels of real	2562
property shall be determined using the tax records of the	2563
municipal corporation or county in which a parcel of real property	2564
is located as of the date of the notice.	2565

(10) A plan for restoration of the land surface disturbed by	2566
drilling operations. The plan shall provide for compliance with	2567
the restoration requirements of division (A) of section 1509.072	2568
of the Revised Code and any rules adopted by the chief pertaining	2569
to that restoration.	2570

(11)(a) A description by name or number of the county,	2571
township, and municipal corporation roads, streets, and highways	2572
that the applicant anticipates will be used for access to and	2573
egress from the well site;	2574

(b) For an application for a permit for a horizontal well, a	2575
copy of an agreement concerning maintenance and safe use of the	2576
roads, streets, and highways described in division (A)(11)(a) of	2577
this section entered into on reasonable terms with the public	2578
official that has the legal authority to enter into such	2579
maintenance and use agreements for each county, township, and	2580
municipal corporation, as applicable, in which any such road,	2581
street, or highway is located or an affidavit on a form prescribed	2582
by the chief attesting that the owner attempted in good faith to	2583
enter into an agreement under division (A)(11)(b) of this section	2584
with the applicable public official of each such county, township,	2585
or municipal corporation, but that no agreement was executed.	2586

(12) Such other relevant information as the chief prescribes	2587
by rule.	2588

Each application shall be accompanied by a map, on a scale	2589
not smaller than four hundred feet to the inch, prepared by an	2590
Ohio registered surveyor, showing the location of the well and	2591
containing such other data as may be prescribed by the chief. If	2592
the well is or is to be located within the excavations and	2593
workings of a mine, the map also shall include the location of the	2594
mine, the name of the mine, and the name of the person operating	2595
the mine.	2596

(B) The chief shall cause a copy of the weekly circular	2597
prepared by the division to be provided to the county engineer of	2598
each county that contains active or proposed drilling activity.	2599
The weekly circular shall contain, in the manner prescribed by the	2600
chief, the names of all applicants for permits, the location of	2601
each well or proposed well, the information required by division	2602
(A)(11) of this section, and any additional information the chief	2603
prescribes. In addition, the chief promptly shall transfer an	2604
electronic copy or facsimile, or if those methods are not	2605
available to a municipal corporation or township, a copy via	2606
regular mail, of a drilling permit application to the clerk of the	2607
legislative authority of the municipal corporation or to the clerk	2608
of the township in which the well or proposed well is or is to be	2609
located if the legislative authority of the municipal corporation	2610
or the board of township trustees has asked to receive copies of	2611
such applications and the appropriate clerk has provided the chief	2612
an accurate, current electronic mailing address or facsimile	2613
number, as applicable.	2614

(C)(1) Except as provided in division (C)(2) of this section,	2615
the chief shall not issue a permit for at least ten days after the	2616
date of filing of the application for the permit unless, upon	2617
reasonable cause shown, the chief waives that period or a request	2618
for expedited review is filed under this section. However, the	2619
chief shall issue a permit within twenty-one days of the filing of	2620
the application unless the chief denies the application by order.	2621

(2) If the location of a well or proposed well will be or is	2622
within an urbanized area, the chief shall not issue a permit for	2623
at least eighteen days after the date of filing of the application	2624
for the permit unless, upon reasonable cause shown, the chief	2625
waives that period or the chief at the chief's discretion grants a	2626
request for an expedited review. However, the chief shall issue a	2627
permit for a well or proposed well within an urbanized area within	2628
thirty days of the filing of the application unless the chief	2629
denies the application by order.	2630

(D) An applicant may file a request with the chief for	2631
expedited review of a permit application if the well is not or is	2632
not to be located in a gas storage reservoir or reservoir	2633
protective area, as "reservoir protective area" is defined in	2634
section 1571.01 of the Revised Code. If the well is or is to be	2635
located in a coal bearing township, the application shall be	2636
accompanied by the affidavit of the landowner prescribed in	2637
section 1509.08 of the Revised Code.	2638

In addition to a complete application for a permit that meets	2639
the requirements of this section and the permit fee prescribed by	2640
this section, a request for expedited review shall be accompanied	2641
by a separate nonrefundable filing fee of two hundred fifty	2642
dollars. Upon the filing of a request for expedited review, the	2643
chief shall cause the county engineer of the county in which the	2644
well is or is to be located to be notified of the filing of the	2645
permit application and the request for expedited review by	2646
telephone or other means that in the judgment of the chief will	2647
provide timely notice of the application and request. The chief	2648
shall issue a permit within seven days of the filing of the	2649
request unless the chief denies the application by order.	2650
Notwithstanding the provisions of this section governing expedited	2651
review of permit applications, the chief may refuse to accept	2652
requests for expedited review if, in the chief's judgment, the	2653
acceptance of the requests would prevent the issuance, within	2654
twenty-one days of their filing, of permits for which applications	2655
are pending.	2656

(E) A well shall be drilled and operated in accordance with	2657
the plans, sworn statements, and other information submitted in	2658
the approved application.	2659

(F) The chief shall issue an order denying a permit if the	2660
chief finds that there is a substantial risk that the operation	2661
will result in violations of this chapter or rules adopted under	2662
it that will present an imminent danger to public health or safety	2663
or damage to the environment, provided that where the chief finds	2664
that terms or conditions to the permit can reasonably be expected	2665
to prevent such violations, the chief shall issue the permit	2666
subject to those terms or conditions, including, if applicable,	2667
terms and conditions regarding subjects identified in rules	2668
adopted under section 1509.03 of the Revised Code. The issuance of	2669
a permit shall not be considered an order of the chief.	2670

The chief shall post notice of each permit that has been	2671
approved under this section on the division's web site not later	2672
than two business days after the application for a permit has been	2673
approved.	2674

(G) Each application for a permit required by section 1509.05	2675
of the Revised Code, except an application to plug back an	2676
existing well that is required by that section and an application	2677
for a well drilled or reopened for purposes of section 1509.22 of	2678
the Revised Code, also shall be accompanied by a nonrefundable fee	2679
as follows:	2680

(1) Five hundred dollars for a permit to conduct activities	2681
in a township with a population of fewer than ten thousand;	2682

(2) Seven hundred fifty dollars for a permit to conduct	2683
activities in a township with a population of ten thousand or	2684
more, but fewer than fifteen thousand;	2685

(3) One thousand dollars for a permit to conduct activities	2686
in either of the following:	2687

(a) A township with a population of fifteen thousand or more;

2688

(b) A municipal corporation regardless of population.

2689

(4) If the application is for a permit that requires	2690
mandatory pooling, an additional five thousand dollars.	2691

For purposes of calculating fee amounts, populations shall be	2692
determined using the most recent federal decennial census.	2693

Each application for the revision or reissuance of a permit	2694
shall be accompanied by a nonrefundable fee of two hundred fifty	2695
dollars.	2696

(H)(1) Prior to the commencement of well pad construction and	2697
prior to the issuance of a permit to drill a proposed horizontal	2698
well or a proposed well that is to be located in an urbanized	2699
area, the division shall conduct a site review to identify and	2700
evaluate any site-specific terms and conditions that may be	2701
attached to the permit. At the site review, a representative of	2702
the division shall consider fencing, screening, and landscaping	2703
requirements, if any, for similar structures in the community in	2704
which the well is proposed to be located. The terms and conditions	2705
that are attached to the permit shall include the establishment of	2706
fencing, screening, and landscaping requirements for the surface	2707
facilities of the proposed well, including a tank battery of the	2708
well.	2709

(2) Prior to the issuance of a permit to drill a proposed	2710
well, the division shall conduct a review to identify and evaluate	2711
any site-specific terms and conditions that may be attached to the	2712
permit if the proposed well will be located in a one-hundred-year	2713
floodplain or within the five-year time of travel associated with	2714
a public drinking water supply.	2715

(I) A permit shall be issued by the chief in accordance with	2716
this chapter. A permit issued under this section for a well that	2717
is or is to be located in an urbanized area shall be valid for	2718
twelve months, and all other permits issued under this section	2719
shall be valid for twenty-four months.	2720

(J) An applicant or a permittee, as applicable, shall submit	2721
to the chief an update of the information that is required under	2722
division (A)(8)(a) of this section if any of that information	2723
changes prior to commencement of production operations.	2724

(K) A permittee or a permittee's authorized representative	2725
shall notify an inspector from the division at least twenty-four	2726
hours, or another time period agreed to by the chief's authorized	2727
representative, prior to the commencement of well pad construction	2728
and of drilling, reopening, converting, well stimulation, or	2729
plugback operations.	2730

Sec. 1509.08.  Upon receipt of an application for a permit	2731
required by section 1509.05 of the Revised Code, or upon receipt	2732
of an application for a permit to plug and abandon under section	2733
1509.13 of the Revised Code, the chief of the division of oil and	2734
gas resources management shall determine whether the well is or is	2735
to be located in a coal bearing township.	2736

Whether or not the well is or is to be located in a coal	2737
bearing township, the chief, by order, may refuse to issue a	2738
permit required by section 1509.05 of the Revised Code to any	2739
applicant who at the time of applying for the permit is in	2740
material or substantial violation of this chapter or rules adopted	2741
or orders issued under it. The chief shall refuse to issue a	2742
permit to any applicant who at the time of applying for the permit	2743
has been found liable by a final nonappealable order of a court of	2744
competent jurisdiction for damage to streets, roads, highways,	2745
bridges, culverts, or drainways pursuant to section 4513.34 or	2746
5577.12 of the Revised Code until the applicant provides the chief	2747
with evidence of compliance with the order. No applicant shall	2748
attempt to circumvent this provision by applying for a permit	2749
under a different name or business organization name, by	2750
transferring responsibility to another person or entity, by	2751
abandoning the well or lease, or by any other similar act.	2752

If the well is not or is not to be located in a coal bearing	2753
township, or if it is to be located in a coal bearing township,	2754
but the landowner submits an affidavit attesting to ownership of	2755
the property in fee simple, including the coal, and has no	2756
objection to the well, the chief shall issue the permit.	2757

If the application to drill, reopen, or convert concerns a	2758
well that is or is to be located in a coal bearing township, the	2759
chief shall transmit to the chief of the division of mineral	2760
resources management two copies of the application and three	2761
copies of the map required in section 1509.06 of the Revised Code,	2762
except that, when the affidavit with the waiver of objection	2763
described above is submitted, the chief of the division of oil and	2764
gas resources management shall not transmit the copies.	2765

The chief of the division of mineral resources management	2766
immediately shall notify the owner or lessee of any affected mine	2767
that the application has been filed and send to the owner or	2768
lessee two copies of the map accompanying the application setting	2769
forth the location of the well.	2770

If the owner or lessee objects to the location of the well or	2771
objects to any location within fifty feet of the original location	2772
as a possible site for relocation of the well, the owner or lessee	2773
shall notify the chief of the division of mineral resources	2774
management of the objection, giving the reasons for the objection	2775
and, if applicable, indicating on a copy of the map the particular	2776
location or locations within fifty feet of the original location	2777
to which the owner or lessee objects as a site for possible	2778
relocation of the well, within six days after the receipt of the	2779
notice. If the chief receives no objections from the owner or	2780
lessee of the mine within ten days after the receipt of the notice	2781
by the owner or lessee, or if in the opinion of the chief the	2782
objections offered by the owner or lessee are not sufficiently	2783
well founded, the chief immediately shall notify the owner or	2784
lessee of those findings. The owner or lessee may appeal the	2785
decision of the chief to the reclamation commission under section	2786
1513.13 of the Revised Code. The appeal shall be filed within	2787
fifteen days, notwithstanding provisions in divisionsdivision	2788
(A)(1) of section 1513.13 of the Revised Code to the contrary,	2789
from the date on which the owner or lessee receives the notice. If	2790
the appeal is not filed within that time, the chief immediately	2791
shall approve the application, retain a copy of the application	2792
and map, and return a copy of the application to the chief of the	2793
division of oil and gas resources management with the approval	2794
noted on it. The chief of the division of oil and gas resources	2795
management then shall issue the permit if the provisions of this	2796
chapter pertaining to the issuance of such a permit have been	2797
complied with.	2798

If the chief of the division of mineral resources management	2799
receives an objection from the owner or lessee of the mine as to	2800
the location of the well within ten days after receipt of the	2801
notice by the owner or lessee, and if in the opinion of the chief	2802
the objection is well founded, the chief shall disapprove the	2803
application and immediately return it to the chief of the division	2804
of oil and gas resources management together with the reasons for	2805
disapproval and a suggestion for a new location for the well,	2806
provided that the suggested new location shall not be a location	2807
within fifty feet of the original location to which the owner or	2808
lessee has objected as a site for possible relocation of the well	2809
if the chief of the division of mineral resources management has	2810
determined that the objection is well founded. The chief of the	2811
division of oil and gas resources management immediately shall	2812
notify the applicant for the permit of the disapproval and any	2813
suggestion made by the chief of the division of mineral resources	2814
management as to a new location for the well. The applicant may	2815
withdraw the application or amend the application to drill the	2816
well at the location suggested by the chief, or the applicant may	2817
appeal the disapproval of the application by the chief to the	2818
reclamation commission.	2819

If the chief of the division of mineral resources management	2820
receives no objection from the owner or lessee of a mine as to the	2821
location of the well, but does receive an objection from the owner	2822
or lessee as to one or more locations within fifty feet of the	2823
original location as possible sites for relocation of the well	2824
within ten days after receipt of the notice by the owner or	2825
lessee, and if in the opinion of the chief the objection is well	2826
founded, the chief nevertheless shall approve the application and	2827
shall return it immediately to the chief of the division of oil	2828
and gas resources management together with the reasons for	2829
disapproving any of the locations to which the owner or lessee	2830
objects as possible sites for the relocation of the well. The	2831
chief of the division of oil and gas resources management then	2832
shall issue a permit if the provisions of this chapter pertaining	2833
to the issuance of such a permit have been complied with,	2834
incorporating as a term or condition of the permit that the	2835
applicant is prohibited from commencing drilling at any location	2836
within fifty feet of the original location that has been	2837
disapproved by the chief of the division of mineral resources	2838
management. The applicant may appeal to the reclamation commission	2839
the terms and conditions of the permit prohibiting the	2840
commencement of drilling at any such location disapproved by the	2841
chief of the division of mineral resources management.	2842

Any such appeal shall be filed within fifteen days,	2843
notwithstanding provisions in division (A)(1) of section 1513.13	2844
of the Revised Code to the contrary, from the date the applicant	2845
receives notice of the disapproval of the application, any other	2846
location within fifty feet of the original location, or terms or	2847
conditions of the permit, or the owner or lessee receives notice	2848
of the chief's decision. No approval or disapproval of an	2849
application shall be delayed by the chief of the division of	2850
mineral resources management for more than fifteen days from the	2851
date of sending the notice of the application to the mine owner or	2852
lessee as required by this section.	2853

All appeals provided for in this section shall be treated as	2854
expedited appeals. The reclamation commission shall hear any such	2855
appeal in accordance with section 1513.13 of the Revised Code and	2856
issue a decision within thirty days of the filing of the notice of	2857
appeal.	2858

The chief of the division of oil and gas resources management	2859
shall not issue a permit to drill a new well or reopen a well that	2860
is or is to be located within three hundred feet of any opening of	2861
any mine used as a means of ingress, egress, or ventilation for	2862
persons employed in the mine, nor within one hundred feet of any	2863
building or inflammable structure connected with the mine and	2864
actually used as a part of the operating equipment of the mine,	2865
unless the chief of the division of mineral resources management	2866
determines that life or property will not be endangered by	2867
drilling and operating the well in that location.	2868

The chief of the division of mineral resources management may	2869
suspend the drilling or reopening of a well in a coal bearing	2870
township after determining that the drilling or reopening	2871
activities present an imminent and substantial threat to public	2872
health or safety or to miners' health or safety and having been	2873
unable to contact the chief of the division of oil and gas	2874
resources management to request an order of suspension under	2875
section 1509.06 of the Revised Code. Before issuing a suspension	2876
order for that purpose, the chief of the division of mineral	2877
resources management shall notify the owner in a manner that in	2878
the chief's judgment would provide reasonable notification that	2879
the chief intends to issue a suspension order. The chief may issue	2880
such an order without prior notification if reasonable attempts to	2881
notify the owner have failed, but in that event notification shall	2882
be given as soon thereafter as practical. Within five calendar	2883
days after the issuance of the order, the chief shall provide the	2884
owner an opportunity to be heard and to present evidence that the	2885
activities do not present an imminent and substantial threat to	2886
public health or safety or to miners' health or safety. If, after	2887
considering the evidence presented by the owner, the chief	2888
determines that the activities do not present such a threat, the	2889
chief shall revoke the suspension order. An owner may appeal a	2890
suspension order issued by the chief of the division of mineral	2891
resources management under this section to the reclamation	2892
commission in accordance with section 1513.13 of the Revised Code	2893
or may appeal the order directly to the court of common pleas of	2894
the county in which the well is located.	2895

Sec. 1509.061.        Sec. 1509.091.  An owner of a well who has been	2896
issued a permit under section 1509.06 of the Revised Code may	2897
submit to the chief of the division of oil and gas resources	2898
management, on a form prescribed by the chief, a request to revise	2899
an existing tract upon which exists a producing or idle well. The	2900
chief shall adopt, and may amend and rescind, rules under section	2901
1509.03 of the Revised Code that are necessary for the	2902
administration of this section. The rules at least shall stipulate	2903
the information to be included on the request form and shall	2904
establish a fee to be paid by the person submitting the request,	2905
which fee shall not exceed two hundred fifty dollars.	2906

The chief shall approve a request submitted under this	2907
section unless it would result in a violation of this chapter or	2908
rules adopted under it, including provisions establishing spacing	2909
or minimum acreage requirements.	2910

Sec. 1509.11. (A)(1) The owner of any well, except a	2911
horizontal well, that is producing or capable of producing oil or	2912
gas shall file with the chief of the division of oil and gas	2913
resources management, on or before the thirty-first day of March,	2914
a statement of production of oil, gas, and brine for the last	2915
preceding calendar year in such form as the chief may prescribe.	2916
An owner that has more than one hundred such wells in this state	2917
shall submit electronically the statement of production in a	2918
format that is approved by the chief. The chief shall include on	2919
the form, at the minimum, a request for the submittal of the	2920
information that a person who is regulated under this chapter is	2921
required to submit under the "Emergency Planning and Community	2922
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	2923
regulations adopted under it, and that the division of oil and gas	2924
resources management does not obtain through other reporting	2925
mechanisms.	2926

(2) The owner of any horizontal well that is producing or	2927
capable of producing oil or gas shall file with the chief, on the	2928
forty-fifth day following the close of each calendar quarter, a	2929
statement of production of oil, gas, and brine for the preceding	2930
calendar quarter in a form that the chief prescribes. An owner	2931
that has more than one hundred horizontal wells in this state	2932
shall submit electronically the statement of production in a	2933
format that is approved by the chief. The chief shall include on	2934
the form, at a minimum, a request for the submittal of the	2935
information that a person who is regulated under this chapter is	2936
required to submit under the "Emergency Planning and Community	2937
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	2938
regulations adopted under it, and that the division does not	2939
obtain through other reporting mechanisms.	2940

(B) The chief shall not disclose information received from	2941
the department of taxation under division (C)(12) of section	2942
5703.21 of the Revised Code until the related statement of	2943
production required by division (A) of this section is filed with	2944
the chief.	2945

Sec. 1509.222.  (A)(1) Except as provided in section 1509.226	2946
of the Revised Code, no person shall transport brine by vehicle in	2947
this state unless the business entity that employs the person	2948
first registers with and obtains a registration certificate and	2949
identification number from the chief of the division of oil and	2950
gas resources management.	2951

(2) No more than one registration certificate shall be	2952
required of any business entity. Registration certificates issued	2953
under this section are not transferable. An applicant shall file	2954
an application with the chief, containing such information in such	2955
form as the chief prescribes. The application shall include at	2956
least all of the following:	2957

(a) A list that identifies each pipeline, vehicle, vessel,	2958
railcar, and container that will be used in the transportation of	2959
brine;	2960

(b) A plan for disposal that provides for compliance with the	2961
requirements of this chapter and rules of the chief pertaining to	2962
the transportation of brine by vehicle and the disposal of brine	2963
so transported and that lists all disposal sites that the	2964
applicant intends to use;	2965

(c) The bond required by section 1509.225 of the Revised	2966
Code;	2967

(d) A certificate issued by an insurance company authorized	2968
to do business in this state certifying that the applicant has in	2969
force a liability insurance policy in an amount not less than	2970
three hundred thousand dollars bodily injury coverage and three	2971
hundred thousand dollars property damage coverage to pay damages	2972
for injury to persons or property caused by the collecting,	2973
handling, transportation, or disposal of brine.	2974

The insurance policy required by division (A)(2)(d) of this	2975
section shall be maintained in effect during the term of the	2976
registration certificate. The policy or policies providing the	2977
coverage shall require the insurance company to give notice to the	2978
chief if the policy or policies lapse for any reason. Upon such	2979
termination of the policy, the chief may suspend the registration	2980
certificate until proper insurance coverage is obtained.	2981

(3) Each application for a registration certificate shall be	2982
accompanied by a nonrefundable fee of five hundred dollars.	2983

(4) If a business entity that has been issued a registration	2984
certificate under this section changes its name due to a business	2985
reorganization or merger, the business entity shall revise the	2986
bond or certificates of deposit required by section 1509.225 of	2987
the Revised Code and obtain a new certificate from an insurance	2988
company in accordance with division (A)(2)(e)(d) of this section	2989
to reflect the change in the name of the business entity.	2990

(B) The chief shall issue an order denying an application for	2991
a registration certificate if the chief finds that either of the	2992
following applies:	2993

(1) The applicant, at the time of applying for the	2994
registration certificate, has been found liable by a final	2995
nonappealable order of a court of competent jurisdiction for	2996
damage to streets, roads, highways, bridges, culverts, or	2997
drainways pursuant to section 4513.34 or 5577.12 of the Revised	2998
Code until the applicant provides the chief with evidence of	2999
compliance with the order.	3000

(2) The applicant's plan for disposal does not provide for	3001
compliance with the requirements of this chapter and rules of the	3002
chief pertaining to the transportation of brine by vehicle and the	3003
disposal of brine so transported.	3004

(C) No applicant shall attempt to circumvent division (B) of	3005
this section by applying for a registration certificate under a	3006
different name or business organization name, by transferring	3007
responsibility to another person or entity, or by any similar act.	3008

(D) A registered transporter shall not allow any other person	3009
to use the transporter's registration certificate to transport	3010
brine.	3011

(E) A registered transporter shall apply to revise a disposal	3012
plan under procedures that the chief shall prescribe by rule.	3013
However, at a minimum, an application for a revision shall list	3014
all sources and disposal sites of brine currently transported. The	3015
chief shall deny any application for a revision of a plan under	3016
this division if the chief finds that the proposed revised plan	3017
does not provide for compliance with the requirements of this	3018
chapter and rules of the chief pertaining to the transportation of	3019
brine by vehicle and the disposal of brine so transported.	3020
Approvals and denials of revisions shall be by order of the chief.	3021

(E)(F) The chief may adopt rules, issue orders, and attach	3022
terms and conditions to registration certificates as may be	3023
necessary to administer, implement, and enforce sections 1509.222	3024
to 1509.226 of the Revised Code for protection of public health or	3025
safety or conservation of natural resources.	3026

Sec. 1509.223.  (A)(1) No permit holder or owner of a well	3027
shall enter into an agreement with or permit any person to	3028
transport brine produced from the well who is not registered	3029
pursuant to section 1509.222 of the Revised Code or exempt from	3030
registration under section 1509.226 of the Revised Code.	3031

(2) No permit holder or owner of a well for which a permit	3032
has been issued under division (D) of section 1509.22 of the	3033
Revised Code shall enter into an agreement with or permit any	3034
person who is not registered pursuant to section 1509.222 of the	3035
Revised Code to dispose of brine at the well.	3036

(B) Each registered transporter shall file with the chief of	3037
the division of oil and gas resources management, on or before the	3038
fifteenth day of April, a statement concerning brine transported,	3039
including quantities transported and source and delivery points,	3040
during the last preceding calendar year, and such other	3041
information in such form as the chief may prescribe.	3042

(C) Each registered transporter shall keep on each vehicle,	3043
vessel, railcar, and container used to transport brine a daily log	3044
and have it available upon the request of the chief or, an	3045
authorized representative of the chief, or a peace officer. In	3046
addition, each registered transporter shall keep a daily log for	3047
each pipeline used to transport brine and have it available upon	3048
the request of the chief, an authorized representative of the	3049
chief, or a peace officer. The log shall, at a minimum, include	3050
all of the following information:	3051

(1) The name of the owner or owners of the well or wells	3052
producing the brine to be transported;	3053

(2) The date and time the brine is loaded or transported	3054
through a pipeline, as applicable;	3055

(3) The name of the driver, if applicable;

3056

(4) The amount of brine loaded at each collection point or	3057
the amount of brine transported through a pipeline, as applicable;	3058

(5) The disposal location;

3059

(6) The date and time the brine is disposed of and the amount	3060
of brine disposed of at each location.	3061

The chief, by rule, may establish procedures for the	3062
electronic submission to the chief of the information that is	3063
required to be included in thea daily log. No registered	3064
transporter shall falsify or fail to keep or submit thea log	3065
required by this division.	3066

(D) Each registered transporter shall legibly identify with	3067
reflective paints all vehicles, vessels, railcars, and containers	3068
employed in transporting or disposing of brine. Letters shall be	3069
no less than four inches in height and shall indicate the	3070
identification number issued by the chief, the word "brine," and	3071
the name and telephone number of the transporter.	3072

Each registered transporter shall legibly identify each	3073
pipeline employed in transporting or disposing of brine on the	3074
surface of the ground in a manner similar to the identification of	3075
underground gas lines. The identification shall include the	3076
identification number issued by the chief, the word "brine," and	3077
the name and telephone number of the transporter.	3078

(E) The chief shall maintain and keep a current list of	3079
persons registered to transport brine under section 1509.222 of	3080
the Revised Code. The list shall be open to public inspection. It	3081
is an affirmative defense to a charge under division (A) of this	3082
section that at the time the permit holder or owner of a well	3083
entered into an agreement with or permitted a person to transport	3084
or dispose of brine, the person was shown on the list as currently	3085
registered to transport brine.	3086

Sec. 1509.23. (A) Rules of the chief of the division of oil	3087
and gas resources management may specify practices to be followed	3088
in the drilling and treatment of wells, production of oil and gas,	3089
and plugging of wells for protection of public health or safety or	3090
to prevent damage to natural resources, including specification of	3091
the following:	3092

(1)(A) Appropriate devices;

3093

(2)(B) Minimum distances that wells and other excavations,	3094
structures, and equipment shall be located from water wells,	3095
streets, roads, highways, rivers, lakes, streams, ponds, other	3096
bodies of water, railroad tracks, public or private recreational	3097
areas, zoning districts, and buildings or other structures. Rules	3098
adopted under this division (A)(2) of this section shall not	3099
conflict with section 1509.021 of the Revised Code.	3100

(3)(C) Other methods of operation;

3101

(4)(D) Procedures, methods, and equipment and other	3102
requirements for equipment to prevent and contain discharges of	3103
oil and brine from oil production facilities and oil drilling and	3104
workover facilities consistent with and equivalent in scope,	3105
content, and coverage to section 311(j)(1)(c) of the "Federal	3106
Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33	3107
U.S.C.A. 1251, as amended, and regulations adopted under it. In	3108
addition, the rules may specify procedures, methods, and equipment	3109
and other requirements for equipment to prevent and contain	3110
surface and subsurface discharges of fluids, condensates, and	3111
gases.	3112

(5)(E) Notifications;

3113

(6)(F) Requirements governing the location and construction	3114
of fresh water impoundments that are part of a production	3115
operation.	3116

(B) The chief, in consultation with the emergency response	3117
commission created in section 3750.02 of the Revised Code, shall	3118
adopt rules in accordance with Chapter 119. of the Revised Code	3119
that specify the information that shall be included in an	3120
electronic database that the chief shall create and host. The	3121
information shall be that which the chief considers to be	3122
appropriate for the purpose of responding to emergency situations	3123
that pose a threat to public health or safety or the environment.	3124
At the minimum, the information shall include that which a person	3125
who is regulated under this chapter is required to submit under	3126
the "Emergency Planning and Community Right-To-Know Act of 1986,"	3127
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	3128
it.	3129

In addition, the rules shall specify whether and to what	3130
extent the database and the information that it contains will be	3131
made accessible to the public. The rules shall ensure that the	3132
database will be made available via the internet or a system of	3133
computer disks to the emergency response commission and to every	3134
local emergency planning committee and fire department in this	3135
state.	3136

Sec. 1509.27.  If a tract of land is of insufficient size or	3137
shape to meet the requirements for drilling a well thereon as	3138
provided in section 1509.24 or 1509.25 of the Revised Code,	3139
whichever is applicable, and the owner of the tract who also is	3140
the owner of the mineral interest has been unable to form a	3141
drilling unit under agreement as provided in section 1509.26 of	3142
the Revised Code, on a just and equitable basis, such an owner may	3143
make application to the division of oil and gas resources	3144
management for a mandatory pooling order.	3145

The application shall include information as shall be	3146
reasonably required by the chief of the division of oil and gas	3147
resources management and shall be accompanied by an application	3148
for a permit as required by section 1509.05 of the Revised Code.	3149
The chief shall notify all mineral rights owners of landtracts	3150
within the area proposed to be pooled by an order and included	3151
within the drilling unit of the filing of the application and of	3152
their right to a hearing. After the hearing or after the	3153
expiration of thirty days from the date notice of application was	3154
mailed to such owners, the chief, if satisfied that the	3155
application is proper in form and that mandatory pooling is	3156
necessary to protect correlative rights and to provide effective	3157
development, use, and conservation of oil and gas, shall issue a	3158
drilling permit and a mandatory pooling order complying with the	3159
requirements for drilling a well as provided in section 1509.24 or	3160
1509.25 of the Revised Code, whichever is applicable. The	3161
mandatory pooling order shall:	3162

(A) Designate the boundaries of the drilling unit within	3163
which the well shall be drilled;	3164

(B) Designate the proposed production site;

3165

(C) Describe each separately owned tract or part thereof	3166
pooled by the order;	3167

(D) Allocate on a surface acreage basis a pro rata portion of	3168
the production to the owner of each tract pooled by the order. The	3169
pro rata portion shall be in the same proportion that the	3170
percentage of the owner'stract's acreage is to the state minimum	3171
acreage requirements established in rules adopted under this	3172
chapter for a drilling unit unless the applicant demonstrates to	3173
the chief using geological evidence that the geologic structure	3174
containing the oil or gas is larger than the minimum acreage	3175
requirement in which case the pro rata portion shall be in the	3176
same proportion that the percentage of the owner'stract's acreage	3177
is to the geologic structure.	3178

(E) Specify the basis upon which each mineral rights owner of	3179
a tract pooled by the order shall share all reasonable costs and	3180
expenses of drilling and producing if the mineral rights owner	3181
elects to participate in the drilling and operation of the well;	3182

(F) Designate the person to whom the permit shall be issued.

3183

A person shall not submit more than five applications for	3184
mandatory pooling orders per year under this section unless	3185
otherwise approved by the chief.	3186

No surface operations or disturbances to the surface of the	3187
land shall occur on a tract pooled by an order without the written	3188
consent of or a written agreement with the surface rights owner of	3189
the tract that approves the operations or disturbances.	3190

If ana mineral rights owner of a tract pooled by the order	3191
does not elect to participate in the risk and cost of the drilling	3192
and operation of a well, the mineral rights owner shall be	3193
designated as a nonparticipating owner in the drilling and	3194
operation of the well on a limited or carried basis and is subject	3195
to terms and conditions determined by the chief to be just and	3196
reasonable. In addition, if ana mineral rights owner is	3197
designated as a nonparticipating owner, the mineral rights owner	3198
is not liable for actions or conditions associated with the	3199
drilling or operation of the well. If the applicant bears the	3200
costs of drilling, equipping, and operating a well for the benefit	3201
of a nonparticipating owner, as provided for in the pooling order,	3202
then the applicant shall be entitled to the share of production	3203
from the drilling unit accruing to the interest of that	3204
nonparticipating owner, exclusive of the nonparticipating owner's	3205
proportionate share of the royalty interest until there has been	3206
received the share of costs charged to that nonparticipating owner	3207
plus such additional percentage of the share of costs as the chief	3208
shall determine. The total amount receivable hereunder shall in no	3209
event exceed two hundred per cent of the share of costs charged to	3210
that nonparticipating owner. After receipt of that share of costs	3211
by such an applicant, a nonparticipating owner shall receive a	3212
proportionate share of the working interest in the well in	3213
addition to a proportionate share of the royalty interest, if any.	3214

If there is a dispute as to costs of drilling, equipping, or	3215
operating a well, the chief shall determine those costs.	3216

Sec. 1509.33.  (A) Whoever violates sections 1509.01 to	3217
1509.31 of the Revised Code, or any rules adopted or orders or	3218
terms or conditions of a permit or registration certificate issued	3219
pursuant to these sections for which no specific penalty is	3220
provided in this section, shall pay a civil penalty of not more	3221
than fourten thousand dollars for each offense.	3222

(B) Whoever violates section 1509.221 of the Revised Code or	3223
any rules adopted or orders or terms or conditions of a permit	3224
issued thereunder shall pay a civil penalty of not more than two	3225
ten thousand five hundred dollars for each violation.	3226

(C) Whoever violates division (D) of section 1509.22 or	3227
division (A)(1) of section 1509.222 of the Revised Code shall pay	3228
a civil penalty of not less than two thousand five hundred dollars	3229
nor more than twenty thousand dollars for each violation.	3230

(D) Whoever violates division (A) of section 1509.22 of the	3231
Revised Code shall pay a civil penalty of not less than two	3232
thousand five hundred dollars nor more than ten thousand dollars	3233
for each violation.	3234

(E) Whoever violates division (A) of section 1509.223 of the	3235
Revised Code shall pay a civil penalty of not more than ten	3236
thousand dollars for each violation.	3237

(F) Whoever violates section 1509.072 of the Revised Code or	3238
any rules adopted or orders issued to administer, implement, or	3239
enforce that section shall pay a civil penalty of not more than	3240
five thousand dollars for each violation.	3241

(G) In addition to any other penalties provided in this	3242
chapter, whoever violates section 1509.05, section 1509.21,	3243
division (B) of section 1509.22, or division (A)(1) of section	3244
1509.222 of the Revised Code or a term or condition of a permit or	3245
an order issued by the chief of the division of oil and gas	3246
resources management under this chapter or knowingly violates	3247
division (A) of section 1509.223 of the Revised Code is liable for	3248
any damage or injury caused by the violation and for the cost of	3249
rectifying the violation and conditions caused by the violation.	3250
If two or more persons knowingly violate one or more of those	3251
divisions in connection with the same event, activity, or	3252
transaction, they are jointly and severally liable under this	3253
division.	3254

(H) The attorney general, upon the request of the chief of	3255
the division of oil and gas resources management, shall commence	3256
an action under this section against any person who violates	3257
sections 1509.01 to 1509.31 of the Revised Code, or any rules	3258
adopted or orders or terms or conditions of a permit or	3259
registration certificate issued pursuant to these sections. Any	3260
action under this section is a civil action, governed by the Rules	3261
of Civil Procedure and other rules of practice and procedure	3262
applicable to civil actions. The remedy provided in this division	3263
is cumulative and concurrent with any other remedy provided in	3264
this chapter, and the existence or exercise of one remedy does not	3265
prevent the exercise of any other, except that no person shall be	3266
subject to both a civil penalty under division (A), (B), (C), or	3267
(D) of this section and a criminal penalty underfine established	3268
in section 1509.99 of the Revised Code for the same offense.	3269

(I) For purposes of this section, each day of violation	3270
constitutes a separate offense.	3271

Sec. 1509.99.  (A) Whoever violates sections 1509.01 to	3272
1509.31 of the Revised Code or any rules adopted or orders or	3273
terms or conditions of a permit issued pursuant to these sections	3274
for which no specific penalty is provided in this section shall be	3275
fined not less than onefive hundred nor more than onefive	3276
thousand dollars and imprisoned for not more than six months for a	3277
first offense; for each subsequent offense the person shall be	3278
fined not less than two hundredone thousand nor more than twoten	3279
thousand dollars and imprisoned for not more than one year.	3280

(B) Whoever violates section 1509.221 of the Revised Code or	3281
any rules adopted or orders or terms or conditions of a permit	3282
issued thereunder shall be fined not more than five thousand	3283
dollars for each day of each violation.	3284

(C) Whoever knowingly violates section 1509.072, division	3285
(A), (B), or (D) of section 1509.22, division (A)(1) or (C) of	3286
section 1509.222, or division (A) or (D) of section 1509.223 of	3287
the Revised Code or any rules adopted or orders issued under	3288
division (C) of section 1509.22 or rules adopted or orders or	3289
terms or conditions of a registration certificate issued under	3290
division (E)(F) of section 1509.222 of the Revised Code is guilty	3291
of a felony and shall be fined not less than ten thousand dollars	3292
nor more than fifty thousand dollars or imprisoned for six months	3293
three years, or both for a first offense; for each subsequent	3294
offense the person shall be fined not less than twenty thousand	3295
dollars nor more than one hundred thousand dollars or imprisoned	3296
for twosix years, or both. Whoever negligently violates those	3297
divisions, sections, rules, orders, or terms or conditions of a	3298
registration certificate is guilty of a felony and shall be fined	3299
not moreless than five thousand dollars nor more than twenty-five	3300
thousand dollars or imprisoned for not more than one year, or	3301
both; for each subsequent offense the person shall be fined not	3302
less than ten thousand dollars nor more than fifty thousand	3303
dollars or imprisoned for two years, or both.	3304

(D) Whoever negligently violates division (C) of section	3305
1509.223 of the Revised Code shall be fined not more than five	3306
hundredone thousand dollars for a first offense and not more than	3307
oneten thousand dollars for a subsequent offense.	3308

(E) If a person is convicted of or pleads guilty to a	3309
violation of any section of this chapter, in addition to the	3310
financial sanctions authorized by this chapter or section 2929.18	3311
or 2929.28 or any other section of the Revised Code, the court	3312
imposing the sentence on the person may order the person to	3313
reimburse the state agency or a political subdivision for any	3314
response costs that it incurred in responding to the violation,	3315
including the cost of rectifying the violation and conditions	3316
caused by the violation.	3317

(F) The prosecuting attorney of the county in which the	3318
offense was committed or the attorney general may prosecute an	3319
action under this section.	3320

(F)(G) For purposes of this section, each day of violation	3321
constitutes a separate offense.	3322

Sec. 1511.01. For the purposes ofAs used in this chapter:

3323

(A) "Conservation" means the wise use and management of	3324
natural resources.	3325

(B) "Critical natural resource area" means an area identified	3326
by the director of natural resources in which occurs a natural	3327
resource that requires special management because of its	3328
importance to the well-being of the surrounding communities, the	3329
region, or the state.	3330

(C) "PollutionErosion and sediment abatement practice" means	3331
any erosion control or animal waste pollution abatement facility,	3332
and sediment reduction structure, practice, or procedure and the	3333
design, operation, and management associated with it as contained	3334
in operation and management plans developed or approved by the	3335
chief of the division of soil and water resources or by boards of	3336
supervisors of soil and water conservation districts established	3337
under Chapter 1515. of the Revised Code.	3338

(D) "AgriculturalSediment pollution" means failure to use	3339
management or conservation practices in farming or silvicultural	3340
operations to abate wind or water erosion of the soil or to abate	3341
that may result in the degradation of the waters of the state by	3342
animal waste or soil sediment, including attached substances	3343
attached thereto.	3344

(E) "Waters of the state" means all streams, lakes, ponds,	3345
wetlands, watercourses, waterways, wells, springs, irrigation	3346
systems, drainage systems, and all other bodies or accumulations	3347
of water, surface and underground, natural or artificial,	3348
regardless of the depth of the strata in which underground water	3349
is located, that are situated wholly or partly within, or border	3350
upon, this state or are within its jurisdiction, except those	3351
private waters that do not combine or effect a junction with	3352
natural surface or underground waters.	3353

(F) "Operation and management plan" means a written record,	3354
developed or approved by the district board of supervisors of a	3355
soil and water conservation district or the chief, for the owner	3356
or operator of agricultural land or a concentrated animal feeding	3357
operation that contains implementation schedules and operational	3358
procedures for a level of management and pollutionerosion and	3359
sediment abatement practices that will abate the degradation of	3360
the waters of the state by animal waste and by soil sediment,	3361
including attached pollutants.	3362

(G) "Animal waste" means animal excreta, discarded products,	3363
bedding, wash waters, waste feed, and silage drainage. "Animal	3364
waste" also includes the compost products resulting from the	3365
composting of dead animals in operations subject to section	3366
1511.022 of the Revised Code when either of the following applies:	3367

(1) The composting is conducted by the person who raises the	3368
animals and the compost product is used in agricultural operations	3369
owned or operated by that person, regardless of whether the person	3370
owns the animals;	3371

(2) The composting is conducted by the person who owns the	3372
animals, but does not raise them and the compost product is used	3373
in agricultural operations either by a person who raises the	3374
animals or by a person who raises grain that is used to feed them	3375
and that is supplied by the owner of the animals.	3376

(H) "Composting" means the controlled decomposition of	3377
organic solid material consisting of dead animals that stabilizes	3378
the organic fraction of the material"Soil erosion management	3379
plan" means a written record, developed or approved by the board	3380
of supervisors of a soil and water conservation district or the	3381
chief, that may contain implementation schedules and operational	3382
procedures for a level of land and water management that will	3383
abate wind or water erosion of the soil or abate the degradation	3384
of the waters of the state by sediment from agricultural	3385
operations.	3386

(H) "Soil and water conservation district" has the same	3387
meaning as in section 1515.01 of the Revised Code.	3388

(I) "Timber harvest plan" means a written record, developed	3389
or approved by the board of supervisors of a soil and water	3390
conservation district or the chief, that may contain	3391
implementation schedules and operational procedures for a level of	3392
land and water management that will abate wind or water erosion of	3393
the soil or abate the degradation of the waters of the state by	3394
sediment from timber operations.	3395

Sec. 1511.02.  The chief of the division of soil and water	3396
resources, subject to the approval of the director of natural	3397
resources, shall do all of the following:	3398

(A) Provide administrative leadership to local soil and water	3399
conservation districts in planning, budgeting, staffing, and	3400
administering district programs and the training of district	3401
supervisors and personnel in their duties, responsibilities, and	3402
authorities as prescribed in this chapter and Chapter 1515. of the	3403
Revised Code;	3404

(B) Administer this chapter and Chapter 1515. of the Revised	3405
Code pertaining to state responsibilities and provide staff	3406
assistance to the Ohio soil and water conservation commission in	3407
exercising its statutory responsibilities;	3408

(C) Assist in expediting state responsibilities for watershed	3409
development and other natural resource conservation works of	3410
improvement;	3411

(D) Coordinate the development and implementation of	3412
cooperative programs and working agreements between local soil and	3413
water conservation districts and divisions or sections of the	3414
department of natural resources, or other agencies of local,	3415
state, and federal government;	3416

(E) Subject to the approval of the Ohio soil and water	3417
conservation commission, adopt, amend, or rescind rules pursuant	3418
to Chapter 119. of the Revised Code. Rules adopted pursuant to	3419
this section:	3420

(1) Shall establish technically feasible and economically	3421
reasonable standards to achieve a level of management and	3422
conservation practices in farming or silvicultural operations that	3423
will abate wind or water erosion of the soil or abate the	3424
degradation of the waters of the state by animal waste or by soil	3425
sediment, including attached substances attached thereto, and	3426
establish criteria for determination of the acceptability of such	3427
management and conservation practices;	3428

(2) Shall establish technically feasible and economically	3429
reasonable standards to achieve a level of management and	3430
conservation practices that will abate wind or water erosion of	3431
the soil or abate the degradation of the waters of the state by	3432
soil sediment in conjunction with land grading, excavating,	3433
filling, or other soil-disturbing activities on land used or being	3434
developed for nonfarm commercial, industrial, residential, or	3435
other nonfarm purposes, and establish criteria for determination	3436
of the acceptability of such management and conservation	3437
practices. The standards shall be designed to implement applicable	3438
areawide waste treatment management plans prepared under section	3439
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	3440
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	3441
shall not apply in any municipal corporation or county that adopts	3442
ordinances or rules pertaining to sediment control, nor to lands	3443
being used in a strip mine operation as defined in section 1513.01	3444
of the Revised Code, nor to lands being used in a surface mining	3445
operation as defined in section 1514.01 of the Revised Code.	3446

(3) May recommend criteria and procedures for the approval of	3447
urban sediment pollution abatement plans and issuance of permits	3448
prior to any grading, excavating, filling, or other whole or	3449
partial disturbance of five or more contiguous acres of land owned	3450
by one person or operated as one development unit and require	3451
implementation of such a plan. Areas of less than five contiguous	3452
acres are not exempt from compliance with other provisions of this	3453
chapter and rules adopted under them.	3454

(4) Shall establish procedures for administration of rules	3455
for agriculturalsediment pollution abatement and urban sediment	3456
pollution abatement and for enforcement of rules for agricultural	3457
pollution abatement;	3458

(5) Shall specify the pollutionerosion and sediment	3459
abatement practices eligible for state cost sharing and determine	3460
the conditions for eligibility, the construction standards and	3461
specifications, the useful life, the maintenance requirements, and	3462
the limits of cost sharing for those practices. Eligible practices	3463
shall be limited to practices that address agricultural or	3464
silvicultural operations and that require expenditures that are	3465
likely to exceed the economic returns to the owner or operator and	3466
that abate soil erosion or degradation of the waters of the state	3467
by animal waste or soil sediment, including attached pollutants	3468
attached thereto.	3469

(6) Shall establish procedures for administering grants to	3470
owners or operators of agricultural land or concentrated animal	3471
feeding operations for the implementation of operation and	3472
management plans;	3473

(7) Shall establish procedures for administering grants to	3474
soil and water conservation districts for urban sediment pollution	3475
abatement programs, specify the types of projects eligible for	3476
grants, establish limits on the availability of grants, and	3477
establish requirements governing the execution of projects to	3478
encourage the reduction of erosion and sedimentation associated	3479
with soil-disturbing activities;	3480

(8) Shall do all of the following with regard to composting	3481
conducted in conjunction with agricultural operations:	3482

(a) Provide for the distribution of educational material	3483
concerning composting to the offices of OSU extension for the	3484
purposes of section 1511.022 of the Revised Code;	3485

(b) Establish methods, techniques, or practices for	3486
composting dead animals, or particular types of dead animals, that	3487
are to be used at such operations, as the chief considers to be	3488
necessary or appropriate;	3489

(c) Establish requirements and procedures governing the	3490
review and approval or disapproval of composting plans by the	3491
supervisors of soil and water conservation districts under	3492
division (Q) of section 1515.08 of the Revised Code.	3493

(9) Shall be adopted, amended, or rescinded after the chief	3494
does all of the following:	3495

(a) Mails notice to each statewide organization that the	3496
chief determines represents persons or local governmental agencies	3497
who would be affected by the proposed rule, amendment thereto, or	3498
rescission thereof at least thirty-five days before any public	3499
hearing thereon;	3500

(b) Mails a copy of each proposed rule, amendment thereto, or	3501
rescission thereof to any person who requests a copy, within five	3502
days after receipt of the request;	3503

(c) Consults with appropriate state and local governmental	3504
agencies or their representatives, including statewide	3505
organizations of local governmental officials, industrial	3506
representatives, and other interested persons;	3507

(d) If the rule relates to agricultural pollution abatement,	3508
develops an economic impact statement concerning the effect of the	3509
proposed rule or amendment.	3510

(10)(9) Shall not conflict with air or water quality	3511
standards adopted pursuant to section 3704.03 or 6111.041 of the	3512
Revised Code. Compliance with rules adopted pursuant to this	3513
section does not affect liability for noncompliance with air or	3514
water quality standards adopted pursuant to section 3704.03 or	3515
6111.041 of the Revised Code. The application of a level of	3516
management and conservation practices recommended under this	3517
section to control windblown soil from farming operations creates	3518
a presumption of compliance with section 3704.03 of the Revised	3519
Code as that section applies to windblown soil.	3520

(11)(10) Insofar as the rules relate to urban sediment	3521
pollution, shall not be applicable in a municipal corporation or	3522
county that adopts ordinances or rules for urban sediment control,	3523
except that a municipal corporation or county that adopts such	3524
ordinances or rules may receive moneys for urban sediment control	3525
that are disbursed by the board of supervisors of the applicable	3526
soil and water conservation district under division (N)(O) of	3527
section 1515.08 of the Revised Code. The rules shall not exempt	3528
any person from compliance with municipal ordinances enacted	3529
pursuant to Section 3 of Article XVIII, Ohio Constitution.	3530

(F) Cost share with landowners on practices established	3531
pursuant to division (E)(5) of this section as moneys are	3532
appropriated and available for that purpose. Any practice for	3533
which cost share is provided shall be maintained for its useful	3534
life. Failure to maintain a cost share practice for its useful	3535
life shall subject the landowner to full repayment to the	3536
division.	3537

(G) Issue orders requiring compliance with any rule adopted	3538
under division (E)(1) of this section or with section 1511.022 of	3539
the Revised Code. Before the chief issues an order, the chief	3540
shall afford each person allegedly liable an adjudication hearing	3541
under Chapter 119. of the Revised Code. The chief may require in	3542
an order that a person who has caused agriculturalsediment	3543
pollution by failure to comply with the standards established	3544
under division (E)(1) of this section operate under an operation	3545
and management plan approved by the chief under this section. The	3546
chief shall require in an order that a person who has failed to	3547
comply with division (A) of section 1511.022 of the Revised Code	3548
prepare a composting plan in accordance with rules adopted under	3549
division (E)(10)(c) of this section and operate in accordance with	3550
that plan or that a person who has failed to operate in accordance	3551
with such a plan begin to operate in accordance with it. Each	3552
order shall be issued in writing and contain a finding by the	3553
chief of the facts upon which the order is based and the standard	3554
that is not being met.	3555

(H) Employ field assistants and such other employees as are	3556
necessary for the performance of the work prescribed by Chapter	3557
1515. of the Revised Code, for performance of work of the	3558
division, and as agreed to under working agreements or contractual	3559
arrangements with local soil and water conservation districts,	3560
prescribe their duties, and fix their compensation in accordance	3561
with such schedules as are provided by law for the compensation of	3562
state employees.	3563

All employees of the division, unless specifically exempted	3564
by law, shall be employed subject to the classified civil service	3565
laws in force at the time of employment.	3566

(I) In connection with new or relocated projects involving	3567
highways, underground cables, pipelines, railroads, and other	3568
improvements affecting soil and water resources, including surface	3569
and subsurface drainage:	3570

(1) Provide engineering service as is mutually agreeable to	3571
the Ohio soil and water conservation commission and the director	3572
to aid in the design and installation of soil and water	3573
conservation practices as a necessary component of such projects;	3574

(2) Maintain close liaison between the owners of lands on	3575
which the projects are executed, local soil and water conservation	3576
districts, and authorities responsible for such projects;	3577

(3) Review plans for such projects to ensure their compliance	3578
with standards developed under division (E) of this section in	3579
cooperation with the department of transportation or with any	3580
other interested agency that is engaged in soil or water	3581
conservation projects in the state in order to minimize adverse	3582
impacts on soil and water resources adjacent to or otherwise	3583
affected by these projects;	3584

(4) Recommend measures to retard erosion and protect soil and	3585
water resources through the installation of water impoundment or	3586
other soil and water conservation practices;	3587

(5) Cooperate with other agencies and subdivisions of the	3588
state to protect the agricultural status of rural lands adjacent	3589
to such projects and control adverse impacts on soil and water	3590
resources.	3591

(J) Collect, analyze, inventory, and interpret all available	3592
information pertaining to the origin, distribution, extent, use,	3593
and conservation of the soil resources of the state;	3594

(K) Prepare and maintain up-to-date reports, maps, and other	3595
materials pertaining to the soil resources of the state and their	3596
use and make that information available to governmental agencies,	3597
public officials, conservation entities, and the public;	3598

(L) Provide soil and water conservation districts with	3599
technical assistance, including on-site soil investigations and	3600
soil interpretation reports on the suitability or limitations of	3601
soil to support a particular use or to plan soil conservation	3602
measures. The assistance shall be upon such terms as are mutually	3603
agreeable to the districts and the department of natural	3604
resources.	3605

(M) Assist local government officials in utilizing land use	3606
planning and zoning, current agricultural use value assessment,	3607
development reviews, and land management activities;	3608

(N) When necessary for the purposes of this chapter or	3609
Chapter 1515. of the Revised Code, develop or approve operation	3610
and management plans.	3611

This section does not restrict the excrement of domestic or	3612
farm animals defecated on land outside a concentrated animal	3613
feeding operation or runoff therefrom into the waters of the	3614
state.	3615

Sec. 1511.021.  (A)(1) Any person who owns or operates	3616
agricultural land or a concentrated animal feeding operation may	3617
develop and operate under an operation and management plan	3618
approved by the chief of the division of soil and water resources	3619
under section 1511.02 of the Revised Code or by the supervisors of	3620
the localapplicable soil and water conservation district under	3621
section 1515.08 of the Revised Code.	3622

(2) An operation and management plan developed under division	3623
(A)(1) of this section, developed by the chief under section	3624
1511.02 of the Revised Code or by the supervisors of a soil and	3625
water conservation district under section 1515.08 of the Revised	3626
Code, or required by an order issued by the chief under division	3627
(G) of section 1511.02 of the Revised Code may include a soil	3628
erosion management plan, a timber harvest plan, or both.	3629

(B) Any person who wishes to make a complaint regarding	3630
nuisances involving agriculturalsediment pollution may do so	3631
orally or by submitting a written, signed, and dated complaint to	3632
the chief or to the chief's designee. After receiving an oral	3633
complaint, the chief or the chief's designee may cause an	3634
investigation to be conducted to determine whether agricultural	3635
sediment pollution has occurred or is imminent. After receiving a	3636
written, signed, and dated complaint, the chief or the chief's	3637
designee shall cause such an investigation to be conducted.	3638

(C) In a private civil action for nuisances involving	3639
agriculturalsediment pollution, it is an affirmative defense if	3640
the person owning, operating, or otherwise responsible for	3641
agricultural land or a concentrated animal feeding operation is	3642
operating under and in substantial compliance with an approved	3643
operation and management plan developed under division (A) of this	3644
section, with an operation and management plan developed by the	3645
chief under section 1511.02 of the Revised Code or by the	3646
supervisors of the localapplicable soil and water conservation	3647
district under section 1515.08 of the Revised Code, or with an	3648
operation and management plan required by an order issued by the	3649
chief under division (G) of section 1511.02 of the Revised Code.	3650
Nothing in this section is in derogation of the authority granted	3651
to the chief in division (E) of section 1511.02 and in section	3652
1511.07 of the Revised Code.	3653

Sec. 1511.023.  (A) Except as provided in division (B) of	3654
this section, the director of natural resources, an employee of	3655
the department of natural resources, the supervisors of a soil and	3656
water conservation district, an employee of a district, and a	3657
contractor of the department or a district shall not disclose	3658
either of the following:	3659

(1) Information, including data from geographic information	3660
systems and global positioning systems, provided by a person who	3661
owns or operates agricultural land and operates under an operation	3662
and management plan;	3663

(2) Information gathered as a result of an inspection of	3664
agricultural land to determine whether the person who owns or	3665
operates the land is in compliance with an operation and	3666
management plan.	3667

(B) The director or the supervisors of a district may release	3668
or disclose information specified in division (A)(1) or (2) of	3669
this section to a person or a federal, state, or local agency	3670
working in cooperation with the chief of the division of soil and	3671
water resources or the supervisors in the development of an	3672
operation and management plan or an inspection to determine	3673
compliance with such a plan if the director or supervisors	3674
determine that the person or federal, state, or local agency will	3675
not subsequently disclose the information to another person.	3676

Sec. 1511.05.  The chief of the division of soil and water	3677
resources, subject to approval of the terms of the agreement by	3678
the Ohio soil and water conservation commission, shall enter into	3679
cooperative agreements with the board of supervisors of any soil	3680
and water conservation district desiring to enter into such	3681
agreements pursuant to section 1515.08 of the Revised Code. Such	3682
agreements shall be entered into to obtain compliance with rules	3683
and orders of the chief pertaining to agriculturalsediment	3684
pollution abatement and urban sediment pollution abatement.	3685

The chief or any person designated by the chief may upon	3686
obtaining agreement with the owner, tenant, or manager of any	3687
land, public or private, enter thereon to make inspections to	3688
determine whether or not there is compliance with the rules	3689
adopted under division (E)(1) of section 1511.02 of the Revised	3690
Code. Upon reason to believe there is a violation, the chief or	3691
the chief's designee may apply for and a judge of the court of	3692
common pleas for the county where the land is located may issue an	3693
appropriate inspection warrant as necessary to achieve the	3694
purposes of this chapter.	3695

Sec. 1511.07.  (A)(1) No person shall fail to comply with an	3696
order of the chief of the division of soil and water resources	3697
issued pursuant to division (G) of section 1511.02 of the Revised	3698
Code.	3699

(2) In addition to the remedies provided and irrespective of	3700
whether an adequate remedy at law exists, the chief may apply to	3701
the court of common pleas in the county where a violation of a	3702
standard established under division (E)(1) or (8)(b) of section	3703
1511.02 of the Revised Code causes pollution of the waters of the	3704
state for an order to compel the violator to cease the violation	3705
and to remove the agricultural pollutant or to comply with the	3706
rules adopted under division (E)(8)(b) of that section, as	3707
appropriatecomply with the standards established under that	3708
division.	3709

(3) In addition to the remedies provided and irrespective of	3710
whether an adequate remedy at law exists, whenever the chief	3711
officially determines that an emergency exists because of an	3712
unauthorized release, spill, or discharge of animal waste, or a	3713
violation of a rule adopted under division (E)(8)(b) of section	3714
1511.02 of the Revised Code,sediment pollution that causes	3715
pollution of the waters of the state, the chief may, without	3716
notice or hearing, issue an order reciting the existence of the	3717
emergency and requiring that necessary action be taken to meet the	3718
emergency. The order shall be effective immediately. Any person to	3719
whom the order is directed shall comply with the order	3720
immediately, but on application to the chief shall be afforded a	3721
hearing as soon as possible, but not later than twenty days after	3722
making the application. On the basis of the hearing, the chief	3723
shall continue the order in effect, revoke it, or modify it. No	3724
emergency order shall remain in effect for more than sixty days	3725
after its issuance. If a person to whom an order is issued does	3726
not comply with the order within a reasonable period, as	3727
determined by the chief, the chief or the chief's designee may	3728
enter upon private or public lands and take action to mitigate,	3729
minimize, remove, or abate the release, spill, discharge, or	3730
conditions caused by the violation of the rulesediment pollution.	3731

(B) The attorney general, upon the written request of the	3732
chief, shall bring appropriate legal action in Franklin county	3733
against any person who fails to comply with an order of the chief	3734
issued pursuant to division (G) of section 1511.02 of the Revised	3735
Code.	3736

Sec. 1511.09.  The soil and water resources administration	3737
fund is hereby created in the state treasury. The fund shall	3738
consist of money credited to it from all fines, penalties, costs,	3739
and damages, except court costs, that are collected either by the	3740
chief of the division of soil and water resources or the attorney	3741
general in consequence of any violation of this chapter or rules	3742
adopted or orders issued under it. The chief shall use money in	3743
the fund to administer and enforce this chapter and rules adopted	3744
under it.	3745

Sec. 1511.99.  Whoever violates division (A) of section	3746
1511.07 of the Revised Code is guilty of a misdemeanor of the	3747
first degree. Each day of violation is a separate offense. In	3748
addition to the penalty provided in this division, the sentencing	3749
court may assess damages in an amount equal to the costs of	3750
reclaiming, restoring, or otherwise repairing any damage to public	3751
or private property caused by any violation of division (A) of	3752
section 1511.07 of the Revised Code. All fines and moneys assessed	3753
as damages under this section shall be paid into the agricultural	3754
pollution abatementsoil and water resources administration fund	3755
created in section 1511.0711511.09 of the Revised Code.	3756

Sec. 1515.01.  As used in this chapter:

3757

(A) "Soil and water conservation district" means a district	3758
organized in accordance with this chapter.	3759

(B) "Supervisor" means one of the members of the governing	3760
body of a district.	3761

(C) "Landowner," "owner," or "owner of land" means an owner	3762
of record as shown by the records in the office of the county	3763
recorder. With respect to an improvement or a proposed	3764
improvement, "landowner," "owner," or "owner of land" also	3765
includes any public corporation and the director of any	3766
department, office, or institution of the state that is affected	3767
by the improvement or that would be affected by the proposed	3768
improvement, but that does not own any right, title, estate, or	3769
interest in or to any real property.	3770

(D) "Land occupier" or "occupier of land" means any person,	3771
firm, or corporation that controls the use of land whether as	3772
landowner, lessee, renter, or tenant.	3773

(E) "Due notice" means notice published at least twice,	3774
stating time and place, with an interval of at least thirteen days	3775
between the two publication dates, in a newspaper of general	3776
circulation within a soil and water conservation district.	3777

(F) "Agricultural pollution" means failure to use management	3778
or conservation practices in farming or silvicultural operations	3779
to abate wind or water erosion of the soil or to abate the	3780
degradation of the waters of the state by animal waste or soil	3781
sediment including substances attached thereto.	3782

(G) "Urban sediment pollution" means failure to use	3783
management or conservation practices to abate wind or water	3784
erosion of the soil or to abate the degradation of the waters of	3785
the state by soil sediment in conjunction with land grading,	3786
excavating, filling, or other soil disturbing activities on land	3787
used or being developed for nonfarm commercial, industrial,	3788
residential, or other nonfarm purposes, except lands being used in	3789
a strip mine operation as defined in section 1513.01 of the	3790
Revised Code and except lands being used in a surface mining	3791
operation as defined in section 1514.01 of the Revised Code.	3792

(H)(G) "Uniform assessment" means an assessment that is both	3793
of the following:	3794

(1) Based upon a complete appraisal of each parcel of land,	3795
together with all improvements thereon, within a project area and	3796
of the benefits or damages brought about as a result of the	3797
project that is determined by criteria applied equally to all	3798
parcels within the project area;	3799

(2) Levied upon the parcels at a uniform rate on the basis of	3800
the appraisal.	3801

(I)(H) "Varied assessment" means any assessment that does not	3802
meet the criteria established in division (H)(G) of this section.	3803

(J)(I) "Project area" means an area determined and certified	3804
by the supervisors of a soil and water conservation district under	3805
section 1515.19 of the Revised Code.	3806

(K)(J) "Benefit" or "benefits" means advantages to land and	3807
owners, to public corporations, and to the state resulting from	3808
drainage, conservation, control, and management of water and from	3809
environmental, wildlife, and recreational improvements. "Benefit"	3810
or "benefits" includes, but is not limited to, any of the	3811
following factors:	3812

(1) Elimination or reduction of damage from flooding;

3813

(2) Removal of water conditions that jeopardize public	3814
health, safety, or welfare;	3815

(3) Increased value of land resulting from an improvement;

3816

(4) Use of water for irrigation, storage, regulation of	3817
stream flow, soil conservation, water supply, or any other	3818
incidental purpose;	3819

(5) Providing an outlet for the accelerated runoff from	3820
artificial drainage if a stream, watercourse, channel, or ditch	3821
that is under improvement is called upon to discharge functions	3822
for which it was not designed. Uplands that have been removed from	3823
their natural state by deforestation, cultivation, artificial	3824
drainage, urban development, or other human methods shall be	3825
considered to be benefited by an improvement that is required to	3826
dispose of the accelerated flow of water from the uplands.	3827

(L)(K) "Improvement" or "conservation works of improvement"	3828
means an improvement that is made under the authority established	3829
in division (C) of section 1515.08 of the Revised Code.	3830

(M)(L) "Land" has the same meaning as in section 6131.01 of	3831
the Revised Code.	3832

(M) "Agricultural pollution," "animal feeding operation," and	3833
"nutrient management plan" have the same meanings as in section	3834
939.01 of the Revised Code.	3835

(N) "Operation and management plan" and "sediment pollution"	3836
have the same meanings as in section 1511.01 of the Revised Code.	3837

Sec. 1515.02.  There is hereby established in the department	3838
of natural resources the Ohio soil and water conservation	3839
commission. The commission shall consist of seven members of equal	3840
status and authority, foursix of whom shall be appointed by the	3841
governor with the advice and consent of the senate, and one of	3842
whom shall be designated by resolution of the board of directors	3843
of the Ohio federation of soil and water conservation districts.	3844
The other two members shall be the directordirectors of	3845
agriculture and, environmental protection, and natural resources,	3846
the vice-president for agricultural administration of the Ohio	3847
state university. The director of natural resources may	3848
participate in the deliberations, and an officer of the Ohio	3849
federation of soil and water conservation districts, or their	3850
designees, may serve as ex officio members of the commission, but	3851
without the power to vote. A vacancy in the office of an appointed	3852
member shall be filled by the governor, with the advice and	3853
consent of the senate. Any member appointed to fill a vacancy	3854
occurring prior to the expiration of the term for which the	3855
member's predecessor was appointed shall hold office for the	3856
remainder of that term. Of the appointed members, two shall be	3857
farmers and allfour shall be persons who have a knowledge of or	3858
interest in agricultural production and the natural resources of	3859
the state. One member shall represent rural interests and one	3860
member shall represent urban interests. Not more than twothree of	3861
the appointed members shall be members of the same political	3862
party.	3863

Terms of office of the member designated by the board of	3864
directors of the federation and the members appointed by the	3865
governor shall be for four years, commencing on the first day of	3866
July and ending on the thirtieth day of June.	3867

Each appointed member shall hold office from the date of	3868
appointment until the end of the term for which the member was	3869
appointed. Any appointed member shall continue in office	3870
subsequent to the expiration date of the member's term until the	3871
member's successor takes office, or until a period of sixty days	3872
has elapsed, whichever occurs first.	3873

The commission shall organize by selecting from its members a	3874
chairperson and a vice-chairperson. The commission shall hold at	3875
least one regular meeting in each quarter of each calendar year	3876
and shall keep a record of its proceedings, which shall be open to	3877
the public for inspection. Special meetings may be called by the	3878
chairperson and shall be called by the chairperson upon receipt of	3879
a written request signed by two or more members of the commission.	3880
Written notice of the time and place of each meeting shall be sent	3881
to each member of the commission. A majority of the commission	3882
shall constitute a quorum.	3883

The commission may adopt rules as necessary to carry out the	3884
purposes of this chapter, subject to Chapter 119. of the Revised	3885
Code.	3886

The governor may remove any appointed member of the	3887
commission at any time for inefficiency, neglect of duty, or	3888
malfeasance in office, after giving to the member a copy of the	3889
charges against the member and an opportunity to be heard publicly	3890
in person or by counsel in the member's defense. Any such act of	3891
removal by the governor is final. A statement of the findings of	3892
the governor, the reason for the governor's action, and the	3893
answer, if any, of the member shall be filed by the governor with	3894
the secretary of state and shall be open to public inspection.	3895

All members of the commission shall be reimbursed for the	3896
necessary expenses incurred by them in the performance of their	3897
duties as members.	3898

Upon recommendation by the commission, the director of	3899
natural resources shall designate an executive secretary and	3900
provide staff necessary to carry out the powers and duties of the	3901
commission. The commission may utilize the services of such staff	3902
members in the college of agriculture of the Ohio state university	3903
as may be agreed upon by the commission and the college.	3904

The commission shall do all of the following:

3905

(A) Determine distribution of funds under section 1515.14 of	3906
the Revised Code, recommend to the director of natural resources	3907
and other agencies the levels of appropriations to special funds	3908
established to assist soil and water conservation districts, and	3909
recommend the amount of federal funds to be requested and policies	3910
for the use of such funds in support of soil and water	3911
conservation district programs;	3912

(B) Assist in keeping the supervisors of soil and water	3913
conservation districts informed of their powers and duties,	3914
program opportunities, and the activities and experience of all	3915
other districts, and facilitate the interchange of advice,	3916
experience, and cooperation between the districts;	3917

(C) Seek the cooperation and assistance of the federal	3918
government or any of its agencies, and of agencies of this state,	3919
in the work of the districts;	3920

(D) Adopt appropriate rules governing the conduct of	3921
elections provided for in this chapter, subject to Chapter 119. of	3922
the Revised Code, provided that only owners and occupiers of lands	3923
situated within the boundaries of the districts or proposed	3924
districts to which the elections apply shall be eligible to vote	3925
in the elections;	3926

(E) Recommend to the director priorities for planning and	3927
construction of small watershed projects, and make recommendations	3928
to the director concerning coordination of programs as proposed	3929
and implemented in agreements with soil and water conservation	3930
districts;	3931

(F) Recommend to the director, the governor, and the general	3932
assembly programs and legislation with respect to the operations	3933
of soil and water conservation districts that will encourage	3934
proper soil, water, and other natural resource management and	3935
promote the economic and social development of the state.	3936

Sec. 1515.08.  The supervisors of a soil and water	3937
conservation district have the following powers in addition to	3938
their other powers:	3939

(A) To conduct surveys, investigations, and research relating	3940
to the character of soil erosion, floodwater and sediment damages,	3941
and the preventive and control measures and works of improvement	3942
for flood prevention and the conservation, development,	3943
utilization, and disposal of water needed within the district, and	3944
to publish the results of those surveys, investigations, or	3945
research, provided that no district shall initiate any research	3946
program except in cooperation or after consultation with the Ohio	3947
agricultural research and development center;	3948

(B) To develop plans for the conservation of soil resources,	3949
for the control and prevention of soil erosion, and for works of	3950
improvement for flood prevention and the conservation,	3951
development, utilization, and disposal of water within the	3952
district, and to publish those plans and information;	3953

(C) To implement, construct, repair, maintain, and operate	3954
preventive and control measures and other works of improvement for	3955
natural resource conservation and development and flood	3956
prevention, and the conservation, development, utilization, and	3957
disposal of water within the district on lands owned or controlled	3958
by this state or any of its agencies and on any other lands within	3959
the district, which works may include any facilities authorized	3960
under state or federal programs, and to acquire, by purchase or	3961
gift, to hold, encumber, or dispose of, and to lease real and	3962
personal property or interests in such property for those	3963
purposes;	3964

(D) To cooperate or enter into agreements with any occupier	3965
of lands within the district in the carrying on of natural	3966
resource conservation operations and works of improvement for	3967
flood prevention and the conservation, development, utilization,	3968
and management of natural resources within the district, subject	3969
to such conditions as the supervisors consider necessary;	3970

(E) To accept donations, gifts, grants, and contributions in	3971
money, service, materials, or otherwise, and to use or expend them	3972
according to their terms;	3973

(F) To adopt, amend, and rescind rules to carry into effect	3974
the purposes and powers of the district;	3975

(G) To sue and plead in the name of the district, and be sued	3976
and impleaded in the name of the district, with respect to its	3977
contracts and, as indicated in section 1515.081 of the Revised	3978
Code, certain torts of its officers, employees, or agents acting	3979
within the scope of their employment or official responsibilities,	3980
or with respect to the enforcement of its obligations and	3981
covenants made under this chapter;	3982

(H) To make and enter into all contracts, leases, and	3983
agreements and execute all instruments necessary or incidental to	3984
the performance of the duties and the execution of the powers of	3985
the district under this chapter, provided that all of the	3986
following apply:	3987

(1) Except as provided in section 307.86 of the Revised Code	3988
regarding expenditures by boards of county commissioners, when the	3989
cost under any such contract, lease, or agreement, other than	3990
compensation for personal services or rental of office space,	3991
involves an expenditure of more than the amount established in	3992
that section regarding expenditures by boards of county	3993
commissioners, the supervisors shall make a written contract with	3994
the lowest and best bidder after advertisement, for not less than	3995
two nor more than four consecutive weeks preceding the day of the	3996
opening of bids, in a newspaper of general circulation within the	3997
district or as provided in section 7.16 of the Revised Code and in	3998
such other publications as the supervisors determine. The notice	3999
shall state the general character of the work and materials to be	4000
furnished, the place where plans and specifications may be	4001
examined, and the time and place of receiving bids.	4002

(2) Each bid for a contract shall contain the full name of	4003
every person interested in it.	4004

(3) Each bid for a contract for the construction, demolition,	4005
alteration, repair, or reconstruction of an improvement shall meet	4006
the requirements of section 153.54 of the Revised Code.	4007

(4) Each bid for a contract, other than a contract for the	4008
construction, demolition, alteration, repair, or reconstruction of	4009
an improvement, at the discretion of the supervisors, may be	4010
accompanied by a bond or certified check on a solvent bank in an	4011
amount not to exceed five per cent of the bid, conditioned that,	4012
if the bid is accepted, a contract shall be entered into.	4013

(5) The supervisors may reject any and all bids.

4014

(I) To make agreements with the department of natural	4015
resources giving it control over lands of the district for the	4016
purpose of construction of improvements by the department under	4017
section 1501.011 of the Revised Code;	4018

(J) To charge, alter, and collect rentals and other charges	4019
for the use or services of any works of the district;	4020

(K) To enter, either in person or by designated	4021
representatives, upon lands, private or public, in the necessary	4022
discharge of their duties;	4023

(L) To enter into agreements or contracts with the department	4024
for the determination, implementation, inspection, and funding of	4025
agriculturalsediment pollution abatement and urban sediment	4026
pollution abatement measures whereby landowners, operators,	4027
managers, and developers may meet adopted state standards for a	4028
quality environment, except that failure of a district board of	4029
supervisors to negotiate an agreement or contract with the	4030
department shall authorize the division of soil and water	4031
resources to implement the required program;	4032

(M) To enter into agreements or contracts with the department	4033
of agriculture for the determination, implementation, inspection,	4034
and funding of agricultural pollution abatement measures whereby	4035
landowners, operators, and managers may meet adopted state	4036
standards for a quality environment, except that failure of a	4037
district board of supervisors to negotiate an agreement or	4038
contract with that department shall authorize the department to	4039
implement the required program;	4040

(N) To conduct demonstrations and provide information to the	4041
public regarding practices and methods for natural resource	4042
conservation, development, and utilization;	4043

(N)(O) To enter into contracts or agreements with the chief	4044
of the division of soil and water resources to implement and	4045
administer a program for urban sediment pollution abatement and to	4046
receive and expend moneys provided by the chief for that purpose;	4047

(O)(P) To develop operation and management plans, as defined	4048
in section 1511.01 of the Revised Code, as necessary;	4049

(P)(Q) To determine whether operation and management plans	4050
developed under division (A) of section 1511.021 of the Revised	4051
Code comply with the standards established under division (E)(1)	4052
of section 1511.02 of the Revised Code and to approve or	4053
disapprove the plans, based on such compliance. If an operation	4054
and management plan is disapproved, the board shall provide a	4055
written explanation to the person who submitted the plan. The	4056
person may appeal the plan disapproval to the chief, who shall	4057
afford the person a hearing. Following the hearing, the chief	4058
shall uphold the plan disapproval or reverse it. If the chief	4059
reverses the plan disapproval, the plan shall be deemed approved	4060
under this division. In the event that any person operating or	4061
owning agricultural land or a concentrated animal feeding	4062
operation in accordance with an approved operation and management	4063
plan who, in good faith, is following that plan, causes	4064
agriculturalsediment pollution, the plan shall be revised in a	4065
fashion necessary to mitigate the agriculturalsediment pollution,	4066
as determined and approved by the board of supervisors of the soil	4067
and water conservation district.	4068

(Q)(R) To develop nutrient management plans as necessary;

4069

(S) To determine whether nutrient management plans developed	4070
under division (A) of section 939.03 of the Revised Code comply	4071
with the standards established in rules adopted under division	4072
(C)(1) of section 939.02 of the Revised Code and to approve or	4073
disapprove the plans based on such compliance. If a nutrient	4074
management plan is disapproved, the board shall provide a written	4075
explanation to the person who submitted the plan. The person may	4076
appeal the plan disapproval to the director of agriculture who	4077
shall afford the person a hearing. Following the hearing, the	4078
director shall uphold the plan disapproval or reverse it. If the	4079
director reverses the plan disapproval, the plan shall be deemed	4080
approved under this division. In the event that a person operating	4081
or owning agricultural land or an animal feeding operation in	4082
accordance with an approved nutrient management plan who, in good	4083
faith, is following that plan causes agricultural pollution, the	4084
plan shall be revised in a manner necessary to mitigate the	4085
agricultural pollution as determined and approved by the board of	4086
supervisors of the soil and water conservation district.	4087

(T) With regard to composting conducted in conjunction with	4088
agricultural operations, to do all of the following:	4089

(1) Upon request or upon their own initiative, inspect	4090
composting at any such operation to determine whether the	4091
composting is being conducted in accordance with section 1511.022	4092
939.04 of the Revised Code;	4093

(2) If the board determines that composting is not being so	4094
conducted, request the chiefdirector of agriculture to issue an	4095
order under division(G) of section 1511.02of the Revised Code	4096
requiringtake corrective actions under section 939.09 of the	4097
Revised Code that require the person who is conducting the	4098
composting to prepare a composting plan in accordance with rules	4099
adopted under division (E)(8)(c)(C)(5)(a) of that section 939.02	4100
of the Revised Code and to operate in accordance with that plan or	4101
to operate in accordance with a previously prepared plan, as	4102
applicable;	4103

(3) In accordance with rules adopted under division	4104
(E)(8)(c)(C)(5)(b) of section 1511.02939.02 of the Revised Code,	4105
review and approve or disapprove any such composting plan. If a	4106
plan is disapproved, the board shall provide a written explanation	4107
to the person who submitted the plan.	4108

As used in division (Q)(T) of this section, "composting" has	4109
the same meaning as in section 1511.01939.01 of the Revised Code.	4110

(R)(U) With regard to conservation activities that are	4111
conducted in conjunction with agricultural operations, to assist	4112
the county auditor, upon request, in determining whether a	4113
conservation activity is a conservation practice for purposes of	4114
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the	4115
Revised Code.	4116

As used in this division, "conservation practice" has the	4117
same meaning as in section 5713.30 of the Revised Code.	4118

(S)(V) To do all acts necessary or proper to carry out the	4119
powers granted in this chapter.	4120

The director of natural resources shall make recommendations	4121
to reduce the adverse environmental effects of each project that a	4122
soil and water conservation district plans to undertake under	4123
division (A), (B), (C), or (D) of this section and that will be	4124
funded in whole or in part by moneys authorized under section	4125
1515.16 of the Revised Code and shall disapprove any such project	4126
that the director finds will adversely affect the environment	4127
without equal or greater benefit to the public. The director's	4128
disapproval or recommendations, upon the request of the district	4129
filed in accordance with rules adopted by the Ohio soil and water	4130
conservation commission, shall be reviewed by the commission,	4131
which may confirm the director's decision, modify it, or add	4132
recommendations to or approve a project the director has	4133
disapproved.	4134

Any instrument by which real property is acquired pursuant to	4135
this section shall identify the agency of the state that has the	4136
use and benefit of the real property as specified in section	4137
5301.012 of the Revised Code.	4138

Sec. 1533.081. (A) As used in this section:

4139

(1) "Energy facility" has the same meaning as in section	4140
1551.01 of the Revised Codemeans wind turbines and associated	4141
facilities with a single interconnection to the electrical grid	4142
that are designated for, or capable of, operation at an aggregate	4143
capacity of five or more megawatts.	4144

(2) "Energy facilityIncidental taking" means a facility at	4145
which energy is producedthe killing or injuring of a wild animal	4146
occurring by chance or without intention.	4147

(B) A person operating an energy facility whose operation may	4148
result in the incidental taking of a wild animal shall obtain a	4149
permit to do sofor such an incidental taking from the chief of	4150
the division of wildlife under this section. The chief shall adopt	4151
rules under section 1531.10 of the Revised Code that are necessary	4152
to administer this section. The rules may include the	4153
establishment of a fee for such a permit.	4154

Sec. 3704.05.  (A) No person shall cause, permit, or allow	4155
emission of an air contaminant in violation of any rule adopted by	4156
the director of environmental protection under division (E) of	4157
section 3704.03 of the Revised Code unless the person is the	4158
holder of a variance that is issued under division (H) of that	4159
section and consistent with the federal Clean Air Act permitting	4160
the emission of the contaminant in excess of that permitted by the	4161
rule or the person is the holder of an operating permit that	4162
includes a compliance schedule issued pursuant to rules adopted	4163
under division (G) of section 3704.03 of the Revised Code.	4164

(B) No person who is the holder of a variance issued under	4165
division (H) of section 3704.03 of the Revised Code shall cause,	4166
permit, or allow emission of an air contaminant or contaminants	4167
listed therein in violation of the conditions of the variance or	4168
fail to obey an order of the director issued under authority of	4169
that division.	4170

(C) No person who is the holder of a permit issued under	4171
division (F) or (G) of section 3704.03 of the Revised Code shall	4172
violate any of its terms or conditions.	4173

(D) No person shall fail to install and maintain monitoring	4174
devices or to submit reports or other information as may be	4175
required under division (I) of section 3704.03 of the Revised	4176
Code.	4177

(E) No person to whom a permit or variance has been issued	4178
shall refuse entry to an authorized representative of the director	4179
or the environmental protection agency as provided in division	4180
(M)(L) of section 3704.03 of the Revised Code or hinder or thwart	4181
the person in making an investigation.	4182

(F) No person shall fail to submit plans and specifications	4183
as required by section 3704.03 of the Revised Code.	4184

(G) No person shall violate any order, rule, or determination	4185
of the director issued, adopted, or made under this chapter.	4186

(H) No person shall do any of the following:

4187

(1) Falsify any plans, specifications, data, reports,	4188
records, or other information required to be kept or submitted to	4189
the director by this chapter or rules adopted under it;	4190

(2) Make any false material statement, representation, or	4191
certification in any form, notice, or report required by the Title	4192
V permit program;	4193

(3) Render inaccurate any monitoring device required by a	4194
Title V permit.	4195

Violation of division (H)(1), (2), or (3) of this section is	4196
not also falsification under section 2921.13 of the Revised Code.	4197

(I) No person shall knowingly falsify an inspection	4198
certificate submitted to another under section 3704.14 or Chapter	4199
4503. of Revised Code. Violation of this division is not also	4200
falsification under section 2921.13 of the Revised Code.	4201

(J) No person shall do either of the following:

4202

(1) With regard to the Title V permit program, fail to pay	4203
any administrative penalty assessed in accordance with rules	4204
adopted under division (S) of section 3704.03 of the Revised Code	4205
or any fee assessed under section 3745.11 of the Revised Code;	4206

(2) Violate any applicable requirement of a Title V permit or	4207
any permit condition, except for an emergency as defined in 40	4208
C.F.R. 70.6 (g), or filing requirement of the Title V permit	4209
program, any duty to allow or carry out inspection, entry, or	4210
monitoring activities, or any rule adopted or order issued by the	4211
director pursuant to the Title V permit program.	4212

(K) On and after the three hundred sixty-sixth day following	4213
the administrator's final approval of the Title V permit program,	4214
or on and after the three hundred sixty-sixth day following the	4215
commencement of operation of a new major source required to comply	4216
with section 112(g) or part C or D of Title I of the federal Clean	4217
Air Act, whichever is later, no person shall operate any such	4218
source that is required to obtain a Title V permit under section	4219
3704.036 of the Revised Code or rules adopted under it unless such	4220
a permit has been issued authorizing operation of the source or	4221
unless a complete and timely application for the issuance,	4222
renewal, or modification of a Title V permit for the source has	4223
been submitted to the director under that section.	4224

Sec. 3734.02.  (A) The director of environmental protection,	4225
in accordance with Chapter 119. of the Revised Code, shall adopt	4226
and may amend, suspend, or rescind rules having uniform	4227
application throughout the state governing solid waste facilities	4228
and the inspections of and issuance of permits and licenses for	4229
all solid waste facilities in order to ensure that the facilities	4230
will be located, maintained, and operated, and will undergo	4231
closure and post-closure care, in a sanitary manner so as not to	4232
create a nuisance, cause or contribute to water pollution, create	4233
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	4234
257.3-8, as amended. The rules may include, without limitation,	4235
financial assurance requirements for closure and post-closure care	4236
and corrective action and requirements for taking corrective	4237
action in the event of the surface or subsurface discharge or	4238
migration of explosive gases or leachate from a solid waste	4239
facility, or of ground water contamination resulting from the	4240
transfer or disposal of solid wastes at a facility, beyond the	4241
boundaries of any area within a facility that is operating or is	4242
undergoing closure or post-closure care where solid wastes were	4243
disposed of or are being disposed of. The rules shall not concern	4244
or relate to personnel policies, salaries, wages, fringe benefits,	4245
or other conditions of employment of employees of persons owning	4246
or operating solid waste facilities. The director, in accordance	4247
with Chapter 119. of the Revised Code, shall adopt and may amend,	4248
suspend, or rescind rules governing the issuance, modification,	4249
revocation, suspension, or denial of variances from the director's	4250
solid waste rules, including, without limitation, rules adopted	4251
under this chapter governing the management of scrap tires.	4252

Variances shall be issued, modified, revoked, suspended, or	4253
rescinded in accordance with this division, rules adopted under	4254
it, and Chapter 3745. of the Revised Code. The director may order	4255
the person to whom a variance is issued to take such action within	4256
such time as the director may determine to be appropriate and	4257
reasonable to prevent the creation of a nuisance or a hazard to	4258
the public health or safety or the environment. Applications for	4259
variances shall contain such detail plans, specifications, and	4260
information regarding objectives, procedures, controls, and other	4261
pertinent data as the director may require. The director shall	4262
grant a variance only if the applicant demonstrates to the	4263
director's satisfaction that construction and operation of the	4264
solid waste facility in the manner allowed by the variance and any	4265
terms or conditions imposed as part of the variance will not	4266
create a nuisance or a hazard to the public health or safety or	4267
the environment. In granting any variance, the director shall	4268
state the specific provision or provisions whose terms are to be	4269
varied and also shall state specific terms or conditions imposed	4270
upon the applicant in place of the provision or provisions. The	4271
director may hold a public hearing on an application for a	4272
variance or renewal of a variance at a location in the county	4273
where the operations that are the subject of the application for	4274
the variance are conducted. The director shall give not less than	4275
twenty days' notice of the hearing to the applicant by certified	4276
mail or by another type of mail accompanied by a receipt and shall	4277
publish at least one notice of the hearing in a newspaper with	4278
general circulation in the county where the hearing is to be held.	4279
The director shall make available for public inspection at the	4280
principal office of the environmental protection agency a current	4281
list of pending applications for variances and a current schedule	4282
of pending variance hearings. The director shall make a complete	4283
stenographic record of testimony and other evidence submitted at	4284
the hearing. Within ten days after the hearing, the director shall	4285
make a written determination to issue, renew, or deny the variance	4286
and shall enter the determination and the basis for it into the	4287
record of the hearing. The director shall issue, renew, or deny an	4288
application for a variance or renewal of a variance within six	4289
months of the date upon which the director receives a complete	4290
application with all pertinent information and data required. No	4291
variance shall be issued, revoked, modified, or denied until the	4292
director has considered the relative interests of the applicant,	4293
other persons and property affected by the variance, and the	4294
general public. Any variance granted under this division shall be	4295
for a period specified by the director and may be renewed from	4296
time to time on such terms and for such periods as the director	4297
determines to be appropriate. No application shall be denied and	4298
no variance shall be revoked or modified without a written order	4299
stating the findings upon which the denial, revocation, or	4300
modification is based. A copy of the order shall be sent to the	4301
applicant or variance holder by certified mail or by another type	4302
of mail accompanied by a receipt.	4303

(B) The director shall prescribe and furnish the forms	4304
necessary to administer and enforce this chapter. The director may	4305
cooperate with and enter into agreements with other state, local,	4306
or federal agencies to carry out the purposes of this chapter. The	4307
director may exercise all incidental powers necessary to carry out	4308
the purposes of this chapter.	4309

The director may use moneys in the infectious waste	4310
management fund created in section 3734.021 of the Revised Code	4311
exclusively for administering and enforcing the provisions of this	4312
chapter governing the management of infectious wastes.	4313

(C) Except as provided in this division and divisions (N)(2)	4314
and (3) of this section, no person shall establish a new solid	4315
waste facility or infectious waste treatment facility, or modify	4316
an existing solid waste facility or infectious waste treatment	4317
facility, without submitting an application for a permit with	4318
accompanying detail plans, specifications, and information	4319
regarding the facility and method of operation and receiving a	4320
permit issued by the director, except that no permit shall be	4321
required under this division to install or operate a solid waste	4322
facility for sewage sludge treatment or disposal when the	4323
treatment or disposal is authorized by a current permit issued	4324
under Chapter 3704. or 6111. of the Revised Code.	4325

No person shall continue to operate a solid waste facility	4326
for which the director has denied a permit for which an	4327
application was required under division (A)(3) of section 3734.05	4328
of the Revised Code, or for which the director has disapproved	4329
plans and specifications required to be filed by an order issued	4330
under division (A)(5) of that section, after the date prescribed	4331
for commencement of closure of the facility in the order issued	4332
under division (A)(6) of section 3734.05 of the Revised Code	4333
denying the permit application or approval.	4334

On and after the effective date of the rules adopted under	4335
division (A) of this section and division (D) of section 3734.12	4336
of the Revised Code governing solid waste transfer facilities, no	4337
person shall establish a new, or modify an existing, solid waste	4338
transfer facility without first submitting an application for a	4339
permit with accompanying engineering detail plans, specifications,	4340
and information regarding the facility and its method of operation	4341
to the director and receiving a permit issued by the director.	4342

No person shall establish a new compost facility or continue	4343
to operate an existing compost facility that accepts exclusively	4344
source separated yard wastes without submitting a completed	4345
registration for the facility to the director in accordance with	4346
rules adopted under divisions (A) and (N)(3) of this section.	4347

This division does not apply to a generator of infectious	4348
wastes that does any of the following:	4349

(1) Treats, by methods, techniques, and practices established	4350
by rules adopted under division (B)(2)(a) of section 3734.021 of	4351
the Revised Code, any of the following:	4352

(a) Infectious wastes that are generated on any premises that	4353
are owned or operated by the generator;	4354

(b) Infectious wastes that are generated by a generator who	4355
has staff privileges at a hospital as defined in section 3727.01	4356
of the Revised Code;	4357

(c) Infectious wastes that are generated in providing care to	4358
a patient by an emergency medical services organization as defined	4359
in section 4765.01 of the Revised Code.	4360

(2) Holds a license or renewal of a license to operate a	4361
crematory facility issued under Chapter 4717. and a permit issued	4362
under Chapter 3704. of the Revised Code;	4363

(3) Treats or disposes of dead animals or parts thereof, or	4364
the blood of animals, and is subject to any of the following:	4365

(a) Inspection under the "Federal Meat Inspection Act," 81	4366
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	4367

(b) Chapter 918. of the Revised Code;

4368

(c) Chapter 953. of the Revised Code.

4369

(D) Neither this chapter nor any rules adopted under it apply	4370
to single-family residential premises; to infectious wastes	4371
generated by individuals for purposes of their own care or	4372
treatment; to the temporary storage of solid wastes, other than	4373
scrap tires, prior to their collection for disposal; to the	4374
storage of one hundred or fewer scrap tires unless they are stored	4375
in such a manner that, in the judgment of the director or the	4376
board of health of the health district in which the scrap tires	4377
are stored, the storage causes a nuisance, a hazard to public	4378
health or safety, or a fire hazard; or to the collection of solid	4379
wastes, other than scrap tires, by a political subdivision or a	4380
person holding a franchise or license from a political subdivision	4381
of the state; to composting, as defined in section 1511.01939.01	4382
of the Revised Code, conducted in accordance with section 1511.022	4383
939.04 of the Revised Code; or to any person who is licensed to	4384
transport raw rendering material to a compost facility pursuant to	4385
section 953.23 of the Revised Code.	4386

(E)(1) As used in this division:

4387

(a) "On-site facility" means a facility that stores, treats,	4388
or disposes of hazardous waste that is generated on the premises	4389
of the facility.	4390

(b) "Off-site facility" means a facility that stores, treats,	4391
or disposes of hazardous waste that is generated off the premises	4392
of the facility and includes such a facility that is also an	4393
on-site facility.	4394

(c) "Satellite facility" means any of the following:

4395

(i) An on-site facility that also receives hazardous waste	4396
from other premises owned by the same person who generates the	4397
waste on the facility premises;	4398

(ii) An off-site facility operated so that all of the	4399
hazardous waste it receives is generated on one or more premises	4400
owned by the person who owns the facility;	4401

(iii) An on-site facility that also receives hazardous waste	4402
that is transported uninterruptedly and directly to the facility	4403
through a pipeline from a generator who is not the owner of the	4404
facility.	4405

(2) Except as provided in division (E)(3) of this section, no	4406
person shall establish or operate a hazardous waste facility, or	4407
use a solid waste facility for the storage, treatment, or disposal	4408
of any hazardous waste, without a hazardous waste facility	4409
installation and operation permit issued in accordance with	4410
section 3734.05 of the Revised Code and subject to the payment of	4411
an application fee not to exceed one thousand five hundred	4412
dollars, payable upon application for a hazardous waste facility	4413
installation and operation permit and upon application for a	4414
renewal permit issued under division (H) of section 3734.05 of the	4415
Revised Code, to be credited to the hazardous waste facility	4416
management fund created in section 3734.18 of the Revised Code.	4417
The term of a hazardous waste facility installation and operation	4418
permit shall not exceed ten years.	4419

In addition to the application fee, there is hereby levied an	4420
annual permit fee to be paid by the permit holder upon the	4421
anniversaries of the date of issuance of the hazardous waste	4422
facility installation and operation permit and of any subsequent	4423
renewal permits and to be credited to the hazardous waste facility	4424
management fund. Annual permit fees totaling forty thousand	4425
dollars or more for any one facility may be paid on a quarterly	4426
basis with the first quarterly payment each year being due on the	4427
anniversary of the date of issuance of the hazardous waste	4428
facility installation and operation permit and of any subsequent	4429
renewal permits. The annual permit fee shall be determined for	4430
each permit holder by the director in accordance with the	4431
following schedule:	4432

TYPE OF BASIC						4433
MANAGEMENT UNIT		TYPE OF FACILITY		FEE		4434
Storage facility using:						4435
Containers		On-site, off-site, and				4436
		satellite		$ 500		4437
Tanks		On-site, off-site, and				4438
		satellite		500		4439
Waste pile		On-site, off-site, and				4440
		satellite		3,000		4441
Surface impoundment		On-site and satellite		8,000		4442
		Off-site		10,000		4443
Disposal facility using:						4444
Deep well injection		On-site and satellite		15,000		4445
		Off-site		25,000		4446
Landfill		On-site and satellite		25,000		4447
		Off-site		40,000		4448
Land application		On-site and satellite		2,500		4449
		Off-site		5,000		4450
Surface impoundment		On-site and satellite		10,000		4451
		Off-site		20,000		4452
Treatment facility using:						4453
Tanks		On-site, off-site, and				4454
		satellite		700		4455
Surface impoundment		On-site and satellite		8,000		4456
		Off-site		10,000		4457
Incinerator		On-site and satellite		5,000		4458
		Off-site		10,000		4459
Other forms						4460
of treatment		On-site, off-site, and				4461
		satellite		1,000		4462

A hazardous waste disposal facility that disposes of	4463
hazardous waste by deep well injection and that pays the annual	4464
permit fee established in section 6111.046 of the Revised Code is	4465
not subject to the permit fee established in this division for	4466
disposal facilities using deep well injection unless the director	4467
determines that the facility is not in compliance with applicable	4468
requirements established under this chapter and rules adopted	4469
under it.	4470

In determining the annual permit fee required by this	4471
section, the director shall not require additional payments for	4472
multiple units of the same method of storage, treatment, or	4473
disposal or for individual units that are used for both storage	4474
and treatment. A facility using more than one method of storage,	4475
treatment, or disposal shall pay the permit fee indicated by the	4476
schedule for each such method.	4477

The director shall not require the payment of that portion of	4478
an annual permit fee of any permit holder that would apply to a	4479
hazardous waste management unit for which a permit has been	4480
issued, but for which construction has not yet commenced. Once	4481
construction has commenced, the director shall require the payment	4482
of a part of the appropriate fee indicated by the schedule that	4483
bears the same relationship to the total fee that the number of	4484
days remaining until the next anniversary date at which payment of	4485
the annual permit fee is due bears to three hundred sixty-five.	4486

The director, by rules adopted in accordance with Chapters	4487
119. and 3745. of the Revised Code, shall prescribe procedures for	4488
collecting the annual permit fee established by this division and	4489
may prescribe other requirements necessary to carry out this	4490
division.	4491

(3) The prohibition against establishing or operating a	4492
hazardous waste facility without a hazardous waste facility	4493
installation and operation permit does not apply to either of the	4494
following:	4495

(a) A facility that is operating in accordance with a permit	4496
renewal issued under division (H) of section 3734.05 of the	4497
Revised Code, a revision issued under division (I) of that section	4498
as it existed prior to August 20, 1996, or a modification issued	4499
by the director under division (I) of that section on and after	4500
August 20, 1996;	4501

(b) Except as provided in division (J) of section 3734.05 of	4502
the Revised Code, a facility that will operate or is operating in	4503
accordance with a permit by rule, or that is not subject to permit	4504
requirements, under rules adopted by the director. In accordance	4505
with Chapter 119. of the Revised Code, the director shall adopt,	4506
and subsequently may amend, suspend, or rescind, rules for the	4507
purposes of division (E)(3)(b) of this section. Any rules so	4508
adopted shall be consistent with and equivalent to regulations	4509
pertaining to interim status adopted under the "Resource	4510
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	4511
6921, as amended, except as otherwise provided in this chapter.	4512

If a modification is requested or proposed for a facility	4513
described in division (E)(3)(a) or (b) of this section, division	4514
(I)(7) of section 3734.05 of the Revised Code applies.	4515

(F) No person shall store, treat, or dispose of hazardous	4516
waste identified or listed under this chapter and rules adopted	4517
under it, regardless of whether generated on or off the premises	4518
where the waste is stored, treated, or disposed of, or transport	4519
or cause to be transported any hazardous waste identified or	4520
listed under this chapter and rules adopted under it to any other	4521
premises, except at or to any of the following:	4522

(1) A hazardous waste facility operating under a permit	4523
issued in accordance with this chapter;	4524

(2) A facility in another state operating under a license or	4525
permit issued in accordance with the "Resource Conservation and	4526
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	4527
amended;	4528

(3) A facility in another nation operating in accordance with	4529
the laws of that nation;	4530

(4) A facility holding a permit issued pursuant to Title I of	4531
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	4532
Stat. 1052, 33 U.S.C.A. 1401, as amended;	4533

(5) A hazardous waste facility as described in division	4534
(E)(3)(a) or (b) of this section.	4535

(G) The director, by order, may exempt any person generating,	4536
collecting, storing, treating, disposing of, or transporting solid	4537
wastes, infectious wastes, or hazardous waste, or processing solid	4538
wastes that consist of scrap tires, in such quantities or under	4539
such circumstances that, in the determination of the director, are	4540
unlikely to adversely affect the public health or safety or the	4541
environment from any requirement to obtain a registration	4542
certificate, permit, or license or comply with the manifest system	4543
or other requirements of this chapter. Such an exemption shall be	4544
consistent with and equivalent to any regulations adopted by the	4545
administrator of the United States environmental protection agency	4546
under the "Resource Conservation and Recovery Act of 1976," 90	4547
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	4548
provided in this chapter.	4549

(H) No person shall engage in filling, grading, excavating,	4550
building, drilling, or mining on land where a hazardous waste	4551
facility, or a solid waste facility, was operated without prior	4552
authorization from the director, who shall establish the procedure	4553
for granting such authorization by rules adopted in accordance	4554
with Chapter 119. of the Revised Code.	4555

A public utility that has main or distribution lines above or	4556
below the land surface located on an easement or right-of-way	4557
across land where a solid waste facility was operated may engage	4558
in any such activity within the easement or right-of-way without	4559
prior authorization from the director for purposes of performing	4560
emergency repair or emergency replacement of its lines; of the	4561
poles, towers, foundations, or other structures supporting or	4562
sustaining any such lines; or of the appurtenances to those	4563
structures, necessary to restore or maintain existing public	4564
utility service. A public utility may enter upon any such easement	4565
or right-of-way without prior authorization from the director for	4566
purposes of performing necessary or routine maintenance of those	4567
portions of its existing lines; of the existing poles, towers,	4568
foundations, or other structures sustaining or supporting its	4569
lines; or of the appurtenances to any such supporting or	4570
sustaining structure, located on or above the land surface on any	4571
such easement or right-of-way. Within twenty-four hours after	4572
commencing any such emergency repair, replacement, or maintenance	4573
work, the public utility shall notify the director or the	4574
director's authorized representative of those activities and shall	4575
provide such information regarding those activities as the	4576
director or the director's representative may request. Upon	4577
completion of the emergency repair, replacement, or maintenance	4578
activities, the public utility shall restore any land of the solid	4579
waste facility disturbed by those activities to the condition	4580
existing prior to the commencement of those activities.	4581

(I) No owner or operator of a hazardous waste facility, in	4582
the operation of the facility, shall cause, permit, or allow the	4583
emission therefrom of any particulate matter, dust, fumes, gas,	4584
mist, smoke, vapor, or odorous substance that, in the opinion of	4585
the director, unreasonably interferes with the comfortable	4586
enjoyment of life or property by persons living or working in the	4587
vicinity of the facility, or that is injurious to public health.	4588
Any such action is hereby declared to be a public nuisance.	4589

(J) Notwithstanding any other provision of this chapter, in	4590
the event the director finds an imminent and substantial danger to	4591
public health or safety or the environment that creates an	4592
emergency situation requiring the immediate treatment, storage, or	4593
disposal of hazardous waste, the director may issue a temporary	4594
emergency permit to allow the treatment, storage, or disposal of	4595
the hazardous waste at a facility that is not otherwise authorized	4596
by a hazardous waste facility installation and operation permit to	4597
treat, store, or dispose of the waste. The emergency permit shall	4598
not exceed ninety days in duration and shall not be renewed. The	4599
director shall adopt, and may amend, suspend, or rescind, rules in	4600
accordance with Chapter 119. of the Revised Code governing the	4601
issuance, modification, revocation, and denial of emergency	4602
permits.	4603

(K) Except for infectious wastes generated by a person who	4604
produces fewer than fifty pounds of infectious wastes at a	4605
premises during any one month, no owner or operator of a sanitary	4606
landfill shall knowingly accept for disposal, or dispose of, any	4607
infectious wastes that have not been treated to render them	4608
noninfectious.	4609

(L) The director, in accordance with Chapter 119. of the	4610
Revised Code, shall adopt, and may amend, suspend, or rescind,	4611
rules having uniform application throughout the state establishing	4612
a training and certification program that shall be required for	4613
employees of boards of health who are responsible for enforcing	4614
the solid waste and infectious waste provisions of this chapter	4615
and rules adopted under them and for persons who are responsible	4616
for the operation of solid waste facilities or infectious waste	4617
treatment facilities. The rules shall provide all of the	4618
following, without limitation:	4619

(1) The program shall be administered by the director and	4620
shall consist of a course on new solid waste and infectious waste	4621
technologies, enforcement procedures, and rules;	4622

(2) The course shall be offered on an annual basis;

4623

(3) Those persons who are required to take the course under	4624
division (L) of this section shall do so triennially;	4625

(4) Persons who successfully complete the course shall be	4626
certified by the director;	4627

(5) Certification shall be required for all employees of	4628
boards of health who are responsible for enforcing the solid waste	4629
or infectious waste provisions of this chapter and rules adopted	4630
under them and for all persons who are responsible for the	4631
operation of solid waste facilities or infectious waste treatment	4632
facilities;	4633

(6)(a) All employees of a board of health who, on the	4634
effective date of the rules adopted under this division, are	4635
responsible for enforcing the solid waste or infectious waste	4636
provisions of this chapter and the rules adopted under them shall	4637
complete the course and be certified by the director not later	4638
than January 1, 1995;	4639

(b) All employees of a board of health who, after the	4640
effective date of the rules adopted under division (L) of this	4641
section, become responsible for enforcing the solid waste or	4642
infectious waste provisions of this chapter and rules adopted	4643
under them and who do not hold a current and valid certification	4644
from the director at that time shall complete the course and be	4645
certified by the director within two years after becoming	4646
responsible for performing those activities.	4647

No person shall fail to obtain the certification required	4648
under this division.	4649

(M) The director shall not issue a permit under section	4650
3734.05 of the Revised Code to establish a solid waste facility,	4651
or to modify a solid waste facility operating on December 21,	4652
1988, in a manner that expands the disposal capacity or geographic	4653
area covered by the facility, that is or is to be located within	4654
the boundaries of a state park established or dedicated under	4655
Chapter 1541. of the Revised Code, a state park purchase area	4656
established under section 1541.02 of the Revised Code, any unit of	4657
the national park system, or any property that lies within the	4658
boundaries of a national park or recreation area, but that has not	4659
been acquired or is not administered by the secretary of the	4660
United States department of the interior, located in this state,	4661
or any candidate area located in this state and identified for	4662
potential inclusion in the national park system in the edition of	4663
the "national park system plan" submitted under paragraph (b) of	4664
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	4665
U.S.C.A. 1a-5, as amended, current at the time of filing of the	4666
application for the permit, unless the facility or proposed	4667
facility is or is to be used exclusively for the disposal of solid	4668
wastes generated within the park or recreation area and the	4669
director determines that the facility or proposed facility will	4670
not degrade any of the natural or cultural resources of the park	4671
or recreation area. The director shall not issue a variance under	4672
division (A) of this section and rules adopted under it, or issue	4673
an exemption order under division (G) of this section, that would	4674
authorize any such establishment or expansion of a solid waste	4675
facility within the boundaries of any such park or recreation	4676
area, state park purchase area, or candidate area, other than a	4677
solid waste facility exclusively for the disposal of solid wastes	4678
generated within the park or recreation area when the director	4679
determines that the facility will not degrade any of the natural	4680
or cultural resources of the park or recreation area.	4681

(N)(1) The rules adopted under division (A) of this section,	4682
other than those governing variances, do not apply to scrap tire	4683
collection, storage, monocell, monofill, and recovery facilities.	4684
Those facilities are subject to and governed by rules adopted	4685
under sections 3734.70 to 3734.73 of the Revised Code, as	4686
applicable.	4687

(2) Division (C) of this section does not apply to scrap tire	4688
collection, storage, monocell, monofill, and recovery facilities.	4689
The establishment and modification of those facilities are subject	4690
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	4691
Code, as applicable.	4692

(3) The director may adopt, amend, suspend, or rescind rules	4693
under division (A) of this section creating an alternative system	4694
for authorizing the establishment, operation, or modification of a	4695
solid waste compost facility in lieu of the requirement that a	4696
person seeking to establish, operate, or modify a solid waste	4697
compost facility apply for and receive a permit under division (C)	4698
of this section and section 3734.05 of the Revised Code and a	4699
license under division (A)(1) of that section. The rules may	4700
include requirements governing, without limitation, the	4701
classification of solid waste compost facilities, the submittal of	4702
operating records for solid waste compost facilities, and the	4703
creation of a registration or notification system in lieu of the	4704
issuance of permits and licenses for solid waste compost	4705
facilities. The rules shall specify the applicability of divisions	4706
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	4707
Code to a solid waste compost facility.	4708

(O)(1) As used in this division, "secondary aluminum waste"	4709
means waste material or byproducts, when disposed of, containing	4710
aluminum generated from secondary aluminum smelting operations and	4711
consisting of dross, salt cake, baghouse dust associated with	4712
aluminum recycling furnace operations, or dry-milled wastes.	4713

(2) The owner or operator of a sanitary landfill shall not	4714
dispose of municipal solid waste that has been commingled with	4715
secondary aluminum waste.	4716

(3) The owner or operator of a sanitary landfill may dispose	4717
of secondary aluminum waste, but only in a monocell or monofill	4718
that has been permitted for that purpose in accordance with this	4719
chapter and rules adopted under it.	4720

(P)(1) As used in divisions (P) and (Q) of this section:

4721

(a) "Natural background" means two picocuries per gram or the	4722
actual number of picocuries per gram as measured at an individual	4723
solid waste facility, subject to verification by the director of	4724
health.	4725

(b) "Drilling operation" includes a production operation as	4726
defined in section 1509.01 of the Revised Code.	4727

(2) The owner or operator of a solid waste facility shall not	4728
accept for transfer or disposal technologically enhanced naturally	4729
occurring radioactive material if that material contains or is	4730
contaminated with radium-226, radium-228, or any combination of	4731
radium-226 and radium-228 at concentrations equal to or greater	4732
than five picocuries per gram above natural background.	4733

(3) The owner or operator of a solid waste facility may	4734
receive and process for purposes other than transfer or disposal	4735
technologically enhanced naturally occurring radioactive material	4736
that contains or is contaminated with radium-226, radium-228, or	4737
any combination of radium-226 and radium-228 at concentrations	4738
equal to or greater than five picocuries per gram above natural	4739
background, provided that the owner or operator has obtained and	4740
maintains all other necessary authorizations, including any	4741
authorization required by rules adopted by the director of health	4742
under section 3748.04 of the Revised Code.	4743

(4) The director of environmental protection may adopt rules	4744
in accordance with Chapter 119. of the Revised Code governing the	4745
receipt, acceptance, processing, handling, management, and	4746
disposal by solid waste facilities of material that contains or is	4747
contaminated with radioactive material, including, without	4748
limitation, technologically enhanced naturally occurring	4749
radioactive material that contains or is contaminated with	4750
radium-226, radium-228, or any combination of radium-226 and	4751
radium-228 at concentrations less than five picocuries per gram	4752
above natural background. Rules adopted by the director may	4753
include at a minimum both of the following:	4754

(a) Requirements in accordance with which the owner or	4755
operator of a solid waste facility must monitor leachate and	4756
ground water for radium-226, radium-228, and other radionuclides;	4757

(b) Requirements in accordance with which the owner or	4758
operator of a solid waste facility must develop procedures to	4759
ensure that technologically enhanced naturally occurring	4760
radioactive material accepted at the facility neither contains nor	4761
is contaminated with radium-226, radium-228, or any combination of	4762
radium-226 and radium-228 at concentrations equal to or greater	4763
than five picocuries per gram above natural background.	4764

(Q) Notwithstanding any other provision of this section, the	4765
owner or operator of a solid waste facility shall not receive,	4766
accept, process, handle, manage, or dispose of technologically	4767
enhanced naturally occurring radioactive material associated with	4768
drilling operations without first obtaining representative	4769
analytical results to determine compliance with divisions (P)(2)	4770
and (3) of this section and rules adopted under it.	4771

Sec. 3734.029.  (A)(1) Except as otherwise provided in	4772
division (A)(2) of this section, the standards of quality for	4773
compost products established in rules adopted under division (A)	4774
of section 3734.028 of the Revised Code apply to compost products	4775
produced by a facility composting dead animals that is subject to	4776
section 1511.022939.04 of the Revised Code in addition to compost	4777
products produced by facilities subject to this chapter.	4778

(2) The standards of quality established in rules adopted	4779
under division (A) of section 3734.028 of the Revised Code do not	4780
apply to the use, distribution for use, or giving away of the	4781
compost products produced by a composting facility subject to	4782
section 1511.022939.04 of the Revised Code when either of the	4783
following applies:	4784

(a) The composting is conducted by the person who raises the	4785
animals and the compost product is used in agricultural operations	4786
owned or operated by that person, regardless of whether the person	4787
owns the animals;.	4788

(b) The composting is conducted by the person who owns the	4789
animals, but does not raise them and the compost product is used	4790
in agricultural operations either by a person who raises the	4791
animals or by a person who raises grain that is used to feed them	4792
and that is supplied by the owner of the animals.	4793

(B) No owner or operator of a composting facility that is	4794
subject to regulation under section 1511.022939.04 of the Revised	4795
Code shall sell or offer for sale at retail or wholesale,	4796
distribute for use, or give away any compost product that does not	4797
comply with the standard of quality applicable under division (A)	4798
of this section for the use for which the product is being sold,	4799
offered for sale, distributed, or given away.	4800

No person shall violate this division.

4801

Sec. 3745.70.  As used in sections 3745.70 to 3745.73 of the	4802
Revised Code:	4803

(A) "Environmental audit" means a voluntary, thorough, and	4804
discrete self-evaluation of one or more activities at one or more	4805
facilities or properties that is documented; is designed to	4806
improve compliance, or identify, correct, or prevent	4807
noncompliance, with environmental laws; and is conducted by the	4808
owner or operator of a facility or property or the owner's or	4809
operator's employee or independent contractor. An environmental	4810
audit may be conducted by the owner or operator of a facility or	4811
property, the owner's or operator's employees, or independent	4812
contractors. Once initiated, an audit shall be completed within a	4813
reasonable time, not to exceed six months, unless a written	4814
request for an extension is approved by the head officer of the	4815
governmental agency, or division or office thereof, with	4816
jurisdiction over the activities being audited based on a showing	4817
of reasonable grounds. An audit shall not be considered to be	4818
initiated until the owner or operator or the owner's or operator's	4819
employee or independent contractor actively has begun the	4820
self-evaluation of environmental compliance.	4821

(B) "Activity" means any process, procedure, or function that	4822
is subject to environmental laws.	4823

(C) "Voluntary" means, with respect to an environmental audit	4824
of a particular activity, that both of the following apply when	4825
the audit of that activity commences:	4826

(1) The audit is not required by law, prior litigation, or an	4827
order by a court or a government agency;	4828

(2) The owner or operator who conducts the audit does not	4829
know or have reason to know that a government agency has commenced	4830
an investigation or enforcement action that concerns a violation	4831
of environmental laws involving the activity or that such an	4832
investigation or enforcement action is imminent.	4833

(D) "Environmental audit report" means interim or final data,	4834
documents, records, or plans that are necessary to an	4835
environmental audit and are collected, developed, made, and	4836
maintained in good faith as part of the audit, and may include,	4837
without limitation:	4838

(1) Analytical data, laboratory reports, field notes and	4839
records of observations, findings, opinions, suggestions,	4840
conclusions, drafts, memoranda, drawings, photographs,	4841
computer-generated or electronically recorded information, maps,	4842
charts, graphs, and surveys;	4843

(2) Reports that describe the scope, objectives, and methods	4844
of the environmental audit, audit management policies, the	4845
information gained by the environmental audit, and conclusions and	4846
recommendations together with exhibits and appendices;	4847

(3) Memoranda, documents, records, and plans analyzing the	4848
environmental audit report or discussing implementation,	4849
prevention, compliance, and remediation issues associated with the	4850
environmental audit.	4851

"Environmental audit report" does not mean corrective or	4852
remedial action taken pursuant to an environmental audit.	4853

(E) "Environmental laws" means sections 939.02, 1511.02, and	4854
1531.29, Chapters 3704., 3734., 3745., 3746., 3750., 3751., 3752.,	4855
6109., and 6111. of the Revised Code, and any other sections or	4856
chapters of the Revised Code the principal purpose of which is	4857
environmental protection; any federal or local counterparts or	4858
extensions of those sections or chapters; rules adopted under any	4859
such sections, chapters, counterparts, or extensions; and terms	4860
and conditions of orders, permits, licenses, license renewals,	4861
variances, exemptions, or plan approvals issued under such	4862
sections, chapters, counterparts, or extensions.	4863

Sec. 3750.13.  (A)(1) Except as provided in division (A)(3)	4864
or (4) of this section, the owner or operator of a facility	4865
required to annually file an emergency and hazardous chemical	4866
inventory form under section 3750.08 of the Revised Code shall	4867
submit with the inventory form a filing fee of one hundred fifty	4868
dollars. In addition to the filing fee, the owner or operator	4869
shall submit with the inventory form the following additional fees	4870
for reporting inventories of the individual hazardous chemicals	4871
and extremely hazardous substances produced, used, or stored at	4872
the facility:	4873

(a) Except as provided in division (A)(1)(b) of this section,	4874
an additional fee of twenty dollars per hazardous chemical	4875
enumerated on the inventory form;	4876

(b) An additional fee of one hundred fifty dollars per	4877
extremely hazardous substance enumerated on the inventory form.	4878
The fee established in division (A)(1)(a) of this section does not	4879
apply to the reporting of the inventory of a hazardous chemical	4880
that is also an extremely hazardous substance to which the	4881
inventory reporting fee established in division (A)(1)(b) of this	4882
section applies.	4883

The total fees required to accompany any inventory form shall	4884
not exceed twenty-five hundred dollars.	4885

(2) An owner or operator of a facility who fails to submit	4886
such an inventory form within thirty days after the applicable	4887
filing date prescribed in section 3750.08 of the Revised Code	4888
shall submit with the inventory form a late filing fee in the	4889
amount of ten per cent per year of the total fees due under	4890
division (A)(1) or (4) of this section, in addition to the fees	4891
due under division (A)(1) or (4) of this section.	4892

(3) The owner or operator of a facility who, during the	4893
preceding year, was required to pay a fee to a municipal	4894
corporation pursuant to an ordinance, rule, or requirement that	4895
was in effect on the effective date of this section for the	4896
reporting or providing of the names or amounts of extremely	4897
hazardous substances or hazardous chemicals produced, used, or	4898
stored at the facility may claim a credit against the fees due	4899
under division (A)(1) or (4) of this section for the fees paid to	4900
the municipal corporation pursuant to its reporting requirement.	4901
The amount of the credit claimed in any reporting year shall not	4902
exceed the amount of the fees due under division (A)(1) or (4) of	4903
this section during that reporting year, and no unused portion of	4904
the credit shall be carried over to subsequent years. In order to	4905
claim a credit under this division, the owner or operator shall	4906
submit with the emergency and hazardous chemical inventory form a	4907
receipt issued by the municipal corporation or other documentation	4908
acceptable to the commission indicating the amount of the fee paid	4909
to the municipal corporation and the date on which the fee was	4910
paid.	4911

(4) An owner or operator who is regulated under Chapter 1509.	4912
of the Revised Code and who submits information under section	4913
1509.11 of the Revised Code for not more than twenty-five	4914
facilities shall submit to the emergency response commission on or	4915
before the first day of March a flat fee of fifty dollars if the	4916
facilities meet all of the following conditions:	4917

(a) The facility exclusively stores crude oil or liquid	4918
hydrocarbons or other fluids resulting, obtained, or produced in	4919
connection with the production or storage of crude oil or natural	4920
gas.	4921

(b) The crude oil, liquid hydrocarbons, or other fluids	4922
stored at the facility are conveyed directly to it through piping	4923
or tubing.	4924

(c) The facility is located on the same site as, or on a site	4925
adjacent to, the well from which the crude oil, liquid	4926
hydrocarbons, or other fluids are produced or obtained.	4927

(d) The facility is used for the storage of the crude oil,	4928
liquid hydrocarbons, or other fluids prior to their transportation	4929
off the premises of the facility for sale, use, or disposal.	4930

An owner or operator who submits information for more than	4931
twenty-five facilities that meet all of the conditions prescribed	4932
in divisions (A)(4)(a) to (d) of this section shall submit to the	4933
commission a base fee of fifty dollars and an additional filing	4934
fee of ten dollars for each facility reported in excess of	4935
twenty-five, but not exceeding a total fee of nine hundred	4936
dollars.	4937

As used in division (A)(4) of this section, "owner or	4938
operator" means the person who actually owns or operates any such	4939
facility and any other person who controls, is controlled by, or	4940
is under common control with the person who actually owns or	4941
operates the facility.	4942

(B) The emergency response commission and the local emergency	4943
planning committee of an emergency planning district may establish	4944
fees to be paid by persons, other than public officers or	4945
employees, obtaining copies of documents or information submitted	4946
to the commission or a committee under this chapter. The fees	4947
shall be established at a level calculated to defray the costs to	4948
the commission or committee for copying the documents or	4949
information, but shall not exceed the maximum fees established in	4950
rules adopted under division (B)(8) of section 3750.02 of the	4951
Revised Code.	4952

(C) Except as provided in this division and division (B) of	4953
this section, and except for fees authorized by section 3737.22 of	4954
the Revised Code or rules adopted under sections 3737.82 to	4955
3737.882 of the Revised Code and collected exclusively for either	4956
of those purposes, no committee or political subdivision shall	4957
levy any fee, tax, excise, or other charge to carry out the	4958
purposes of this chapter. A committee may charge the actual costs	4959
involved in accessing any computerized data base established by	4960
the commission under this chapter or by the United States	4961
environmental protection agency under the "Emergency Planning and	4962
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A.	4963
11001.	4964

(D) Moneys collected by the commission under this section	4965
shall be credited to the emergency planning and community	4966
right-to-know fund created in section 3750.14 of the Revised Code.	4967

Sec. 3750.14.  (A) There is hereby created in the state	4968
treasury the emergency planning and community right-to-know fund.	4969
Moneys received by the emergency response commission under section	4970
3750.13 of the Revised Code and civil penalties imposed under	4971
division (B) of section 3750.20 of the Revised Code shall be	4972
credited to the fund until an aggregate amount of five million	4973
dollars has been credited to it during a fiscal year. All moneys	4974
in excess of five million dollars so received during a fiscal year	4975
shall be credited to the emergency response and community	4976
right-to-know reserve fund created in section 3750.15 of the	4977
Revised Code.	4978

(B) The emergency response commission shall administer the	4979
emergency planning and community right-to-know fund. On or before	4980
the first day of May of each year, the commission shall allocate	4981
moneys in the fund for grants to each of the following entities or	4982
classes of entities in the percentages stated:	4983

(1) To the commission, not less than fifteen nor more than	4984
twenty-five per cent of the moneys in the fund;	4985

(2) To local emergency planning committees, not less than	4986
sixty-five nor more than seventy-five per cent of the moneys in	4987
the fund;	4988

(3) To fire departments, not less than five nor more than	4989
fifteen per cent of the moneys in the fund.	4990

Moneys credited to the fund under section 3750.13 of the	4991
Revised Code from the fees paid by the owner or operator of a	4992
facility who first submitted an emergency and hazardous chemical	4993
inventory form for the facility on or before the first day of	4994
March of the current year shall not be considered when making	4995
allocations under divisions (B)(1), (2), and (3) of this section,	4996
but shall be distributed pursuant to division (E) of this section.	4997
The allocated moneys shall be distributed at the start of each	4998
fiscal year. The commission's decisions on the distribution of	4999
moneys from the fund are not appealable.	5000

(C) From the moneys allocated under division (B)(1), (2), or	5001
(3) of this section, as appropriate, the commission shall make	5002
grants from the fund to the commission, local emergency planning	5003
committees, and fire departments for implementation and	5004
administration of this chapter and rules adopted under it,	5005
including, without limitation, the development and implementation	5006
of chemical emergency response and preparedness plans. The	5007
commission shall make grants under this division in accordance	5008
with rules adopted under division (B)(7) of section 3750.02 of the	5009
Revised Code. In making grants to committees and fire departments	5010
under this division, the commission shall consider the needs of	5011
the emergency planning district or fire department in terms of the	5012
minimum amount of money necessary for a committee to prepare or	5013
revise, exercise, and review its chemical emergency response and	5014
preparedness plan in terms of its minimum requirements for	5015
personnel and essential office equipment; the number of facilities	5016
in the district or under the jurisdiction of the fire department	5017
that are subject to section 3750.05 of the Revised Code; the	5018
amounts of extremely hazardous substances produced, used, or	5019
stored in the district or territory under the jurisdiction of the	5020
fire department; the amounts of hazardous materials transported in	5021
or through the district or territory under the jurisdiction of the	5022
fire department; and the population within the district or under	5023
the jurisdiction of the fire department that resides in close	5024
proximity to facilities that are subject to that section and to	5025
principal routes for the transportation of hazardous materials	5026
identified or listed by regulations adopted under the "Hazardous	5027
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	5028
1801, as amended.	5029

Each application for a grant under this division shall be	5030
made in accordance with rules adopted under division (B)(7) of	5031
section 3750.02 of the Revised Code and shall demonstrate that the	5032
grant will enhance the ability of the recipient or, in the case of	5033
the commission, the state as a whole to prepare for and respond to	5034
releases of hazardous substances and extremely hazardous	5035
substances. A fire department shall apply for and receive a grant	5036
under this division only through the committee for the emergency	5037
planning district in which the fire department is located.	5038

(D)(1) Moneys received by the commission, committees, and	5039
fire departments under this section shall not be used to do any of	5040
the following:	5041

(a) Acquire first response equipment, except as otherwise	5042
provided in division (D)(4) of this section;	5043

(b) Defray costs for copying and mailing hazardous chemical	5044
lists, material safety data sheets, or emergency and hazardous	5045
chemical inventory forms submitted under this chapter for	5046
distribution to the public;	5047

(c) Reimburse any person for expenditures incurred for	5048
emergency response and cleanup of a release of oil, a hazardous	5049
substance, or an extremely hazardous substance;	5050

(d) Perform any assessment of damages to natural resources	5051
resulting from a release of oil, a hazardous substance, or an	5052
extremely hazardous substance.	5053

(2) The commission may use moneys in the fund to pay the	5054
costs incurred by other state agencies in implementing and	5055
administering the requirements of this chapter and rules adopted	5056
under it.	5057

(3) In making a grant under this section to the fire	5058
department of a municipal corporation that is collecting a fee	5059
pursuant to an ordinance, rule, or requirement for the reporting	5060
or providing of the names and amounts of extremely hazardous	5061
substances or hazardous chemicals produced, used, or stored at	5062
facilities in the municipal corporation that was in effect on the	5063
effective date of this section, the commission shall first	5064
determine the amount of the grant for which the fire department	5065
would otherwise be eligible under this section and shall subtract	5066
from that amount the total amount of the moneys collected by the	5067
municipal corporation during the preceding year pursuant to the	5068
reporting requirement, as certified to the commission in the grant	5069
application. If that calculation yields a positive remainder, the	5070
commission may make a grant to the fire department in that amount.	5071
Otherwise, the fire department is not eligible for a grant under	5072
this section for that year.	5073

(4) After a committee determines that the initial training	5074
needs for emergency management personnel within its emergency	5075
planning district set forth in the committee's plan or most recent	5076
review of its plan under section 3750.04 of the Revised Code have	5077
been met, a committee may make grants from the moneys it receives	5078
under this section to fire departments located within the district	5079
for the purchase of first response equipment.	5080

(5) During the first three fiscal years commencing after	5081
December 14, 1988, political subdivisions within an emergency	5082
planning district may apply to the committee of the district for	5083
reimbursement of moneys spent and in-kind contributions made by	5084
the political subdivision to the committee at any time prior to	5085
the committee's receipt of its first grant under this section for	5086
performance of the functions of a local emergency planning	5087
committee. The committee may make grants from the moneys it	5088
receives under this section during those fiscal years to reimburse	5089
any portion of the contributions made by a political subdivision	5090
to the committee to the extent that the committee considers that	5091
moneys are available for that purpose.	5092

(E) In the year in which the owner or operator of a facility	5093
who is subject to filing an emergency and hazardous chemical	5094
inventory form for the facility first files a form for the	5095
facility, the commission shall make a grant to the local emergency	5096
planning committee of the emergency planning district in which the	5097
facility is located for the total amount of the fees and any	5098
penalties collected under division (A)(1),or (2), or (4) of	5099
section 3750.13 of the Revised Code in that year in connection	5100
with the filing of the form for the facility. The amount of the	5101
grant provided under this division shall be in addition to any	5102
grant provided to the committee under division (C) of this section	5103
or division (B) of section 3750.15 of the Revised Code. The amount	5104
of a grant to be provided under this division shall not be	5105
considered in determining the committee's need for a grant under	5106
division (C) of this section or division (B) of section 3750.15 of	5107
the Revised Code or in determining the amount of any such grant.	5108
If a committee also will receive a grant under division (C) of	5109
this section, the grant provided under this division shall	5110
accompany that grant. If a committee will not receive a grant	5111
under division (C) of this section in a year in which the	5112
committee is to receive a grant under this division, the grant	5113
under this division shall be made to the committee at the time	5114
that the grants under division (C) of this section are	5115
distributed. Moneys received by a local committee under this	5116
division shall be used for the same purposes as the grants	5117
received under division (C) of this section.	5118

Sec. 6109.10.  (A)(1) As used in this section, "lead free"	5119
means:	5120

(1) When used with respect to solders or flux, solders or	5121
flux containing(a) Containing not more than two-tenths of one per	5122
cent lead when used with respect to solders or flux;	5123

(2) When used with respect to pipes or pipe fittings, pipes	5124
or pipe fittings containing(b) Containing not more than eighta	5125
weighted average of twenty-five-hundredths per cent lead when used	5126
with respect to wetted surfaces of pipes, pipe fittings, or	5127
plumbing fittings or fixtures.	5128

(B) Any pipe, pipe fitting, solder, or flux that is used in	5129
the installation or repair of a public water system or of any	5130
plumbing in a residential or nonresidential facility providing	5131
water for human consumption which is connected to a public water	5132
system shall be lead free. This division does not apply to leaded	5133
joints necessary for the repair of cast iron pipes.(2) For	5134
purposes of this section, the weighted average lead content of a	5135
pipe, pipe fitting, or plumbing fitting or fixture shall be	5136
calculated by using the following formula: for each wetted	5137
component, the percentage of lead in the component shall be	5138
multiplied by the ratio of the wetted surface area of that	5139
component to the total wetted surface area of the entire product	5140
to determine the weighted percentage of lead of the component. The	5141
weighted percentage of lead of each wetted component shall be	5142
added together, and the sum of the weighted percentages shall	5143
constitute the weighted average lead content of the product. The	5144
lead content of the material used to produce wetted components	5145
shall be used to determine whether the wetted surfaces are lead	5146
free pursuant to division (A)(1)(b) of this section. For purposes	5147
of the lead contents of materials that are provided as a range,	5148
the maximum content of the range shall be used.	5149

(B) Except as provided in division (D) of this section, no	5150
person shall do any of the following:	5151

(1) Use any pipe, pipe fitting, plumbing fitting or fixture,	5152
solder, or flux that is not lead free in the installation or	5153
repair of a public water system or of any plumbing in a	5154
residential or nonresidential facility providing water for human	5155
consumption;	5156

(2) Introduce into commerce any pipe, pipe fitting, or	5157
plumbing fitting or fixture that is not lead free;	5158

(3) Sell solder or flux that is not lead free while engaged	5159
in the business of selling plumbing supplies;	5160

(4) Introduce into commerce any solder or flux that is not	5161
lead free unless the solder or flux has a prominent label stating	5162
that it is illegal to use the solder or flux in the installation	5163
or repair of any plumbing providing water for human consumption.	5164

(C) EachThe owner or operator of a public water system shall	5165
identify and provide notice to persons that may be affected by	5166
lead contamination of their drinking water if the contamination	5167
results from the lead content in the construction materials of the	5168
public water distribution system, the corrosivity of the water	5169
supply is sufficient to cause the leaching of lead, or both. The	5170
notice shall be in such form and manner as may be reasonably	5171
required by the director of environmental protection, but shall	5172
provide a clear and readily understandable explanation of all of	5173
the following:	5174

(1) Potential sources of lead in the drinking water;

5175

(2) Potential adverse health effects;

5176

(3) Reasonably available methods of mitigating known or	5177
potential lead content in drinking water;	5178

(4) Any steps the public water system is taking to mitigate	5179
lead content in drinking water;	5180

(5) The necessity, if any, of seeking alternative water	5181
supplies.	5182

The notice shall be provided notwithstanding the absence of a	5183
violation of any drinking water standard.	5184

(D)(1) Division (B)(1) of this section does not apply to the	5185
use of leaded joints that are necessary for the repair of cast	5186
iron pipes.	5187

(2) Division (B)(2) of this section does not apply to a pipe	5188
that is used in manufacturing or industrial processing.	5189

(3) Division (B)(3) of this section does not apply to the	5190
selling of plumbing supplies by manufacturers of those supplies.	5191

(4) Division (B) of this section does not apply to either of	5192
the following:	5193

(a) Pipes, pipe fittings, or plumbing fittings or fixtures,	5194
including backflow preventers, that are used exclusively for	5195
nonpotable services such as manufacturing, industrial processing,	5196
irrigation, outdoor watering, or any other uses where the water is	5197
not anticipated to be used for human consumption;	5198

(b) Toilets, bidets, urinals, fill valves, flushometer	5199
valves, tub fillers, shower valves, service saddles, or water	5200
distribution main gate valves that are two inches in diameter or	5201
larger.	5202

Sec. 6111.03.  The director of environmental protection may	5203
do any of the following:	5204

(A) Develop plans and programs for the prevention, control,	5205
and abatement of new or existing pollution of the waters of the	5206
state;	5207

(B) Advise, consult, and cooperate with other agencies of the	5208
state, the federal government, other states, and interstate	5209
agencies and with affected groups, political subdivisions, and	5210
industries in furtherance of the purposes of this chapter. Before	5211
adopting, amending, or rescinding a standard or rule pursuant to	5212
division (G) of this section or section 6111.041 or 6111.042 of	5213
the Revised Code, the director shall do all of the following:	5214

(1) Mail notice to each statewide organization that the	5215
director determines represents persons who would be affected by	5216
the proposed standard or rule, amendment thereto, or rescission	5217
thereof at least thirty-five days before any public hearing	5218
thereon;	5219

(2) Mail a copy of each proposed standard or rule, amendment	5220
thereto, or rescission thereof to any person who requests a copy,	5221
within five days after receipt of the request therefor;	5222

(3) Consult with appropriate state and local government	5223
agencies or their representatives, including statewide	5224
organizations of local government officials, industrial	5225
representatives, and other interested persons.	5226

Although the director is expected to discharge these duties	5227
diligently, failure to mail any such notice or copy or to so	5228
consult with any person shall not invalidate any proceeding or	5229
action of the director.	5230

(C) Administer grants from the federal government and from	5231
other sources, public or private, for carrying out any of its	5232
functions, all such moneys to be deposited in the state treasury	5233
and kept by the treasurer of state in a separate fund subject to	5234
the lawful orders of the director;	5235

(D) Administer state grants for the construction of sewage	5236
and waste collection and treatment works;	5237

(E) Encourage, participate in, or conduct studies,	5238
investigations, research, and demonstrations relating to water	5239
pollution, and the causes, prevention, control, and abatement	5240
thereof, that are advisable and necessary for the discharge of the	5241
director's duties under this chapter;	5242

(F) Collect and disseminate information relating to water	5243
pollution and prevention, control, and abatement thereof;	5244

(G) Adopt, amend, and rescind rules in accordance with	5245
Chapter 119. of the Revised Code governing the procedure for	5246
hearings, the filing of reports, the issuance of permits, the	5247
issuance of industrial water pollution control certificates, and	5248
all other matters relating to procedure;	5249

(H) Issue, modify, or revoke orders to prevent, control, or	5250
abate water pollution by such means as the following:	5251

(1) Prohibiting or abating discharges of sewage, industrial	5252
waste, or other wastes into the waters of the state;	5253

(2) Requiring the construction of new disposal systems or any	5254
parts thereof, or the modification, extension, or alteration of	5255
existing disposal systems or any parts thereof;	5256

(3) Prohibiting additional connections to or extensions of a	5257
sewerage system when the connections or extensions would result in	5258
an increase in the polluting properties of the effluent from the	5259
system when discharged into any waters of the state;	5260

(4) Requiring compliance with any standard or rule adopted	5261
under sections 6111.01 to 6111.05 of the Revised Code or term or	5262
condition of a permit.	5263

In the making of those orders, wherever compliance with a	5264
rule adopted under section 6111.042 of the Revised Code is not	5265
involved, consistent with the Federal Water Pollution Control Act,	5266
the director shall give consideration to, and base the	5267
determination on, evidence relating to the technical feasibility	5268
and economic reasonableness of complying with those orders and to	5269
evidence relating to conditions calculated to result from	5270
compliance with those orders, and their relation to benefits to	5271
the people of the state to be derived from such compliance in	5272
accomplishing the purposes of this chapter.	5273

(I) Review plans, specifications, or other data relative to	5274
disposal systems or any part thereof in connection with the	5275
issuance of orders, permits, and industrial water pollution	5276
control certificates under this chapter;	5277

(J)(1) Issue, revoke, modify, or deny sludge management	5278
permits and permits for the discharge of sewage, industrial waste,	5279
or other wastes into the waters of the state, and for the	5280
installation or modification of disposal systems or any parts	5281
thereof in compliance with all requirements of the Federal Water	5282
Pollution Control Act and mandatory regulations adopted	5283
thereunder, including regulations adopted under section 405 of the	5284
Federal Water Pollution Control Act, and set terms and conditions	5285
of permits, including schedules of compliance, where necessary.	5286
Any person who discharges, transports, or handles storm water from	5287
an animal feeding facility, as defined in section 903.01 of the	5288
Revised Code, or pollutants from a concentrated animal feeding	5289
operation, as both terms are defined in that section, is not	5290
required to obtain a permit under division (J)(1) of this section	5291
for the installation or modification of a disposal system	5292
involving pollutants or storm water or any parts of such a system	5293
on and after the date on which the director of agriculture has	5294
finalized the program required under division (A)(1) of section	5295
903.02 of the Revised Code. In addition, any person who	5296
discharges, transports, or handles storm water from an animal	5297
feeding facility, as defined in section 903.01 of the Revised	5298
Code, or pollutants from a concentrated animal feeding operation,	5299
as both terms are defined in that section, is not required to	5300
obtain a permit under division (J)(1) of this section for the	5301
discharge of storm water from an animal feeding facility or	5302
pollutants from a concentrated animal feeding operation on and	5303
after the date on which the United States environmental protection	5304
agency approves the NPDES program submitted by the director of	5305
agriculture under section 903.08 of the Revised Code.	5306

Any permit terms and conditions set by the director shall be	5307
designed to achieve and maintain full compliance with the national	5308
effluent limitations, national standards of performance for new	5309
sources, and national toxic and pretreatment effluent standards	5310
set under that act, and any other mandatory requirements of that	5311
act that are imposed by regulation of the administrator of the	5312
United States environmental protection agency. If an applicant for	5313
a sludge management permit also applies for a related permit for	5314
the discharge of sewage, industrial waste, or other wastes into	5315
the waters of the state, the director may combine the two permits	5316
and issue one permit to the applicant.	5317

A sludge management permit is not required for an entity that	5318
treats or transports sewage sludge or for a sanitary landfill when	5319
all of the following apply:	5320

(a) The entity or sanitary landfill does not generate the	5321
sewage sludge.	5322

(b) Prior to receipt at the sanitary landfill, the entity has	5323
ensured that the sewage sludge meets the requirements established	5324
in rules adopted by the director under section 3734.02 of the	5325
Revised Code concerning disposal of municipal solid waste in a	5326
sanitary landfill.	5327

(c) Disposal of the sewage sludge occurs at a sanitary	5328
landfill that complies with rules adopted by the director under	5329
section 3734.02 of the Revised Code.	5330

As used in division (J)(1) of this section, "sanitary	5331
landfill" means a sanitary landfill facility, as defined in rules	5332
adopted under section 3734.02 of the Revised Code, that is	5333
licensed as a solid waste facility under section 3734.05 of the	5334
Revised Code.	5335

(2) An application for a permit or renewal thereof shall be	5336
denied if any of the following applies:	5337

(a) The secretary of the army determines in writing that	5338
anchorage or navigation would be substantially impaired thereby;	5339

(b) The director determines that the proposed discharge or	5340
source would conflict with an areawide waste treatment management	5341
plan adopted in accordance with section 208 of the Federal Water	5342
Pollution Control Act;	5343

(c) The administrator of the United States environmental	5344
protection agency objects in writing to the issuance or renewal of	5345
the permit in accordance with section 402 (d) of the Federal Water	5346
Pollution Control Act;	5347

(d) The application is for the discharge of any radiological,	5348
chemical, or biological warfare agent or high-level radioactive	5349
waste into the waters of the United States.	5350

(3) To achieve and maintain applicable standards of quality	5351
for the waters of the state adopted pursuant to section 6111.041	5352
of the Revised Code, the director shall impose, where necessary	5353
and appropriate, as conditions of each permit, water quality	5354
related effluent limitations in accordance with sections 301, 302,	5355
306, 307, and 405 of the Federal Water Pollution Control Act and,	5356
to the extent consistent with that act, shall give consideration	5357
to, and base the determination on, evidence relating to the	5358
technical feasibility and economic reasonableness of removing the	5359
polluting properties from those wastes and to evidence relating to	5360
conditions calculated to result from that action and their	5361
relation to benefits to the people of the state and to	5362
accomplishment of the purposes of this chapter.	5363

(4) Where a discharge having a thermal component from a	5364
source that is constructed or modified on or after October 18,	5365
1972, meets national or state effluent limitations or more	5366
stringent permit conditions designed to achieve and maintain	5367
compliance with applicable standards of quality for the waters of	5368
the state, which limitations or conditions will ensure protection	5369
and propagation of a balanced, indigenous population of shellfish,	5370
fish, and wildlife in or on the body of water into which the	5371
discharge is made, taking into account the interaction of the	5372
thermal component with sewage, industrial waste, or other wastes,	5373
the director shall not impose any more stringent limitation on the	5374
thermal component of the discharge, as a condition of a permit or	5375
renewal thereof for the discharge, during a ten-year period	5376
beginning on the date of completion of the construction or	5377
modification of the source, or during the period of depreciation	5378
or amortization of the source for the purpose of section 167 or	5379
169 of the Internal Revenue Code of 1954, whichever period ends	5380
first.	5381

(5) The director shall specify in permits for the discharge	5382
of sewage, industrial waste, and other wastes, the net volume, net	5383
weight, duration, frequency, and, where necessary, concentration	5384
of the sewage, industrial waste, and other wastes that may be	5385
discharged into the waters of the state. The director shall	5386
specify in those permits and in sludge management permits that the	5387
permit is conditioned upon payment of applicable fees as required	5388
by section 3745.11 of the Revised Code and upon the right of the	5389
director's authorized representatives to enter upon the premises	5390
of the person to whom the permit has been issued for the purpose	5391
of determining compliance with this chapter, rules adopted	5392
thereunder, or the terms and conditions of a permit, order, or	5393
other determination. The director shall issue or deny an	5394
application for a sludge management permit or a permit for a new	5395
discharge, for the installation or modification of a disposal	5396
system, or for the renewal of a permit, within one hundred eighty	5397
days of the date on which a complete application with all plans,	5398
specifications, construction schedules, and other pertinent	5399
information required by the director is received.	5400

(6) The director may condition permits upon the installation	5401
of discharge or water quality monitoring equipment or devices and	5402
the filing of periodic reports on the amounts and contents of	5403
discharges and the quality of receiving waters that the director	5404
prescribes. The director shall condition each permit for a	5405
government-owned disposal system or any other "treatment works" as	5406
defined in the Federal Water Pollution Control Act upon the	5407
reporting of new introductions of industrial waste or other wastes	5408
and substantial changes in volume or character thereof being	5409
introduced into those systems or works from "industrial users" as	5410
defined in section 502 of that act, as necessary to comply with	5411
section 402(b)(8) of that act; upon the identification of the	5412
character and volume of pollutants subject to pretreatment	5413
standards being introduced into the system or works; and upon the	5414
existence of a program to ensure compliance with pretreatment	5415
standards by "industrial users" of the system or works. In	5416
requiring monitoring devices and reports, the director, to the	5417
extent consistent with the Federal Water Pollution Control Act,	5418
shall give consideration to technical feasibility and economic	5419
reasonableness and shall allow reasonable time for compliance.	5420

(7) A permit may be issued for a period not to exceed five	5421
years and may be renewed upon application for renewal. In renewing	5422
a permit, the director shall consider the compliance history of	5423
the permit holder and may deny the renewal if the director	5424
determines that the permit holder has not complied with the terms	5425
and conditions of the existing permit. A permit may be modified,	5426
suspended, or revoked for cause, including, but not limited to,	5427
violation of any condition of the permit, obtaining a permit by	5428
misrepresentation or failure to disclose fully all relevant facts	5429
of the permitted discharge or of the sludge use, storage,	5430
treatment, or disposal practice, or changes in any condition that	5431
requires either a temporary or permanent reduction or elimination	5432
of the permitted activity. No application shall be denied or	5433
permit revoked or modified without a written order stating the	5434
findings upon which the denial, revocation, or modification is	5435
based. A copy of the order shall be sent to the applicant or	5436
permit holder by certified mail.	5437

(K) Institute or cause to be instituted in any court of	5438
competent jurisdiction proceedings to compel compliance with this	5439
chapter or with the orders of the director issued under this	5440
chapter, or to ensure compliance with sections 204(b), 307, 308,	5441
and 405 of the Federal Water Pollution Control Act;	5442

(L) Issue, deny, revoke, or modify industrial water pollution	5443
control certificates;	5444

(M) Certify to the government of the United States or any	5445
agency thereof that an industrial water pollution control facility	5446
is in conformity with the state program or requirements for the	5447
control of water pollution whenever the certification may be	5448
required for a taxpayer under the Internal Revenue Code of the	5449
United States, as amended;	5450

(N) Issue, modify, and revoke orders requiring any	5451
"industrial user" of any publicly owned "treatment works" as	5452
defined in sections 212(2) and 502(18) of the Federal Water	5453
Pollution Control Act to comply with pretreatment standards;	5454
establish and maintain records; make reports; install, use, and	5455
maintain monitoring equipment or methods, including, where	5456
appropriate, biological monitoring methods; sample discharges in	5457
accordance with methods, at locations, at intervals, and in a	5458
manner that the director determines; and provide other information	5459
that is necessary to ascertain whether or not there is compliance	5460
with toxic and pretreatment effluent standards. In issuing,	5461
modifying, and revoking those orders, the director, to the extent	5462
consistent with the Federal Water Pollution Control Act, shall	5463
give consideration to technical feasibility and economic	5464
reasonableness and shall allow reasonable time for compliance.	5465

(O) Exercise all incidental powers necessary to carry out the	5466
purposes of this chapter;	5467

(P) Certify or deny certification to any applicant for a	5468
federal license or permit to conduct any activity that may result	5469
in any discharge into the waters of the state that the discharge	5470
will comply with the Federal Water Pollution Control Act;	5471

(Q) Administer and enforce the publicly owned treatment works	5472
pretreatment program in accordance with the Federal Water	5473
Pollution Control Act. In the administration of that program, the	5474
director may do any of the following:	5475

(1) Apply and enforce pretreatment standards;

5476

(2) Approve and deny requests for approval of publicly owned	5477
treatment works pretreatment programs, oversee those programs, and	5478
implement, in whole or in part, those programs under any of the	5479
following conditions:	5480

(a) The director has denied a request for approval of the	5481
publicly owned treatment works pretreatment program;	5482

(b) The director has revoked the publicly owned treatment	5483
works pretreatment program;	5484

(c) There is no pretreatment program currently being	5485
implemented by the publicly owned treatment works;	5486

(d) The publicly owned treatment works has requested the	5487
director to implement, in whole or in part, the pretreatment	5488
program.	5489

(3) Require that a publicly owned treatment works	5490
pretreatment program be incorporated in a permit issued to a	5491
publicly owned treatment works as required by the Federal Water	5492
Pollution Control Act, require compliance by publicly owned	5493
treatment works with those programs, and require compliance by	5494
industrial users with pretreatment standards;	5495

(4) Approve and deny requests for authority to modify	5496
categorical pretreatment standards to reflect removal of	5497
pollutants achieved by publicly owned treatment works;	5498

(5) Deny and recommend approval of requests for fundamentally	5499
different factors variances submitted by industrial users;	5500

(6) Make determinations on categorization of industrial	5501
users;	5502

(7) Adopt, amend, or rescind rules and issue, modify, or	5503
revoke orders necessary for the administration and enforcement of	5504
the publicly owned treatment works pretreatment program.	5505

Any approval of a publicly owned treatment works pretreatment	5506
program may contain any terms and conditions, including schedules	5507
of compliance, that are necessary to achieve compliance with this	5508
chapter.	5509

(R) Except as otherwise provided in this division, adopt	5510
rules in accordance with Chapter 119. of the Revised Code	5511
establishing procedures, methods, and equipment and other	5512
requirements for equipment to prevent and contain discharges of	5513
oil and hazardous substances into the waters of the state. The	5514
rules shall be consistent with and equivalent in scope, content,	5515
and coverage to section 311(j)(1)(c) of the Federal Water	5516
Pollution Control Act and regulations adopted under it. The	5517
director shall not adopt rules under this division relating to	5518
discharges of oil from oil production facilities and oil drilling	5519
and workover facilities as those terms are defined in that act and	5520
regulations adopted under it.	5521

(S)(1) Administer and enforce a program for the regulation of	5522
sludge management in this state. In administering the program, the	5523
director, in addition to exercising the authority provided in any	5524
other applicable sections of this chapter, may do any of the	5525
following:	5526

(a) Develop plans and programs for the disposal and	5527
utilization of sludge and sludge materials;	5528

(b) Encourage, participate in, or conduct studies,	5529
investigations, research, and demonstrations relating to the	5530
disposal and use of sludge and sludge materials and the impact of	5531
sludge and sludge materials on land located in the state and on	5532
the air and waters of the state;	5533

(c) Collect and disseminate information relating to the	5534
disposal and use of sludge and sludge materials and the impact of	5535
sludge and sludge materials on land located in the state and on	5536
the air and waters of the state;	5537

(d) Issue, modify, or revoke orders to prevent, control, or	5538
abate the use and disposal of sludge and sludge materials or the	5539
effects of the use of sludge and sludge materials on land located	5540
in the state and on the air and waters of the state;	5541

(e) Adopt and enforce, modify, or rescind rules necessary for	5542
the implementation of division (S) of this section. The rules	5543
reasonably shall protect public health and the environment,	5544
encourage the beneficial reuse of sludge and sludge materials, and	5545
minimize the creation of nuisance odors.	5546

The director may specify in sludge management permits the net	5547
volume, net weight, quality, and pollutant concentration of the	5548
sludge or sludge materials that may be used, stored, treated, or	5549
disposed of, and the manner and frequency of the use, storage,	5550
treatment, or disposal, to protect public health and the	5551
environment from adverse effects relating to those activities. The	5552
director shall impose other terms and conditions to protect public	5553
health and the environment, minimize the creation of nuisance	5554
odors, and achieve compliance with this chapter and rules adopted	5555
under it and, in doing so, shall consider whether the terms and	5556
conditions are consistent with the goal of encouraging the	5557
beneficial reuse of sludge and sludge materials.	5558

The director may condition permits on the implementation of	5559
treatment, storage, disposal, distribution, or application	5560
management methods and the filing of periodic reports on the	5561
amounts, composition, and quality of sludge and sludge materials	5562
that are disposed of, used, treated, or stored.	5563

An approval of a treatment works sludge disposal program may	5564
contain any terms and conditions, including schedules of	5565
compliance, necessary to achieve compliance with this chapter and	5566
rules adopted under it.	5567

(2) As a part of the program established under division	5568
(S)(1) of this section, the director has exclusive authority to	5569
regulate sewage sludge management in this state. For purposes of	5570
division (S)(2) of this section, that program shall be consistent	5571
with section 405 of the Federal Water Pollution Control Act and	5572
regulations adopted under it and with this section, except that	5573
the director may adopt rules under division (S) of this section	5574
that establish requirements that are more stringent than section	5575
405 of the Federal Water Pollution Control Act and regulations	5576
adopted under it with regard to monitoring sewage sludge and	5577
sewage sludge materials and establishing acceptable sewage sludge	5578
management practices and pollutant levels in sewage sludge and	5579
sewage sludge materials.	5580

This chapter authorizes the state to participate in any	5581
national sludge management program and the national pollutant	5582
discharge elimination system, to administer and enforce the	5583
publicly owned treatment works pretreatment program, and to issue	5584
permits for the discharge of dredged or fill materials, in	5585
accordance with the Federal Water Pollution Control Act. This	5586
chapter shall be administered, consistent with the laws of this	5587
state and federal law, in the same manner that the Federal Water	5588
Pollution Control Act is required to be administered.	5589

This section does not apply to animal wasteresidual farm	5590
products and manure disposal systems and related management and	5591
conservation practices subject to rules adopted pursuant to	5592
division (E)(4)(C)(1) of section 1511.02939.02 of the Revised	5593
Code. For purposes of this exclusion, "residual farm products" and	5594
"manure" have the same meanings as in section 939.01 of the	5595
Revised Code. However, until the date on which the United States	5596
environmental protection agency approves the NPDES program	5597
submitted by the director of agriculture under section 903.08 of	5598
the Revised Code, this exclusion does not apply to animal waste	5599
treatment works having a controlled direct discharge to the waters	5600
of the state or any concentrated animal feeding operation, as	5601
defined in 40 C.F.R. 122.23(b)(2). On and after the date on which	5602
the United States environmental protection agency approves the	5603
NPDES program submitted by the director of agriculture under	5604
section 903.08 of the Revised Code, this section does not apply to	5605
storm water from an animal feeding facility, as defined in section	5606
903.01 of the Revised Code, or to pollutants discharged from a	5607
concentrated animal feeding operation, as both terms are defined	5608
in that section. Neither of these exclusions applies to the	5609
discharge of animal waste into a publicly owned treatment works.	5610

Sec. 6111.04.  (A) Both of the following apply except as	5611
otherwise provided in division (A) or (F) of this section:	5612

(1) No person shall cause pollution or place or cause to be	5613
placed any sewage, sludge, sludge materials, industrial waste, or	5614
other wastes in a location where they cause pollution of any	5615
waters of the state.	5616

(2) Such an action prohibited under division (A)(1) of this	5617
section is hereby declared to be a public nuisance.	5618

Divisions (A)(1) and (2) of this section do not apply if the	5619
person causing pollution or placing or causing to be placed wastes	5620
in a location in which they cause pollution of any waters of the	5621
state holds a valid, unexpired permit, or renewal of a permit,	5622
governing the causing or placement as provided in sections 6111.01	5623
to 6111.08 of the Revised Code or if the person's application for	5624
renewal of such a permit is pending.	5625

(B) If the director of environmental protection administers a	5626
sludge management program pursuant to division (S) of section	5627
6111.03 of the Revised Code, both of the following apply except as	5628
otherwise provided in division (B) or (F) of this section:	5629

(1) No person, in the course of sludge management, shall	5630
place on land located in the state or release into the air of the	5631
state any sludge or sludge materials.	5632

(2) An action prohibited under division (B)(1) of this	5633
section is hereby declared to be a public nuisance.	5634

Divisions (B)(1) and (2) of this section do not apply if the	5635
person placing or releasing the sludge or sludge materials holds a	5636
valid, unexpired permit, or renewal of a permit, governing the	5637
placement or release as provided in sections 6111.01 to 6111.08 of	5638
the Revised Code or if the person's application for renewal of	5639
such a permit is pending.	5640

(C) No person to whom a permit has been issued shall place or	5641
discharge, or cause to be placed or discharged, in any waters of	5642
the state any sewage, sludge, sludge materials, industrial waste,	5643
or other wastes in excess of the permissive discharges specified	5644
under an existing permit without first receiving a permit from the	5645
director to do so.	5646

(D) No person to whom a sludge management permit has been	5647
issued shall place on the land or release into the air of the	5648
state any sludge or sludge materials in excess of the permissive	5649
amounts specified under the existing sludge management permit	5650
without first receiving a modification of the existing sludge	5651
management permit or a new sludge management permit to do so from	5652
the director.	5653

(E) The director may require the submission of plans,	5654
specifications, and other information that the director considers	5655
relevant in connection with the issuance of permits.	5656

(F) This section does not apply to any of the following:

5657

(1) Waters used in washing sand, gravel, other aggregates, or	5658
mineral products when the washing and the ultimate disposal of the	5659
water used in the washing, including any sewage, industrial waste,	5660
or other wastes contained in the waters, are entirely confined to	5661
the land under the control of the person engaged in the recovery	5662
and processing of the sand, gravel, other aggregates, or mineral	5663
products and do not result in the pollution of waters of the	5664
state;	5665

(2) Water, gas, or other material injected into a well to	5666
facilitate, or that is incidental to, the production of oil, gas,	5667
artificial brine, or water derived in association with oil or gas	5668
production and disposed of in a well, in compliance with a permit	5669
issued under Chapter 1509. of the Revised Code, or sewage,	5670
industrial waste, or other wastes injected into a well in	5671
compliance with an injection well operating permit. Division	5672
(F)(2) of this section does not authorize, without a permit, any	5673
discharge that is prohibited by, or for which a permit is required	5674
by, regulation of the United States environmental protection	5675
agency.	5676

(3) Application of any materials to land for agricultural	5677
purposes or runoff of the materials from that application or	5678
pollution by animal wasteresidual farm products, manure, or soil	5679
sediment, including attached substances, resulting from farming,	5680
silvicultural, or earthmoving activities regulated by Chapter	5681
307., 939., or 1511. of the Revised Code. Division (F)(3) of this	5682
section does not authorize, without a permit, any discharge that	5683
is prohibited by, or for which a permit is required by, the	5684
Federal Water Pollution Control Act or regulations adopted under	5685
it. As used in division (F)(3) of this section, "residual farm	5686
products" and "manure" have the same meanings as in section 939.01	5687
of the Revised Code.	5688

(4) The excrement of domestic and farm animals defecated on	5689
land or runoff therefrom into any waters of the state. Division	5690
(F)(4) of this section does not authorize, without a permit, any	5691
discharge that is prohibited by, or for which a permit is required	5692
by, the Federal Water Pollution Control Act or regulations adopted	5693
under it.	5694

(5) On and after the date on which the United States	5695
environmental protection agency approves the NPDES program	5696
submitted by the director of agriculture under section 903.08 of	5697
the Revised Code, any discharge that is within the scope of the	5698
approved NPDES program submitted by the director of agriculture;	5699

(6) The discharge of sewage, industrial waste, or other	5700
wastes into a sewerage system tributary to a treatment works.	5701
Division (F)(6) of this section does not authorize any discharge	5702
into a publicly owned treatment works in violation of a	5703
pretreatment program applicable to the publicly owned treatment	5704
works.	5705

(7) A household sewage treatment system or a small flow	5706
on-site sewage treatment system, as applicable, as defined in	5707
section 3718.01 of the Revised Code that is installed in	5708
compliance with Chapter 3718. of the Revised Code and rules	5709
adopted under it. Division (F)(7) of this section does not	5710
authorize, without a permit, any discharge that is prohibited by,	5711
or for which a permit is required by, regulation of the United	5712
States environmental protection agency.	5713

(8) Exceptional quality sludge generated outside of this	5714
state and contained in bags or other containers not greater than	5715
one hundred pounds in capacity. As used in division (F)(8) of this	5716
section, "exceptional quality sludge" has the same meaning as in	5717
division (Y) of section 3745.11 of the Revised Code.	5718

(G) The holder of a permit issued under section 402 (a) of	5719
the Federal Water Pollution Control Act need not obtain a permit	5720
for a discharge authorized by the permit until its expiration	5721
date. Except as otherwise provided in this division, the director	5722
of environmental protection shall administer and enforce those	5723
permits within this state and may modify their terms and	5724
conditions in accordance with division (J) of section 6111.03 of	5725
the Revised Code. On and after the date on which the United States	5726
environmental protection agency approves the NPDES program	5727
submitted by the director of agriculture under section 903.08 of	5728
the Revised Code, the director of agriculture shall administer and	5729
enforce those permits within this state that are issued for any	5730
discharge that is within the scope of the approved NPDES program	5731
submitted by the director of agriculture.	5732

Sec. 6111.44.  (A) Except as otherwise provided in division	5733
(B) of this section, in section 6111.14 of the Revised Code, or in	5734
rules adopted under division (G) of section 6111.03 of the Revised	5735
Code, no municipal corporation, county, public institution,	5736
corporation, or officer or employee thereof or other person shall	5737
provide or install sewerage or treatment works for sewage, sludge,	5738
or sludge materials disposal or treatment or make a change in any	5739
sewerage or treatment works until the plans therefor have been	5740
submitted to and approved by the director of environmental	5741
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	5742
to sewerage and treatment works of a municipal corporation or part	5743
thereof, an unincorporated community, a county sewer district, or	5744
other land outside of a municipal corporation or any publicly or	5745
privately owned building or group of buildings or place, used for	5746
the assemblage, entertainment, recreation, education, correction,	5747
hospitalization, housing, or employment of persons.	5748

In granting an approval, the director may stipulate	5749
modifications, conditions, and rules that the public health and	5750
prevention of pollution may require. Any action taken by the	5751
director shall be a matter of public record and shall be entered	5752
in the director's journal. Each period of thirty days that a	5753
violation of this section continues, after a conviction for the	5754
violation, constitutes a separate offense.	5755

(B) Sections 6111.45 and 6111.46 of the Revised Code and	5756
division (A) of this section do not apply to any of the following:	5757

(1) Sewerage or treatment works for sewage installed or to be	5758
installed for the use of a private residence or dwelling;	5759

(2) Sewerage systems, treatment works, or disposal systems	5760
for storm water from an animal feeding facility or manure, as	5761
"animal feeding facility" and "manure" are defined in section	5762
903.01 of the Revised Code;	5763

(3) Animal wasteResidual farm products and manure treatment	5764
or disposal works and related management and conservation	5765
practices that are subject to rules adopted under division	5766
(E)(2)(C)(1) of section 1511.02939.02 of the Revised Code;. As	5767
used in division (B)(3) of this section, "residual farm products"	5768
and "manure" have the same meanings as in section 939.01 of the	5769
Revised Code.	5770

(4) Sewerage or treatment works for the on-lot disposal or	5771
treatment of sewage from a small flow on-site sewage treatment	5772
system, as defined in section 3718.01 of the Revised Code, if the	5773
board of health of a city or general health district has notified	5774
the director of health and the director of environmental	5775
protection under section 3718.021 of the Revised Code that the	5776
board has chosen to regulate the system, provided that the board	5777
remains in compliance with the rules adopted under division	5778
(A)(13) of section 3718.02 of the Revised Code.	5779

The exclusions established in divisions (B)(2) and (3) of	5780
this section do not apply to the construction or installation of	5781
disposal systems, as defined in section 6111.01 of the Revised	5782
Code, that are located at an animal feeding facility and that	5783
store, treat, or discharge wastewaters that do not include storm	5784
water or manure or that discharge to a publicly owned treatment	5785
works.	5786

Sec. 6111.99.  (A) Whoever knowingly violates section	5787
6111.04, 6111.042, 6111.05, or division (A) or (C) of section	5788
6111.07 of the Revised Code is guilty of a felony and shall be	5789
fined not more than twenty-five thousand dollars or imprisoned not	5790
more than one yearfour years, or both. Each day of violation is a	5791
separate offense.	5792

(B) Whoever recklessly violates section 6111.04, 6111.042,	5793
6111.045 or, 6111.047, 6111.05, 6111.45, or division (A) or (C) of	5794
section 6111.07 of the Revised Code is guilty of a misdemeanor and	5795
shall be fined not more than ten thousand dollars or imprisoned	5796
not more than two years, or both. Each day of violation is a	5797
separate offense.	5798

(C) Whoever violates section 6111.45 or 6111.46 of the	5799
Revised Code shall be fined not more than five hundred dollars.	5800

(D) Whoever violates division (C) of section 6111.07 of the	5801
Revised Code shall be fined not more than twenty-five thousand	5802
dollars.	5803

(E) Whoever violates section 6111.42 of the Revised Code	5804
shall be fined not more than one hundred dollars for a first	5805
offense; for each subsequent offense, the person shall be fined	5806
not more than one hundred fifty dollars.	5807

(F)(E) Whoever violates section 6111.44 of the Revised Code	5808
shall be fined not more than one hundredten thousand dollars.	5809
Each day of violation is a separate offense.	5810

(F) If a person is convicted of or pleads guilty to a	5811
violation of any section of this chapter, in addition to the	5812
financial sanctions authorized by this chapter or section 2929.18	5813
or 2929.28 or any other section of the Revised Code, the court	5814
imposing the sentence on the person may order the person to	5815
reimburse the state agency or a political subdivision for any	5816
response costs that it incurred in responding to the violation,	5817
including the cost of rectifying the violation and conditions	5818
caused by the violation.	5819

Section 2.  That existing sections 901.22, 903.01, 903.03,	5820
903.07, 903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16,	5821
903.17, 903.25, 941.14, 953.22, 1501.01, 1501.011, 1509.01,	5822
1509.02, 1509.04, 1509.05, 1509.06, 1509.061, 1509.08, 1509.11,	5823
1509.222, 1509.223, 1509.23, 1509.27, 1509.33, 1509.99, 1511.01,	5824
1511.02, 1511.021, 1511.022, 1511.05, 1511.07, 1511.99, 1515.01,	5825
1515.02, 1515.08, 1533.081, 3704.05, 3734.02, 3734.029, 3745.70,	5826
3750.13, 3750.14, 6109.10, 6111.03, 6111.04, 6111.44, and 6111.99	5827
and sections 903.04, 1511.071, and 3750.081 of the Revised Code	5828
are hereby repealed.	5829

Section 3. For purposes of the transfer by this act of the	5830
Agricultural Pollution Abatement Program established prior to the	5831
effective date of the amendment of the statutes governing the	5832
Program by this act under Chapter 1511. of the Revised Code from	5833
the Department of Natural Resources to the Department of	5834
Agriculture, all of the following apply:	5835

(A) The Director of Natural Resources shall enter into a	5836
memorandum of understanding with the Director of Agriculture	5837
regarding the transfer of the Program.	5838

(B) On the date on which the two Directors sign a memorandum	5839
of understanding under division (A) of this section, the Director	5840
of Natural Resources shall provide the Director of Agriculture	5841
with both of the following:	5842

(1) Copies of all operation and management plans, or	5843
applicable portions of such plans, developed or approved by the	5844
Chief of the Division of Soil and Water Resources under Chapter	5845
1511. of the Revised Code or the supervisors of a soil and water	5846
conservation district under Chapter 1515. of the Revised Code for	5847
the abatement of the degradation of the waters of the state by	5848
manure, including attached substances, that were developed or	5849
approved prior to the effective date of the amendment of the	5850
statutes governing the Program by this act;	5851

(2) Copies of all operation and management plans, or	5852
applicable portions of such plans, and accompanying information	5853
that were submitted for approval by the Chief or the supervisors	5854
of a soil and water conservation district under Chapter 1511. or	5855
1515. of the Revised Code, as applicable, prior to the effective	5856
date of the amendment of the statutes governing the Program by	5857
this act for the abatement of the degradation of the waters of the	5858
state by manure, including attached substances.	5859

(C) Any business commenced but not completed by the Chief of	5860
the Division of Soil and Water Resources relating to the Program	5861
on the effective date of the amendment of the statutes governing	5862
the Program by this act shall be completed by the Director of	5863
Agriculture. Any validation, cure, right, privilege, remedy,	5864
obligation, or liability is not lost or impaired solely by reason	5865
of the transfer required by this act and shall be administered by	5866
the Director of Agriculture in accordance with this act.	5867

(D) All of the orders and determinations of the Chief of the	5868
Division of Soil and Water Resources relating to the Agricultural	5869
Pollution Abatement Program continue in effect as orders and	5870
determinations of the Director of Agriculture until modified or	5871
rescinded by the Director.	5872

(E) Whenever the Division of Soil and Water Resources or the	5873
Chief of the Division of Soil and Water Resources, in relation to	5874
the Program, is referred to in any law, contract, or other	5875
document, the reference shall be deemed to refer to the Department	5876
of Agriculture or to the Director of Agriculture, whichever is	5877
appropriate in context.	5878

(F) Any action or proceeding pending on the effective date of	5879
the amendment of the statutes governing the Program by this act is	5880
not affected by the transfer of the functions of that Program by	5881
this act and shall be prosecuted or defended in the name of the	5882
Department of Agriculture. In all such actions and proceedings,	5883
the Department of Agriculture, upon application to the court,	5884
shall be substituted as a party.	5885

(G) As used in this section:

5886

(1) "Soil and water conservation district" has the same	5887
meaning as in section 1515.01 of the Revised Code.	5888

(2) "Waters of the state" and "operation and management plan"	5889
have the same meanings as in section 1511.01 of the Revised Code.	5890

(3) "Manure" and "nutrient management plan" have the same	5891
meanings as in section 939.01 of the Revised Code.	5892

Section 4. The Director of Agriculture shall adopt rules in	5893
accordance with Chapter 119. of the Revised Code that are	5894
identical to all of the following rules as those rules exist on	5895
the effective date of this section, except that references to the	5896
Division of Soil and Water Resources in the Department of Natural	5897
Resources shall be replaced with references to the Department of	5898
Agriculture, and references to the Chief of the Division of Soil	5899
and Water Resources shall be replaced with references to the	5900
Director of Agriculture:	5901

(A) Rule 1501:15-5-01 of the Ohio Administrative Code;

5902

(B) Rule 1501:15-5-02 of the Ohio Administrative Code;

5903

(C) Rule 1501:15-5-03 of the Ohio Administrative Code;

5904

(D) Rule 1501:15-5-05 of the Ohio Administrative Code;

5905

(E) Rule 1501:15-5-06 of the Ohio Administrative Code;

5906

(F) Rule 1501:15-5-07 of the Ohio Administrative Code;

5907

(G) Rule 1501:15-5-14 of the Ohio Administrative Code;

5908

(H) Rule 1501:15-5-15 of the Ohio Administrative Code;

5909

(I) Rule 1501:15-5-18 of the Ohio Administrative Code.

5910

Section 5. Operation and management plans that were developed	5911
or approved under Chapter 1511. or 1515. of the Revised Code prior	5912
to the amendment of those chapters by this act continue in effect	5913
as nutrient management plans under Chapter 939. or 1515. of the	5914
Revised Code as enacted or amended by this act, as applicable.	5915

Section 6. The Agricultural Pollution Abatement Fund that is	5916
created in section 939.11 of the Revised Code, as enacted by this	5917
act, is a continuation of the Agricultural Pollution Abatement	5918
Fund that was created in section 1511.071 of the Revised Code	5919
prior to its repeal by this act. Money credited to the Fund under	5920
section 1511.071 of the Revised Code, as repealed by this act,	5921
shall be used for the purposes specified in section 939.11 of the	5922
Revised Code, as enacted by this act.	5923

Section 7. (A) In accordance with the amendment of section	5924
1515.02 of the Revised Code by this act, the Governor shall	5925
appoint two additional members to the Ohio Soil and Water	5926
Conservation Commission established in that section, as amended by	5927
this act, not later than thirty days after the effective date of	5928
this section as follows:	5929

(1) One member shall be appointed for a term ending June 30,	5930
2015.	5931

(2) One member shall be appointed for a term ending June 30,	5932
2016.	5933

Thereafter, terms of office for the additional members shall	5934
be for four years, each term ending on the same day of the same	5935
month of the year as did the term that it succeeds. Those	5936
additional members may be reappointed in accordance with section	5937
1515.02 of the Revised Code, as amended by this act.	5938

(B) The Ohio Soil and Water Conservation Commission	5939
established in section 1515.02 of the Revised Code, as amended by	5940
this act, is a continuation of the Ohio Soil and Water	5941
Conservation Commission established in that section prior to its	5942
amendment by this act.	5943

Section 8. The amendment, enactment, or repeal of sections	5944
901.22, 903.01, 903.03, 903.04, 903.07, 903.082, 903.09, 903.10,	5945
903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 939.01, 939.02,	5946
939.03, 1511.022 (939.04), 939.05, 939.06, 939.07, 939.08, 939.09,	5947
939.10, 939.11, 941.14, 953.22, 1511.01, 1511.02, 1511.021,	5948
1511.023, 1511.05, 1511.07, 1511.071, 1511.09, 1511.99, 1515.01,	5949
1515.02, 1515.08, 3734.02, 3734.029, 3745.70, 6111.03, 6111.04,	5950
and 6111.44 of the Revised Code and Sections 3, 4, 5, 6, and 7 of	5951
this act takes effect on January 1, 2015.	5952