As Reported by the House Agriculture and Natural Resources Committee
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Hall, Thompson
Cosponsors:
Representatives Hagan, C., Ruhl
A BILL
To amend sections 901.22, 903.01, 903.03, 903.07,
903.082, 903.09, 903.10, 903.11, 903.12, 903.13,
903.16, 903.17, 903.25, 941.14, 953.22, 956.03,
956.04, 1501.011, 1509.01, 1509.06, 1509.07,
1509.11, 1509.16, 1509.222, 1509.223, 1509.23,
1509.27, 1509.28, 1509.33, 1509.99, 1511.01,
1511.02, 1511.021, 1511.022, 1511.023, 1511.05,
1511.07, 1511.99, 1514.09, 1514.11, 1515.01,
1515.08, 1522.10, 1522.13, 1533.081, 1533.12,
1548.07, 1561.24, 1711.13, 3704.05, 3734.02,
3734.029, 3745.70, 3750.081, 3750.13, 3769.21,
3781.10, 4507.03, 4707.02, 4905.71, 4927.01,
4927.02, 4927.07, 4927.11, 4927.15, 5713.051,
6109.10, 6111.03, 6111.04, 6111.30, 6111.44,
6111.99, 6112.01, and 6112.03; to amend, for the
purpose of adopting new section numbers as
indicated in parentheses, sections 1511.022
(939.04) and 1511.023 (1511.022); to enact new
section 1511.023 and sections 901.80, 901.801,
905.326, 905.327, 939.01, 939.02, 939.03, 939.05,
939.06, 939.07, 939.08, 939.09, 939.10, 939.11,
1509.051, 1509.211, 1509.231, 1511.024, 1511.025,
1511.09, 1522.25, 4507.021, 4927.10, 4927.101,
6111.32, and 6112.06; to repeal sections 903.04,
1511.071, 1514.40, 1514.41, 1514.42, 1514.43,
1514.44, 1514.45, 1514.46, and 1514.47 of the
Revised Code; and to amend sections 1511.024 and
1511.025 as they result from Section 1 of this act
for the purpose of adopting new section numbers
939.11 and 939.12 of the Revised Code on January
1, 2017, to revise certain laws governing
agriculture, natural resources, environmental
protection, telecommunications, video lottery
terminals, and driver's licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.22, 903.01, 903.03, 903.07,
903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17,
903.25, 941.14, 953.22, 956.03, 956.04, 1501.011, 1509.01,
1509.06, 1509.07, 1509.11, 1509.16, 1509.222, 1509.223, 1509.23,
1509.27, 1509.28, 1509.33, 1509.99, 1511.01, 1511.02, 1511.021,
1511.022, 1511.023, 1511.05, 1511.07, 1511.99, 1514.09, 1514.11,
1515.01, 1515.08, 1522.10, 1522.13, 1533.081, 1533.12, 1548.07,
1561.24, 1711.13, 3704.05, 3734.02, 3734.029, 3745.70, 3750.081,
3750.13, 3769.21, 3781.10, 4507.03, 4707.02, 4905.71, 4927.01,
4927.02, 4927.07, 4927.11, 4927.15, 5713.051, 6109.10, 6111.03,
6111.04, 6111.30, 6111.44, 6111.99, 6112.01, and 6112.03 be
amended; sections 1511.022 (939.04) and 1511.023 (1511.022) be
amended for the purpose of adopting new section numbers as
indicated in parentheses; and new section 1511.023 and sections
901.80, 901.801, 905.326, 905.327, 939.01, 939.02, 939.03, 939.05,
939.06, 939.07, 939.08, 939.09, 939.10, 939.11, 1509.051,
1509.211, 1509.231, 1511.024, 1511.025, 1511.09, 1522.25,
4507.021, 4927.10, 4927.101, 6111.32, and 6112.06 of the Revised
Code be enacted to read as follows:
Sec. 901.22. (A) The director of agriculture, in accordance
with Chapter 119. of the Revised Code, shall adopt rules that do
all of the following:
(1) Establish procedures and eligibility criteria for making
matching grants to municipal corporations, counties, townships,
soil and water conservation districts established under Chapter
1515. of the Revised Code, and charitable organizations described
in division (B) of section 5301.69 of the Revised Code for the
purchase of agricultural easements. With respect to agricultural
easements that are purchased or proposed to be purchased with such
matching grants that consist in whole or in part of moneys from
the clean Ohio agricultural easement fund created in section
901.21 of the Revised Code, the rules shall establish all of the
following:
(a) Procedures for all of the following:
(i) Soliciting and accepting applications for matching
grants;
(ii) Participation by local governments and by the public in
the process of making matching grants to charitable organizations;
(iii) Notifying local governments, charitable organizations,
and organizations that represent the interests of farmers of the
ranking system established in rules adopted under division
(A)(1)(b) of this section.
(b) A ranking system for applications for the matching grants
that is based on the soil type, proximity of the land or other
land that is conducive to agriculture as defined by rules adopted
under this section and that is the subject of an application to
other agricultural land or other land that is conducive to
agriculture as defined by rules adopted under this section and
that is already or is in the process of becoming permanently
protected from development, farm stewardship, development
pressure, and, if applicable, a local comprehensive land use plan
involved with a proposed agricultural easement. The rules shall
require that preference be given to proposed agricultural
easements that involve the greatest proportion of all of the
following:
(i) Prime soils, unique or locally important soils,
microclimates, or similar features;
(ii) Land that is adjacent to or that is in close proximity
to other agricultural land or other land that is conducive to
agriculture as defined by rules adopted under this section and
that is already or is in the process of becoming permanently
protected from development, by agricultural easement or otherwise,
so that a buffer would exist between the land involving the
proposed agricultural easement and areas that have been developed
or likely will be developed for purposes other than agriculture;
(iii) The use of best management practices, including
federally or state approved conservation plans, and a history of
substantial compliance with applicable federal and state laws;
(iv) Development pressure that is imminent, but not a result
of current location in the direct path of urban development;
(v) Areas identified for agricultural protection in local
comprehensive land use plans.
(c) Any other criteria that the director determines are
necessary for selecting applications for matching grants;
(d) Requirements regarding the information that must be
included in the annual monitoring report that must be prepared for
an agricultural easement under division (E)(2) of section 5301.691
of the Revised Code, procedures for submitting a copy of the
report to the office of farmland preservation in the department of
agriculture, and requirements and procedures governing corrective
actions that may be necessary to enforce the terms of the
agricultural easement.
(2) Establish provisions that shall be included in the
instrument conveying to a municipal corporation, county, township,
soil and water conservation district, or charitable organization
any agricultural easement purchased with matching grant funds
provided by the director under this section, including, without
limitation, all of the following provisions:
(a) A provision stating that an easement so purchased may be
extinguished only if an unexpected change in the conditions of or
surrounding the land that is subject to the easement makes
impossible or impractical the continued use of the land for the
purposes described in the easement, or if the requirements of the
easement are extinguished by judicial proceedings;
(b) A provision requiring that, upon the sale, exchange, or
involuntary conversion of the land subject to the easement, the
holder of the easement shall be paid an amount of money that is at
least equal to the proportionate value of the easement compared to
the total value of the land at the time the easement was acquired;
(c) A provision requiring that, upon receipt of the portion
of the proceeds of a sale, exchange, or involuntary conversion
described in division (A)(2)(b) of this section, the municipal
corporation, county, township, soil and water conservation
district, or charitable organization remit to the director an
amount of money equal to the percentage of the cost of purchasing
the easement it received as a matching grant under this section.
Moneys received by the director pursuant to rules adopted
under division (A)(2)(c) of this section shall be credited to the
agricultural easement purchase fund created in section 901.21 of
the Revised Code.
(3) Establish a provision that provides a charitable
organization, municipal corporation, township, county, or soil and
water conservation district with the option of purchasing
agricultural easements either in installments or with a lump sum
payment. The rules shall include a requirement that a charitable
organization, municipal corporation, township, county, or soil and
water conservation district negotiate with the seller of the
agricultural easement concerning any installment payment terms,
including the dates and amounts of payments and the interest rate
on the outstanding balance. The rules also shall require the
director to approve any method of payment that is undertaken in
accordance with the rules adopted under division (A)(3) of this
section.
(4) Establish any other requirements that the director
considers to be necessary or appropriate to implement or
administer a program to make matching grants under this section
and monitor those grants.
(B) The director may develop guidelines regarding the
acquisition of agricultural easements by the department of
agriculture and the provisions of instruments conveying those
easements. The director may make the guidelines available to
public and private entities authorized to acquire and hold
agricultural easements.
(C) The director may provide technical assistance in
developing a program for the acquisition and monitoring of
agricultural easements to public and private entities authorized
to hold agricultural easements. The technical assistance may
include, without limitation, reviewing and providing advisory
recommendations regarding draft instruments conveying agricultural
easements.
(D)(1) The director may make matching grants from the
agricultural easement purchase fund and the clean Ohio
agricultural easement fund to municipal corporations, counties,
townships, soil and water conservation districts, and charitable
organizations to assist those political subdivisions and
charitable organizations in purchasing agricultural easements.
Application for a matching grant shall be made on forms prescribed
and provided by the director. The matching grants shall be made in
compliance with the criteria and procedures established in rules
adopted under this section. Instruments conveying agricultural
easements purchased with matching grant funds provided under this
section, at a minimum, shall include the mandatory provisions set
forth in those rules.
Matching grants made under this division using moneys from
the clean Ohio agricultural easement fund created in section
901.21 of the Revised Code may provide up to seventy-five per cent
of the value of an agricultural easement as determined by a
general real estate appraiser who is certified under Chapter 4763.
of the Revised Code or as determined through a points-based
appraisal system established under division (D)(2) of this
section. Not less than twenty-five per cent of the value of the
agricultural easement shall be provided by the recipient of the
matching grant or donated by the person who is transferring the
easement to the grant recipient. The amount of such a matching
grant used for the purchase of a single agricultural easement
shall not exceed one million dollars.
(2) The director shall establish a points-based appraisal
system for the purposes of division (D)(1) of this section. The
director may include any or all of the following factors in the
system:
(a) Whether the applicable county auditor has determined that
the land is land that is devoted exclusively to agriculture for
the purposes of sections 5713.30 to 5713.38 of the Revised Code;
(b) Changes in land values following the completion of the
applicable county auditor's reappraisal or triennial update;
(c) Soil types and productivity;
(d) Proximity of the land to land that is already subject to
an agricultural easement, conservation easement created under
sections 5301.67 to 5301.70 of the Revised Code, or similar
land-use limitation;
(e) Proximity of the land to water and sewer lines, road
interchanges, and nonagricultural development;
(f) Parcel size and roadway frontage of the land;
(g) Existence of an agreement entered into under division (D)
of section 1515.08 of the Revised Code or of an operation and
management plan developed under division (A) of section 1511.021
of the Revised Code, as applicable;
(h) Existence of a nutrient utilization plan developed under
division (A) of section 939.03 of the Revised Code, as applicable;
(i) Existence of a comprehensive plan that is adopted under
section 303.02 or 519.02 of the Revised Code or that is adopted by
the planning commission of a municipal corporation under section
713.06 of the Revised Code;
(i)(j) Any other factors that the director determines are
necessary for inclusion in the system.
(E) An agricultural easement acquired as a result of a
matching grant awarded under division (D) of this section may
include a provision to preserve a unique natural or physical
feature on the land so long as the use of the land remains
predominantly agricultural.
(F) For any agricultural easement purchased with a matching
grant that consists in whole or in part of moneys from the clean
Ohio agricultural easement fund, the director shall be named as a
grantee on the instrument conveying the easement, as shall the
municipal corporation, county, township, soil and water
conservation district, or charitable organization that receives
the grant.
(G)(1) The director shall monitor and evaluate the
effectiveness and efficiency of the agricultural easement program
as a farmland preservation tool. On or before July 1, 1999, and
the first day of July of each year thereafter, the director shall
prepare and submit a report to the chairpersons of the standing
committees of the senate and the house of representatives that
consider legislation regarding agriculture. The report shall
consider and address the following criteria to determine the
program's effectiveness:
(a) The number of agricultural easements purchased during the
preceding year;
(b) The location of those easements;
(c) The number of acres of land preserved for agricultural
use;
(d) The amount of money used by a municipal corporation,
township, county, or soil and water conservation district from any
fund to purchase the agricultural easements;
(e) The number of state matching grants given to purchase the
agricultural easements;
(f) The amount of state matching grant moneys used to
purchase the agricultural easements.
(2) The report also shall consider and include, at a minimum,
the following information for each county to determine the
program's efficiency:
(a) The total number of acres in the county;
(b) The total number of acres in current agricultural use;
(c) The total number of acres preserved for agricultural use
in the preceding year;
(d) The average cost, per acre, of land preserved for
agricultural use in the preceding year.
Sec. 901.80. (A) A person desiring to engage in the raising
or rehabilitation of white-tailed deer that are not captive
white-tailed deer as defined in section 1531.01 of the Revised
Code and are not for sale or personal use may apply in writing to
the department of agriculture for a deer sanctuary license. If the
director of agriculture determines that the application is made in
good faith and is complete, the director shall issue a deer
sanctuary license to the applicant upon payment of the fee for the
license established in rules adopted under this section. A license
expires annually on the thirty-first day of March and may be
renewed in accordance with rules adopted under this section.
(B) A person that has been issued a license under this
section shall not release any deer held under the license into the
wild.
(C) The director shall inspect all licensed deer sanctuaries
in accordance with rules adopted under this section.
(D) The director shall adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:
(1) Specify information to be included in an application for
a deer sanctuary license, including a description of the facility
that is the subject of the application demonstrating that the
facility will comply with rules adopted under division (D)(2) of
this section;
(2) Establish facility specifications for a licensed deer
sanctuary;
(3) Establish a fee for the issuance of a license;
(4) Establish procedures governing the inspection of licensed
deer sanctuaries;
(5) Establish the manner in which a deer must be transported
to a licensed deer sanctuary;
(6) Establish a procedure for and requirements governing the
renewal of a deer sanctuary license;
(7) Establish any other requirements and procedures that the
director determines are necessary for the administration of this
section.
(E) The director shall deposit all money received as fees for
the issuance of deer sanctuary licenses into the state treasury to
the credit of the deer sanctuary fund created by section 901.801
of the Revised Code.
Sec. 901.801. There is hereby created in the state treasury
the deer sanctuary fund, which shall consist of all money credited
to it under section 901.80 of the Revised Code. The director of
agriculture shall use money in the fund to administer that section
and rules adopted under it.
Sec. 903.01. As used in this chapter:
(A) "Agricultural animal" means any animal generally used for
food or in the production of food, including cattle, sheep, goats,
rabbits, poultry, and swine; horses; alpacas; llamas; and any
other animal included by the director of agriculture by rule.
"Agricultural animal" does not include fish or other aquatic
animals regardless of whether they are raised at fish hatcheries,
fish farms, or other facilities that raise aquatic animals.
(B) "Animal feeding facility" means a lot, building, or
structure where both of the following conditions are met:
(1) Agricultural animals have been, are, or will be stabled
or confined and fed or maintained there for a total of forty-five
days or more in any twelve-month period.
(2) Crops, vegetative forage growth, or post-harvest residues
are not sustained in the normal growing season over any portion of
the lot, building, or structure.
"Animal feeding facility" also includes land that is owned or
leased by or otherwise is under the control of the owner or
operator of the lot, building, or structure and on which manure
originating from agricultural animals in the lot, building, or
structure or a production area is or may be applied.
Two or more animal feeding facilities under common ownership
shall be considered to be a single animal feeding facility for the
purposes of this chapter if they adjoin each other or if they use
a common area or system for the disposal of manure.
(C) "Animal feeding operation" has the same meaning as
"animal feeding facility."
(D) "Cattle" includes, but is not limited to, heifers,
steers, bulls, and cow and calf pairs.
(E) "Concentrated animal feeding facility" means an animal
feeding facility with a total design capacity equal to or more
than the number of animals specified in any of the categories in
division (M) of this section.
(F) "Concentrated animal feeding operation" means an animal
feeding facility that complies with one of the following:
(1) Has a total design capacity equal to or more than the
number of animals specified in any of the categories in division
(M) of this section;
(2) Satisfies the criteria in division (M), (Q), or (FF) of
this section;
(3) Is designated by the director of agriculture as a medium
or small concentrated animal feeding operation pursuant to rules.
(G) "Discharge" means to add from a point source to waters of
the state.
(H) "Federal Water Pollution Control Act" means the "Federal
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33
U.S.C. 1251 et. seq., as amended, and regulations adopted under
it.
(I) "Finalized," with respect to the programs required under
division (A)(1) of section 903.02 and division (A)(1) of section
903.03 of the Revised Code, means that all rules that are
necessary for the administration of this chapter have been adopted
and all employees of the department of agriculture that are
necessary for the administration of this chapter have been
employed.
(J) "General permit" has the meaning that is established in
rules.
(K) "Individual permit" has the meaning that is established
in rules.
(L) "Installation permit" means a permit for the installation
or modification of a disposal system or any part of a disposal
system issued by the director of environmental protection under
division (J)(1) of section 6111.03 of the Revised Code.
(M) "Large concentrated animal feeding operation" means an
animal feeding facility that stables or confines at least the
number of animals specified in any of the following categories:
(1) Seven hundred mature dairy cattle whether milked or dry;
(2) One thousand veal calves;
(3) One thousand cattle other than mature dairy cattle or
veal calves;
(4) Two thousand five hundred swine that each weigh
fifty-five pounds or more;
(5) Ten thousand swine that each weigh less than fifty-five
pounds;
(7) Ten thousand sheep or lambs;
(8) Fifty-five thousand turkeys;
(9) Thirty thousand laying hens or broilers if the animal
feeding facility uses a liquid manure handling system;
(10) One hundred twenty-five thousand chickens, other than
laying hens, if the animal feeding facility uses a manure handling
system that is not a liquid manure handling system;
(11) Eighty-two thousand laying hens if the animal feeding
facility uses a manure handling system that is not a liquid manure
handling system;
(12) Thirty thousand ducks if the animal feeding facility
uses a manure handling system that is not a liquid manure handling
system;
(13) Five thousand ducks if the animal feeding facility uses
a liquid manure handling system.
(N) "Major concentrated animal feeding facility" means a
concentrated animal feeding facility with a total design capacity
of more than ten times the number of animals specified in any of
the categories in division (M) of this section.
(O) "Manure" means any of the following wastes used in or
resulting from the production of agricultural animals or direct
agricultural products such as milk or eggs: animal excreta,
discarded products, bedding, process waste water, process
generated waste water, waste feed, silage drainage, and compost
products resulting from mortality composting or the composting of
animal excreta.
(P) "Manure storage or treatment facility" means any
excavated, diked, or walled structure or combination of structures
designed for the biological stabilization, holding, or storage of
manure.
(Q) "Medium concentrated animal feeding operation" means an
animal feeding facility that satisfies both of the following:
(1) The facility stables or confines the number of animals
specified in any of the following categories:
(a) Two hundred to six hundred ninety-nine mature dairy
cattle whether milked or dry;
(b) Three hundred to nine hundred ninety-nine veal calves;
(c) Three hundred to nine hundred ninety-nine cattle other
than mature dairy cattle or veal calves;
(d) Seven hundred fifty to two thousand four hundred
ninety-nine swine that each weigh fifty-five pounds or more;
(e) Three thousand to nine thousand nine hundred ninety-nine
swine that each weigh less than fifty-five pounds;
(f) One hundred fifty to four hundred ninety-nine horses;
(g) Three thousand to nine thousand nine hundred ninety-nine
sheep or lambs;
(h) Sixteen thousand five hundred to fifty-four thousand nine
hundred ninety-nine turkeys;
(i) Nine thousand to twenty-nine thousand nine hundred
ninety-nine laying hens or broilers if the animal feeding facility
uses a liquid manure handling system;
(j) Thirty-seven thousand five hundred to one hundred
twenty-four thousand nine hundred ninety-nine chickens, other than
laying hens, if the animal feeding facility uses a manure handling
system that is not a liquid manure handling system;
(k) Twenty-five thousand to eighty-one thousand nine hundred
ninety-nine laying hens if the animal feeding facility uses a
manure handling system that is not a liquid manure handling
system;
(l) Ten thousand to twenty-nine thousand nine hundred
ninety-nine ducks if the animal feeding facility uses a manure
handling system that is not a liquid manure handling system;
(m) One thousand five hundred to four thousand nine hundred
ninety-nine ducks if the animal feeding facility uses a liquid
manure handling system.
(2) The facility does one of the following:
(a) Discharges pollutants into waters of the United States
through a ditch constructed by humans, a flushing system
constructed by humans, or another similar device constructed by
humans;
(b) Discharges pollutants directly into waters of the United
States that originate outside of and that pass over, across, or
through the facility or otherwise come into direct contact with
the animals at the facility.
"Medium concentrated animal feeding operation" includes an
animal feeding facility that is designated by the director as a
medium concentrated animal feeding operation pursuant to rules.
(R) "Mortality composting" means the controlled decomposition
of organic solid material consisting of dead animals that
stabilizes the organic fraction of the material.
(S) "NPDES permit" means a permit issued under the national
pollutant discharge elimination system established in section 402
of the Federal Water Pollution Control Act and includes the
renewal of such a permit. "NPDES permit" includes the federally
enforceable provisions of a permit to operate into which NPDES
permit provisions have been incorporated.
(T) "Permit" includes an initial, renewed, or modified permit
to install, permit to operate, NPDES permit, and installation
permit unless expressly stated otherwise.
(U) "Permit to install" means a permit issued under section
903.02 of the Revised Code.
(V) "Permit to operate" means a permit issued or renewed
under section 903.03 of the Revised Code and includes incorporated
NPDES permit provisions, if applicable.
(W) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes the state, any political
subdivision of the state, any interstate body created by compact,
the United States, or any department, agency, or instrumentality
of any of those entities.
(X) "Point source" has the same meaning as in the Federal
Water Pollution Control Act.
(Y) "Pollutant" means dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive
materials except those regulated under the "Atomic Energy Act of
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial,
municipal, and agricultural waste, including manure, discharged
into water. "Pollutant" does not include either of the following:
(2) Water, gas, or other material that is injected into a
well to facilitate production of oil or gas, or water derived in
association with oil and gas production and disposed of in a well,
if the well that is used either to facilitate production or for
disposal purposes is approved by the state and if the state
determines that the injection or disposal will not result in the
degradation of ground or surface water resources.
(Z) "Process generated waste water" means water that is
directly or indirectly used in the operation of an animal feeding
facility for any of the following:
(1) Spillage or overflow from animal watering systems;
(2) Washing, cleaning, or flushing pens, barns, manure pits,
or other areas of an animal feeding facility;
(3) Direct contact swimming, washing, or spray cooling of
animals;
(AA) "Process waste water" means any process generated waste
water and any precipitation, including rain or snow, that comes
into contact with manure, litter, bedding, or any other raw
material or intermediate or final material or product used in or
resulting from the production of animals or direct products such
as milk or eggs.
(BB) "Production area" means any of the following components
of an animal feeding facility:
(1) Animal confinement areas, including, but not limited to,
open lots, housed lots, feedlots, confinement houses, stall barns,
free stall barns, milkrooms, milking centers, cowyards, barnyards,
medication pens, animal walkways, and stables;
(2) Manure storage areas, including, but not limited to,
manure storage or treatment facilities;
(3) Raw material storage areas, including, but not limited
to, feed silos, silage bunkers, commodity buildings, and bedding
materials;
(4) Waste containment areas, including, but not limited to,
any of the following:
(a) An egg washing or egg processing facility;
(b) An area used in the storage, handling, treatment, or
disposal of mortalities;
(c) Settling basins, runoff ponds, liquid impoundments, and
areas within berms and diversions that are designed and maintained
to separate uncontaminated storm water runoff from contaminated
water and to contain and treat contaminated storm water runoff.
(CC) "Public meeting" means a nonadversarial public hearing
at which a person may present written or oral statements for the
director of agriculture's consideration and includes public
hearings held under section 6111.12 of the Revised Code.
(DD) "Review compliance certificate" means a certificate
issued under section 903.04 of the Revised Code.
(EE) "Rule" means a rule adopted under section 903.10 of the
Revised Code.
(FF)(EE) "Small concentrated animal feeding operation" means
an animal feeding facility that is not a large or medium
concentrated animal feeding operation and that is designated by
the director as a small concentrated animal feeding operation
pursuant to rules.
(GG)(FF) "Waters of the state" has the same meaning as in
section 6111.01 of the Revised Code.
Sec. 903.03. (A)(1) Not later than one hundred eighty days
after March 15, 2001, the director of agriculture shall prepare a
program for the issuance of permits to operate under this section.
(2) Except for a concentrated animal feeding facility that is
operating under an installation permit or a review compliance
certificate, on and after the date on which the director has
finalized the program required under division (A)(1) of this
section, no person shall own or operate a concentrated animal
feeding facility without a permit to operate issued by the
director under this section.
(B) The director or the director's authorized representative
may help an applicant for a permit to operate during the
permitting process by providing guidance and technical assistance.
(C) An applicant for a permit to operate shall submit a fee
in an amount established by rule together with, except as
otherwise provided in division (E) of this section, an application
to the director on a form that the director prescribes and
provides. The applicant shall include with the application all of
the following information:
(1) The name and address of the applicant, of all partners if
the applicant is a partnership, of all members if the applicant is
a limited liability company, or of all officers and directors if
the applicant is a corporation, and of any other person who has a
right to control or in fact controls management of the applicant
or the selection of officers, directors, or managers of the
applicant. As used in division (C)(1) of this section, "control"
has the same meaning as in division (C)(1) of section 903.02 of
the Revised Code.
(2) Information concerning the applicant's past compliance
with laws pertaining to environmental protection that is required
to be provided under section 903.05 of the Revised Code, if
applicable;
(3) A manure management plan for the concentrated animal
feeding facility that conforms to best management practices
regarding the handling, storage, transportation, and land
application of manure generated at the facility and that contains
any other information required by rule;
(4) An insect and rodent control plan for the concentrated
animal feeding facility that conforms to best management practices
and is prepared in accordance with section 903.06 of the Revised
Code;
(5) In the case of an application for a major concentrated
animal feeding facility, written proof that the person who would
be responsible for the supervision of the management and handling
of manure at the facility has been issued a livestock manager
certification in accordance with section 903.07 of the Revised
Code or will obtain a livestock manager certification prior to
applying any manure to land.
(D) The director shall issue permits to operate in accordance
with section 903.09 of the Revised Code. The director shall deny a
permit to operate if either of the following applies:
(1) The permit application contains misleading or false
information;.
(2) The manure management plan or insect and rodent control
plan fails to conform to best management practices.
Additional grounds for the denial of a permit to operate
shall be those established in this chapter and in rules.
(E) The director shall issue general permits to operate for
categories of concentrated animal feeding facilities that will
apply in lieu of individual permits to operate, provided that each
category of facilities meets all of the criteria established in
rules for general permits to operate. A person who is required to
obtain a permit to operate shall submit to the director a notice
of the person's intent to be covered under an existing general
permit or, at the person's option, shall submit an application for
an individual permit to operate. Upon receipt of a notice of
intent to be covered under an existing general permit, the
director shall notify the applicant in writing that the person is
covered by the general permit if the person satisfies the criteria
established in rules for eligibility for such coverage. If the
person is ineligible for coverage under the general permit, the
director shall require the submission of an application for an
individual permit to operate.
(F) A permit to operate shall be valid for a period of five
years.
(G) A permit to operate may be renewed. An application for
renewal of a permit to operate shall be submitted to the director
at least one hundred eighty days prior to the expiration date of
the permit to operate and shall comply with the requirements
governing applications for permits to operate that are established
under this section and by rules, including requirements pertaining
to public notice and participation.
(H) The director may modify, suspend, or revoke a permit to
operate in accordance with rules.
(I) The owner or operator of a concentrated animal feeding
facility who proposes to make a major operational change at the
facility shall submit an application for approval of the change to
the director in accordance with rules.
Sec. 903.07. (A) On and after the date that is established
in rules by the director of agriculture, both of the following
apply:
(1) The management and handling of manure at a major
concentrated animal feeding facility, including the land
application of manure or the removal of manure from a manure
storage or treatment facility, shall be conducted only by or under
the supervision of a person holding a livestock manager
certification issued under this section. A person managing or
handling manure who is acting under the instructions and control
of a person holding a livestock manager certification is
considered to be under the supervision of the certificate holder
if the certificate holder is responsible for the actions of the
person and is available when needed even though the certificate
holder is not physically present at the time of the manure
management or handling.
(2) No person shall transport and land apply annually or buy,
sell, or land apply annually the volume of manure established in
rules adopted by the director under division (E)(D)(5) of section
903.10 of the Revised Code unless the person holds a livestock
manager certification issued under this section.
(B) The director shall issue a livestock manager
certification to a person who has submitted a complete application
for certification on a form prescribed and provided by the
director, together with the appropriate application fee, and who
has completed successfully the required training and has passed
the required examination. The director may suspend or revoke a
livestock manager certification and may reinstate a suspended or
revoked livestock manager certification in accordance with rules.
(C) Information required to be included in an application for
a livestock manager certification, the amount of the application
fee, requirements regarding training and the examination,
requirements governing the management and handling of manure,
including the land application of manure, and requirements
governing the keeping of records regarding the handling of manure,
including the land application of manure, shall be established in
rules.
Sec. 903.082. (A) The director of agriculture may determine
that an animal feeding facility that is not a concentrated animal
feeding facility nevertheless shall be required to apply for and
receive a permit to operate when all of the following apply:
(1) The director has received from the chief of the division
of soil and water resources in the department of natural resources
a copy of an order issued specified a corrective action to be
taken under section 1511.02 939.09 of the Revised Code that
specifies that the animal feeding facility has caused agricultural
pollution by failure to comply with standards established under
that section and that the animal feeding facility therefore should
be required to be permitted as a concentrated animal feeding
facility.
(2) The director or the director's authorized representative
has inspected the animal feeding facility.
(3) The director or the director's authorized representative
finds that the facility is not being operated in a manner that
protects the waters of the state.
(B) In a situation in which best management practices cannot
be implemented without modifying the existing animal feeding
facility, the owner or operator of the facility shall apply for a
permit to install for the facility.
(C) In the case of an animal feeding facility for which a
permit to operate is required under this section, a permit to
operate shall not be required after the end of the five-year term
of the permit if the problems that caused the facility to be
required to obtain the permit have been corrected to the
director's satisfaction.
Sec. 903.09. (A) Prior to issuing or modifying a permit to
install, permit to operate, or NPDES permit, the director of
agriculture shall issue a draft permit. The director or the
director's representative shall mail notice of the issuance of a
draft permit to the applicant and shall publish the notice once in
a newspaper of general circulation in the county in which the
concentrated animal feeding facility or discharger is located or
proposed to be located. The director shall mail notice of the
issuance of a draft permit and a copy of the draft permit to the
board of county commissioners of the county and the board of
township trustees of the township in which the concentrated animal
feeding facility or discharger is located or proposed to be
located. The director or the director's representative also shall
provide notice of the issuance of a draft NPDES permit to any
other persons that are entitled to notice under the Federal Water
Pollution Control Act. Notice of the issuance of a draft permit to
install, permit to operate, or NPDES permit shall include the
address where written comments concerning the draft permit may be
submitted and the period of time during which comments will be
accepted as established by rule.
If the director receives written comments in an amount that
demonstrates significant public interest, as defined by rule, in
the draft permit, the director shall schedule one public meeting
to provide information to the public and to hear comments
pertinent to the draft permit. The notice of the public meeting
shall be provided in the same manner as the notice of the issuance
of the draft permit.
(B) If a person is required to obtain both a permit to
install and a permit to operate, including any permit to operate
with NPDES provisions, and public meetings are required for both
permits, the public meetings for the permits shall be combined.
(C) The director shall apply the antidegradation policy
adopted under section 6111.12 of the Revised Code to permits
issued under this chapter to the same degree and under the same
circumstances as it applies to permits issued under Chapter 6111.
of the Revised Code. The director shall hold one public meeting to
consider antidegradation issues when such a meeting is required by
the antidegradation policy. When allowed by the antidegradation
policy, the director shall hold the public meeting on
antidegradation issues concurrently with any public meeting held
for the draft permit.
(D) The director or the director's representative shall
publish notice of the issuance of a final permit to install,
permit to operate, or NPDES permit once in a newspaper of general
circulation in the county in which the concentrated animal feeding
facility or discharger is located.
(E) Notice or a public meeting is not required for the
modification of a permit made with the consent of the permittee
for the correction of typographical errors.
(F) The denial, modification, suspension, or revocation of a
permit to install, permit to operate, or NPDES permit without the
consent of the applicant or permittee shall be preceded by a
proposed action stating the director's intention to issue an order
with respect to the permit and the reasons for it.
The director shall mail to the applicant or the permittee
notice of the director's proposed action to deny, modify, suspend,
or revoke a permit to install, permit to operate, or NPDES permit.
The director shall publish the notice once in a newspaper of
general circulation in the county in which the concentrated animal
feeding facility or concentrated animal feeding operation is
located or proposed to be located. The director shall mail a copy
of the notice of the proposed action to the board of county
commissioners of the county and to the board of township trustees
of the township in which the concentrated animal feeding facility
or concentrated animal feeding operation is located or proposed to
be located. The director also shall provide notice of the
director's proposed action to deny, modify, suspend, or revoke a
permit to install, permit to operate, or NPDES permit to any other
person that is entitled to notice under the Federal Water
Pollution Control Act. The notice of the director's proposed
action to deny, modify, suspend, or revoke a permit to install,
permit to operate, or NPDES permit shall include the address where
written comments concerning the director's proposed action may be
submitted and the period of time during which comments will be
accepted as established by rule. If the director receives written
comments in an amount that demonstrates significant public
interest, as defined by rule, the director shall schedule one
public meeting to provide information to the public and to hear
comments pertinent to the proposed action. The notice of the
public meeting shall be provided in the same manner as the notice
of the director's proposed action.
The director shall not issue an order that makes the proposed
action final until the applicant or permittee has had an
opportunity for an adjudication hearing in accordance with Chapter
119. of the Revised Code, except that section 119.12 of the
Revised Code does not apply. An order of the director that
finalizes the proposed action or an order issuing a permit without
a prior proposed action may be appealed to the environmental
review appeals commission under sections 3745.04 to 3745.06 of the
Revised Code.
(G)(1) The director shall issue an order issuing or denying
an application for a permit to operate that contains NPDES
provisions or for a NPDES permit, as well as any application for a
permit to install that is submitted simultaneously, not later than
one hundred eighty days after receiving the application.
(2) In the case of an application for a permit to install or
permit to operate that is not connected with an application for a
NPDES permit, the director shall issue or propose to deny the
permit not later than ninety days after receiving the application.
If the director has proposed to deny the permit to install or
permit to operate under division (G)(2) of this section, the
director shall issue an order denying the permit or, if the
director decides against the proposed denial, issuing the permit
not later than one hundred eighty days after receiving the
application. If the director denies the permit, the director shall
notify the applicant in writing of the reason for the denial.
(H) All rulemaking and the issuance of civil penalties under
this chapter shall comply with Chapter 119. of the Revised Code.
(I) Upon the transfer of ownership of an animal feeding
facility for which a permit to install, an installation permit, a
review compliance certificate, or a permit to operate that
contains no NPDES provisions has been issued, the permit or
certificate shall be transferred to the new owner of the animal
feeding facility except as provided in division (C) of section
903.05 of the Revised Code. In the case of the transfer of
ownership of a point source for which a NPDES permit or a permit
to operate that contains NPDES provisions has been issued, the
permit shall be transferred in accordance with rules.
(J) Applications for installation permits for animal feeding
facilities pending before the director of environmental protection
on the date on which the director of agriculture has finalized the
programs required under division (A)(1) of section 903.02 and
division (A)(1) of section 903.03 of the Revised Code shall be
transferred to the director of agriculture. In the case of an
applicant who is required to obtain a permit to install and a
permit to operate under sections 903.02 and 903.03, respectively,
of the Revised Code, the director of agriculture shall process the
pending application for an installation permit as an application
for a permit to install and a permit to operate.
(K) Applications for NPDES permits for either of the
following that are pending before the director of environmental
protection on the date on which the United States environmental
protection agency approves the NPDES program submitted by the
director of agriculture under section 903.08 of the Revised Code
shall be transferred to the director of agriculture:
(1) The discharge of pollutants from a concentrated animal
feeding operation;
(2) The discharge of storm water resulting from an animal
feeding facility.
In the case of an applicant who is required to obtain a NPDES
permit under section 903.08 of the Revised Code, the director of
agriculture shall process the pending application as an
application for a NPDES permit under that section.
Sec. 903.10. The director of agriculture may adopt rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(A) Establish all of the following concerning permits to
install and permits to operate:
(1) A description of what constitutes a modification of a
concentrated animal feeding facility;
(2) A description of what constitutes a major operational
change at a concentrated animal feeding facility;
(3) The amount of the fee that must be submitted with each
permit application and each application for a permit modification;
(4) Information that must be included in the designs and
plans required to be submitted with an application for a permit to
install and criteria for approving, disapproving, or requiring
modification of the designs and plans;
(5) Information that must be included in a manure management
plan required to be submitted with an application for a permit to
operate;
(6) Information that must be included in an application for
the modification of an installation permit, a permit to install,
or a permit to operate;
(7) Information that must be included in an application for
approval of a major operational change at a concentrated animal
feeding facility;
(8) Any additional information that must be included with a
permit application;
(9) Procedures for the issuance, denial, modification,
transfer, suspension, and revocation of permits to install and
permits to operate, including general permits;
(10) Procedures for the approval or denial of an application
for approval of a major operational change at a concentrated
animal feeding facility;
(11) Grounds for the denial, modification, suspension, or
revocation of permits to install and permits to operate in
addition to the grounds established in division (D) of section
903.02 and division (D) of section 903.03 of the Revised Code;
(12) Grounds for the denial of an application for approval of
a major operational change at a concentrated animal feeding
facility;
(13) A requirement that a person that is required to obtain
both a permit to install and a permit to operate submit
applications for those permits simultaneously;
(14) A definition of "general permit to operate" that
establishes categories of concentrated animal feeding facilities
to be covered under such a permit and a definition of "individual
permit to operate" together with the criteria for issuing a
general permit to operate and the criteria for determining a
person's eligibility to operate under a general permit to operate.
(B) Establish all of the following for the purposes of review
compliance certificates issued under section 903.04 of the Revised
Code:
(1) The form of a certificate;
(2) Criteria for what constitutes a significant capital
expenditure under division (D) of that section;
(3) Deadlines and procedures for submitting information under
division (E)(2) of that section.
(C) Establish best management practices that minimize water
pollution, odors, insects, and rodents, that govern the land
application of manure that originated at a concentrated animal
feeding facility, and that govern all of the following activities
that occur at a concentrated animal feeding facility:
(1) Manure management, including the storage, handling,
transportation, and land application of manure. Rules adopted
under division (C)(B)(1) of this section shall include practices
that prevent surface and ground water contamination caused by the
storage of manure or the land application of manure and prevent
the contamination of water in drainage tiles that may be caused by
that application.
(2) Disposal of dead livestock;
(3) Production of biodiesel, biomass energy, electric or heat
energy, and biologically derived methane gas as those terms are
defined in section 5713.30 of the Revised Code;
(4) Any other activity that the director considers
appropriate.
Best management practices established in rules adopted under
division (C)(B) of this section shall not conflict with best
management practices established in rules that have been adopted
under any other section of the Revised Code. The rules adopted
under division (C)(B) of this section shall establish guidelines
that require owners or operators of concentrated animal feeding
facilities to consult with and work with local officials,
including boards of county commissioners and boards of township
trustees, in addressing issues related to local government
infrastructure needs and the financing of that infrastructure.
(D)(C) Establish all of the following concerning insect and
rodent control plans required under section 903.06 of the Revised
Code:
(1) The information to be included in an insect and rodent
control plan;
(2) Criteria for approving, disapproving, or requiring
modification of an insect and rodent control plan;
(3) Criteria for determining compliance with or violation of
an insect and rodent control plan;
(4) Procedures and standards for monitoring insect and rodent
control plans;
(5) Procedures and standards for enforcing insect and rodent
control plans at concentrated animal feeding facilities at which
insects or rodents constitute a nuisance or adversely affect
public health;
(6) The amount of civil penalties for violation of an insect
and rodent control plan assessed by the director of agriculture
under division (B) of section 903.16 of the Revised Code, provided
that the rules adopted under division (D)(C)(6) of this section
shall not establish a civil penalty of more than ten thousand
dollars for a violation involving a concentrated animal feeding
facility that is not a major concentrated animal feeding facility
and shall not establish a civil penalty of more than twenty-five
thousand dollars for a violation involving a major concentrated
animal feeding facility;
(7) The time period within which the director must approve or
deny an insect and rodent control plan after receiving it;
(8) Any other provisions necessary to administer and enforce
section 903.12 of the Revised Code.
(E)(D) Establish all of the following concerning livestock
manager certifications required under section 903.07 of the
Revised Code:
(1) The information to be included in an application for a
livestock manager certification and the amount of the application
fee;
(2) The content of the training required to be completed and
of the examination required to be passed by an applicant for a
livestock manager certification. The training shall include and
the examination shall test the applicant's knowledge of
information on topics that include calculating nutrient values in
manure, devising and implementing a plan for the land application
of manure, removing manure held in a manure storage or treatment
facility, and following best management practices established in
rules for disposal of dead animals and manure management,
including practices that control odor and protect the environment.
The director may specify other types of recognized training
programs that, if completed, are considered to satisfy the
training and examination requirement.
(3) Criteria and procedures for the issuance, denial,
suspension, revocation, or reinstatement of a livestock manager
certification;
(4) The length of time during which livestock manager
certifications will be valid and procedures for their renewal;
(5) The volume of manure that must be transported and land
applied annually or the volume of manure that must be bought,
sold, or land applied annually by a person in order for the person
to be required to obtain a livestock manager certification under
division (A)(2) of section 903.07 of the Revised Code;
(6) Requirements governing the management and handling of
manure, including the land application of manure;
(7) Requirements governing the keeping of records regarding
the handling of manure, including the land application of manure;
(8) Any other provisions necessary to administer and enforce
section 903.07 of the Revised Code.
(F)(E) Establish all of the following concerning NPDES
permits:
(1) The designation of concentrated animal feeding operations
that are subject to NPDES permit requirements under section 903.08
of the Revised Code;
(2) Effluent limitations governing discharges into waters of
the state that are authorized by permits;
(3) Variances from effluent limitations and other permit
requirements to the extent that the variances are consistent with
the Federal Water Pollution Control Act;
(4) Terms and conditions to be included in a permit,
including, as applicable, best management practices; installation
of discharge or water quality monitoring methods or equipment;
creation and retention of records; submission of periodic reports;
schedules of compliance; net volume, net weight, and, where
necessary, concentration and mass loading limits of manure that
may be discharged into waters of the state; and authorized
duration and frequency of any discharges into waters of the state;
(5) Procedures for the submission of applications for permits
and notices of intent to be covered by general permits, including
information that must be included in the applications and notices;
(6) The amount of the fee that must be submitted with an
application for a permit;
(7) Procedures for processing permit applications, including
public notice and participation requirements;
(8) Procedures for notifying the United States environmental
protection agency of the submission of permit applications, the
director's action on those applications, and any other reasonable
and relevant information;
(9) Procedures for notifying and receiving and responding to
recommendations from other states whose waters may be affected by
the issuance of a permit;
(10) Procedures for the transfer of permits to new owners or
operators;
(11) Grounds and procedures for the issuance, denial,
modification, suspension, or revocation of permits, including
general permits;
(12) A definition of "general NPDES permit" that establishes
categories of point sources to be covered under such a permit and
a definition of "individual NPDES permit" together with the
criteria for issuing a general NPDES permit and the criteria for
determining a person's eligibility to discharge under a general
NPDES permit.
The rules adopted under division (F)(E) of this section shall
be consistent with the requirements of the Federal Water Pollution
Control Act.
(G)(F) Establish public notice and participation
requirements, in addition to the procedures established in rules
adopted under division (F)(E)(7) of this section, for the
issuance, denial, modification, transfer, suspension, and
revocation of permits to install, permits to operate, and NPDES
permits consistent with section 903.09 of the Revised Code,
including a definition of what constitutes significant public
interest for the purposes of divisions (A) and (F) of section
903.09 of the Revised Code and procedures for public meetings. The
rules shall require that information that is presented at such a
public meeting be limited to the criteria that are applicable to
the permit application that is the subject of the public meeting.
(H)(G) Establish the amount of civil penalties assessed by
the director of agriculture under division (B) of section 903.16
of the Revised Code for violation of the terms and conditions of a
permit to install, or permit to operate, or review compliance
certificate, provided that the rules adopted under this division
shall not establish a civil penalty of more than ten thousand
dollars per day for each violation;
(I)(H) Establish procedures for the protection of trade
secrets from public disclosure. The procedures shall authorize the
release of trade secrets to officers, employees, or authorized
representatives of the state, another state, or the United States
when necessary for an enforcement action brought under this
chapter or when otherwise required by the Federal Water Pollution
Control Act. The rules shall require at least ten days' written
notice to the person to whom a trade secret applies prior to the
release of the trade secret. Rules adopted under this division do
not apply to any information that is contained in applications,
including attachments, for NPDES permits and that is required to
be submitted under section 903.08 of the Revised Code or rules
adopted under division (F)(E) of this section.
(J)(I) Establish any other provisions necessary to administer
and enforce this chapter.
Sec. 903.11. (A) The director of agriculture may enter into
contracts or agreements to carry out the purposes of this chapter
with any public or private person, including OSU extension, the
natural resources conservation service in the United States
department of agriculture, the environmental protection agency,
the division of soil and water resources in the department of
natural resources, and soil and water conservation districts
established under Chapter 1515. of the Revised Code. However, the
director shall not enter into a contract or agreement with a
private person for the review of applications for permits to
install, permits to operate, or NPDES permits, or review
compliance certificates that are issued under this chapter or for
the inspection of a facility regulated under this chapter or with
any person for the issuance of any of those permits or
certificates or for the enforcement of this chapter and rules
adopted under it.
(B) The director may administer grants and loans using moneys
from the federal government and other sources, public or private,
for carrying out any of the director's functions. Nothing in this
chapter shall be construed to limit the eligibility of owners or
operators of animal feeding facilities or other agricultural
enterprises to receive moneys from the water pollution control
loan fund established under section 6111.036 of the Revised Code
and the nonpoint source pollution management fund established
under section 6111.037 of the Revised Code.
The director of agriculture shall provide the director of
environmental protection with written recommendations for
providing financial assistance from those funds to agricultural
enterprises. The director of environmental protection shall
consider the recommendations in developing priorities for
providing financial assistance from the funds.
Sec. 903.12. (A) The director of agriculture or the
director's authorized representative at reasonable times may enter
on any public or private property, real or personal, to make
investigations and inspections, including the sampling of
discharges and the inspection of discharge monitoring equipment,
or to otherwise execute duties that are necessary for the
administration and enforcement of this chapter. The director or
the director's authorized representative at reasonable times may
examine and copy any records pertaining to discharges that are
subject to this chapter or any records that are required to be
maintained by the terms and conditions of a permit or review
compliance certificate issued under this chapter. If refused
entry, the director or the director's authorized representative
may apply for and the court of common pleas having jurisdiction
may issue an appropriate warrant.
(B) No person to whom a permit or review compliance
certificate has been issued under this chapter shall refuse entry
to the director or the director's authorized representative or
purposely hinder or thwart the director or the director's
authorized representative in the exercise of any authority granted
under division (A) of this section.
Sec. 903.13. In a private civil action for an alleged
nuisance related to agricultural activities conducted at a
concentrated animal feeding facility, it is an affirmative defense
if the person owning, operating, or otherwise responsible for the
concentrated animal feeding facility is in compliance with best
management practices established in the installation permit, or
permit to operate, or review compliance certificate issued for the
concentrated animal feeding facility and the agricultural
activities do not violate federal, state, and local laws governing
nuisances.
Sec. 903.16. (A) The director of agriculture may propose to
require corrective actions and assess a civil penalty against an
owner or operator of a concentrated animal feeding facility if the
director or the director's authorized representative determines
that the owner or operator is not in compliance with section
903.02, or 903.03, or 903.04 or division (A) of section 903.07 of
the Revised Code, the terms and conditions of a permit to install,
or permit to operate, or review compliance certificate issued for
the concentrated animal feeding facility, including the
requirements established under division (C) of section 903.06 of
the Revised Code, or rules adopted under division (A), (B), (C),
(D), (E), or
(J)(I) of section 903.10 of the Revised Code.
However, the director may impose a civil penalty only if all of
the following occur:
(1) The owner or operator is notified in writing of the
deficiencies resulting in noncompliance, the actions that the
owner or operator must take to correct the deficiencies, and the
time period within which the owner or operator must correct the
deficiencies and attain compliance.
(2) After the time period specified in the notice has
elapsed, the director or the director's duly authorized
representative has inspected the concentrated animal feeding
facility, determined that the owner or operator is still not in
compliance, and issued a notice of an adjudication hearing.
(3) The director affords the owner or operator an opportunity
for an adjudication hearing under Chapter 119. of the Revised Code
to challenge the director's determination that the owner or
operator is not in compliance or the imposition of the civil
penalty, or both. However, the owner or operator may waive the
right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the director determines that
a violation has occurred or is occurring, the director may issue
an order requiring compliance and assess the civil penalty. The
order and the assessment of the civil penalty may be appealed in
accordance with section 119.12 of the Revised Code.
Civil penalties shall be assessed under this division as
follows:
(1) A person who has violated section 903.02, or 903.03, or
903.04 of the Revised Code, the terms and conditions of a permit
to install, or permit to operate, or review compliance
certificate, or rules adopted under division (A), (B), (C), (D),
(E), or (J)(I) of section 903.10 of the Revised Code shall pay a
civil penalty in an amount established in rules unless the
violation is of the requirements established under division (C) of
section 903.06 or division (A) of section 903.07 of the Revised
Code.
(2) A person who has violated the requirements established
under division (C) of section 903.06 of the Revised Code shall pay
a civil penalty in an amount established in rules for each
violation. Each seven-day period during which a violation
continues constitutes a separate violation.
(3) A person who has violated the requirements established
under division (A) of section 903.07 of the Revised Code shall pay
a civil penalty of not more than ten thousand dollars for each
violation. Each thirty-day period during which a violation
continues constitutes a separate violation.
(C) The attorney general, upon the written request of the
director, shall bring an action for an injunction in any court of
competent jurisdiction against any person violating or threatening
to violate section 903.02, or 903.03, or 903.04 or division (A) of
section 903.07 of the Revised Code; the terms and conditions of a
permit to install, or permit to operate, or review compliance
certificate, including the requirements established under division
(C) of section 903.06 of the Revised Code; rules adopted under
division (A), (B), (C), (D), (E), or (J)(I) of section 903.10 of
the Revised Code; or an order issued under division (B) of this
section or division (B) of section 903.07 of the Revised Code.
(D)(1) In lieu of seeking civil penalties under division (A)
of this section, the director may request the attorney general, in
writing, to bring an action for a civil penalty in a court of
competent jurisdiction against any person that has violated or is
violating division (A) of section 903.07 of the Revised Code or
the terms and conditions of a permit to install, or permit to
operate, or review compliance certificate, including the
requirements established under division (C) of section 903.06 of
the Revised Code.
(2) The director may request the attorney general, in
writing, to bring an action for a civil penalty in a court of
competent jurisdiction against any person that has violated or is
violating section 903.02, or 903.03, or 903.04 of the Revised
Code, rules adopted under division (A), (B), (C), (D), (E), or
(J)(I) of section 903.10 of the Revised Code, or an order issued
under division (B) of this section or division (B) of section
903.07 of the Revised Code.
(3) A person who has committed a violation for which the
attorney general may bring an action for a civil penalty under
division (D)(1) or (2) of this section shall pay a civil penalty
of not more than ten thousand dollars per violation. Each day that
a violation continues constitutes a separate violation.
(E) In addition to any other penalties imposed under this
section, the director may impose an administrative penalty against
an owner or operator of a concentrated animal feeding facility if
the director or the director's authorized representative
determines that the owner or operator is not in compliance with
best management practices that are established in rules adopted
under division (B) or (C) or (D) of section 903.10 of the Revised
Code or in the permit to install, or permit to operate, or review
compliance certificate issued for the facility. The administrative
penalty shall not exceed five thousand dollars.
The director shall afford the owner or operator an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the director's determination under this
division, the director's imposition of an administrative penalty
under this division, or both. The director's determination and the
imposition of the administrative penalty may be appealed in
accordance with section 119.12 of the Revised Code.
Sec. 903.17. (A) The director of agriculture may propose to
require corrective actions and assess a civil penalty against an
owner or operator of an animal feeding operation if the director
or the director's authorized representative determines that the
owner or operator is not in compliance with section 903.08 of the
Revised Code, the terms and conditions of a NPDES permit, the
NPDES provisions of a permit to operate, or rules adopted under
division (F)(E) of section 903.10 of the Revised Code. However,
the director may impose a civil penalty only if all of the
following occur:
(1) The owner or operator is notified in writing of the
deficiencies resulting in noncompliance, the actions that the
owner or operator must take to correct the deficiencies, and the
time period within which the owner or operator must correct the
deficiencies and attain compliance.
(2) After the time period specified in the notice has
elapsed, the director or the director's duly authorized
representative has inspected the animal feeding operation,
determined that the owner or operator is still not in compliance,
and issued a notice of violation to require corrective actions.
(3) The director affords the owner or operator an opportunity
for an adjudication hearing under Chapter 119. of the Revised Code
to challenge the director's determination that the owner or
operator is not in compliance or the imposition of the civil
penalty, or both. However, the owner or operator may waive the
right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the director determines that
a violation has occurred or is occurring, the director may issue
an order and assess a civil penalty of not more than ten thousand
dollars per violation against the violator. For purposes of
determining the civil penalty, each day that a violation continues
constitutes a separate and distinct violation. The order and the
assessment of the civil penalty may be appealed in accordance with
section 119.12 of the Revised Code.
(C) To the extent consistent with the Federal Water Pollution
Control Act, the director shall consider technical feasibility and
economic costs in issuing orders under this section.
(D)(1) The attorney general, upon the written request of the
director, shall bring an action for an injunction in any court of
competent jurisdiction against any person violating or threatening
to violate section 903.08 of the Revised Code, the terms and
conditions of a NPDES permit, the NPDES provisions of a permit to
operate, rules adopted under division (F)(E) of section 903.10 of
the Revised Code, or an order issued under division (B) of this
section.
(2) In lieu of seeking civil penalties under division (A) of
this section, the director may request, in writing, the attorney
general to bring an action for a civil penalty of not more than
ten thousand dollars per violation in a court of competent
jurisdiction against any person that has violated or is violating
section 903.08 of the Revised Code, the terms and conditions of a
NPDES permit, the NPDES provisions of a permit to operate, rules
adopted under division (F)(E) of section 903.10 of the Revised
Code, or an order issued under division (B) of this section. For
purposes of determining the civil penalty to be assessed under
division (B) of this section, each day that a violation continues
constitutes a separate and distinct violation.
(E) In addition to any other penalties imposed under this
section, the director may impose an administrative penalty against
an owner or operator of an animal feeding operation if the
director or the director's authorized representative determines
that the owner or operator has discharged pollutants into waters
of the state in violation of section 903.08 of the Revised Code or
the terms and conditions of a NPDES permit or the NPDES provisions
of the permit to operate issued for the operation. The
administrative penalty shall not exceed five thousand dollars.
The director shall afford the owner or operator an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the director's determination under this
division, the director's imposition of an administrative penalty
under this division, or both. The director's determination and the
imposition of the administrative penalty may be appealed in
accordance with section 119.12 of the Revised Code.
Sec. 903.25. An owner or operator of an animal feeding
facility who holds a permit to install, a permit to operate, a
review compliance certificate, or a NPDES permit or who is
operating under an operation and management a nutrient utilization
plan, as defined in section 1511.01 939.01 of the Revised Code,
developed or approved by the
chief of the division of soil and
water resources in the department of natural resources director of
agriculture or the director's designee under section 1511.02
939.02 of the Revised Code or by the supervisors of the
appropriate soil and water conservation district under section
1515.08 of the Revised Code shall not be required by any political
subdivision of the state or any officer, employee, agency, board,
commission, department, or other instrumentality of a political
subdivision to obtain a license, permit, or other approval
pertaining to manure, insects or rodents, odor, or siting
requirements for installation of an animal feeding facility.
Sec. 905.326. (A) Except as provided in division (B) of this
section, no person in the western basin shall surface apply
fertilizer under any of the following circumstances:
(1) On snow-covered or frozen soil;
(2) When the top two inches of soil are saturated from
precipitation;
(3) When the local weather forecast for the application area
contains greater than a fifty per cent chance of precipitation
exceeding one-half inch in a twenty-four-hour period.
(B) Division (A) of this section does not apply if a person
in the western basin applies fertilizer under any of the following
circumstances:
(1) The fertilizer application is injected into the ground.
(2) The fertilizer application is incorporated within
twenty-four hours of surface application.
(3) The fertilizer application is applied onto a growing
crop.
(4) The fertilizer application consists of potash or gypsum.
(5) In the event of an emergency, the director of agriculture
or the director's designee provides written consent and the
fertilizer application is made in accordance with procedures
established in the United States department of agriculture natural
resources conservation service practice standard code 590 prepared
for this state.
(C)(1) Upon receiving a complaint by any person or upon
receiving information that would indicate a violation of this
section, the director or the director's designee may investigate
or make inquiries into any alleged failure to comply with this
section.
(2) After receiving a complaint by any person or upon
receiving information that would indicate a violation of this
section, the director or the director's designee may enter at
reasonable times on any private or public property to inspect and
investigate conditions relating to any such alleged failure to
comply with this section.
(3) If an individual denies access to the director or the
director's designee, the director may apply to a court of
competent jurisdiction in the county in which the premises is
located for a search warrant authorizing access to the premises
for the purposes of this section.
(4) The court shall issue the search warrant for the purposes
requested if there is probable cause to believe that the person is
not in compliance with this section. The finding of probable cause
may be based on hearsay, provided that there is a reasonable basis
for believing that the source of the hearsay is credible.
(D) This section does not affect any restrictions established
in Chapter 903. of the Revised Code or otherwise apply to those
entities or facilities that are permitted as concentrated animal
feeding facilities under that chapter.
(E) As used in this section and section 905.327 of the
Revised Code, "western basin" means land in the state that is
located in the following watersheds identified by the specified
United States geological survey hydrologic unit code:
(1) St. Marys watershed, hydrologic unit code 04100004;
(2) Auglaize watershed, hydrologic unit code 04100007;
(3) Blanchard watershed, hydrologic unit code 041000008;
(4) Sandusky watershed, hydrologic unit code 04100011;
(5) Cedar-Portage watershed, hydrologic unit code 04100010;
(6) Lower Maumee watershed, hydrologic unit code 04100009;
(7) Upper Maumee watershed, hydrologic unit code 04100005;
(8) Tiffin watershed, hydrologic unit code 04100006;
(9) St. Joseph watershed, hydrologic unit code 04100003;
(10) Ottawa watershed, hydrologic unit code 04100001;
(11) River Raisin watershed, hydrologic unit code 04100002.
Sec. 905.327. (A) The director of agriculture may assess a
civil penalty against a person that violates section 905.326 of
the Revised Code. The director may impose a civil penalty only if
the director affords the person an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code to challenge the
director's determination that the person violated section 905.326
of the Revised Code. The person may waive the right to an
adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the director determines that
a violation has occurred or is occurring, the director may issue
an order requiring compliance with section 905.326 of the Revised
Code and assess the civil penalty. The order and the assessment of
the civil penalty may be appealed in accordance with section
119.12 of the Revised Code.
(C) A person that has violated section 905.326 of the Revised
Code shall pay a civil penalty in an amount established in rules.
Each thirty-day period during which a violation continues
constitutes a separate violation.
(D) The director shall adopt rules in accordance with Chapter
119. of the Revised Code that establish the amount of the civil
penalty assessed under this section. The civil penalty shall not
be more than ten thousand dollars for each violation.
(E) For purposes of this section, "rule" means a rule adopted
under division (D) of this section.
Sec. 939.01. As used in this chapter:
(A) "Conservation" means the wise use and management of
natural resources.
(B) "Pollution abatement practice" means any residual farm
products or manure pollution abatement facility, structure, or
procedure and the operation and management associated with it as
contained in nutrient utilization plans.
(C) "Agricultural pollution" means failure to use management
or conservation practices in farming operations to abate the
degradation of the waters of the state by residual farm products
or manure, including attached substances.
(D) "Waters of the state" means all streams, lakes, ponds,
wetlands, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations
of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water
is located, that are situated wholly or partly within, or border
on, this state or are within its jurisdiction, except those
private waters that do not combine or effect a junction with
natural surface or underground waters.
(E) "Nutrient utilization plan" means a written record,
developed or approved by the director of agriculture, the
director's designee, or the board of supervisors of a soil and
water conservation district, for the owner or operator of
agricultural land or an animal feeding operation that contains
both of the following:
(1) Implementation schedules and operational procedures for a
level of management and pollution abatement practices that will
abate the degradation of the waters of the state by residual farm
products and manure, including attached pollutants;
(2) Best management practices that are to be used by the
owner or operator.
(F) "Residual farm products" means bedding, wash waters,
waste feed, and silage drainage. "Residual farm products" also
includes the compost products resulting from the composting of
dead animals in operations subject to section 939.04 of the
Revised Code when either of the following applies:
(1) The composting is conducted by the person who raises the
animals and the compost product is used in agricultural operations
owned or operated by that person regardless of whether the person
owns the animals.
(2) The composting is conducted by the person who owns the
animals, but does not raise them and the compost product is used
in agricultural operations either by a person who raises the
animals or by a person who raises grain that is used to feed them
and that is supplied by the owner of the animals.
(G) "Composting" means the controlled decomposition of
organic solid material consisting of dead animals that stabilizes
the organic fraction of the material.
(H) "Manure" means animal excreta.
(I) "Animal feeding operation" means the production area, as
defined in section 903.01 of the Revised Code, of an agricultural
operation where agricultural animals are kept and raised in
confined areas. "Animal feeding operation" does not include a
facility that possesses a permit issued under Chapter 903. or
division (J) of section 6111.03 of the Revised Code.
(J) "Soil and water conservation district" has the same
meaning as in section 1515.01 of the Revised Code.
(K) "Ohio soil and water conservation commission" means the
Ohio soil and water conservation commission established in section
1515.02 of the Revised Code.
(L) "Best management practices" means practices or a
combination of practices that are determined to be the most
effective and practicable means of preventing or reducing
agricultural pollution sources to a level compatible with the
attainment of applicable water quality standards. "Best management
practices" includes structural and nonstructural practices,
conservation practices, and operation and maintenance procedures.
Sec. 939.02. The director of agriculture shall do all of the
following:
(A) Administer this chapter and those provisions of Chapter
1515. of the Revised Code pertaining to state responsibilities and
provide staff assistance to the Ohio soil and water conservation
commission in exercising its statutory responsibilities pertaining
to agricultural pollution;
(B) Coordinate the development and implementation of
cooperative programs and working agreements between soil and water
conservation districts and the department of agriculture or other
agencies of local, state, and federal government;
(C) Adopt rules in accordance with Chapter 119. of the
Revised Code that do or comply with all of the following:
(1) Establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices in farming operations that will abate the
degradation of the waters of the state by residual farm products
or manure, including attached substances, and establish criteria
for determination of the acceptability of such management and
conservation practices;
(2) Establish procedures for the administration of rules
regarding agricultural pollution abatement and for enforcement of
those rules;
(3) Specify the agricultural pollution abatement practices
eligible for state cost sharing and determine the conditions for
eligibility, the construction standards and specifications, the
useful life, the maintenance requirements, and the limits of cost
sharing for those practices. Eligible practices shall be limited
to practices that address agricultural operations and that require
expenditures that are likely to exceed the economic returns to the
owner or operator and that abate degradation of the waters of the
state by residual farm products or manure, including attached
pollutants.
(4) Establish procedures for administering grants to owners
or operators of agricultural land or animal feeding operations for
the implementation of nutrient utilization plans;
(5) Do both of the following with regard to composting
conducted in conjunction with agricultural operations:
(a) Establish methods, techniques, or practices for
composting dead animals, or particular types of dead animals, that
are to be used at such operations, as the director considers to be
necessary or appropriate;
(b) Establish requirements and procedures governing the
review and approval or disapproval of composting plans by the
supervisors of soil and water conservation districts under
division (T) of section 1515.08 of the Revised Code.
(6) Establish best management practices for inclusion in
nutrient utilization plans;
(7) Establish the amount of civil penalties assessed by the
director under division (B) of section 939.09 of the Revised Code
for violation of rules adopted under division (C) of this section;
(8) Be adopted after the director does all of the following:
(a) Mails notice to each statewide organization that the
director determines represents persons or local governmental
agencies that would be affected by a proposed rule at least
thirty-five days before any public hearing on the proposed rule;
(b) Mails a copy of each proposed rule to any person who
requests a copy within five days after receipt of the request;
(c) Consults with appropriate state and local governmental
agencies or their representatives, including statewide
organizations of local governmental officials, industrial
representatives, and other interested persons;
(d) If the rule is adopted under division (C)(1) of this
section, develops an economic impact statement concerning the
effect of the proposed rule.
(9) Not conflict with air or water quality standards adopted
pursuant to section 3704.03 or 6111.041 of the Revised Code.
Compliance with rules adopted under this section does not affect
liability for noncompliance with air or water quality standards
adopted pursuant to section 3704.03 or 6111.041 of the Revised
Code.
(D) Cost share with landowners on practices established in
rules adopted under division (C)(3) of this section as moneys are
appropriated and available for that purpose. A practice for which
cost share is provided shall be maintained for its useful life.
Failure to maintain a cost share practice for its useful life
subjects the landowner to full repayment to the department.
(E) Employ field assistants and other employees that are
necessary for the performance of the work prescribed by Chapter
1515. of the Revised Code pertaining to agricultural pollution,
for performance of the work of the department under this chapter,
and as agreed to in working agreements or contractual arrangements
with soil and water conservation districts, prescribe their
duties, and fix their compensation in accordance with schedules
that are provided by law for the compensation of state employees.
All such employees of the department, unless specifically exempted
by law, shall be employed subject to the classified civil service
laws in force at the time of employment.
(F) When necessary for the purposes of this chapter or the
provisions of Chapter 1515. of the Revised Code pertaining to
agricultural pollution, develop or approve nutrient utilization
plans. The director may designate an employee of the department to
develop or approve nutrient utilization plans in lieu of the
director.
This section does not restrict the manure of domestic or farm
animals defecated on land outside an animal feeding operation or
runoff from that land into the waters of the state.
Sec. 939.03. (A) A person who owns or operates agricultural
land or an animal feeding operation may develop and operate under
a nutrient utilization plan approved by the director of
agriculture or the director's designee under section 939.02 of the
Revised Code or by the supervisors of the applicable soil and
water conservation district under section 1515.08 of the Revised
Code. A nutrient management plan that is approved by the chief of
the division of soil and water resources in the department of
natural resources under rules adopted under section 1511.023 of
the Revised Code constitutes an approved nutrient utilization plan
for purposes of this chapter.
(B) A person who wishes to make a complaint regarding
nuisances involving agricultural pollution may do so orally or by
submitting a written, signed, and dated complaint to the director
or to the director's designee. After receiving an oral complaint,
the director or the director's designee may cause an investigation
to be conducted to determine whether agricultural pollution has
occurred or is imminent. After receiving a written, signed, and
dated complaint, the director or the director's designee shall
cause such an investigation to be conducted.
(C) In a private civil action for nuisances involving
agricultural pollution, it is an affirmative defense if the person
owning, operating, or otherwise responsible for agricultural land
or an animal feeding operation is operating under and in
substantial compliance with an approved nutrient utilization plan
developed under division (A) of this section, with a nutrient
utilization plan developed by the director or the director's
designee under section 939.02 of the Revised Code or by the
supervisors of the applicable soil and water conservation district
under section 1515.08 of the Revised Code, or with a nutrient
utilization plan required under division (A)(2) of section 939.09
of the Revised Code. Nothing in this section is in derogation of
the authority granted to the director in division (C) of section
939.02 and in section 939.09 of the Revised Code.
Sec. 1511.022 939.04. (A) Any person who owns or operates an
agricultural operation, or owns the animals raised by the owner or
operator of an agricultural operation, and who wishes to conduct
composting of dead animals resulting from the agricultural
operation shall do both of the following:
(1) Participate in an educational course concerning
composting conducted by OSU extension and obtain a certificate of
completion for the course;
(2) Use the appropriate method, technique, or practice of
composting established in rules adopted under division
(E)(8)(C)(5) of section 1511.02 939.02 of the Revised Code.
(B) Any person who fails to comply with division (A) of this
section shall prepare and operate under a composting plan in
accordance with an order issued required by the chief of the
division of soil and water resources director of agriculture under
division
(G)(A)(2) of section 1511.02 939.09 of the Revised Code.
If the person's proposed composting plan is disapproved by the
board of supervisors of the appropriate soil and water
conservation district under division (Q)(T)(3) of section 1515.08
of the Revised Code, the person may appeal the plan disapproval to
the
chief director, who shall afford the person a hearing.
Following the hearing, the chief director shall uphold the plan
disapproval or reverse it. If the chief director reverses the
disapproval, the plan shall be deemed approved.
Sec. 939.05. (A) Except as provided in division (B) of this
section, the director of agriculture, an employee of the
department of agriculture, the supervisors of a soil and water
conservation district, an employee of a district, and a contractor
of the department or a district shall not disclose either of the
following:
(1) Information, including data from geographic information
systems and global positioning systems, provided by a person who
owns or operates agricultural land or an animal feeding operation
and operates under a nutrient utilization plan;
(2) Information gathered as a result of an inspection of
agricultural land or an animal feeding operation to determine
whether the person who owns or operates the land or operation is
in compliance with a nutrient utilization plan.
(B) The director or the supervisors of a district may release
or disclose information specified in division (A)(1) or (2) of
this section to a person or a federal, state, or local agency
working in cooperation with the director or the supervisors in the
development of a nutrient utilization plan or an inspection to
determine compliance with such a plan if the director or
supervisors determine that the person or federal, state, or local
agency will not subsequently disclose the information to another
person.
Sec. 939.06. The director of agriculture may enter into
contracts or agreements with an agency of the United States
government, or any other public or private agency or organization,
for the performance of the duties of the department of agriculture
under this chapter or for accomplishing cooperative projects
within the scope of those duties.
Sec. 939.07. The director of agriculture may accept
donations, grants, and contributions in money, service, or
equipment to enhance or expedite the work of the department of
agriculture under this chapter.
Sec. 939.08. The director of agriculture, subject to
approval of the terms of the agreement by the Ohio soil and water
conservation commission, shall enter into cooperative agreements
with the board of supervisors of a soil and water conservation
district desiring to enter into those agreements pursuant to
section 1515.08 of the Revised Code. The agreements shall be
entered into to obtain compliance with rules of the director
pertaining to agricultural pollution abatement.
The director or a person designated by the director may enter
at reasonable times on private property, with the consent of the
property owner, or public property to inspect and investigate
conditions relating to agricultural pollution of the waters of the
state. If consent has been granted and subsequently revoked, if
applicable, upon refusal of entry, the director or the director's
designee may apply for and a judge of the court of common pleas of
the county where the land is located may issue an appropriate
inspection warrant as necessary to achieve the purposes of this
chapter.
Sec. 939.09. (A)(1) The director of agriculture may propose
to require corrective actions and assess a civil penalty against
an owner or operator of agricultural land or an animal feeding
operation if the director or the director's designee determines
that the owner or operator is doing one of the following:
(a) Not complying with a standard established in rules
adopted under division (C)(1) of section 939.02 of the Revised
Code;
(b) Not operating in accordance with an approved nutrient
utilization plan that is developed under division (A) of section
939.03 of the Revised Code, with a nutrient utilization plan
developed by the director or the director's designee under section
939.02 of the Revised Code or by the supervisors of the applicable
soil and water conservation district under section 1515.08 of the
Revised Code, or with a nutrient utilization plan required by the
director under division (A)(2) of this section;
(c) Not complying with a standard established in rules
adopted under division (C)(5)(a) of section 939.02 of the Revised
Code;
(d) Not operating in accordance with a composting plan that
is approved in accordance with rules adopted under division
(C)(5)(b) of section 939.02 of the Revised Code or required by the
director under division (A)(2) of this section.
(2) The director may include in the corrective actions a
requirement that an owner or operator do one of the following:
(a) Operate under a nutrient utilization plan approved by the
director or the director's designee under section 939.02 of the
Revised Code;
(b) If the owner or operator has failed to operate in
accordance with an existing nutrient utilization plan, operate in
accordance with that plan;
(c) Prepare a composting plan in accordance with rules
adopted under division (C)(5)(b) of section 939.02 of the Revised
Code and operate in accordance with that plan;
(d) If the owner or operator has failed to operate in
accordance with an existing composting plan, operate in accordance
with that plan.
(3) The director may impose a civil penalty only if all of
the following occur:
(a) The owner or operator is notified in writing of the
deficiencies resulting in noncompliance, the actions that the
owner or operator must take to correct the deficiencies, and the
time period within which the owner or operator must correct the
deficiencies and attain compliance.
(b) After the time period specified in the notice has
elapsed, the director or the director's designee has inspected the
agricultural land or animal feeding operation, determined that the
owner or operator is still not in compliance, and issued a notice
of an adjudication hearing.
(c) The director affords the owner or operator an opportunity
for an adjudication hearing under Chapter 119. of the Revised Code
to challenge the director's determination that the owner or
operator is not in compliance or the imposition of the civil
penalty, or both. However, the owner or operator may waive the
right to an adjudication hearing.
(4) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the director determines that
noncompliance has occurred or is occurring, the director may issue
an order requiring compliance and assess the civil penalty. The
order and the assessment of the civil penalty may be appealed in
accordance with section 119.12 of the Revised Code.
(5) A person who has violated rules adopted under division
(C) of section 939.02 of the Revised Code shall pay a civil
penalty in an amount established in rules adopted under that
section.
(B) The attorney general, upon the written request of the
director, shall bring an action for an injunction in any court of
competent jurisdiction against any person violating or threatening
to violate rules adopted under division (C) of section 939.02 of
the Revised Code or an order issued under division (A)(4) of this
section.
(C)(1) In lieu of seeking civil penalties under division (A)
of this section, the director may request the attorney general, in
writing, to bring an action for a civil penalty in a court of
competent jurisdiction against any person that has violated or is
violating a rule adopted under division (C) of section 939.02 of
the Revised Code.
(2) A person who has committed a violation for which the
attorney general may bring an action for a civil penalty under
division (C)(1) of this section shall pay a civil penalty of not
more than ten thousand dollars per violation. Each day that a
violation continues constitutes a separate violation.
(D) In addition to any other penalties imposed under this
section, the director may impose an administrative penalty against
an owner or operator of agricultural land or an animal feeding
operation if the director or the director's designee determines
that the owner or operator is not in compliance with best
management practices that are established in rules adopted under
division (C) of section 939.02 of the Revised Code. The
administrative penalty shall not exceed five thousand dollars.
The director shall afford the owner or operator an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the director's determination under this
division, the director's imposition of an administrative penalty
under this division, or both. The director's determination and the
imposition of the administrative penalty may be appealed in
accordance with section 119.12 of the Revised Code.
(E) Notwithstanding any other provision in this section, if
the director determines that an emergency exists requiring
immediate action to protect the public health or safety or the
environment, the director may issue an order, without notice or
adjudication hearing, stating the existence of the emergency and
requiring that action be taken that is necessary to meet the
emergency. The order shall take effect immediately. A person to
whom the order is directed shall comply immediately, but on
application to the director shall be afforded an adjudication
hearing in accordance with Chapter 119. of the Revised Code as
soon as possible and not later than thirty days after application.
On the basis of the hearing, the director shall continue the order
in effect, revoke it, or modify it. The director's order is
appealable in accordance with section 119.12 of the Revised Code.
No emergency order shall remain in effect for more than one
hundred twenty days after its issuance.
(F) A person that is responsible for causing or allowing the
unauthorized spill, release, or discharge of manure or residual
farm products that requires emergency action to protect public
health or safety or the environment is liable to the director for
the costs incurred in investigating, mitigating, minimizing,
removing, or abating the spill, release, or discharge. Upon
request of the director, the attorney general shall bring a civil
action against the responsible person or persons to recover those
costs.
(G) Money recovered under division (F) of this section and
money collected from civil penalties under this section shall be
paid into the state treasury to the credit of the agricultural
pollution abatement fund created in section 939.11 of the Revised
Code.
(H) As used in this section, "noncompliance" means doing one
of the actions specified in division (A)(1) of this section.
Sec. 939.10. A person claiming to be deprived of a right or
protection afforded the person by law by an action of the director
of agriculture under this chapter, except the adoption of a rule,
may appeal to the court of common pleas of Franklin county or the
court of common pleas of the county in which the alleged violation
exists.
If the court finds that the action of the director appealed
from was lawful and reasonable, it shall affirm the action. If the
court finds that the action was unreasonable or unlawful, it shall
vacate the action and order the action to be taken that it finds
the director should have taken. The judgment of the court is final
unless reversed, vacated, or modified on appeal.
Sec. 939.11. There is hereby created in the state treasury
the agricultural pollution abatement fund, which shall be
administered by the director of agriculture. The fund may be used
to pay costs incurred by the department of agriculture under
division (F) of section 939.09 of the Revised Code in
investigating, mitigating, minimizing, removing, or abating any
pollution of the waters of the state caused by agricultural
pollution or an unauthorized release, spill, or discharge of
manure or residual farm products into or on the environment that
requires emergency action to protect the public health.
Sec. 941.14. (A) The owner shall burn the body of an animal
that has died of, or been destroyed because of, a dangerously
infectious or contagious disease, bury it not less than four feet
under the surface of the ground, dissolve it by alkaline
hydrolysis, remove it in a watertight tank to a rendering
establishment, or otherwise dispose of it in accordance with
section 939.04 or 953.26 or 1511.022 of the Revised Code within
twenty-four hours after knowledge thereof or after notice in
writing from the department of agriculture.
(B) The owner of premises that contain a dead animal shall
burn the body of the animal, bury it not less than four feet
beneath the surface of the ground, dissolve it by alkaline
hydrolysis, remove it in a watertight tank to a rendering
establishment, or otherwise dispose of it in accordance with
section 939.04 or 953.26 or 1511.022 of the Revised Code within a
reasonable time after knowledge thereof or after notice in writing
from the department or from the township trustees of the township
in which the owner's premises are located.
(C) Notwithstanding division (A) or (B) of this section, the
director of agriculture, in written notice sent to the owner of a
dead animal, may require the owner to employ a specific method of
disposition of the body, including burning, burying, rendering,
composting, or alkaline hydrolysis, when that method does not
conflict with any law or rule governing the disposal of infectious
wastes and, in the director's judgment, is necessary for purposes
of animal disease control. No person shall fail to employ the
method of disposition required under this division.
(D) The director, in written notice sent to the owner of a
dead animal, may prohibit the owner from transporting the body of
the dead animal on any street or highway if that prohibition does
not conflict with any law or rule governing the transportation of
infectious wastes and, in the director's judgment, is necessary
for purposes of animal disease control. No person shall fail to
comply with a prohibition issued under this division.
(E) As used in this section, "infectious wastes" has the same
meaning as in section 3734.01 of the Revised Code, and "street" or
"highway" has the same meaning as in section 4511.01 of the
Revised Code.
Sec. 953.22. (A) No person shall engage in the business of
disposing of, picking up, rendering, or collecting raw rendering
material or transporting the material to a composting facility
without a license to do so from the department of agriculture.
(B) This chapter does not apply to any of the following:
(1) A farmer who slaughters the farmer's own animals, raised
by the farmer on the farmer's own farm, processes the farmer's
own meat therefrom, and disposes of the farmer's raw rendering
material only by delivery to a person licensed under section
953.23 of the Revised Code;
(2) A person whose only connection with raw rendering
material is curing hides and skins;
(3) A person whose only connection with raw rendering
material is operating a pet cemetery;
(4) A person who is conducting composting, as defined in
section 1511.01 939.01 of the Revised Code, in accordance with
section
1511.022 939.04 of the Revised Code;
(5) A person whose only connection with raw rendering
material is trapping wild animals in accordance with a nuisance
wild animal permit issued by the chief of the division of wildlife
in the department of natural resources under rules adopted
pursuant to section 1531.08 of the Revised Code;
(6) A county dog warden or animal control officer who
transports raw rendering material only for disposal purposes.
Sec. 956.03. The director of agriculture shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing
all of the following:
(A) Requirements and procedures governing high volume
breeders, including the licensing and inspection of and record
keeping by high volume breeders, in addition to the requirements
and procedures established in this chapter;
(B) Requirements and procedures for conducting background
investigations of each applicant for a license issued under
section 956.04 of the Revised Code in order to determine if the
applicant has been convicted of or pleaded guilty to any of the
violations specified in division (A)(2) of section 956.15 of the
Revised Code;
(C) Requirements and procedures governing dog retailers,
including the licensing of and record keeping by dog retailers, in
addition to the requirements and procedures established in this
chapter;
(D) The form of applications for licenses issued under this
chapter and the information that is required to be submitted in
the applications and the form for registering as an animal rescue
for dogs under this chapter and the information that is required
to be provided with a registration, including the name and address
of each foster home that an animal rescue for dogs utilizes;
(E) A requirement that each high volume breeder submit to the
director, with an application for a high volume breeder license,
evidence of insurance or, in the alternative, evidence of a surety
bond payable to the state, cash in an amount prescribed in this
section, or negotiable certificates of deposit or irrevocable
letters of credit, issued by any bank organized or transacting
business in this state or by any savings and loan association as
defined in section 1151.01 of the Revised Code, having a cash
value equal to or greater than the amount prescribed in this
section to ensure compliance with this chapter and rules adopted
under it.
The Cash or certificates of deposit shall be deposited
on the same terms as those on which surety bonds may be deposited.
If certificates of deposit are deposited with the director instead
of a surety bond, the director shall require the bank or savings
and loan association that issued any such certificate to pledge
securities of a cash value equal to the amount of the certificate
that is in excess of the amount insured by any of the agencies and
instrumentalities created under the "Federal Deposit Insurance
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and
regulations adopted under it, including at least the federal
deposit insurance corporation, bank insurance fund, and savings
association insurance fund. The securities shall be security for
the repayment of the certificate of deposit. Immediately upon a
deposit of cash, certificates of deposit, or letters of credit
with the director, the director shall deliver them to the
treasurer of state who shall hold them in trust for the purposes
for which they have been deposited.
The face value of the insurance coverage or, bond, cash
deposit, negotiable certificates of deposit, or irrevocable
letters of credit shall be in the following amounts:
(1) Five thousand dollars for high volume breeders keeping,
housing, and maintaining not more than twenty-five adult dogs;
(2) Ten thousand dollars for high volume breeders keeping,
housing, and maintaining at least twenty-six adult dogs, but not
more than fifty adult dogs;
(3) Twenty thousand dollars for high volume breeders keeping,
housing, and maintaining at least fifty-one adult dogs, but not
more than eighty adult dogs;
(4) Fifty thousand dollars for high volume breeders keeping,
housing, and maintaining more than fifty eighty adult dogs.
The rules shall require that the insurance be payable to the
state or that the surety bond, certificates of deposit, or letters
of credit be subject to redemption by the state, as applicable,
upon a suspension or revocation of a high volume breeder license
for the purpose of paying for the maintenance and care of dogs
that are seized or otherwise impounded from the high volume
breeder in accordance with this chapter.
(F)(1) For high volume breeders, standards of care governing
all of the following:
(e) Biosecurity and disease control;
(h) Any other general standards of care for dogs.
(2) In adopting rules under division (F)(1) of this section,
the director shall consider the following factors, without
limitation:
(a) Best management practices for the care and well-being of
dogs;
(c) The prevention of disease;
(d) Morbidity and mortality data;
(e) Generally accepted veterinary medical standards and
ethical standards established by the American veterinary medical
association;
(f) Standards established by the United States department of
agriculture under the federal animal welfare act as defined in
section 959.131 of the Revised Code.
(G) Procedures for inspections conducted under section 956.10
of the Revised Code in addition to the procedures established in
that section, and procedures for making records of the
inspections;
(H)(1) A requirement that an in-state retailer of a puppy or
adult dog provide to the purchaser the complete name, address, and
telephone number of all high volume breeders, dog retailers, and
private owners that kept, housed, or maintained the puppy or adult
dog prior to its coming into the possession of the retailer or
proof that the puppy or adult dog was acquired through an animal
rescue for dogs, animal shelter for dogs, or humane society, or a
valid health certificate from the state of origin pertaining to
the puppy or adult dog;
(2) A requirement that an out-of-state retailer of a puppy or
adult dog that is conducting business in this state provide to the
purchaser a valid health certificate from the state of origin
pertaining to the puppy or adult dog and the complete name,
address, and telephone number of all breeders, retailers, and
private owners that kept, housed, or maintained the puppy or adult
dog prior to its coming into the possession of the retailer or
proof that the puppy or adult dog was acquired through an animal
rescue for dogs, animal shelter for dogs, or humane society in
this state or another state.
(I) A requirement that a high volume breeder or a dog
retailer who advertises the sale of a puppy or adult dog include
with the advertisement the vendor number assigned by the tax
commissioner to the high volume breeder or to the dog retailer if
the sale of the puppy or dog is subject to the tax levied under
Chapter 5739. of the Revised Code;
(J) A requirement that a licensed high volume breeder and a
licensed dog retailer comply with Chapter 5739. of the Revised
Code. The rules shall authorize the director to suspend or revoke
a license for failure to comply with that chapter. The director
shall work in conjunction with the tax commissioner for the
purposes of rules adopted under this division.
(K) Any other requirements and procedures that are determined
by the director to be necessary for the administration and
enforcement of this chapter and rules adopted under it. However,
rules adopted under this division shall not establish additional
requirements and procedures governing animal rescues for dogs
other than those adopted under division (D) of this section.
Sec. 956.04. (A)(1) No person shall operate a high volume
breeder in this state without a high volume breeder license issued
by the director of agriculture in accordance with this section and
rules adopted under section 956.03 of the Revised Code.
(2) The director shall not issue a license under this section
unless the director determines that the applicant will operate or
will continue to operate the high volume breeder in accordance
with this chapter and rules adopted under it.
(B) In determining whether an establishment is a high volume
breeder requiring a license under this chapter, the director shall
determine if, in any given year, the establishment is a high
volume breeder as defined in section 956.01 of the Revised Code.
All facilities that are located at an individual postal address
shall be licensed as one high volume breeder. Not more than one
license shall be issued under this section for any given postal
address.
(C) A person who is proposing to operate a new high volume
breeder shall submit an application for a license to the director
at least ninety days before commencing operation of the high
volume breeder. The application shall be submitted in the form and
with the information required by rules adopted under section
956.03 of the Revised Code and shall include with it at least all
of the following:
(1) An affidavit signed under oath or solemn affirmation of
the number of adult dogs that are kept, housed, and maintained by
the applicant at the location that is the subject of the
application;
(2) An estimate of the number of puppies to be kept, housed,
and maintained and of the number of litters of puppies or total
number of puppies to be produced during the term of the license;
(3) Photographic evidence documenting the facilities where
dogs will be kept, housed, and maintained by the applicant. The
director may conduct an inspection of the facilities that are the
subject of an application in addition to reviewing photographic
evidence submitted by an applicant for a license.
(4) A signed release permitting the performance of a
background investigation regarding the applicant in accordance
with rules adopted under section 956.03 of the Revised Code;
(5) Proof that the applicant has established a
veterinary-client-patient relationship as described in section
4741.04 of the Revised Code.
(D) During the month of December, but before the first day of
January of the next year, a person who is proposing to continue
the operation of a high volume breeder shall obtain a license for
the high volume breeder from the director for the following year.
The person shall apply for the license in the same manner as for
an initial license, except that an applicant for a license under
this division need not provide the following:
(1) A signed release permitting the performance of a
background investigation regarding the applicant in accordance
with rules adopted under section 956.03 of the Revised Code if
both of the following apply:
(a) The applicant has not had any new convictions of or has
not pleaded guilty to a violation specified in division (A)(2) of
section 956.15 of the Revised Code during the immediately
preceding year and the applicant affirms that the applicant has
not had any such new convictions or guilty pleas on the
application.
(b) The director does not request the applicant to provide a
signed release.
(2) Photographic evidence documenting the facilities where
dogs are kept, housed, and maintained by the applicant. However,
the director may conduct an inspection of the facilities that are
the subject of an application for a license under this division.
(E) The owner or operator of a high volume breeder that is in
operation on the effective date of this section March 13, 2013,
shall submit to the director an application for a high volume
breeder license not later than three months after the effective
date of this section March 13, 2013. The director shall issue or
deny the application for a license within ninety days after the
receipt of the completed application.
(F) A person who has received a license under this section,
upon sale or other disposition of the high volume breeder, may
have the license transferred to another person with the consent of
the director, provided that the transferee otherwise qualifies to
be licensed as a high volume breeder under this chapter and rules
adopted under it and does not have a certified unpaid debt to the
state.
(G) An applicant for a license issued under this section
shall demonstrate that the high volume breeder that is the subject
of the application complies with standards established in rules
adopted under section 956.03 of the Revised Code.
Sec. 1501.011. (A) Except as provided in divisions (B), (C),
and (D) of this section, the Ohio facilities construction
commission shall supervise the design and construction of, and
make contracts for the construction, reconstruction, improvement,
enlargement, alteration, repair, or decoration of, any projects or
improvements for the department of natural resources that may be
authorized by legislative appropriations or any other funds
available therefor, the estimated cost of which amounts to two
hundred thousand dollars or more or the amount determined pursuant
to section 153.53 of the Revised Code or more.
(B) The department of natural resources shall administer the
construction of improvements under an agreement with the
supervisors of a soil and water conservation district pursuant to
division (I) of section 1515.08 of the Revised Code.
(C)(1) The department of natural resources shall supervise
the design and construction of, and make contracts for the
construction, reconstruction, improvement, enlargement,
alteration, repair, or decoration of, any of the following
activities, projects, or improvements:
(a) Dam repairs administered by the division of engineering
under Chapter 1507. of the Revised Code;
(b) Projects or improvements administered by the division of
watercraft and funded through the waterways safety fund
established in section 1547.75 of the Revised Code;
(c) Projects or improvements administered by the division of
wildlife under Chapter 1531. or 1533. of the Revised Code;
(d) Activities conducted by the department pursuant to
section 5511.05 of the Revised Code in order to maintain the
department's roadway inventory.
(2) If a contract to be let under division (C)(1) of this
section involves an exigency that concerns the public health,
safety, or welfare or addresses an emergency situation in which
timeliness is crucial in preventing the cost of the contract from
increasing significantly, pursuant to the declaration of a public
exigency, the department may award the contract without
competitive bidding or selection as otherwise required by Chapter
153. of the Revised Code.
A notice published by the department of natural resources
regarding an activity, project, or improvement shall be published
as contemplated in section 7.16 of the Revised Code.
(D) The executive director of the Ohio facilities
construction commission may authorize the department of natural
resources to administer any other project or improvement, the
estimated cost of which, including design fees, construction,
equipment, and contingency amounts, is not more than one million
five hundred thousand dollars.
Sec. 1509.01. As used in this chapter:
(A) "Well" means any borehole, whether drilled or bored,
within the state for production, extraction, or injection of any
gas or liquid mineral, excluding potable water to be used as such,
but including natural or artificial brines and oil field waters.
(B) "Oil" means crude petroleum oil and all other
hydrocarbons, regardless of gravity, that are produced in liquid
form by ordinary production methods, but does not include
hydrocarbons that were originally in a gaseous phase in the
reservoir.
(C) "Gas" means all natural gas and all other fluid
hydrocarbons that are not oil, including condensate.
(D) "Condensate" means liquid hydrocarbons separated at or
near the well pad or along the gas production or gathering system
prior to gas processing.
(E) "Pool" means an underground reservoir containing a common
accumulation of oil or gas, or both, but does not include a gas
storage reservoir. Each zone of a geological structure that is
completely separated from any other zone in the same structure may
contain a separate pool.
(F) "Field" means the general area underlaid by one or more
pools.
(G) "Drilling unit" means the minimum acreage on which one
well may be drilled, but does not apply to a well for injecting
gas into or removing gas from a gas storage reservoir.
(H) "Waste" includes all of the following:
(1) Physical waste, as that term generally is understood in
the oil and gas industry;
(2) Inefficient, excessive, or improper use, or the
unnecessary dissipation, of reservoir energy;
(3) Inefficient storing of oil or gas;
(4) Locating, drilling, equipping, operating, or producing an
oil or gas well in a manner that reduces or tends to reduce the
quantity of oil or gas ultimately recoverable under prudent and
proper operations from the pool into which it is drilled or that
causes or tends to cause unnecessary or excessive surface loss or
destruction of oil or gas;
(5) Other underground or surface waste in the production or
storage of oil, gas, or condensate, however caused.
(I) "Correlative rights" means the reasonable opportunity to
every person entitled thereto to recover and receive the oil and
gas in and under the person's tract or tracts, or the equivalent
thereof, without having to drill unnecessary wells or incur other
unnecessary expense.
(J) "Tract" means a single, individually taxed individual
parcel of land
appearing on the tax list or a portion of a
single, individual parcel of land.
(K) "Owner," unless referring to a mine, means the person who
has the right to drill on a tract or drilling unit, to drill into
and produce from a pool, and to appropriate the oil or gas
produced therefrom either for the person or for others, except
that a person ceases to be an owner with respect to a well when
the well has been plugged in accordance with applicable rules
adopted and orders issued under this chapter. "Owner" does not
include a person who obtains a lease of the mineral rights for oil
and gas on a parcel of land if the person does not attempt to
produce or produce oil or gas from a well or obtain a permit under
this chapter for a well or if the entire interest of a well is
transferred to the person in accordance with division (B) of
section 1509.31 of the Revised Code.
(L) "Royalty interest" means the fee holder's share in the
production from a well.
(M) "Discovery well" means the first well capable of
producing oil or gas in commercial quantities from a pool.
(N) "Prepared clay" means a clay that is plastic and is
thoroughly saturated with fresh water to a weight and consistency
great enough to settle through saltwater in the well in which it
is to be used, except as otherwise approved by the chief of the
division of oil and gas resources management.
(O) "Rock sediment" means the combined cutting and residue
from drilling sedimentary rocks and formation.
(P) "Excavations and workings," "mine," and "pillar" have the
same meanings as in section 1561.01 of the Revised Code.
(Q) "Coal bearing township" means a township designated as
such by the chief of the division of mineral resources management
under section 1561.06 of the Revised Code.
(R) "Gas storage reservoir" means a continuous area of a
subterranean porous sand or rock stratum or strata into which gas
is or may be injected for the purpose of storing it therein and
removing it therefrom and includes a gas storage reservoir as
defined in section 1571.01 of the Revised Code.
(S) "Safe Drinking Water Act" means the "Safe Drinking Water
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and
regulations adopted under those acts.
(T) "Person" includes any political subdivision, department,
agency, or instrumentality of this state; the United States and
any department, agency, or instrumentality thereof; and any legal
entity defined as a person under section 1.59 of the Revised Code;
and any limited liability company.
(U) "Brine" means all saline geological formation water
resulting from, obtained from, or produced in connection with
exploration, drilling, well stimulation, production of oil or gas,
or plugging of a well.
(V) "Waters of the state" means all streams, lakes, ponds,
marshes, watercourses, waterways, springs, irrigation systems,
drainage systems, and other bodies of water, surface or
underground, natural or artificial, that are situated wholly or
partially within this state or within its jurisdiction, except
those private waters that do not combine or effect a junction with
natural surface or underground waters.
(W) "Exempt Mississippian well" means a well that meets all
of the following criteria:
(1) Was drilled and completed before January 1, 1980;
(2) Is located in an unglaciated part of the state;
(3) Was completed in a reservoir no deeper than the
Mississippian Big Injun sandstone in areas underlain by
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea
sandstone in areas directly underlain by Permian stratigraphy;
(4) Is used primarily to provide oil or gas for domestic use.
(X) "Exempt domestic well" means a well that meets all of the
following criteria:
(1) Is owned by the owner of the surface estate of the tract
on which the well is located;
(2) Is used primarily to provide gas for the owner's domestic
use;
(3) Is located more than two hundred feet horizontal distance
from any inhabited private dwelling house other than an inhabited
private dwelling house located on the tract on which the well is
located;
(4) Is located more than two hundred feet horizontal distance
from any public building that may be used as a place of resort,
assembly, education, entertainment, lodging, trade, manufacture,
repair, storage, traffic, or occupancy by the public.
(Y) "Urbanized area" means an area where a well or production
facilities of a well are located within a municipal corporation or
within a township that has an unincorporated population of more
than five thousand in the most recent federal decennial census
prior to the issuance of the permit for the well or production
facilities.
(Z) "Well stimulation" or "stimulation of a well" means the
process of enhancing well productivity, including hydraulic
fracturing operations.
(AA) "Production operation" means all operations and
activities and all related equipment, facilities, and other
structures that may be used in or associated with the exploration
and production of oil, gas, or other mineral resources that are
regulated under this chapter, including operations and activities
associated with site preparation, site construction, access road
construction, well drilling, well completion, well stimulation,
well site activities, reclamation, and plugging. "Production
operation" also includes all of the following:
(1) The piping, equipment, and facilities used for the
production and preparation of hydrocarbon gas or liquids for
transportation or delivery;
(2) The processes of extraction and recovery, lifting,
stabilization, treatment, separation, production processing,
storage, waste disposal, and measurement of hydrocarbon gas and
liquids, including related equipment and facilities;
(3) The processes and related equipment and facilities
associated with production compression, gas lift, gas injection,
fuel gas supply, well drilling, well stimulation, and well
completion activities, including dikes, pits, and earthen and
other impoundments used for the temporary storage of fluids and
waste substances associated with well drilling, well stimulation,
and well completion activities;
(4) Equipment and facilities at a wellpad or other location
that are used for the transportation, handling, recycling,
temporary storage, management, processing, or treatment of any
equipment, material, and by-products or other substances from an
operation at a wellpad that may be used or reused at the same or
another operation at a wellpad or that will be disposed of in
accordance with applicable laws and rules adopted under them.
(BB) "Annular overpressurization" means the accumulation of
fluids within an annulus with sufficient pressure to allow
migration of annular fluids into underground sources of drinking
water.
(CC) "Idle and orphaned well" means a well for which a bond
has been forfeited or an abandoned well for which no money is
available to plug the well in accordance with this chapter and
rules adopted under it.
(DD) "Temporarily inactive well" means a well that has been
granted temporary inactive status under section 1509.062 of the
Revised Code.
(EE) "Material and substantial violation" means any of the
following:
(1) Failure to obtain a permit to drill, reopen, convert,
plugback, or plug a well under this chapter;
(2) Failure to obtain, maintain, update, or submit proof of
insurance coverage that is required under this chapter;
(3) Failure to obtain, maintain, update, or submit proof of a
surety bond that is required under this chapter;
(4) Failure to plug an abandoned well or idle and orphaned
well unless the well has been granted temporary inactive status
under section 1509.062 of the Revised Code or the chief of the
division of oil and gas resources management has approved another
option concerning the abandoned well or idle and orphaned well;
(5) Failure to restore a disturbed land surface as required
by section 1509.072 of the Revised Code;
(6) Failure to reimburse the oil and gas well fund pursuant
to a final order issued under section 1509.071 of the Revised
Code;
(7) Failure to comply with a final nonappealable order of the
chief issued under section 1509.04 of the Revised Code;
(8) Failure to submit a report, test result, fee, or document
that is required in this chapter or rules adopted under it;
(9) Submission of information under this chapter or rules
adopted under it that is knowingly falsified.
(FF) "Severer" has the same meaning as in section 5749.01 of
the Revised Code.
(GG) "Horizontal well" means a well that is drilled for the
production of oil or gas in which the wellbore reaches a
horizontal or near horizontal position in the Point Pleasant,
Utica, or Marcellus formation and the well is stimulated.
(HH) "Well pad" means the area that is cleared or prepared
for the drilling of one or more horizontal wells.
Sec. 1509.051. (A) A person who intends to engage in an
activity regulated under this chapter or rules adopted under it
first shall register with the division of oil and gas resources
management on a form prescribed by the chief of the division of
oil and gas resources management prior to engaging in the
activity. The person shall disclose on the form all felony
convictions of or felony guilty pleas to any of the following that
have occurred within the previous three years from the date of
registration:
(1) Knowing violations of the "Federal Water Pollution
Control Act";
(2) Purposeful violations of Chapter 6111. Of the Revised
Code or rules adopted under it;
(3) Purposeful violations of any other state's laws that are
no more stringent than the "Federal Water Pollution Control Act."
If the person has been convicted of or pled guilty to such a
felony, the chief may request that the person submit additional
information concerning the felony conviction or felony guilty
plea. Such a request shall not extend to or require information
from any of the person's corporate parent entities.
After the chief has reviewed the information required to be
submitted under this division and any additional information
submitted by the person, the chief may deny the person's
registration by order. If the chief issues an order denying an
application based on the submission of information required under
this division, the person may appeal the order to the oil and gas
commission or the common pleas court in the county in which the
activity that is the subject of the order is located.
Notwithstanding any other provision of this chapter and rules
adopted under it, the chief shall not issue a permit, registration
certificate, or order authorizing an activity under this chapter
or rules adopted under it to a person whose registration was
denied.
(B) This section does not apply to any of the following:
(1) A person or direct corporate subsidiary of a person that
is registered with the division prior to the effective date of
this section;
(2) A person that, prior to the effective date of this
section, was issued a permit, registration certificate, or order
authorizing an activity under this chapter or rules adopted under
it;
(3) A person that, prior to the effective date of this
section, was operating as provided in section 1509.227 of the
Revised Code.
(C) A person whose registration was denied by an order of the
chief under this section may re-apply for a registration.
(D) As used in this section, "Federal Water Pollution Control
Act" has the same meaning as in section 6111.01 of the Revised
Code.
Sec. 1509.06. (A) An application for a permit to drill a new
well, drill an existing well deeper, reopen a well, convert a well
to any use other than its original purpose, or plug back a well to
a different source of supply, including associated production
operations, shall be filed with the chief of the division of oil
and gas resources management upon such form as the chief
prescribes and shall contain each of the following that is
applicable:
(1) The name and address of the owner and, if a corporation,
the name and address of the statutory agent;
(2) The signature of the owner or the owner's authorized
agent. When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as such agent.
(3) The names and addresses of all persons holding the
royalty interest in the tract upon which the well is located or is
to be drilled or within a proposed drilling unit;
(4) The location of the tract or drilling unit on which the
well is located or is to be drilled identified by section or lot
number, city, village, township, and county;
(5) Designation of the well by name and number;
(6)(a) The geological formation to be tested or used and the
proposed total depth of the well;
(b) If the well is for the injection of a liquid, identity of
the geological formation to be used as the injection zone and the
composition of the liquid to be injected.
(7) The type of drilling equipment to be used;
(8)(a) An identification, to the best of the owner's
knowledge, of each proposed source of ground water and surface
water that will be used in the production operations of the well.
The identification of each proposed source of water shall indicate
if the water will be withdrawn from the Lake Erie watershed or the
Ohio river watershed. In addition, the owner shall provide, to the
best of the owner's knowledge, the proposed estimated rate and
volume of the water withdrawal for the production operations. If
recycled water will be used in the production operations, the
owner shall provide the estimated volume of recycled water to be
used. The owner shall submit to the chief an update of any of the
information that is required by division (A)(8)(a) of this section
if any of that information changes before the chief issues a
permit for the application.
(b) Except as provided in division (A)(8)(c) of this section,
for an application for a permit to drill a new well within an
urbanized area, the results of sampling of water wells within
three hundred feet of the proposed well prior to commencement of
drilling. In addition, the owner shall include a list that
identifies the location of each water well where the owner of the
property on which the water well is located denied the owner
access to sample the water well. The sampling shall be conducted
in accordance with the guidelines established in "Best Management
Practices For Pre-drilling Water Sampling" in effect at the time
that the application is submitted. The division shall furnish
those guidelines upon request and shall make them available on the
division's web site. If the chief determines that conditions at
the proposed well site warrant a revision, the chief may revise
the distance established in this division for purposes of
pre-drilling water sampling.
(c) For an application for a permit to drill a new horizontal
well, the results of sampling of water wells within one thousand
five hundred feet of the proposed horizontal wellhead prior to
commencement of drilling. In addition, the owner shall include a
list that identifies the location of each water well where the
owner of the property on which the water well is located denied
the owner access to sample the water well. The sampling shall be
conducted in accordance with the guidelines established in "Best
Management Practices For Pre-drilling Water Sampling" in effect at
the time that the application is submitted. The division shall
furnish those guidelines upon request and shall make them
available on the division's web site. If the chief determines that
conditions at the proposed well site warrant a revision, the chief
may revise the distance established in this division for purposes
of pre-drilling water sampling.
(9) For an application for a permit to drill a new well
within an urbanized area, a sworn statement that the applicant has
provided notice by regular mail of the application to the owner of
each parcel of real property that is located within five hundred
feet of the surface location of the well and to the executive
authority of the municipal corporation or the board of township
trustees of the township, as applicable, in which the well is to
be located. In addition, the notice shall contain a statement that
informs an owner of real property who is required to receive the
notice under division (A)(9) of this section that within five days
of receipt of the notice, the owner is required to provide notice
under section 1509.60 of the Revised Code to each residence in an
occupied dwelling that is located on the owner's parcel of real
property. The notice shall contain a statement that an application
has been filed with the division of oil and gas resources
management, identify the name of the applicant and the proposed
well location, include the name and address of the division, and
contain a statement that comments regarding the application may be
sent to the division. The notice may be provided by hand delivery
or regular mail. The identity of the owners of parcels of real
property shall be determined using the tax records of the
municipal corporation or county in which a parcel of real property
is located as of the date of the notice.
(10) A plan for restoration of the land surface disturbed by
drilling operations. The plan shall provide for compliance with
the restoration requirements of division (A) of section 1509.072
of the Revised Code and any rules adopted by the chief pertaining
to that restoration.
(11)(a) A description by name or number of the county,
township, and municipal corporation roads, streets, and highways
that the applicant anticipates will be used for access to and
egress from the well site;
(b) For an application for a permit for a horizontal well, a
copy of an agreement concerning maintenance and safe use of the
roads, streets, and highways described in division (A)(11)(a) of
this section entered into on reasonable terms with the public
official that has the legal authority to enter into such
maintenance and use agreements for each county, township, and
municipal corporation, as applicable, in which any such road,
street, or highway is located or an affidavit on a form prescribed
by the chief attesting that the owner attempted in good faith to
enter into an agreement under division (A)(11)(b) of this section
with the applicable public official of each such county, township,
or municipal corporation, but that no agreement was executed.
(12) Such other relevant information as the chief prescribes
by rule.
Each application shall be accompanied by a map, on a scale
not smaller than four hundred feet to the inch, prepared by an
Ohio registered surveyor, showing the location of the well and
containing such other data as may be prescribed by the chief. If
the well is or is to be located within the excavations and
workings of a mine, the map also shall include the location of the
mine, the name of the mine, and the name of the person operating
the mine.
(B) The chief shall cause a copy of the weekly circular
prepared by the division to be provided to the county engineer of
each county that contains active or proposed drilling activity.
The weekly circular shall contain, in the manner prescribed by the
chief, the names of all applicants for permits, the location of
each well or proposed well, the information required by division
(A)(11) of this section, and any additional information the chief
prescribes. In addition, the chief promptly shall transfer an
electronic copy or facsimile, or if those methods are not
available to a municipal corporation or township, a copy via
regular mail, of a drilling permit application to the clerk of the
legislative authority of the municipal corporation or to the clerk
of the township in which the well or proposed well is or is to be
located if the legislative authority of the municipal corporation
or the board of township trustees has asked to receive copies of
such applications and the appropriate clerk has provided the chief
an accurate, current electronic mailing address or facsimile
number, as applicable.
(C)(1) Except as provided in division (C)(2) of this section,
the chief shall not issue a permit for at least ten days after the
date of filing of the application for the permit unless, upon
reasonable cause shown, the chief waives that period or a request
for expedited review is filed under this section. However, the
chief shall issue a permit within twenty-one days of the filing of
the application unless the chief denies the application by order.
(2) If the location of a well or proposed well will be or is
within an urbanized area, the chief shall not issue a permit for
at least eighteen days after the date of filing of the application
for the permit unless, upon reasonable cause shown, the chief
waives that period or the chief at the chief's discretion grants a
request for an expedited review. However, the chief shall issue a
permit for a well or proposed well within an urbanized area within
thirty days of the filing of the application unless the chief
denies the application by order.
(D) An applicant may file a request with the chief for
expedited review of a permit application if the well is not or is
not to be located in a gas storage reservoir or reservoir
protective area, as "reservoir protective area" is defined in
section 1571.01 of the Revised Code. If the well is or is to be
located in a coal bearing township, the application shall be
accompanied by the affidavit of the landowner prescribed in
section 1509.08 of the Revised Code.
In addition to a complete application for a permit that meets
the requirements of this section and the permit fee prescribed by
this section, a request for expedited review shall be accompanied
by a separate nonrefundable filing fee of two hundred fifty
dollars. Upon the filing of a request for expedited review, the
chief shall cause the county engineer of the county in which the
well is or is to be located to be notified of the filing of the
permit application and the request for expedited review by
telephone or other means that in the judgment of the chief will
provide timely notice of the application and request. The chief
shall issue a permit within seven days of the filing of the
request unless the chief denies the application by order.
Notwithstanding the provisions of this section governing expedited
review of permit applications, the chief may refuse to accept
requests for expedited review if, in the chief's judgment, the
acceptance of the requests would prevent the issuance, within
twenty-one days of their filing, of permits for which applications
are pending.
(E) A well shall be drilled and operated in accordance with
the plans, sworn statements, and other information submitted in
the approved application.
(F) The chief shall issue an order denying a permit if the
chief finds that there is a substantial risk that the operation
will result in violations of this chapter or rules adopted under
it that will present an imminent danger to public health or safety
or damage to the environment, provided that where the chief finds
that terms or conditions to the permit can reasonably be expected
to prevent such violations, the chief shall issue the permit
subject to those terms or conditions, including, if applicable,
terms and conditions regarding subjects identified in rules
adopted under section 1509.03 of the Revised Code. The issuance of
a permit shall not be considered an order of the chief.
The chief shall post notice of each permit that has been
approved under this section on the division's web site not later
than two business days after the application for a permit has been
approved.
(G) Each application for a permit required by section 1509.05
of the Revised Code, except an application to plug back an
existing well that is required by that section and an application
for a well drilled or reopened for purposes of section 1509.22 of
the Revised Code, also shall be accompanied by a nonrefundable fee
as follows:
(1) Five hundred dollars for a permit to conduct activities
in a township with a population of fewer than ten thousand;
(2) Seven hundred fifty dollars for a permit to conduct
activities in a township with a population of ten thousand or
more, but fewer than fifteen thousand;
(3) One thousand dollars for a permit to conduct activities
in either of the following:
(a) A township with a population of fifteen thousand or more;
(b) A municipal corporation regardless of population.
(4) If the application is for a permit that requires
mandatory pooling, an additional five thousand dollars.
For purposes of calculating fee amounts, populations shall be
determined using the most recent federal decennial census.
Each application for the revision or reissuance of a permit
shall be accompanied by a nonrefundable fee of two hundred fifty
dollars.
(H)(1) Prior to the commencement of well pad construction and
prior to the issuance of a permit to drill a proposed horizontal
well or a proposed well that is to be located in an urbanized
area, the division shall conduct a site review to identify and
evaluate any site-specific terms and conditions that may be
attached to the permit. At the site review, a representative of
the division shall consider fencing, screening, and landscaping
requirements, if any, for similar structures in the community in
which the well is proposed to be located. The terms and conditions
that are attached to the permit shall include the establishment of
fencing, screening, and landscaping requirements for the surface
facilities of the proposed well, including a tank battery of the
well.
(2) Prior to the issuance of a permit to drill a proposed
well, the division shall conduct a review to identify and evaluate
any site-specific terms and conditions that may be attached to the
permit if the proposed well will be located in a one-hundred-year
floodplain or within the five-year time of travel associated with
a public drinking water supply.
(I) A permit shall be issued by the chief in accordance with
this chapter. A permit issued under this section for a well that
is or is to be located in an urbanized area shall be valid for
twelve months, and all other permits issued under this section
shall be valid for twenty-four months.
(J) An applicant or a permittee, as applicable, shall submit
to the chief an update of the information that is required under
division (A)(8)(a) of this section if any of that information
changes prior to commencement of production operations.
(K) A permittee or a permittee's authorized representative
shall notify an inspector from the division at least twenty-four
hours, or another time period agreed to by the chief's authorized
representative, prior to the commencement of well pad construction
and of drilling, reopening, converting, well stimulation, or
plugback operations.
Sec. 1509.07. (A)(1) Except as provided in division (A)(2)
of this section, an owner of any well, except an exempt
Mississippian well or an exempt domestic well, shall obtain
liability insurance coverage from a company authorized to do
business in this state in an amount of not less than one million
dollars bodily injury coverage and property damage coverage to pay
damages for injury to persons or damage to property caused by the
drilling, operation, or plugging of all the owner's wells in this
state. However, if any well is located within an urbanized area,
the owner shall obtain liability insurance coverage in an amount
of not less than three million dollars for bodily injury coverage
and property damage coverage to pay damages for injury to persons
or damage to property caused by the drilling, operation, or
plugging of all of the owner's wells in this state.
(2) An owner of a horizontal well shall obtain liability
insurance coverage from an insurer authorized to write such
insurance in this state or from an insurer approved to write such
insurance in this state under section 3905.33 of the Revised Code
in an amount of not less than five million dollars bodily injury
coverage and property damage coverage to pay damages for injury to
persons or damage to property caused by the production operations
of all the owner's wells in this state. The insurance policy shall
include a reasonable level of coverage available for an
environmental endorsement.
(3) An owner shall maintain the coverage required under
division (A)(1) or (2) of this section until all the owner's wells
are plugged and abandoned or are transferred to an owner who has
obtained insurance as required under this section and who is not
under a notice of material and substantial violation or under a
suspension order. The owner shall provide proof of liability
insurance coverage to the chief of the division of oil and gas
resources management upon request. Upon failure of the owner to
provide that proof when requested, the chief may order the
suspension of any outstanding permits and operations of the owner
until the owner provides proof of the required insurance coverage.
(4) This section does not apply to a person using
self-insurance, but a person acting in the capacity of a
self-insurer shall file with the chief, on a form prescribed and
furnished by the chief, a certification of self-insurance stating
the amount of coverage for which financial responsibility is being
established by self-insurance, the effective dates of coverage,
and the full legal name and contact information of the entity
providing evidence of self-insurance if different from that of the
applicant. A person acting in the capacity of a self-insurer also
shall notify the chief if the person is no longer able to maintain
evidence of financial responsibility in the form of self-insurance
in the amount certified.
(B)(1) Except as otherwise provided in this section, an owner
of any well, before being issued a permit under section 1509.06 of
the Revised Code or before operating or producing from a well,
shall execute and file with the division of oil and gas resources
management a surety bond conditioned on compliance with the
restoration requirements of section 1509.072, the plugging
requirements of section 1509.12, the permit provisions of section
1509.13 of the Revised Code, and all rules and orders of the chief
relating thereto, in an amount set by rule of the chief.
(2) The owner may deposit with the chief, instead of a surety
bond, cash in an amount equal to the surety bond as prescribed
pursuant to this section or negotiable certificates of deposit or
irrevocable letters of credit, issued by any bank organized or
transacting business in this state or by any savings and loan
association as defined in section 1151.01 of the Revised Code,
having a cash value equal to or greater than the amount of the
surety bond as prescribed pursuant to this section. Cash or
certificates of deposit shall be deposited upon the same terms as
those upon which surety bonds may be deposited. If certificates of
deposit are deposited with the chief instead of a surety bond, the
chief shall require the bank or savings and loan association that
issued any such certificate to pledge securities of a cash value
equal to the amount of the certificate that is in excess of the
amount insured by any of the agencies and instrumentalities
created under the "Federal Deposit Insurance Act," 64 Stat. 873
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under
it, including at least the federal deposit insurance corporation,
bank insurance fund, and savings association insurance fund. The
securities shall be security for the repayment of the certificate
of deposit.
Immediately upon a deposit of cash, certificates of deposit,
or letters of credit with the chief, the chief shall deliver them
to the treasurer of state who shall hold them in trust for the
purposes for which they have been deposited.
(3) Instead of a surety bond, the chief may accept proof of
financial responsibility consisting of a sworn financial statement
showing a net financial worth within this state equal to twice the
amount of the bond for which it substitutes and, as may be
required by the chief, a list of producing properties of the owner
within this state or other evidence showing ability and intent to
comply with the law and rules concerning restoration and plugging
that may be required by rule of the chief. The owner of an exempt
Mississippian well is not required to file scheduled updates of
the financial documents, but shall file updates of those documents
if requested to do so by the chief. The owner of a nonexempt
Mississippian well shall file updates of the financial documents
in accordance with a schedule established by rule of the chief.
The chief, upon determining that an owner for whom the chief has
accepted proof of financial responsibility instead of bond cannot
demonstrate financial responsibility, shall order that the owner
execute and file a bond or deposit cash, certificates of deposit,
or irrevocable letters of credit as required by this section for
the wells specified in the order within ten days of receipt of the
order. If the order is not complied with, all wells of the owner
that are specified in the order and for which no bond is filed or
cash, certificates of deposit, or letters of credit are deposited
shall be plugged. No owner shall fail or refuse to plug such a
well. Each day on which such a well remains unplugged thereafter
constitutes a separate offense.
(4) The surety bond provided for in this section shall be
executed by a surety company authorized to do business in this
state.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the principal's or surety's attorney in fact, with a
certified copy of the power of attorney attached thereto. The
chief shall not approve a bond unless there is attached a
certificate of the superintendent of insurance that the company is
authorized to transact a fidelity and surety business in this
state.
All bonds shall be given in a form to be prescribed by the
chief and shall run to the state as obligee.
(5) An owner of an exempt Mississippian well or an exempt
domestic well, in lieu of filing a surety bond, cash in an amount
equal to the surety bond, certificates of deposit, irrevocable
letters of credit, or a sworn financial statement, may file a
one-time fee of fifty dollars, which shall be deposited in the oil
and gas well plugging fund created in section 1509.071 of the
Revised Code.
(C) An owner, operator, producer, or other person shall not
operate a well or produce from a well at any time if the owner,
operator, producer, or other person has not satisfied the
requirements established in this section.
Sec. 1509.11. (A)(1) The owner of any well, except a
horizontal well, that is producing or capable of producing oil or
gas shall file with the chief of the division of oil and gas
resources management, on or before the thirty-first day of March,
a statement of production of oil, gas, and brine for the last
preceding calendar year in such form as the chief may prescribe.
An owner that has more than one hundred such wells in this state
shall submit electronically the statement of production in a
format that is approved by the chief. The chief shall include on
the form, at the minimum, a request for the submittal of the
information that a person who is regulated under this chapter is
required to submit under the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and
regulations adopted under it, and that the division of oil and gas
resources management does not obtain through other reporting
mechanisms.
(2) The owner of any horizontal well that is producing or
capable of producing oil or gas shall file with the chief, on the
forty-fifth day following the close of each calendar quarter, a
statement of production of oil, gas, and brine for the preceding
calendar quarter in a form that the chief prescribes. An owner
that has more than one hundred horizontal wells in this state
shall submit electronically the statement of production in a
format that is approved by the chief. The chief shall include on
the form, at a minimum, a request for the submittal of the
information that a person who is regulated under this chapter is
required to submit under the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and
regulations adopted under it, and that the division does not
obtain through other reporting mechanisms.
(B) The chief shall not disclose information received from
the department of taxation under division (C)(12) of section
5703.21 of the Revised Code until the related statement of
production required by division (A) of this section is filed with
the chief.
Sec. 1509.16. (A) As used in this section, "oil country
tubular goods" means circular steel pipes that are seamless or
welded and used in drilling for oil or natural gas, including
casing, tubing, and drill pipe, whether finished or unfinished,
and steel couplings and drill collars used with the pipes.
(B) Beginning March 31, 2015 2017, an owner shall file with
the division of oil and gas resources management a disclosure form
that specifies the country in which each oil country tubular good
initially used in a production operation on or after that date was
manufactured unless that country cannot be determined by the
owner. The division shall prescribe the disclosure form and
consult with representatives from the natural gas, oil, and steel
industries when developing the form. The division shall use the
information specified on the form to establish a quality well
infrastructure catalog.
(C) The division shall determine the date on which the
disclosure form shall be filed.
Sec. 1509.211. (A)(1) Except as otherwise provided in this
section, no person shall store, recycle, treat, or process brine
or other waste substances pursuant to a permit or order issued
under division (B)(2)(a) of section 1509.22 of the Revised Code if
the person has not satisfied the financial assurance requirements
established in this section.
(2) This section does not apply to either of the following:
(a) An owner conducting production operations on a well pad
or well site pursuant to a permit issued under section 1509.06 of
the Revised Code for which the owner has satisfied the insurance
and bonding requirements established in section 1509.07 of the
Revised Code;
(b) An owner that is storing, recycling, treating, or
processing brine or other waste substances on a well pad or well
site for which the owner has satisfied the insurance and bonding
requirements established in section 1509.07 of the Revised Code.
(B)(1) An applicant for a permit or order under division
(B)(2)(a) of section 1509.22 of the Revised Code or rules adopted
under it shall execute and file with the chief of the division of
oil and gas resources management, on a form prescribed and
furnished by the chief, a surety bond or other form of financial
assurance that is authorized under division (B)(2) of this
section. The surety bond shall be payable to the state as obligee
and conditioned on the performance of all the requirements
established by this chapter and rules adopted under it. The surety
bond shall be in an amount established in rules adopted by the
chief in accordance with Chapter 119. of the Revised Code.
However, the amount shall not exceed two hundred fifty thousand
dollars.
The surety bond shall be executed by a surety company
authorized to do business in this state. The chief shall not
accept any bond until the bond is personally signed and
acknowledged by both principal and surety, or as to either by the
principal's or surety's attorney in fact, with a certified copy of
the power of attorney attached to it. The chief shall not accept a
bond unless there is attached a certificate of the director of
insurance that the company is authorized to transact a fidelity
and surety business in this state.
(2) In lieu of a surety bond, an applicant may deposit with
the chief cash in an amount equal to the amount of the surety bond
established in rules adopted under this section or negotiable
certificates of deposit or irrevocable letters of credit, issued
by any bank organized or transacting business in this state or by
any savings and loan association as defined in section 1151.01 of
the Revised Code, having a cash value equal to or greater than the
amount of the surety bond established in rules adopted under this
section. Cash or certificates of deposit shall be deposited on the
same terms as those on which surety bonds shall be deposited. If
certificates of deposit are deposited with the chief instead of a
surety bond, the chief shall require the bank or the savings and
loan association that issued the certificates to pledge securities
of a cash value equal to the amount of the certificate that is in
excess of the amount insured by any of the agencies and
instrumentalities created under the "Federal Deposit Insurance
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and
regulations adopted under it, including at least the federal
deposit insurance corporation, bank insurance fund, and savings
association insurance fund. Immediately upon a deposit of cash,
certificates of deposit, or letters of credit with the chief, the
chief shall deliver them to the treasurer of state who shall hold
them in trust for the purposes for which they have been deposited.
(C) The surety bond or other financial assurance required by
this section shall be maintained until the person complies with
rules adopted under section 1509.22 of the Revised Code for the
closure of a location for which a permit or order was issued under
division (B)(2)(a) of section 1509.22 of the Revised Code. If
rules are not adopted under that section for the closure of a
location for which a permit or order was issued to store, recycle,
treat, or process brine or other waste substances, the person
shall maintain the surety bond or other financial assurance until
the chief inspects the location for which a permit or order was
issued to store, recycle, treat, or process brine or other waste
substances and issues a written approval of closure for the
location.
(D)(1) When the chief finds that a person who has been issued
a permit or order under division (B)(2)(a) of section 1509.22 of
the Revised Code has failed to comply with a final nonappealable
order issued or a compliance agreement entered into under section
1509.04 of the Revised Code, rules adopted under division (C) of
section 1509.22 of the Revised Code, or an order relating thereto,
the chief shall make a finding of that fact and may issue a bond
forfeiture order to the person. The bond forfeiture order shall
include provisions that do all of the following:
(a) Specify the violation giving rise to the order;
(b) Declare that the entire amount of the bond or other form
of financial assurance is forfeited;
(c) If the bond filed with the division is supported by or in
the form of cash or negotiable certificates of deposit, declare
the cash or certificates property of the state.
(2) The chief shall certify the total forfeiture to the
attorney general, and the attorney general shall proceed to
collect the amount of the forfeiture.
(E) All money collected because of the forfeiture of a bond
or other financial assurance as provided in this section shall be
deposited in the state treasury to the credit of the oil and gas
well fund created in section 1509.02 of the Revised Code and shall
be used to restore the location for which the bond or other
financial assurance was provided to the condition that existed
prior to the issuance of the permit or order under division
(B)(2)(a) of section 1509.22 of the Revised Code.
(F)(1) A person that submits an application for a permit or
order to store, recycle, treat, or process brine or other waste
substances under division (B)(2)(a) of section 1509.22 of the
Revised Code or rules adopted under it shall obtain liability
insurance coverage from a company authorized to do business in
this state in an amount established in rules adopted by the chief.
The amount of the liability insurance shall not exceed four
million dollars. The liability insurance shall provide coverage to
pay damages for injury to persons or damage to property caused by
the location for which the permit or order was issued.
(2) Division (F)(1) of this section does not apply to a
person using self-insurance, but a person acting in the capacity
of a self-insurer shall file with the chief, on a form prescribed
and furnished by the chief, a certification of self-insurance
stating the amount of coverage for which financial responsibility
is being established by self-insurance, the effective dates of
coverage, and the full legal name and contact information of the
entity providing evidence of self-insurance if different from that
of the applicant. A person acting in the capacity of a
self-insurer also shall notify the chief if the person is no
longer able to maintain evidence of financial responsibility in
the form of self-insurance in the amount certified.
(G) The chief may adopt rules in accordance with Chapter 119.
of the Revised Code establishing requirements and procedures
concerning the financial assurance and insurance requirements
established in this section.
Sec. 1509.222. (A)(1) Except as provided in section 1509.226
of the Revised Code, no person shall transport brine by vehicle in
this state unless the business entity that employs the person
first registers with and obtains a registration certificate and
identification number from the chief of the division of oil and
gas resources management.
(2) No more than one registration certificate shall be
required of any business entity. Registration certificates issued
under this section are not transferable. An applicant shall file
an application with the chief, containing such information in such
form as the chief prescribes. The application shall include at
least all of the following:
(a) A list that identifies each pipeline, vehicle, vessel,
railcar, and container that will be used in the transportation of
brine;
(b) A plan for disposal that provides for compliance with the
requirements of this chapter and rules of the chief pertaining to
the transportation of brine by vehicle and the disposal of brine
so transported and that lists all disposal sites that the
applicant intends to use;
(c) The bond required by section 1509.225 of the Revised
Code;
(d) A certificate issued by an insurance company authorized
to do business in this state certifying that the applicant has in
force a liability insurance policy in an amount not less than
three hundred thousand dollars bodily injury coverage and three
hundred thousand dollars property damage coverage to pay damages
for injury to persons or property caused by the collecting,
handling, transportation, or disposal of brine.
The insurance policy required by division (A)(2)(d) of this
section shall be maintained in effect during the term of the
registration certificate. The policy or policies providing the
coverage shall require the insurance company to give notice to the
chief if the policy or policies lapse for any reason. Upon such
termination of the policy, the chief may suspend the registration
certificate until proper insurance coverage is obtained.
(3) Each application for a registration certificate shall be
accompanied by a nonrefundable fee of five hundred dollars.
(4) If a business entity that has been issued a registration
certificate under this section changes its name due to a business
reorganization or merger, the business entity shall revise the
bond or certificates of deposit required by section 1509.225 of
the Revised Code and obtain a new certificate from an insurance
company in accordance with division (A)(2)(e)(d) of this section
to reflect the change in the name of the business entity.
(B) The chief shall issue an order denying an application for
a registration certificate if the chief finds that either of the
following applies:
(1) The applicant, at the time of applying for the
registration certificate, has been found liable by a final
nonappealable order of a court of competent jurisdiction for
damage to streets, roads, highways, bridges, culverts, or
drainways pursuant to section 4513.34 or 5577.12 of the Revised
Code until the applicant provides the chief with evidence of
compliance with the order.
(2) The applicant's plan for disposal does not provide for
compliance with the requirements of this chapter and rules of the
chief pertaining to the transportation of brine by vehicle and the
disposal of brine so transported.
(C) No applicant shall attempt to circumvent division (B) of
this section by applying for a registration certificate under a
different name or business organization name, by transferring
responsibility to another person or entity, or by any similar act.
(D) A registered transporter shall not allow any other person
to use the transporter's registration certificate to transport
brine.
(E) A registered transporter shall apply to revise a disposal
plan under procedures that the chief shall prescribe by rule.
However, at a minimum, an application for a revision shall list
all sources and disposal sites of brine currently transported. The
chief shall deny any application for a revision of a plan under
this division if the chief finds that the proposed revised plan
does not provide for compliance with the requirements of this
chapter and rules of the chief pertaining to the transportation of
brine by vehicle and the disposal of brine so transported.
Approvals and denials of revisions shall be by order of the chief.
(E)(F) The chief may adopt rules, issue orders, and attach
terms and conditions to registration certificates as may be
necessary to administer, implement, and enforce sections 1509.222
to 1509.226 of the Revised Code for protection of public health or
safety or conservation of natural resources.
(G) As used in this section:
(1) "Transport brine" does not include the movement of brine
within a facility approved, permitted, or registered under this
chapter;
(2) "Pipeline" does not include piping or other appurtenances
associated with processing activity at a facility approved,
permitted, or registered under this chapter.
Sec. 1509.223. (A)(1) No permit holder or owner of a well
shall enter into an agreement with or permit any person to
transport brine produced from the well who is not registered
pursuant to section 1509.222 of the Revised Code or exempt from
registration under section 1509.226 of the Revised Code.
(2) No permit holder or owner of a well for which a permit
has been issued under division (D) of section 1509.22 of the
Revised Code shall enter into an agreement with or permit any
person who is not registered pursuant to section 1509.222 of the
Revised Code to dispose of brine at the well.
(B) Each registered transporter shall file with the chief of
the division of oil and gas resources management, on or before the
fifteenth day of April, a statement concerning brine transported,
including quantities transported and source and delivery points,
during the last preceding calendar year, and such other
information in such form as the chief may prescribe.
(C) Each registered transporter shall keep on each vehicle,
vessel, railcar, and container used to transport brine a daily log
and have it available upon the request of the chief or, an
authorized representative of the chief, or a peace officer. In
addition, each registered transporter shall keep a daily log for
each pipeline used to transport brine and have it available upon
the request of the chief, an authorized representative of the
chief, or a peace officer. The log shall, at a minimum, include
all of the following information:
(1) The name of the owner or owners of the well or wells
producing the brine to be transported;
(2) The date and time the brine is loaded or transported
through a pipeline, as applicable;
(3) The name of the driver, if applicable;
(4) The amount of brine loaded at each collection point or
the amount of brine transported through a pipeline, as applicable;
(5) The disposal location;
(6) The date and time the brine is disposed of and the amount
of brine disposed of at each location.
The chief, by rule, may establish procedures for the
electronic submission to the chief of the information that is
required to be included in the a daily log. No registered
transporter shall falsify or fail to keep or submit the a log
required by this division.
(D) Each registered transporter shall legibly identify with
reflective paints all vehicles, vessels, railcars, and containers
employed in transporting or disposing of brine. Letters shall be
no less than four inches in height and shall indicate the
identification number issued by the chief, the word "brine," and
the name and telephone number of the transporter.
Each registered transporter shall legibly identify each
pipeline employed in transporting or disposing of brine on the
surface of the ground in a manner similar to the identification of
underground gas lines. The identification shall include the
identification number issued by the chief, the word "brine," and
the name and telephone number of the transporter.
(E) The chief shall maintain and keep a current list of
persons registered to transport brine under section 1509.222 of
the Revised Code. The list shall be open to public inspection. It
is an affirmative defense to a charge under division (A) of this
section that at the time the permit holder or owner of a well
entered into an agreement with or permitted a person to transport
or dispose of brine, the person was shown on the list as currently
registered to transport brine.
Sec. 1509.23. (A) Rules of the chief of the division of oil
and gas resources management may specify practices to be followed
in the drilling and treatment of wells, production of oil and gas,
and plugging of wells for protection of public health or safety or
to prevent damage to natural resources, including specification of
the following:
(1)(A) Appropriate devices;
(2)(B) Minimum distances that wells and other excavations,
structures, and equipment shall be located from water wells,
streets, roads, highways, rivers, lakes, streams, ponds, other
bodies of water, railroad tracks, public or private recreational
areas, zoning districts, and buildings or other structures. Rules
adopted under this division (A)(2) of this section shall not
conflict with section 1509.021 of the Revised Code.
(3)(C) Other methods of operation;
(4)(D) Procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of
oil and brine from oil production facilities and oil drilling and
workover facilities consistent with and equivalent in scope,
content, and coverage to section 311(j)(1)(c) of the "Federal
Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33
U.S.C.A. 1251, as amended, and regulations adopted under it. In
addition, the rules may specify procedures, methods, and equipment
and other requirements for equipment to prevent and contain
surface and subsurface discharges of fluids, condensates, and
gases.
(6)(F) Requirements governing the location and construction
of fresh water impoundments that are part of a production
operation.
(B) The chief, in consultation with the emergency response
commission created in section 3750.02 of the Revised Code, shall
adopt rules in accordance with Chapter 119. of the Revised Code
that specify the information that shall be included in an
electronic database that the chief shall create and host. The
information shall be that which the chief considers to be
appropriate for the purpose of responding to emergency situations
that pose a threat to public health or safety or the environment.
At the minimum, the information shall include that which a person
who is regulated under this chapter is required to submit under
the "Emergency Planning and Community Right-To-Know Act of 1986,"
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under
it.
In addition, the rules shall specify whether and to what
extent the database and the information that it contains will be
made accessible to the public. The rules shall ensure that the
database will be made available via the internet or a system of
computer disks to the emergency response commission and to every
local emergency planning committee and fire department in this
state.
Sec. 1509.231. (A) A person that is regulated under this
chapter and rules adopted under it and that is required to submit
information under the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11022, and
regulations adopted under it shall submit the information to the
chief of the division of oil and gas resources management on or
before the first day of March of each calendar year. The person
shall submit the information in accordance with rules adopted
under division (B) of this section.
(B) The chief, in consultation with the emergency response
commission created in section 3750.02 of the Revised Code, shall
adopt rules in accordance with Chapter 119. of the Revised Code
that specify the information that shall be included in an
electronic database that the chief shall create and host. The
information shall be information that the chief considers to be
appropriate for the purpose of responding to emergency situations
that pose a threat to public health or safety or the environment.
The rules shall require that the information be consistent with
the information that a person that is regulated under this chapter
is required to submit under the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11022, and
regulations adopted under it.
In addition, the rules shall do all of the following:
(1) Specify whether and to what extent the database and the
information that it contains will be made accessible to the
public;
(2) Ensure that the information submitted for the database
will be made immediately available to the emergency response
commission, the local emergency planning committee of the
emergency planning district in which a facility is located, and
the fire department having jurisdiction over a facility;
(3) Ensure that the information submitted for the database
includes the information required to be reported under section
3750.08 of the Revised Code and rules adopted under section
3750.02 of the Revised Code.
(C) As used in this section, "emergency planning district,"
"facility," and "fire department" have the same meanings as in
section 3750.01 of the Revised Code.
Sec. 1509.27. If a tract of land is or tracts are of
insufficient size or shape to meet the requirements for drilling a
proposed well, including a proposed horizontal well, thereon as
provided in section 1509.24 or 1509.25 of the Revised Code,
whichever is applicable, and the an owner of the tract who also is
the owner of the mineral interest has been unable to form a
drilling unit under agreement as provided in section 1509.26 of
the Revised Code, on a just and equitable basis, such an the owner
may make application to the division of oil and gas resources
management for a mandatory pooling order.
The application shall include information as shall be
reasonably required by the chief of the division of oil and gas
resources management and shall be accompanied by an application
for a permit as required by section 1509.05 of the Revised Code.
The chief shall notify all mineral rights owners of land within
the area tracts proposed to be pooled by an order and included
within the drilling unit of the filing of the application and of
their right to a hearing. After Not later than thirty days after
the hearing or after the expiration of thirty days from the date
notice of application was mailed to such owners, the chief, if
satisfied that the application is proper in form and that
mandatory pooling is necessary to protect correlative rights and
to provide effective development, use, and conservation of oil and
gas, shall issue a drilling permit and a mandatory pooling order
complying with the requirements for drilling a well as provided in
section 1509.24 or 1509.25 of the Revised Code, whichever is
applicable. The mandatory pooling order shall:
(A) Designate the boundaries of the drilling unit within
which the well shall be drilled;
(B) Designate the proposed production site;
(C) Describe each separately owned tract or part thereof
pooled by the order;
(D) Allocate on a surface acreage basis a pro rata portion of
the production to the owner of each tract pooled by the order. The
pro rata portion shall be in the same proportion that the
percentage of the owner's tract's acreage is to the state minimum
acreage requirements established in rules adopted under this
chapter for a drilling unit unless the applicant demonstrates to
the chief using geological evidence that the geologic structure
containing the oil or gas is larger than the minimum acreage
requirement in which case the pro rata portion shall be in the
same proportion that the percentage of the owner's tract's acreage
is to the geologic structure.
(E) Specify the basis upon which each mineral rights owner of
a tract pooled by the order shall share all reasonable costs and
expenses of drilling and producing if the mineral rights owner
elects to participate in the drilling and operation of the well;
(F) Designate the person to whom the permit shall be issued.
A person shall not submit more than five ten applications for
mandatory pooling orders per year under this section unless
otherwise approved by the chief.
No surface operations or disturbances to the surface of the
land shall occur on a tract pooled by an order without the written
consent of or a written agreement with the surface rights owner of
the tract that approves the operations or disturbances.
Notwithstanding divisions (A) to (H) of section 1509.73 of
the Revised Code and rules adopted under it, the chief shall issue
an order for mandatory pooling that encompasses a tract for which
all of the mineral rights for oil or gas are owned by the
department of transportation.
If an a mineral rights owner of a tract pooled by the order
does not elect to participate in the risk and cost of the drilling
and operation of a well, the mineral rights owner shall be
designated as a nonparticipating owner in the drilling and
operation of the well on a limited or carried basis and is subject
to terms and conditions determined by the chief to be just and
reasonable. In addition, if an a mineral rights owner is
designated as a nonparticipating owner, the mineral rights owner
is not liable for actions or conditions associated with the
drilling or operation of the well. If the applicant bears the
costs of drilling, equipping, and operating a well for the benefit
of a nonparticipating owner, as provided for in the pooling order,
then the applicant shall be entitled to the share of production
from the drilling unit accruing to the interest of that
nonparticipating owner, exclusive of the nonparticipating owner's
proportionate share of the royalty interest until there has been
received the share of costs charged to that nonparticipating owner
plus such additional percentage of the share of costs as the chief
shall determine. The total amount receivable hereunder shall in no
event exceed two hundred per cent of the share of costs charged to
that nonparticipating owner. After receipt of that share of costs
by such an applicant, a nonparticipating owner shall receive a
proportionate share of the working interest in the well in
addition to a proportionate share of the royalty interest, if any.
If there is a dispute as to costs of drilling, equipping, or
operating a well, the chief shall determine those costs.
Sec. 1509.28. (A) The chief of the division of oil and gas
resources management, upon the chief's own motion or upon
application by the owners of sixty-five per cent of the land area
overlying the pool, shall hold a hearing not later than forty-five
days after the chief's motion or receipt of an application to
consider the need for the operation as a unit of an entire pool or
part thereof. An application by owners shall be accompanied by a
nonrefundable fee of ten thousand dollars and by such information
as the chief may request.
The chief shall make an order providing for the unit
operation of a pool or part thereof not later than thirty days
after the date of the hearing if the chief finds that such
operation is reasonably necessary to increase substantially the
ultimate recovery of oil and gas, and the value of the estimated
additional recovery of oil or gas exceeds the estimated additional
cost incident to conducting the operation. The order shall be upon
terms and conditions that are just and reasonable and shall
prescribe a plan for unit operations that shall include:
(1) A description of the unitized area, termed the unit area;
(2) A statement of the nature of the operations contemplated;
(3) An allocation to the separately owned tracts in the unit
area of all the oil and gas that is produced from the unit area
and is saved, being the production that is not used in the conduct
of operations on the unit area or not unavoidably lost. The
allocation shall be in accord with the agreement, if any, of the
interested parties. If there is no such agreement, the chief shall
determine the value, from the evidence introduced at the hearing,
of each separately owned tract in the unit area, exclusive of
physical equipment, for development of oil and gas by unit
operations, and the production allocated to each tract shall be
the proportion that the value of each tract so determined bears to
the value of all tracts in the unit area.
(4) A provision for the credits and charges to be made in the
adjustment among the owners in the unit area for their respective
investments in wells, tanks, pumps, machinery, materials, and
equipment contributed to the unit operations;
(5) A provision providing how the expenses of unit
operations, including capital investment, shall be determined and
charged to the separately owned tracts and how the expenses shall
be paid;
(6) A provision, if necessary, for carrying or otherwise
financing any person who is unable to meet the person's financial
obligations in connection with the unit, allowing a reasonable
interest charge for such service that is not less than two hundred
per cent;
(7) A provision for the supervision and conduct of the unit
operations, in respect to which each person shall have a vote with
a value corresponding to the percentage of the expenses of unit
operations chargeable against the interest of that person;
(8) The time when the unit operations shall commence, and the
manner in which, and the circumstances under which, the unit
operations shall terminate;
(9) Such additional provisions as are found to be appropriate
for carrying on the unit operations, and for the protection or
adjustment of correlative rights.
(B) No order of the chief providing for unit operations shall
become effective unless and until the plan for unit operations
prescribed by the chief has been approved in writing by those
owners who, under the chief's order, will be required to pay at
least sixty-five per cent of the costs of the unit operation, and
also by the royalty or, with respect to unleased acreage, fee
owners of sixty-five per cent of the acreage to be included in the
unit. If the plan for unit operations has not been so approved by
owners and royalty owners at the time the order providing for unit
operations is made, the chief shall upon application and notice
hold such supplemental hearings as may be required to determine if
and when the plan for unit operations has been so approved. If the
owners and royalty owners, or either, owning the required
percentage of interest in the unit area do not approve the plan
for unit operations within a period of six months from the date on
which the order providing for unit operations is made, the order
shall cease to be of force and shall be revoked by the chief.
An order providing for unit operations may be amended by an
order made by the chief, in the same manner and subject to the
same conditions as an original order providing for unit
operations, provided that:
(1) If such an amendment affects only the rights and
interests of the owners, the approval of the amendment by the
royalty owners shall not be required.
(2) No such order of amendment shall change the percentage
for allocation of oil and gas as established for any separately
owned tract by the original order, except with the consent of all
persons owning interest in the tract.
The chief, by an order, may provide for the unit operation of
a pool or a part thereof that embraces a unit area established by
a previous order of the chief. Such an order, in providing for the
allocation of unit production, shall first treat the unit area
previously established as a single tract, and the portion of the
unit production so allocated thereto shall then be allocated among
the separately owned tracts included in the previously established
unit area in the same proportions as those specified in the
previous order.
Oil and gas allocated to a separately owned tract shall be
deemed, for all purposes, to have been actually produced from the
tract, and all operations, including, but not limited to, the
commencement, drilling, operation of, or production from a well
upon any portion of the unit area shall be deemed for all purposes
the conduct of such operations and production from any lease or
contract for lands any portion of which is included in the unit
area. The operations conducted pursuant to the order of the chief
shall constitute a fulfillment of all the express or implied
obligations of each lease or contract covering lands in the unit
area to the extent that compliance with such obligations cannot be
had because of the order of the chief.
Oil and gas allocated to any tract, and the proceeds from the
sale thereof, shall be the property and income of the several
persons to whom, or to whose credit, the same are allocated or
payable under the order providing for unit operations.
No order of the chief or other contract relating to the sale
or purchase of production from a separately owned tract shall be
terminated by the order providing for unit operations, but shall
remain in force and apply to oil and gas allocated to the tract
until terminated in accordance with the provisions thereof.
Notwithstanding divisions (A) to (H) of section 1509.73 of
the Revised Code and rules adopted under it, the chief shall issue
an order for the unit operation of a pool or a part of a pool that
encompasses a unit area for which all of the mineral rights for
oil or gas are owned by the department of transportation.
Except to the extent that the parties affected so agree, no
order providing for unit operations shall be construed to result
in a transfer of all or any part of the title of any person to the
oil and gas rights in any tract in the unit area. All property,
whether real or personal, that may be acquired for the account of
the owners within the unit area shall be the property of such
owners in the proportion that the expenses of unit operations are
charged.
(C) If the chief adopts rules or establishes guidelines for
the purposes of this section, the rules or guidelines shall not do
either of the following:
(1) Establish a prehearing publication notice requirement of
more than three publications in a newspaper of daily general
circulation in the county or counties in which a proposed unit is
to be located;
(2) Require the last date of publication of such a prehearing
notice to occur not more than five days prior to the hearing.
Any publication requirement established in rules adopted or
guidelines established under division (C) of this section shall
allow for publication in the newspaper of daily circulation that
is nearest to the proposed area of unit operation if a newspaper
of daily circulation is not available in the county in which the
proposed area of unit operation is located.
Sec. 1509.33. (A) Whoever violates sections 1509.01 to
1509.31 of the Revised Code, or any rules adopted or orders or
terms or conditions of a permit or registration certificate issued
pursuant to these sections for which no specific penalty is
provided in this section, shall pay a civil penalty of not more
than four thousand dollars for each offense.
(B) Whoever violates section 1509.221 of the Revised Code or
any rules adopted or orders or terms or conditions of a permit
issued thereunder shall pay a civil penalty of not more than two
thousand five hundred dollars for each violation.
(C) Whoever violates division (D) of section 1509.22 or
division (A)(1) of section 1509.222 of the Revised Code shall pay
a civil penalty of not less than two thousand five hundred dollars
nor more than twenty thousand dollars for each violation.
(D) Whoever violates division (A) of section 1509.22 of the
Revised Code shall pay a civil penalty of not less than two
thousand five hundred dollars nor more than ten thousand dollars
for each violation.
(E) Whoever violates division (A) of section 1509.223 of the
Revised Code shall pay a civil penalty of not more than ten
thousand dollars for each violation.
(F) Whoever violates section 1509.072 of the Revised Code or
any rules adopted or orders issued to administer, implement, or
enforce that section shall pay a civil penalty of not more than
five thousand dollars for each violation.
(G) In addition to any other penalties provided in this
chapter, whoever violates division (B) of section 1509.22 or
division (A)(1) of section 1509.222 or knowingly violates division
(A) of section 1509.223 of the Revised Code is liable for any
damage or injury caused by the violation and for the actual cost
of rectifying the violation and conditions caused by the
violation. If two or more persons knowingly violate one or more of
those divisions in connection with the same event, activity, or
transaction, they are jointly and severally liable under this
division.
(H) The attorney general, upon the request of the chief of
the division of oil and gas resources management, shall commence
an action under this section against any person who violates
sections 1509.01 to 1509.31 of the Revised Code, or any rules
adopted or orders or terms or conditions of a permit or
registration certificate issued pursuant to these sections. Any
action under this section is a civil action, governed by the Rules
of Civil Procedure and other rules of practice and procedure
applicable to civil actions. The remedy provided in this division
is cumulative and concurrent with any other remedy provided in
this chapter, and the existence or exercise of one remedy does not
prevent the exercise of any other, except that no person shall be
subject to both a civil penalty under division (A), (B), (C), or
(D) of this section and a criminal penalty under section 1509.99
of the Revised Code for the same offense.
(I) For purposes of this section, each day of a purposeful
violation constitutes a separate offense.
Sec. 1509.99. (A) Whoever violates sections 1509.01 to
1509.31 of the Revised Code or any rules adopted or orders or
terms or conditions of a permit issued pursuant to these sections
for which no specific penalty is provided in this section shall be
fined not less than one hundred nor more than one thousand dollars
for a first offense; for each subsequent offense the person shall
be fined not less than two hundred nor more than two thousand
dollars.
(B) Whoever violates section 1509.221 of the Revised Code or
any rules adopted or orders or terms or conditions of a permit
issued thereunder shall be fined not more than five thousand
dollars for each violation.
(C)(1) Whoever knowingly purposely violates section 1509.072,
division
(A), (B), or (D) of section 1509.22, division (A)(1) or
(C) of section 1509.222, or division (A) or (D)(C) of section
1509.223 of the Revised Code or any rules adopted or orders issued
under division (C) of section 1509.22 or rules adopted or orders
or terms or conditions of a registration certificate issued under
division (E)(F) of section 1509.222 of the Revised Code shall be
fined not more than ten thousand dollars or imprisoned for six
not more than three months, or both for a first offense; for each
subsequent offense the person shall be fined not more than twenty
thousand dollars or imprisoned for not more than two years, or
both. Whoever
(2) Whoever knowingly violates division (A) or (D) of section
1509.22 of the Revised Code is guilty of a felony and shall be
fined not more than fifty thousand dollars or imprisoned for not
more than one year, or both for a first offense; for each
subsequent offense the person shall be fined not more than one
hundred thousand dollars or imprisoned for not more than two
years, or both.
(3) Whoever negligently violates those
the divisions,
sections, rules, orders, or terms or conditions of a registration
certificate specified in division (C)(1) or (2) of this section
shall be fined not more than five thousand dollars.
(D) Whoever violates division (C) of section 1509.223 of the
Revised Code shall be fined not more than five hundred dollars for
a first offense and not more than one thousand dollars for a
subsequent offense.
(E) If a person is convicted of or pleads guilty to a
purposeful violation of division (A) or (D) of section 1509.22 of
the Revised Code, in addition to the financial sanctions
authorized by this chapter or section 2929.18 or 2929.28 or any
other section of the Revised Code, the court imposing the sentence
on the person may order the person to reimburse the state agency
or a political subdivision for actual response costs that it
incurred in responding to the violation, including the cost of
rectifying the violation and conditions caused by the violation.
(F) The prosecuting attorney of the county in which the
offense was committed or the attorney general may prosecute an
action under this section.
(F)(G) For purposes of this section, each day of a purposeful
violation constitutes a separate offense.
Sec. 1511.01. As used in this chapter:
(A) "Conservation" means the wise use and management of
natural resources.
(B) "Critical natural resource area" means an area identified
by the director of natural resources in which occurs a natural
resource that requires special management because of its
importance to the well-being of the surrounding communities, the
region, or the state.
(C) "Pollution Erosion and sediment abatement practice" means
any erosion control, residual farm products, or manure pollution
abatement facility,
and sediment reduction structure, practice,
or procedure and the design, operation, and management associated
with it as contained in operation and management plans developed
or approved by the chief of the division of soil and water
resources or by boards of supervisors of soil and water
conservation districts.
(D) "Agricultural Sediment pollution" means failure to use
management or conservation practices in farming or silvicultural
operations to abate wind or water erosion of the soil or to abate
that may result in the degradation of the waters of the state by
residual farm products, manure, or soil sediment, including
attached substances attached thereto.
(E) "Waters of the state" means all streams, lakes, ponds,
wetlands, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations
of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water
is located, that are situated wholly or partly within, or border
upon, this state or are within its jurisdiction, except those
private waters that do not combine or effect a junction with
natural surface or underground waters.
(F) "Operation and management plan" means a written record,
developed or approved by the board of supervisors of a soil and
water conservation district or the chief, for the owner or
operator of agricultural land or an animal feeding operation that
contains implementation schedules and operational procedures for a
level of management and pollution erosion and sediment abatement
practices that will abate the degradation of the waters of the
state by residual farm products, manure, and soil sediment,
including attached pollutants.
(G) "Residual farm products" means bedding, wash waters,
waste feed, and silage drainage. "Residual farm products" also
includes the compost products resulting from the composting of
dead animals in operations subject to section 1511.022 of the
Revised Code when either of the following applies:
(1) The composting is conducted by the person who raises the
animals and the compost product is used in agricultural operations
owned or operated by that person, regardless of whether the person
owns the animals.
(2) The composting is conducted by the person who owns the
animals, but does not raise them and the compost product is used
in agricultural operations either by a person who raises the
animals or by a person who raises grain that is used to feed them
and that is supplied by the owner of the animals.
(H) "Composting" means the controlled decomposition of
organic solid material consisting of dead animals that stabilizes
the organic fraction of the material.
(I) "Manure" means animal excreta.
(J) "Animal feeding operation" means the production area, as
defined in section 903.01 of the Revised Code, of an agricultural
operation where agricultural animals are kept and raised in
confined areas. "Animal feeding operation" does not include a
facility that possesses a permit issued under Chapter 903. or
division (J) of section 6111.03 of the Revised Code.
(K) "Soil and water conservation district" has the same
meaning as in section 1515.01 of the Revised Code.
(H) "Soil erosion management plan" means a written record,
developed or approved by the board of supervisors of a soil and
water conservation district or the chief, that may contain
implementation schedules and operational procedures for a level of
land and water management that will abate wind or water erosion of
the soil or abate the degradation of the waters of the state by
sediment from agricultural operations.
(I) "Timber harvest plan" means a written record, developed
or approved by the board of supervisors of a soil and water
conservation district or the chief, that may contain
implementation schedules and operational procedures for a level of
land and water management that will abate wind or water erosion of
the soil or abate the degradation of the waters of the state by
sediment from timber operations.
(J) "Western basin" has the same meaning as in section
905.326 of the Revised Code.
Sec. 1511.02. The chief of the division of soil and water
resources, subject to the approval of the director of natural
resources, shall do all of the following:
(A) Provide administrative leadership to soil and water
conservation districts in planning, budgeting, staffing, and
administering district programs and the training of district
supervisors and personnel in their duties, responsibilities, and
authorities as prescribed in this chapter and Chapter 1515. of the
Revised Code;
(B) Administer this chapter and Chapter 1515. of the Revised
Code pertaining to state responsibilities and provide staff
assistance to the Ohio soil and water conservation commission in
exercising its statutory responsibilities;
(C) Assist in expediting state responsibilities for watershed
development and other natural resource conservation works of
improvement;
(D) Coordinate the development and implementation of
cooperative programs and working agreements between soil and water
conservation districts and divisions or sections of the department
of natural resources, or other agencies of local, state, and
federal government;
(E) Subject to the approval of the Ohio soil and water
conservation commission, adopt, amend, or rescind rules pursuant
to Chapter 119. of the Revised Code. Rules adopted pursuant to
this section:
(1) Shall establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices in farming or silvicultural operations that
will abate wind or water erosion of the soil or abate the
degradation of the waters of the state by residual farm products,
manure, or soil sediment, including attached substances attached
thereto, and establish criteria for determination of the
acceptability of such management and conservation practices;
(2) Shall establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices that will abate wind or water erosion of
the soil or abate the degradation of the waters of the state by
soil sediment in conjunction with land grading, excavating,
filling, or other soil-disturbing activities on land used or being
developed for nonfarm commercial, industrial, residential, or
other nonfarm purposes, and establish criteria for determination
of the acceptability of such management and conservation
practices. The standards shall be designed to implement applicable
areawide waste treatment management plans prepared under section
208 of the "Federal Water Pollution Control Act," 86 Stat. 816
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria
shall not apply in any municipal corporation or county that adopts
ordinances or rules pertaining to sediment control, nor to lands
being used in a strip mine operation as defined in section 1513.01
of the Revised Code, nor to lands being used in a surface mining
operation as defined in section 1514.01 of the Revised Code.
(3) May recommend criteria and procedures for the approval of
urban sediment pollution abatement plans and issuance of permits
prior to any grading, excavating, filling, or other whole or
partial disturbance of five or more contiguous acres of land owned
by one person or operated as one development unit and require
implementation of such a plan. Areas of less than five contiguous
acres are not exempt from compliance with other provisions of this
chapter and rules adopted under them.
(4) Shall establish procedures for administration of rules
for agricultural sediment pollution abatement and urban sediment
pollution abatement and for enforcement of rules for agricultural
pollution abatement;
(5) Shall specify the pollution erosion and sediment
abatement practices eligible for state cost sharing and determine
the conditions for eligibility, the construction standards and
specifications, the useful life, the maintenance requirements, and
the limits of cost sharing for those practices. Eligible practices
shall be limited to practices that address agricultural or
silvicultural operations and that require expenditures that are
likely to exceed the economic returns to the owner or operator and
that abate soil erosion or degradation of the waters of the state
by residual farm products, manure, or soil sediment, including
attached pollutants attached thereto.
(6) Shall establish procedures for administering grants to
owners or operators of agricultural land or animal feeding
operations for the implementation of operation and management
plans;
(7) Shall establish procedures for administering grants to
soil and water conservation districts for urban sediment pollution
abatement programs, specify the types of projects eligible for
grants, establish limits on the availability of grants, and
establish requirements governing the execution of projects to
encourage the reduction of erosion and sedimentation associated
with soil-disturbing activities;
(8) Shall do all of the following with regard to composting
conducted in conjunction with agricultural operations:
(a) Provide for the distribution of educational material
concerning composting to the offices of OSU extension for the
purposes of section 1511.022 of the Revised Code;
(b) Establish methods, techniques, or practices for
composting dead animals, or particular types of dead animals, that
are to be used at such operations, as the chief considers to be
necessary or appropriate;
(c) Establish requirements and procedures governing the
review and approval or disapproval of composting plans by the
supervisors of soil and water conservation districts under
division (Q) of section 1515.08 of the Revised Code.
(9) Shall be adopted, amended, or rescinded after the chief
does all of the following:
(a) Mails notice to each statewide organization that the
chief determines represents persons or local governmental agencies
who would be affected by the proposed rule, amendment thereto, or
rescission thereof at least thirty-five days before any public
hearing thereon;
(b) Mails a copy of each proposed rule, amendment thereto, or
rescission thereof to any person who requests a copy, within five
days after receipt of the request;
(c) Consults with appropriate state and local governmental
agencies or their representatives, including statewide
organizations of local governmental officials, industrial
representatives, and other interested persons;
(d) If the rule relates to agricultural pollution abatement,
develops an economic impact statement concerning the effect of the
proposed rule or amendment.
(10)(9) Shall not conflict with air or water quality
standards adopted pursuant to section 3704.03 or 6111.041 of the
Revised Code. Compliance with rules adopted pursuant to this
section does not affect liability for noncompliance with air or
water quality standards adopted pursuant to section 3704.03 or
6111.041 of the Revised Code. The application of a level of
management and conservation practices recommended under this
section to control windblown soil from farming operations creates
a presumption of compliance with section 3704.03 of the Revised
Code as that section applies to windblown soil.
(11)(10) Insofar as the rules relate to urban sediment
pollution, shall not be applicable in a municipal corporation or
county that adopts ordinances or rules for urban sediment control,
except that a municipal corporation or county that adopts such
ordinances or rules may receive moneys for urban sediment control
that are disbursed by the board of supervisors of the applicable
soil and water conservation district under division (N)(O) of
section 1515.08 of the Revised Code. The rules shall not exempt
any person from compliance with municipal ordinances enacted
pursuant to Section 3 of Article XVIII, Ohio Constitution.
(F) Cost share with landowners on practices established
pursuant to division (E)(5) of this section as moneys are
appropriated and available for that purpose. Any practice for
which cost share is provided shall be maintained for its useful
life. Failure to maintain a cost share practice for its useful
life shall subject the landowner to full repayment to the
division.
(G) Issue orders requiring compliance with any rule adopted
under division (E)(1) of this section or with section 1511.022 of
the Revised Code. Before the chief issues an order, the chief
shall afford each person allegedly liable an adjudication hearing
under Chapter 119. of the Revised Code. The chief may require in
an order that a person who has caused agricultural sediment
pollution by failure to comply with the standards established
under division (E)(1) of this section operate under an operation
and management plan approved by the chief under this section. The
chief shall require in an order that a person who has failed to
comply with division (A) of section 1511.022 of the Revised Code
prepare a composting plan in accordance with rules adopted under
division (E)(8)(c) of this section and operate in accordance with
that plan or that a person who has failed to operate in accordance
with such a plan begin to operate in accordance with it. Each
order shall be issued in writing and contain a finding by the
chief of the facts upon which the order is based and the standard
that is not being met.
(H) Employ field assistants and such other employees as are
necessary for the performance of the work prescribed by Chapter
1515. of the Revised Code, for performance of work of the
division, and as agreed to under working agreements or contractual
arrangements with soil and water conservation districts, prescribe
their duties, and fix their compensation in accordance with such
schedules as are provided by law for the compensation of state
employees.
All employees of the division, unless specifically exempted
by law, shall be employed subject to the classified civil service
laws in force at the time of employment.
(I) In connection with new or relocated projects involving
highways, underground cables, pipelines, railroads, and other
improvements affecting soil and water resources, including surface
and subsurface drainage:
(1) Provide engineering service as is mutually agreeable to
the Ohio soil and water conservation commission and the director
to aid in the design and installation of soil and water
conservation practices as a necessary component of such projects;
(2) Maintain close liaison between the owners of lands on
which the projects are executed, soil and water conservation
districts, and authorities responsible for such projects;
(3) Review plans for such projects to ensure their compliance
with standards developed under division (E) of this section in
cooperation with the department of transportation or with any
other interested agency that is engaged in soil or water
conservation projects in the state in order to minimize adverse
impacts on soil and water resources adjacent to or otherwise
affected by these projects;
(4) Recommend measures to retard erosion and protect soil and
water resources through the installation of water impoundment or
other soil and water conservation practices;
(5) Cooperate with other agencies and subdivisions of the
state to protect the agricultural status of rural lands adjacent
to such projects and control adverse impacts on soil and water
resources.
(J) Collect, analyze, inventory, and interpret all available
information pertaining to the origin, distribution, extent, use,
and conservation of the soil resources of the state;
(K) Prepare and maintain up-to-date reports, maps, and other
materials pertaining to the soil resources of the state and their
use and make that information available to governmental agencies,
public officials, conservation entities, and the public;
(L) Provide soil and water conservation districts with
technical assistance including on-site soil investigations and
soil interpretation reports on the suitability or limitations of
soil to support a particular use or to plan soil conservation
measures. The assistance shall be upon such terms as are mutually
agreeable to the districts and the department of natural
resources.
(M) Assist local government officials in utilizing land use
planning and zoning, current agricultural use value assessment,
development reviews, and land management activities;
(N) When necessary for the purposes of this chapter or
Chapter 1515. of the Revised Code, develop or approve operation
and management plans.
This section does not restrict the manure of domestic or farm
animals defecated on land outside an animal feeding operation or
runoff therefrom into the waters of the state.
Sec. 1511.021. (A)(1) Any person who owns or operates
agricultural land or an animal feeding operation may develop and
operate under an operation and management plan approved by the
chief of the division of soil and water resources under section
1511.02 of the Revised Code or by the supervisors of the
applicable soil and water conservation district under section
1515.08 of the Revised Code.
(2) An operation and management plan developed under division
(A)(1) of this section, developed by the chief under section
1511.02 of the Revised Code or by the supervisors of a soil and
water conservation district under section 1515.08 of the Revised
Code, or required by an order issued by the chief under division
(G) of section 1511.02 of the Revised Code may include a soil
erosion management plan, a timber harvest plan, or both.
(B) Any person who wishes to make a complaint regarding
nuisances involving agricultural sediment pollution may do so
orally or by submitting a written, signed, and dated complaint to
the chief or to the chief's designee. After receiving an oral
complaint, the chief or the chief's designee may cause an
investigation to be conducted to determine whether agricultural
sediment pollution has occurred or is imminent. After receiving a
written, signed, and dated complaint, the chief or the chief's
designee shall cause such an investigation to be conducted.
(C) In a private civil action for nuisances involving
agricultural sediment pollution, it is an affirmative defense if
the person owning, operating, or otherwise responsible for
agricultural land
or an animal feeding operation is operating
under and in substantial compliance with an approved operation and
management plan developed under division (A) of this section, with
an operation and management plan developed by the chief under
section 1511.02 of the Revised Code or by the supervisors of the
applicable soil and water conservation district under section
1515.08 of the Revised Code, or with an operation and management
plan required by an order issued by the chief under division (G)
of section 1511.02 of the Revised Code. Nothing in this section is
in derogation of the authority granted to the chief in division
(E) of section 1511.02 and in section 1511.07 of the Revised Code.
Sec. 1511.023 1511.022. (A) Except as provided in division
(B) of this section, the director of natural resources, an
employee of the department of natural resources, the supervisors
of a soil and water conservation district, an employee of a
district, and a contractor of the department or a district shall
not disclose either of the following:
(1) Information, including data from geographic information
systems and global positioning systems, provided by a person who
owns or operates agricultural land or an animal feeding operation
and operates under an operation and management plan;
(2) Information gathered as a result of an inspection of
agricultural land or an animal feeding operation to determine
whether the person who owns or operates the land or operation is
in compliance with an operation and management plan.
(B) The director or the supervisors of a district may release
or disclose information specified in division (A)(1) or (2) of
this section to a person or a federal, state, or local agency
working in cooperation with the chief of the division of soil and
water resources or the supervisors in the development of an
operation and management plan or an inspection to determine
compliance with such a plan if the director or supervisors
determine that the person or federal, state, or local agency will
not subsequently disclose the information to another person.
Sec. 1511.023. Notwithstanding any provision of the Revised
Code to the contrary, the chief of the division of soil and water
resources shall adopt rules in accordance with Chapter 119. of the
Revised Code governing watersheds in distress. The rules shall do
all of the following:
(A) Define "watersheds in distress" and "nutrient management
plan";
(B) Establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices in farming or silvicultural operations that
will abate the degradation of the waters of the state by animal
waste within watersheds in distress;
(C) Establish criteria for the development of nutrient
management plans that address the methods, amount, form,
placement, cropping system, and timing of all animal waste
applications within watersheds in distress;
(D) Establish requirements and procedures governing the
development and the approval or disapproval of such animal waste
management plans.
Sec. 1511.024. (A) Except as provided in division (B) of
this section, no person in the western basin shall surface apply
manure under any of the following circumstances:
(1) On snow-covered or frozen soil;
(2) When the top two inches of soil are saturated from
precipitation;
(3) When the local weather forecast for the application area
contains greater than a fifty per cent chance of precipitation
exceeding one-half inch in a twenty-four-hour period.
(B) Division (A) of this section does not apply if a person
in the western basin applies manure under any of the following
circumstances:
(1) The manure application is injected into the ground.
(2) The manure application is incorporated within twenty-four
hours of surface application.
(3) The manure application is applied onto a growing crop.
(4) In the event of an emergency, the chief of the division
of soil and water resources provides written consent and the
manure application is made in accordance with procedures
established in the United States department of agriculture natural
resources conservation service practice standard code 590 prepared
for this state.
(C)(1) Upon receiving a complaint by any person or upon
receiving information that would indicate a violation of this
section, the chief or the chief's designee may investigate or make
inquiries into any alleged failure to comply with this section.
(2) After receiving a complaint by any person or upon
receiving information that would indicate a violation of this
section, the chief or the chief's designee may enter at reasonable
times on any private or public property to inspect and investigate
conditions relating to any such alleged failure to comply with
this section.
(3) If an individual denies access to the chief or the
chief's designee, the chief may apply to a court of competent
jurisdiction in the county in which the premises is located for a
search warrant authorizing access to the premises for the purposes
of this section.
(4) The court shall issue the search warrant for the purposes
requested if there is probable cause to believe that the person is
not in compliance with this section. The finding of probable cause
may be based on hearsay, provided that there is a reasonable basis
for believing that the source of the hearsay is credible.
(D) This section does not affect any restrictions established
in Chapter 903. of the Revised Code or otherwise apply to those
entities or facilities that are permitted as concentrated animal
feeding facilities under that chapter.
Sec. 1511.025. (A) The chief of the division of soil and
water resources may assess a civil penalty against a person that
violates section 1511.024 of the Revised Code. The chief may
impose a civil penalty only if the chief affords the person an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the chief's determination that the
person violated section 1511.024 of the Revised Code. The person
may waive the right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the chief determines that a
violation has occurred or is occurring, the chief may issue an
order requiring compliance with section 1511.024 of the Revised
Code and assess the civil penalty. The order and the assessment of
the civil penalty may be appealed in accordance with section
119.12 of the Revised Code.
(C) A person that has violated section 1511.024 of the
Revised Code shall pay a civil penalty in an amount established in
rules. Each thirty-day period during which a violation continues
constitutes a separate violation.
(D) The chief shall adopt rules in accordance with Chapter
119. of the Revised Code that establish the amount of the civil
penalty assessed under this section. The civil penalty shall be
not more than ten thousand dollars for each violation.
Sec. 1511.05. The chief of the division of soil and water
resources, subject to approval of the terms of the agreement by
the Ohio soil and water conservation commission, shall enter into
cooperative agreements with the board of supervisors of any soil
and water conservation district desiring to enter into such
agreements pursuant to section 1515.08 of the Revised Code. Such
agreements shall be entered into to obtain compliance with rules
and orders of the chief pertaining to agricultural sediment
pollution abatement and urban sediment pollution abatement.
The chief or any person designated by the chief may upon
obtaining agreement with the owner, tenant, or manager of any
land, public or private, enter thereon to make inspections to
determine whether or not there is compliance with the rules
adopted under division (E)(1) of section 1511.02 of the Revised
Code. Upon reason to believe there is a violation, the chief or
the chief's designee may apply for and a judge of the court of
common pleas for the county where the land is located may issue an
appropriate inspection warrant as necessary to achieve the
purposes of this chapter.
Sec. 1511.07. (A)(1) No person shall fail to comply with an
order of the chief of the division of soil and water resources
issued pursuant to division (G) of section 1511.02 of the Revised
Code.
(2) In addition to the remedies provided and irrespective of
whether an adequate remedy at law exists, the chief may apply to
the court of common pleas in the county where a violation of a
standard established under division (E)(1) or (8)(b) of section
1511.02 of the Revised Code causes pollution of the waters of the
state for an order to compel the violator to cease the violation
and to remove the agricultural pollutant or to comply with the
rules adopted standards established under that division (E)(8)(b)
of that section, as appropriate.
(3) In addition to the remedies provided and irrespective of
whether an adequate remedy at law exists, whenever the chief
officially determines that an emergency exists because of
agricultural sediment pollution or an unauthorized release, spill,
or discharge of manure, or a violation of a rule adopted under
division (E)(8)(b) of section 1511.02 of the Revised Code, that
causes pollution of the waters of the state, the chief may,
without notice or hearing, issue an order reciting the existence
of the emergency and requiring that necessary action be taken to
meet the emergency. The order shall be effective immediately. Any
person to whom the order is directed shall comply with the order
immediately, but on application to the chief shall be afforded a
hearing as soon as possible, but not later than twenty days after
making the application. On the basis of the hearing, the chief
shall continue the order in effect, revoke it, or modify it. No
emergency order shall remain in effect for more than sixty days
after its issuance. If a person to whom an order is issued does
not comply with the order within a reasonable period, as
determined by the chief, the chief or the chief's designee may
enter upon private or public lands and take action to mitigate,
minimize, remove, or abate the agricultural sediment pollution,
release, spill, discharge, or conditions caused by the violation
of the rule.
(B) The attorney general, upon the written request of the
chief, shall bring appropriate legal action in Franklin county
against any person who fails to comply with an order of the chief
issued pursuant to division (G) of section 1511.02 of the Revised
Code.
Sec. 1511.09. The soil and water resources administration
fund is hereby created in the state treasury. The fund shall
consist of money credited to it from all fines, penalties, costs,
and damages, except court costs, that are collected either by the
chief of the division of soil and water resources or the attorney
general in consequence of any violation of this chapter or rules
adopted or orders issued under it. The chief shall use money in
the fund to administer and enforce this chapter and rules adopted
under it.
Sec. 1511.99. Whoever violates division (A) of section
1511.07 of the Revised Code is guilty of a misdemeanor of the
first degree. Each day of violation is a separate offense. In
addition to the penalty provided in this division, the sentencing
court may assess damages in an amount equal to the costs of
reclaiming, restoring, or otherwise repairing any damage to public
or private property caused by any violation of division (A) of
section 1511.07 of the Revised Code. All fines and moneys assessed
as damages under this section shall be paid into the agricultural
pollution abatement soil and water resources administration fund
created in section 1511.071 1511.09 of the Revised Code.
Sec. 1514.09. The reclamation commission established
pursuant to section 1513.05 of the Revised Code shall serve as the
reclamation commission pursuant to this chapter. However, whenever
the commission is considering any appeal pertaining to surface or
in-stream mining, as distinguished from coal strip mining, the
member representing the coal strip mine operators shall be
replaced by a person who, by reason of the person's previous
vocation, employment, or affiliations, can be classed as a
representative of surface or in-stream mine operators, as
applicable. The appointment of that person shall be made in
accordance with section 1513.05 of the Revised Code, and the
person's term shall be concurrent with that of the representative
of the coal strip mine operators.
No party to an appeal brought under this section shall be
eligible for an award of attorney's fees, costs, or expenses from
the commission or any court.
Notwithstanding section 1513.13 of the Revised Code, an
operator may appeal the determination of the chief of the division
of mineral resources management that is made under division (D) of
section 1514.43 of the Revised Code within ten days after the
operator receives a copy of the determination.
Notwithstanding section 1513.14 of the Revised Code, appeals
from an order of the commission pertaining to surface or in-stream
mining may be taken to the court of common pleas of the county in
which the operation is located, or to the court of common pleas of
Franklin county.
Sec. 1514.11. In addition to the purposes authorized in
section 1514.06 of the Revised Code, the chief of the division of
mineral resources management may use moneys in the surface mining
fund created under that section for the administration and
enforcement of this chapter, for the reclamation of land affected
by surface or in-stream mining under a permit issued under this
chapter that the operator failed to reclaim and for which the
performance bond filed by the operator is insufficient to complete
the reclamation, and for the reclamation of land affected by
surface or in-stream mining that was abandoned and left
unreclaimed and for which no permit was issued or bond filed under
this chapter. Also, the chief may use the portion of the surface
mining fund that consists of moneys collected from the severance
taxes levied under section 5749.02 of the Revised Code for mine
safety and first aid training. For purposes of this section, the
chief shall expend moneys in the fund in accordance with the
procedures and requirements established in section 1514.06 of the
Revised Code and may enter into contracts and perform work in
accordance with that section.
Fees collected under sections 1514.02 and 1514.03 of the
Revised Code, one-half of the moneys collected from the severance
taxes levied under divisions (A)(3) and (4) of section 5749.02 of
the Revised Code, and all of the moneys collected from the
severance tax levied under division (A)(7) of section 5749.02 of
the Revised Code shall be credited to the fund in accordance with
those sections. Notwithstanding any section of the Revised Code
relating to the distribution or crediting of fines for violations
of the Revised Code, all fines imposed under section 1514.99 of
the Revised Code shall be credited to the fund.
Sec. 1515.01. As used in this chapter:
(A) "Soil and water conservation district" means a district
organized in accordance with this chapter.
(B) "Supervisor" means one of the members of the governing
body of a district.
(C) "Landowner," "owner," or "owner of land" means an owner
of record as shown by the records in the office of the county
recorder. With respect to an improvement or a proposed
improvement, "landowner," "owner," or "owner of land" also
includes any public corporation and the director of any
department, office, or institution of the state that is affected
by the improvement or that would be affected by the proposed
improvement, but that does not own any right, title, estate, or
interest in or to any real property.
(D) "Land occupier" or "occupier of land" means any person,
firm, or corporation that controls the use of land whether as
landowner, lessee, renter, or tenant.
(E) "Due notice" means notice published at least twice,
stating time and place, with an interval of at least thirteen days
between the two publication dates, in a newspaper of general
circulation within a soil and water conservation district.
(F) "Agricultural pollution" means failure to use management
or conservation practices in farming or silvicultural operations
to abate wind or water erosion of the soil or to abate the
degradation of the waters of the state by residual farm products,
manure, or soil sediment, including substances attached thereto.
(G) "Urban sediment pollution" means failure to use
management or conservation practices to abate wind or water
erosion of the soil or to abate the degradation of the waters of
the state by soil sediment in conjunction with land grading,
excavating, filling, or other soil disturbing activities on land
used or being developed for nonfarm commercial, industrial,
residential, or other nonfarm purposes, except lands being used in
a strip mine operation as defined in section 1513.01 of the
Revised Code and except lands being used in a surface mining
operation as defined in section 1514.01 of the Revised Code.
(H)(G) "Uniform assessment" means an assessment that is both
of the following:
(1) Based upon a complete appraisal of each parcel of land,
together with all improvements thereon, within a project area and
of the benefits or damages brought about as a result of the
project that is determined by criteria applied equally to all
parcels within the project area;
(2) Levied upon the parcels at a uniform rate on the basis of
the appraisal.
(I)(H) "Varied assessment" means any assessment that does not
meet the criteria established in division (H)(G) of this section.
(J)(I) "Project area" means an area determined and certified
by the supervisors of a soil and water conservation district under
section 1515.19 of the Revised Code.
(K)(J) "Benefit" or "benefits" means advantages to land and
owners, to public corporations, and to the state resulting from
drainage, conservation, control, and management of water and from
environmental, wildlife, and recreational improvements. "Benefit"
or "benefits" includes, but is not limited to, any of the
following factors:
(1) Elimination or reduction of damage from flooding;
(2) Removal of water conditions that jeopardize public
health, safety, or welfare;
(3) Increased value of land resulting from an improvement;
(4) Use of water for irrigation, storage, regulation of
stream flow, soil conservation, water supply, or any other
incidental purpose;
(5) Providing an outlet for the accelerated runoff from
artificial drainage if a stream, watercourse, channel, or ditch
that is under improvement is called upon to discharge functions
for which it was not designed. Uplands that have been removed from
their natural state by deforestation, cultivation, artificial
drainage, urban development, or other human methods shall be
considered to be benefited by an improvement that is required to
dispose of the accelerated flow of water from the uplands.
(L)(K) "Improvement" or "conservation works of improvement"
means an improvement that is made under the authority established
in division (C) of section 1515.08 of the Revised Code.
(M)(L) "Land" has the same meaning as in section 6131.01 of
the Revised Code.
(N) "Manure," "operation (M) "Operation and management plan,"
and "residual farm products sediment pollution" have the same
meanings as in section 1511.01 of the Revised Code.
(O)(N) "Voluntary nutrient management plan" has the same
meaning as in section 905.31 of the Revised Code.
(O) "Agricultural pollution," "animal feeding operation," and
"nutrient utilization plan" have the same meanings as in section
939.01 of the Revised Code.
Sec. 1515.08. The supervisors of a soil and water
conservation district have the following powers in addition to
their other powers:
(A) To conduct surveys, investigations, and research relating
to the character of soil erosion, floodwater and sediment damages,
and the preventive and control measures and works of improvement
for flood prevention and the conservation, development,
utilization, and disposal of water needed within the district, and
to publish the results of those surveys, investigations, or
research, provided that no district shall initiate any research
program except in cooperation or after consultation with the Ohio
agricultural research and development center;
(B) To develop plans for the conservation of soil resources,
for the control and prevention of soil erosion, and for works of
improvement for flood prevention and the conservation,
development, utilization, and disposal of water within the
district, and to publish those plans and information;
(C) To implement, construct, repair, maintain, and operate
preventive and control measures and other works of improvement for
natural resource conservation and development and flood
prevention, and the conservation, development, utilization, and
disposal of water within the district on lands owned or controlled
by this state or any of its agencies and on any other lands within
the district, which works may include any facilities authorized
under state or federal programs, and to acquire, by purchase or
gift, to hold, encumber, or dispose of, and to lease real and
personal property or interests in such property for those
purposes;
(D) To cooperate or enter into agreements with any occupier
of lands within the district in the carrying on of natural
resource conservation operations and works of improvement for
flood prevention and the conservation, development, utilization,
and management of natural resources within the district, subject
to such conditions as the supervisors consider necessary;
(E) To accept donations, gifts, grants, and contributions in
money, service, materials, or otherwise, and to use or expend them
according to their terms;
(F) To adopt, amend, and rescind rules to carry into effect
the purposes and powers of the district;
(G) To sue and plead in the name of the district, and be sued
and impleaded in the name of the district, with respect to its
contracts and, as indicated in section 1515.081 of the Revised
Code, certain torts of its officers, employees, or agents acting
within the scope of their employment or official responsibilities,
or with respect to the enforcement of its obligations and
covenants made under this chapter;
(H) To make and enter into all contracts, leases, and
agreements and execute all instruments necessary or incidental to
the performance of the duties and the execution of the powers of
the district under this chapter, provided that all of the
following apply:
(1) Except as provided in section 307.86 of the Revised Code
regarding expenditures by boards of county commissioners, when the
cost under any such contract, lease, or agreement, other than
compensation for personal services or rental of office space,
involves an expenditure of more than the amount established in
that section regarding expenditures by boards of county
commissioners, the supervisors shall make a written contract with
the lowest and best bidder after advertisement, for not less than
two nor more than four consecutive weeks preceding the day of the
opening of bids, in a newspaper of general circulation within the
district or as provided in section 7.16 of the Revised Code and in
such other publications as the supervisors determine. The notice
shall state the general character of the work and materials to be
furnished, the place where plans and specifications may be
examined, and the time and place of receiving bids.
(2) Each bid for a contract shall contain the full name of
every person interested in it.
(3) Each bid for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement shall meet
the requirements of section 153.54 of the Revised Code.
(4) Each bid for a contract, other than a contract for the
construction, demolition, alteration, repair, or reconstruction of
an improvement, at the discretion of the supervisors, may be
accompanied by a bond or certified check on a solvent bank in an
amount not to exceed five per cent of the bid, conditioned that,
if the bid is accepted, a contract shall be entered into.
(5) The supervisors may reject any and all bids.
(I) To make agreements with the department of natural
resources giving it control over lands of the district for the
purpose of construction of improvements by the department under
section 1501.011 of the Revised Code;
(J) To charge, alter, and collect rentals and other charges
for the use or services of any works of the district;
(K) To enter, either in person or by designated
representatives, upon lands, private or public, in the necessary
discharge of their duties;
(L) To enter into agreements or contracts with the department
for the determination, implementation, inspection, and funding of
agricultural sediment pollution abatement and urban sediment
pollution abatement measures whereby landowners, operators,
managers, and developers may meet adopted state standards for a
quality environment, except that failure of a district board of
supervisors to negotiate an agreement or contract with the
department shall authorize the division of soil and water
resources to implement the required program;
(M) To enter into agreements or contracts with the department
of agriculture for the determination, implementation, inspection,
and funding of agricultural pollution abatement measures whereby
landowners, operators, and managers may meet adopted state
standards for a quality environment, except that failure of a
district board of supervisors to negotiate an agreement or
contract with that department shall authorize the department to
implement the required program;
(N) To conduct demonstrations and provide information to the
public regarding practices and methods for natural resource
conservation, development, and utilization;
(N)(O) To enter into contracts or agreements with the chief
of the division of soil and water resources to implement and
administer a program for urban sediment pollution abatement and to
receive and expend moneys provided by the chief for that purpose;
(O)(P) To develop operation and management plans as
necessary;
(P)(Q) To determine whether operation and management plans
developed under division (A) of section 1511.021 of the Revised
Code comply with the standards established under division (E)(1)
of section 1511.02 of the Revised Code and to approve or
disapprove the plans, based on such compliance. If an operation
and management plan is disapproved, the board shall provide a
written explanation to the person who submitted the plan. The
person may appeal the plan disapproval to the chief, who shall
afford the person a hearing. Following the hearing, the chief
shall uphold the plan disapproval or reverse it. If the chief
reverses the plan disapproval, the plan shall be deemed approved
under this division. In the event that any person operating or
owning agricultural land or an animal feeding operation in
accordance with an approved operation and management plan who, in
good faith, is following that plan, causes agricultural sediment
pollution, the plan shall be revised in a fashion necessary to
mitigate the
agricultural sediment pollution, as determined and
approved by the board of supervisors of the soil and water
conservation district.
(Q)(R) To develop nutrient utilization plans as necessary;
(S) To determine whether nutrient utilization plans developed
under division (A) of section 939.03 of the Revised Code comply
with the standards established in rules adopted under division
(C)(1) of section 939.02 of the Revised Code and to approve or
disapprove the plans based on such compliance. If a nutrient
utilization plan is disapproved, the board shall provide a written
explanation to the person who submitted the plan. The person may
appeal the plan disapproval to the director of agriculture who
shall afford the person a hearing. Following the hearing, the
director shall uphold the plan disapproval or reverse it. If the
director reverses the plan disapproval, the plan shall be deemed
approved under this division. In the event that a person operating
or owning agricultural land or an animal feeding operation in
accordance with an approved nutrient utilization plan who, in good
faith, is following that plan causes agricultural pollution, the
plan shall be revised in a manner necessary to mitigate the
agricultural pollution as determined and approved by the board of
supervisors of the soil and water conservation district.
(T) With regard to composting conducted in conjunction with
agricultural operations, to do all of the following:
(1) Upon request or upon their own initiative, inspect
composting at any such operation to determine whether the
composting is being conducted in accordance with section 1511.022
939.04 of the Revised Code;
(2) If the board determines that composting is not being so
conducted, request the chief director of agriculture to issue an
order under division (G) of section 1511.02 of the Revised Code
requiring take corrective actions under section 939.09 of the
Revised Code that require the person who is conducting the
composting to prepare a composting plan in accordance with rules
adopted under division (E)(8)(c)(C)(5)(a) of that section 939.02
of the Revised Code and to operate in accordance with that plan or
to operate in accordance with a previously prepared plan, as
applicable;
(3) In accordance with rules adopted under division
(E)(8)(c)(C)(5)(b) of section 1511.02 939.02 of the Revised Code,
review and approve or disapprove any such composting plan. If a
plan is disapproved, the board shall provide a written explanation
to the person who submitted the plan.
As used in division (Q)(T) of this section, "composting" has
the same meaning as in section 1511.01 939.01 of the Revised Code.
(R)(U) With regard to conservation activities that are
conducted in conjunction with agricultural operations, to assist
the county auditor, upon request, in determining whether a
conservation activity is a conservation practice for purposes of
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the
Revised Code.
As used in this division, "conservation practice" has the
same meaning as in section 5713.30 of the Revised Code.
(S)(V) To develop and approve or disapprove voluntary
nutrient management plans in accordance with section 905.323 of
the Revised Code;
(T)(W) To do all acts necessary or proper to carry out the
powers granted in this chapter.
The director of natural resources shall make recommendations
to reduce the adverse environmental effects of each project that a
soil and water conservation district plans to undertake under
division (A), (B), (C), or (D) of this section and that will be
funded in whole or in part by moneys authorized under section
1515.16 of the Revised Code and shall disapprove any such project
that the director finds will adversely affect the environment
without equal or greater benefit to the public. The director's
disapproval or recommendations, upon the request of the district
filed in accordance with rules adopted by the Ohio soil and water
conservation commission, shall be reviewed by the commission,
which may confirm the director's decision, modify it, or add
recommendations to or approve a project the director has
disapproved.
Any instrument by which real property is acquired pursuant to
this section shall identify the agency of the state that has the
use and benefit of the real property as specified in section
5301.012 of the Revised Code.
Sec. 1522.10. As used in sections 1522.10 to 1522.21 of the
Revised Code:
(A) "Baseline facility" means a facility identified in the
baseline report or a facility added to the baseline report under
section 1522.16 of the Revised Code.
(B) "Baseline facility abandonment" means the voluntary and
affirmative termination of a baseline facility's withdrawal and
consumptive use capacity as listed in the baseline report.
"Baseline facility abandonment" does not include the nonuse or the
transfer of a baseline facility's withdrawal and consumptive use
capacity unless either of the following applies:
(1) The nonuse continues for fifteen consecutive years for a
facility with a potential withdrawal from Lake Erie or a
recognized navigational channel and the nonuse is not extended in
accordance with division (B) of section 1522.16 of the Revised
Code.
(2) For a facility to which division (B)(1) of this section
does not apply, the nonuse continues for thirty-six consecutive
months and is not extended in accordance with division (B) of
section 1522.16 of the Revised Code.
(C) "Baseline report" means a list of the withdrawal and
consumptive use capacities of facilities that was developed for
purposes of Section 4.12 of the great lakes-st. Lawrence river
basin water resources compact by the department of natural
resources and submitted to the great lakes-st. Lawrence river
basin water resources council on December 8, 2009.
(D) "Capacity" means the ability of a facility's pumps,
pipes, and other appurtenances to withdraw water presented in
terms of withdrawal capacity, treatment capacity, distribution
capacity, or other capacity-limiting factors.
(E) "Compact" means the great lakes-st. Lawrence river basin
water resources compact set forth in section 1522.01 of the
Revised Code.
(F) "Consumptive use" has the same meaning as in section
1522.01 of the Revised Code. For purposes of determining a new or
increased capacity for consumptive use, "consumptive use" is the
use based on a coefficient of consumptive use generally accepted
in the scientific community that most accurately reflects the
process at a facility or the use based on facility specific data,
whichever is more accurate.
(G) "Diversion" has the same meaning as in section 1522.01 of
the Revised Code.
(H) "Facility" means any site, installation, or building at
which water withdrawal and consumptive use activities take place
or are proposed to take place, that is located at a property or on
contiguous properties, and that is under the direction of either a
private or public entity. "Facility" includes any site,
installation, building, or service area of a public water system
at or within which water withdrawal and consumptive use activities
take place.
(I) "Facility abandonment" means the voluntary and
affirmative termination of a facility's withdrawal and consumptive
use capacity as listed in a withdrawal and consumptive use permit
issued under section 1522.12 of the Revised Code. "Facility
abandonment" does not include the nonuse or the transfer of a
facility's withdrawal and consumptive use capacity unless either
of the following applies:
(1) The nonuse continues for fifteen consecutive years for a
facility with a potential withdrawal from Lake Erie or a
recognized navigational channel and the nonuse is not extended in
accordance with division (B) of section 1522.16 of the Revised
Code.
(2) For a facility to which division (I)(1) of this section
does not apply, the nonuse continues for thirty-six consecutive
months and is not extended in accordance with division (B) of
section 1522.16 of the Revised Code.
(J) "High quality water" means a river or stream segment that
has been designated by the environmental protection agency under
Chapter 3745-1 of the Administrative Code as an exceptional warm
water habitat, cold water habitat, outstanding state water, or
superior high-quality water.
(K) "Increased capacity" does not include any capacity that
results from alterations or changes made at a facility that
replace existing capacity without increasing the capacity of the
facility.
(L) "Public water system" has the same meaning as in section
6109.01 of the Revised Code.
(M) "Recognized navigation channel" means that portion of a
river or stream extending from bank to bank that is a direct
tributary of Lake Erie and that, as of the effective date of this
section September 4, 2012, is a state or federally maintained
navigation channel.
(N) "River or stream" means a body of water running or
flowing, either continually or intermittently, on the earth's
surface or a channel in which such flow occurs.
(O) "Water" means ground or surface water contained within
the basin of the Lake Erie source watershed.
(P) "Long-term mean annual runoff" means the total volume of
runoff from all streams and direct overland flow from the state's
portion of the Lake Erie basin into Lake Erie for a specified
period of time as calculated by the chief of the division of soil
and water resources under division (D) of section 1522.13 of the
Revised Code.
(Q) "Lake Erie low water datum" means the low water datum
established for Lake Erie by the coordinating committee on Great
Lakes basic hydraulic and hydrologic data, which is set at an
elevation of 569.2 (IGLD-1985).
(R) "Average Lake Erie water level" means the average monthly
lake level as calculated by the national oceanic and atmospheric
administration from four water level gauges located at Toledo,
Cleveland, Port Stanley, and Port Colborne.
(S) "Consumptive use total" means the total consumptive use
in the Lake Erie basin by all water withdrawal facilities
registered under section 1521.16 of the Revised Code during 2013.
Sec. 1522.13. (A) The chief of the division of soil and
water resources shall issue a withdrawal and consumptive use
permit for a facility if the chief determines that the facility
meets all of the criteria established in Section 4.11 of the
compact.
(B) In applying the provision of the decision-making standard
established in Section 4.11.2 of the compact, the chief shall
require that a following:
(1) All water withdrawn is returned, either naturally or
after use, to the source watershed less an allowance for
consumptive use.
(2) A withdrawal or consumptive use will be implemented so as
to ensure that the withdrawal or consumptive use will result in no
significant individual or cumulative adverse impacts on the
quantity or quality of the waters and water dependent natural
resources of the great lakes basin considered as a whole or of the
Lake Erie source watershed considered as a whole. As part of the
evaluation of a permit application under Section 4.11.2 of the
compact
(a)(i) If the individual or cumulative consumptive uses are
at or below the consumptive use total, it is presumed that the
consumptive uses will result in no significant individual or
cumulative adverse impacts to the quantity or quality of the
waters and water dependent natural resources of the great lakes
basin considered as a whole or of the Lake Erie watershed
considered as a whole.
(ii) If the individual or cumulative consumptive uses are
above the consumptive use total and the consumptive uses will
result in not more than one per cent of the long-term mean annual
runoff from the state's portion of the Lake Erie basin and when
the average Lake Erie water level is at least one-half foot above
the Lake Erie low water datum for any month during the preceding
twelve months, it is presumed that the consumptive uses will
result in no significant individual or cumulative adverse impacts
to the quantity or quality of the waters and water dependent
natural resources of the great lakes basin considered as a whole
or of the Lake Erie watershed considered as a whole. Proposed
individual consumptive uses shall be factored into the existing
cumulative consumptive use total prior to permit issuance.
(b) If the chief's evaluation of a proposal refutes the
presumptions described in divisions (A)(2)(a)(i) and (ii) of this
section, the chief shall do all of the following:
(1)(i) Rely on the best generally accepted scientific methods
appropriate for this state derived from professionally accepted
resources and practices;
(2)(ii) Consider the long-term mean annual inflow and outflow
of the Lake Erie source watershed;
(3)(iii) Consider the withdrawal and the portion of the
withdrawal that is not returned to the Lake Erie source watershed.
(C)(3) The withdrawal or consumptive use will be implemented
so as to incorporate environmentally sound and economically
feasible water conservation measures.
(4) The withdrawal or consumptive use will be implemented so
as to ensure that it is in compliance with all applicable
municipal, state, and federal laws as well as regional interstate
and international agreements, including the Boundary Waters Treaty
of 1909.
(5) The proposed use is reasonable, based on a consideration
of the following factors:
(a) Whether the proposed withdrawal or consumptive use is
planned in a fashion that provides for efficient use of the water
and will avoid or minimize the waste of water;
(b) If the proposal is for an increased withdrawal or
consumptive use, whether efficient use is made of existing water
supplies;
(c) The balance between economic development, social
development, and environmental protection of the proposed
withdrawal and use and other existing or planned withdrawals and
water uses sharing the water source;
(d) The supply potential of the water source, considering
quantity, quality, and reliability and safe yield of
hydrologically interconnected water sources;
(e) The probable degree and duration of any adverse impacts
caused or expected to be caused by the proposed withdrawal and use
under foreseeable conditions, to other lawful consumptive or
nonconsumptive uses of water, or to the quantity or quality of the
waters and water dependent natural resources of the basin, and the
proposed plans and arrangements for avoidance or mitigation of
such impacts.
If a proposal includes restoration of hydrologic conditions
and functions of the source watershed, the party may consider
that.
(B) Impacts of a withdrawal or consumptive use on the
quantity or quality of waters and water dependent natural
resources of more localized areas that affect less than the great
lakes basin considered as a whole or the Lake Erie source
watershed considered as a whole shall be considered as a part of
the evaluation of whether a proposed withdrawal or consumptive use
is reasonable as provided in Section 4.11.5 of the compact.
(D)(C) The chief shall not submit an application for a
withdrawal and consumptive use permit for regional review under
Section 4.5.2(c)(ii) of the compact to the regional body as
defined in Section 1.2 of the compact unless regional review is
agreed to by the applicant.
(E)(D)(1) The chief shall calculate the long-term mean annual
runoff for the state's portion of the Lake Erie basin utilizing
the best available data, including United States geological survey
stream gauge data, United States army corps of engineers stream
gauge data, and natural resources conservation service stream
gauge data, and any other data the chief determines to be
appropriate.
(2) The period of record shall be fifty years prior to the
effective date of this amendment or the total period of record,
whichever is less.
(3) The chief shall recalculate the long-term mean annual
runoff every ten years utilizing the best available data for the
most recent, previous fifty years, or the total period of record,
whichever is less.
(E) Nothing in sections 1522.10 to 1522.21 of the Revised
Code shall be construed to affect, limit, diminish, or impair any
rights validly established and existing under the laws of this
state as of December 8, 2008, including, but not limited to,
sections 1506.10 and 1521.17 of the Revised Code, or to limit a
person's right to the reasonable use of ground water, water in a
lake, or any other watercourse in contravention of Section 19b of
Article I, Ohio Constitution.
Sec. 1522.25. (A) Nothing in sections 1522.02 to 1522.21 of
the Revised Code precludes a municipal corporation the boundaries
of which are located in both the Lake Erie drainage basin and the
Ohio river drainage basin from drilling wells in the Lake Erie
drainage basin to supply its public water system, provided that
the aggregate withdrawal capacity of those wells does not exceed
more than one million gallons per day and provided that the
municipal corporation complies with all applicable requirements
governing those wells.
(B) As used in this section, "public water system" has the
same meaning as in section 6109.01 of the Revised Code.
Sec. 1533.081. (A) As used in this section:
(1) "Energy facility" has the same meaning as in section
1551.01 of the Revised Code means wind turbines and associated
facilities with a single interconnection to the electrical grid
that are designated for, or capable of, operation at an aggregate
capacity of five or more megawatts.
(2) "Energy facility Incidental taking" means a facility at
which energy is produced the killing or injuring of a wild animal
occurring by chance or without intention.
(B) A person operating an energy facility whose operation may
result in the incidental taking of a wild animal shall obtain a
permit to do so for such an incidental taking from the chief of
the division of wildlife under this section. The chief shall adopt
rules under section 1531.10 of the Revised Code that are necessary
to administer this section.
The rules may include the
establishment of a fee for such a permit.
Sec. 1533.12. (A)(1) Except as otherwise provided in
division (A)(2) of this section, every person on active duty in
the armed forces of the United States who is stationed in this
state and who wishes to engage in an activity for which a license,
permit, or stamp is required under this chapter first shall obtain
the requisite license, permit, or stamp. Such a person is eligible
to obtain a resident hunting or fishing license regardless of
whether the person qualifies as a resident of this state. To
obtain a resident hunting or fishing license, the person shall
present a card or other evidence identifying the person as being
on active duty in the armed forces of the United States and as
being stationed in this state.
(2) Every person on active duty in the armed forces of the
United States, while on leave or furlough, may take or catch fish
of the kind lawfully permitted to be taken or caught within the
state, may hunt any wild bird or wild quadruped lawfully permitted
to be hunted within the state, and may trap fur-bearing animals
lawfully permitted to be trapped within the state, without
procuring a fishing license, a hunting license, a fur taker
permit, or a wetlands habitat stamp required by this chapter,
provided that the person shall carry on the person when fishing,
hunting, or trapping, a card or other evidence identifying the
person as being on active duty in the armed forces of the United
States, and provided that the person is not otherwise violating
any of the hunting, fishing, and trapping laws of this state.
In order to hunt deer or wild turkey, any such person shall
obtain a deer or wild turkey permit, as applicable, under section
1533.11 of the Revised Code. However, the person need not obtain a
hunting license in order to obtain such a permit.
(B) The chief of the division of wildlife shall provide by
rule adopted under section 1531.10 of the Revised Code all of the
following:
(1) Every resident of this state with a disability that has
been determined by the veterans administration to be permanently
and totally disabling, who receives a pension or compensation from
the veterans administration, and who received an honorable
discharge from the armed forces of the United States, and every
veteran to whom the registrar of motor vehicles has issued a set
of license plates under section 4503.41 of the Revised Code, shall
be issued a fishing license, hunting license, fur taker permit,
deer or wild turkey permit, or wetlands habitat stamp, or any
combination of those licenses, permits, and stamp, free of charge
on an annual, multi-year, or lifetime basis as determined
appropriate by the chief when application is made to the chief in
the manner prescribed by and on forms provided by the chief.
(2) Every resident of the state who was born on or before
December 31, 1937, shall be issued an annual fishing license,
hunting license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to the
chief in the manner prescribed by and on forms provided by the
chief.
(3) Every resident of state or county institutions,
charitable institutions, and military homes in this state shall be
issued an annual fishing license free of charge when application
is made to the chief in the manner prescribed by and on forms
provided by the chief.
(4) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is a resident of this
state and who is unable to engage in fishing without the
assistance of another person shall be issued an annual fishing
license free of charge when application is made to the chief in
the manner prescribed by and on forms provided by the chief. The
person who is assisting the mobility impaired or blind person may
assist in taking or catching fish of the kind permitted to be
taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line
is used by both persons.
(5) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is under the age of
eighteen years, who is a resident of this state, and who is unable
to engage in hunting without the assistance of another person
shall be issued a youth deer or wild turkey permit, as applicable,
under section 1533.11 of the Revised Code free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief. A person who is assisting the
mobility impaired or blind person and who is a resident of this
state shall be issued a deer or wild turkey permit, as applicable,
under section 1533.11 of the Revised Code free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief. A person who is assisting the
mobility impaired or blind person and who is not a resident of
this state shall be issued a deer or wild turkey permit, as
applicable, under that section when application is made to the
chief in the manner prescribed by and on forms provided by the
chief. However, the mobility impaired or blind person and the
person who is assisting that person shall obtain a special youth
hunting license, an apprentice youth hunting license, or a hunting
license, as applicable, in order to obtain the applicable permit.
(6) As used in division (B)(5)(6) of this section, "prisoner
of war" means any regularly appointed, enrolled, enlisted, or
inducted member of the military forces of the United States who
was captured, separated, and incarcerated by an enemy of the
United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state shall be issued a fishing license, hunting license, fur
taker permit, or wetlands habitat stamp, or any combination of
those licenses, permits, and stamp, free of charge on an annual,
multi-year, or lifetime basis as determined appropriate by the
chief when application is made to the chief in the manner
prescribed by and on forms provided by the chief.
(C) The chief shall adopt rules pursuant to section 1531.08
of the Revised Code designating not more than two days, which need
not be consecutive, in each year as "free sport fishing days" on
which any resident may exercise the privileges accorded the holder
of a fishing license issued under section 1533.32 of the Revised
Code without procuring such a license, provided that the person is
not otherwise violating any of the fishing laws of this state."
Sec. 1548.07. (A) An application for a certificate of title
shall be sworn to before a notary public or other officer
empowered to administer oaths by the lawful owner or purchaser of
the watercraft or outboard motor and shall contain the following
information in the form and together with any other information
that the chief of the division of watercraft may require:
(1) Name, address, and social security number or employer's
tax identification number of the applicant;
(2) Statement of how the watercraft or outboard motor was
acquired;
(3) Name and address of the previous owner;
(4) A statement of all liens, mortgages, or other
encumbrances on the watercraft or outboard motor, including a
description of the nature and amount of each lien, mortgage, or
encumbrance, and the name and address of each holder of the lien,
mortgage, or encumbrance;
(5) If there are no outstanding liens, mortgages, or other
encumbrances, a statement of that fact;
(6) A description of the watercraft, including the make,
year, length, series or model, if any, body type, and hull
identification number or serial number, and make, manufacturer's
serial number, and horsepower of any inboard motor or motors; or a
description of the outboard motor, including the make, year,
series or model, if any, manufacturer's serial number, and
horsepower;
(7) The purchase price, trade-in allowed, and amount of sales
or use tax paid under Chapter 5739. or 5741. of the Revised Code.
(B) If the application is made by two persons regarding a
watercraft or outboard motor in which they wish to establish joint
ownership with right of survivorship, they may do so as provided
in section 2131.12 of the Revised Code.
(C) If the applicant wishes to designate a watercraft or
outboard motor in beneficiary form, the applicant may do so as
provided in section 2131.13 of the Revised Code.
(D) If the watercraft or outboard motor contains a permanent
identification number placed on the watercraft or outboard motor
by the manufacturer, this number shall be used as the serial
number or hull identification number. If there is no
manufacturer's identification number, or if the manufacturer's
identification number has been removed or obliterated, the chief,
upon receipt of a prescribed application and proof of ownership,
may assign an identification number for the watercraft or outboard
motor, and this number shall be permanently affixed or imprinted
by the applicant, at the place and in the manner designated by the
chief, upon the watercraft or outboard motor for which it is
assigned.
Sec. 1561.24. For purposes of this chapter, and Chapters
1563., 1565., and 1567., and sections 1514.40 to 1514.50 of the
Revised Code, there is hereby created in the state treasury the
mine safety fund. The fund shall consist of money transferred to
it by the administrator of workers' compensation from the
coal-workers pneumoconiosis fund established in section 4131.03 of
the Revised Code. All investment earnings of the mine safety fund
shall be credited to the fund. The chief of the division of
mineral resources management shall use money in the fund for all
of the following purposes, as applicable:
(A) Mine safety and health inspections and audits;
(B) The purchase and maintenance of mine rescue and
inspection equipment;
(C) The purchase or lease of facilities for use as mine
rescue stations and for mine rescue and safety training;
(D) Mine rescue and safety and health training of miners;
(E) Certification and recertification of mine officials.
Sec. 1711.13. County agricultural societies are hereby
declared bodies corporate and politic, and as such they shall be
capable of suing and being sued and of holding in fee simple any
real estate purchased by them as sites for their fairs. In
addition, they may do either or both of the following:
(A) Mortgage their grounds for the purpose of renewing or
extending pre-existing debts, and for the purpose of furnishing
money to purchase additional land, but if the board of county
commissioners has caused money to be paid out of the county
treasury to aid in the purchase of the grounds, no mortgage shall
be given without the consent of the board.
Deeds, conveyances, and agreements in writing, made to and by
such societies, for the purchase of real estate as sites for their
fairs, shall vest a title in fee simple to the real estate
described in those documents, without words of inheritance.
(B) Enter into agreements to obtain loans and credit for
expenses related to the purposes of the county agricultural
society, provided that the agreements are in writing and are first
approved by the board of directors of the society. The total net
indebtedness incurred by a county agricultural society pursuant to
this division shall not exceed an amount equal to twenty-five per
cent of its annual revenues.
Sec. 3704.05. (A) No person shall cause, permit, or allow
emission of an air contaminant in violation of any rule adopted by
the director of environmental protection under division (E) of
section 3704.03 of the Revised Code unless the person is the
holder of a variance that is issued under division (H) of that
section and consistent with the federal Clean Air Act permitting
the emission of the contaminant in excess of that permitted by the
rule or the person is the holder of an operating permit that
includes a compliance schedule issued pursuant to rules adopted
under division (G) of section 3704.03 of the Revised Code.
(B) No person who is the holder of a variance issued under
division (H) of section 3704.03 of the Revised Code shall cause,
permit, or allow emission of an air contaminant or contaminants
listed therein in violation of the conditions of the variance or
fail to obey an order of the director issued under authority of
that division.
(C) No person who is the holder of a permit issued under
division (F) or (G) of section 3704.03 of the Revised Code shall
violate any of its terms or conditions.
(D) No person shall fail to install and maintain monitoring
devices or to submit reports or other information as may be
required under division (I) of section 3704.03 of the Revised
Code.
(E) No person to whom a permit or variance has been issued
shall refuse entry to an authorized representative of the director
or the environmental protection agency as provided in division
(M)(L) of section 3704.03 of the Revised Code or hinder or thwart
the person in making an investigation.
(F) No person shall fail to submit plans and specifications
as required by section 3704.03 of the Revised Code.
(G) No person shall violate any order, rule, or determination
of the director issued, adopted, or made under this chapter.
(H) No person shall do any of the following:
(1) Falsify any plans, specifications, data, reports,
records, or other information required to be kept or submitted to
the director by this chapter or rules adopted under it;
(2) Make any false material statement, representation, or
certification in any form, notice, or report required by the Title
V permit program;
(3) Render inaccurate any monitoring device required by a
Title V permit.
Violation of division (H)(1), (2), or (3) of this section is
not also falsification under section 2921.13 of the Revised Code.
(I) No person shall knowingly falsify an inspection
certificate submitted to another under section 3704.14 or Chapter
4503. of Revised Code. Violation of this division is not also
falsification under section 2921.13 of the Revised Code.
(J) No person shall do either of the following:
(1) With regard to the Title V permit program, fail to pay
any administrative penalty assessed in accordance with rules
adopted under division (S) of section 3704.03 of the Revised Code
or any fee assessed under section 3745.11 of the Revised Code;
(2) Violate any applicable requirement of a Title V permit or
any permit condition, except for an emergency as defined in 40
C.F.R. 70.6 (g), or filing requirement of the Title V permit
program, any duty to allow or carry out inspection, entry, or
monitoring activities, or any rule adopted or order issued by the
director pursuant to the Title V permit program.
(K) On and after the three hundred sixty-sixth day following
the administrator's final approval of the Title V permit program,
or on and after the three hundred sixty-sixth day following the
commencement of operation of a new major source required to comply
with section 112(g) or part C or D of Title I of the federal Clean
Air Act, whichever is later, no person shall operate any such
source that is required to obtain a Title V permit under section
3704.036 of the Revised Code or rules adopted under it unless such
a permit has been issued authorizing operation of the source or
unless a complete and timely application for the issuance,
renewal, or modification of a Title V permit for the source has
been submitted to the director under that section.
Sec. 3734.02. (A) The director of environmental protection,
in accordance with Chapter 119. of the Revised Code, shall adopt
and may amend, suspend, or rescind rules having uniform
application throughout the state governing solid waste facilities
and the inspections of and issuance of permits and licenses for
all solid waste facilities in order to ensure that the facilities
will be located, maintained, and operated, and will undergo
closure and post-closure care, in a sanitary manner so as not to
create a nuisance, cause or contribute to water pollution, create
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.
257.3-8, as amended. The rules may include, without limitation,
financial assurance requirements for closure and post-closure care
and corrective action and requirements for taking corrective
action in the event of the surface or subsurface discharge or
migration of explosive gases or leachate from a solid waste
facility, or of ground water contamination resulting from the
transfer or disposal of solid wastes at a facility, beyond the
boundaries of any area within a facility that is operating or is
undergoing closure or post-closure care where solid wastes were
disposed of or are being disposed of. The rules shall not concern
or relate to personnel policies, salaries, wages, fringe benefits,
or other conditions of employment of employees of persons owning
or operating solid waste facilities. The director, in accordance
with Chapter 119. of the Revised Code, shall adopt and may amend,
suspend, or rescind rules governing the issuance, modification,
revocation, suspension, or denial of variances from the director's
solid waste rules, including, without limitation, rules adopted
under this chapter governing the management of scrap tires.
Variances shall be issued, modified, revoked, suspended, or
rescinded in accordance with this division, rules adopted under
it, and Chapter 3745. of the Revised Code. The director may order
the person to whom a variance is issued to take such action within
such time as the director may determine to be appropriate and
reasonable to prevent the creation of a nuisance or a hazard to
the public health or safety or the environment. Applications for
variances shall contain such detail plans, specifications, and
information regarding objectives, procedures, controls, and other
pertinent data as the director may require. The director shall
grant a variance only if the applicant demonstrates to the
director's satisfaction that construction and operation of the
solid waste facility in the manner allowed by the variance and any
terms or conditions imposed as part of the variance will not
create a nuisance or a hazard to the public health or safety or
the environment. In granting any variance, the director shall
state the specific provision or provisions whose terms are to be
varied and also shall state specific terms or conditions imposed
upon the applicant in place of the provision or provisions. The
director may hold a public hearing on an application for a
variance or renewal of a variance at a location in the county
where the operations that are the subject of the application for
the variance are conducted. The director shall give not less than
twenty days' notice of the hearing to the applicant by certified
mail or by another type of mail accompanied by a receipt and shall
publish at least one notice of the hearing in a newspaper with
general circulation in the county where the hearing is to be held.
The director shall make available for public inspection at the
principal office of the environmental protection agency a current
list of pending applications for variances and a current schedule
of pending variance hearings. The director shall make a complete
stenographic record of testimony and other evidence submitted at
the hearing. Within ten days after the hearing, the director shall
make a written determination to issue, renew, or deny the variance
and shall enter the determination and the basis for it into the
record of the hearing. The director shall issue, renew, or deny an
application for a variance or renewal of a variance within six
months of the date upon which the director receives a complete
application with all pertinent information and data required. No
variance shall be issued, revoked, modified, or denied until the
director has considered the relative interests of the applicant,
other persons and property affected by the variance, and the
general public. Any variance granted under this division shall be
for a period specified by the director and may be renewed from
time to time on such terms and for such periods as the director
determines to be appropriate. No application shall be denied and
no variance shall be revoked or modified without a written order
stating the findings upon which the denial, revocation, or
modification is based. A copy of the order shall be sent to the
applicant or variance holder by certified mail or by another type
of mail accompanied by a receipt.
(B) The director shall prescribe and furnish the forms
necessary to administer and enforce this chapter. The director may
cooperate with and enter into agreements with other state, local,
or federal agencies to carry out the purposes of this chapter. The
director may exercise all incidental powers necessary to carry out
the purposes of this chapter.
The director may use moneys in the infectious waste
management fund created in section 3734.021 of the Revised Code
exclusively for administering and enforcing the provisions of this
chapter governing the management of infectious wastes.
(C) Except as provided in this division and divisions (N)(2)
and (3) of this section, no person shall establish a new solid
waste facility or infectious waste treatment facility, or modify
an existing solid waste facility or infectious waste treatment
facility, without submitting an application for a permit with
accompanying detail plans, specifications, and information
regarding the facility and method of operation and receiving a
permit issued by the director, except that no permit shall be
required under this division to install or operate a solid waste
facility for sewage sludge treatment or disposal when the
treatment or disposal is authorized by a current permit issued
under Chapter 3704. or 6111. of the Revised Code.
No person shall continue to operate a solid waste facility
for which the director has denied a permit for which an
application was required under division (A)(3) of section 3734.05
of the Revised Code, or for which the director has disapproved
plans and specifications required to be filed by an order issued
under division (A)(5) of that section, after the date prescribed
for commencement of closure of the facility in the order issued
under division (A)(6) of section 3734.05 of the Revised Code
denying the permit application or approval.
On and after the effective date of the rules adopted under
division (A) of this section and division (D) of section 3734.12
of the Revised Code governing solid waste transfer facilities, no
person shall establish a new, or modify an existing, solid waste
transfer facility without first submitting an application for a
permit with accompanying engineering detail plans, specifications,
and information regarding the facility and its method of operation
to the director and receiving a permit issued by the director.
No person shall establish a new compost facility or continue
to operate an existing compost facility that accepts exclusively
source separated yard wastes without submitting a completed
registration for the facility to the director in accordance with
rules adopted under divisions (A) and (N)(3) of this section.
This division does not apply to a generator of infectious
wastes that does any of the following:
(1) Treats, by methods, techniques, and practices established
by rules adopted under division (B)(2)(a) of section 3734.021 of
the Revised Code, any of the following:
(a) Infectious wastes that are generated on any premises that
are owned or operated by the generator;
(b) Infectious wastes that are generated by a generator who
has staff privileges at a hospital as defined in section 3727.01
of the Revised Code;
(c) Infectious wastes that are generated in providing care to
a patient by an emergency medical services organization as defined
in section 4765.01 of the Revised Code.
(2) Holds a license or renewal of a license to operate a
crematory facility issued under Chapter 4717. and a permit issued
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, or
the blood of animals, and is subject to any of the following:
(a) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(b) Chapter 918. of the Revised Code;
(c) Chapter 953. of the Revised Code.
(D) Neither this chapter nor any rules adopted under it apply
to single-family residential premises; to infectious wastes
generated by individuals for purposes of their own care or
treatment; to the temporary storage of solid wastes, other than
scrap tires, prior to their collection for disposal; to the
storage of one hundred or fewer scrap tires unless they are stored
in such a manner that, in the judgment of the director or the
board of health of the health district in which the scrap tires
are stored, the storage causes a nuisance, a hazard to public
health or safety, or a fire hazard; or to the collection of solid
wastes, other than scrap tires, by a political subdivision or a
person holding a franchise or license from a political subdivision
of the state; to composting, as defined in section 1511.01 939.01
of the Revised Code, conducted in accordance with section 1511.022
939.04 of the Revised Code; or to any person who is licensed to
transport raw rendering material to a compost facility pursuant to
section 953.23 of the Revised Code.
(E)(1) As used in this division:
(a) "On-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated on the premises
of the facility.
(b) "Off-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated off the premises
of the facility and includes such a facility that is also an
on-site facility.
(c) "Satellite facility" means any of the following:
(i) An on-site facility that also receives hazardous waste
from other premises owned by the same person who generates the
waste on the facility premises;
(ii) An off-site facility operated so that all of the
hazardous waste it receives is generated on one or more premises
owned by the person who owns the facility;
(iii) An on-site facility that also receives hazardous waste
that is transported uninterruptedly and directly to the facility
through a pipeline from a generator who is not the owner of the
facility.
(2) Except as provided in division (E)(3) of this section, no
person shall establish or operate a hazardous waste facility, or
use a solid waste facility for the storage, treatment, or disposal
of any hazardous waste, without a hazardous waste facility
installation and operation permit issued in accordance with
section 3734.05 of the Revised Code and subject to the payment of
an application fee not to exceed one thousand five hundred
dollars, payable upon application for a hazardous waste facility
installation and operation permit and upon application for a
renewal permit issued under division (H) of section 3734.05 of the
Revised Code, to be credited to the hazardous waste facility
management fund created in section 3734.18 of the Revised Code.
The term of a hazardous waste facility installation and operation
permit shall not exceed ten years.
In addition to the application fee, there is hereby levied an
annual permit fee to be paid by the permit holder upon the
anniversaries of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits and to be credited to the hazardous waste facility
management fund. Annual permit fees totaling forty thousand
dollars or more for any one facility may be paid on a quarterly
basis with the first quarterly payment each year being due on the
anniversary of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits. The annual permit fee shall be determined for
each permit holder by the director in accordance with the
following schedule:
TYPE OF BASIC |
|
|
|
|
|
|
MANAGEMENT UNIT |
|
TYPE OF FACILITY |
|
FEE |
|
|
Storage facility using: |
|
|
|
|
|
|
Containers |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
$ 500 |
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
500 |
|
|
Waste pile |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
3,000 |
|
|
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Disposal facility using: |
|
|
|
|
|
|
Deep well injection |
|
On-site and satellite |
|
15,000 |
|
|
|
|
Off-site |
|
25,000 |
|
|
Landfill |
|
On-site and satellite |
|
25,000 |
|
|
|
|
Off-site |
|
40,000 |
|
|
Land application |
|
On-site and satellite |
|
2,500 |
|
|
|
|
Off-site |
|
5,000 |
|
|
Surface impoundment |
|
On-site and satellite |
|
10,000 |
|
|
|
|
Off-site |
|
20,000 |
|
|
Treatment facility using: |
|
|
|
|
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
700 |
|
|
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Incinerator |
|
On-site and satellite |
|
5,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Other forms |
|
|
|
|
|
|
of treatment |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
1,000 |
|
|
A hazardous waste disposal facility that disposes of
hazardous waste by deep well injection and that pays the annual
permit fee established in section 6111.046 of the Revised Code is
not subject to the permit fee established in this division for
disposal facilities using deep well injection unless the director
determines that the facility is not in compliance with applicable
requirements established under this chapter and rules adopted
under it.
In determining the annual permit fee required by this
section, the director shall not require additional payments for
multiple units of the same method of storage, treatment, or
disposal or for individual units that are used for both storage
and treatment. A facility using more than one method of storage,
treatment, or disposal shall pay the permit fee indicated by the
schedule for each such method.
The director shall not require the payment of that portion of
an annual permit fee of any permit holder that would apply to a
hazardous waste management unit for which a permit has been
issued, but for which construction has not yet commenced. Once
construction has commenced, the director shall require the payment
of a part of the appropriate fee indicated by the schedule that
bears the same relationship to the total fee that the number of
days remaining until the next anniversary date at which payment of
the annual permit fee is due bears to three hundred sixty-five.
The director, by rules adopted in accordance with Chapters
119. and 3745. of the Revised Code, shall prescribe procedures for
collecting the annual permit fee established by this division and
may prescribe other requirements necessary to carry out this
division.
(3) The prohibition against establishing or operating a
hazardous waste facility without a hazardous waste facility
installation and operation permit does not apply to either of the
following:
(a) A facility that is operating in accordance with a permit
renewal issued under division (H) of section 3734.05 of the
Revised Code, a revision issued under division (I) of that section
as it existed prior to August 20, 1996, or a modification issued
by the director under division (I) of that section on and after
August 20, 1996;
(b) Except as provided in division (J) of section 3734.05 of
the Revised Code, a facility that will operate or is operating in
accordance with a permit by rule, or that is not subject to permit
requirements, under rules adopted by the director. In accordance
with Chapter 119. of the Revised Code, the director shall adopt,
and subsequently may amend, suspend, or rescind, rules for the
purposes of division (E)(3)(b) of this section. Any rules so
adopted shall be consistent with and equivalent to regulations
pertaining to interim status adopted under the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.
6921, as amended, except as otherwise provided in this chapter.
If a modification is requested or proposed for a facility
described in division (E)(3)(a) or (b) of this section, division
(I)(7) of section 3734.05 of the Revised Code applies.
(F) No person shall store, treat, or dispose of hazardous
waste identified or listed under this chapter and rules adopted
under it, regardless of whether generated on or off the premises
where the waste is stored, treated, or disposed of, or transport
or cause to be transported any hazardous waste identified or
listed under this chapter and rules adopted under it to any other
premises, except at or to any of the following:
(1) A hazardous waste facility operating under a permit
issued in accordance with this chapter;
(2) A facility in another state operating under a license or
permit issued in accordance with the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended;
(3) A facility in another nation operating in accordance with
the laws of that nation;
(4) A facility holding a permit issued pursuant to Title I of
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86
Stat. 1052, 33 U.S.C.A. 1401, as amended;
(5) A hazardous waste facility as described in division
(E)(3)(a) or (b) of this section.
(G) The director, by order, may exempt any person generating,
collecting, storing, treating, disposing of, or transporting solid
wastes, infectious wastes, or hazardous waste, or processing solid
wastes that consist of scrap tires, in such quantities or under
such circumstances that, in the determination of the director, are
unlikely to adversely affect the public health or safety or the
environment from any requirement to obtain a registration
certificate, permit, or license or comply with the manifest system
or other requirements of this chapter. Such an exemption shall be
consistent with and equivalent to any regulations adopted by the
administrator of the United States environmental protection agency
under the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise
provided in this chapter.
(H) No person shall engage in filling, grading, excavating,
building, drilling, or mining on land where a hazardous waste
facility, or a solid waste facility, was operated without prior
authorization from the director, who shall establish the procedure
for granting such authorization by rules adopted in accordance
with Chapter 119. of the Revised Code.
A public utility that has main or distribution lines above or
below the land surface located on an easement or right-of-way
across land where a solid waste facility was operated may engage
in any such activity within the easement or right-of-way without
prior authorization from the director for purposes of performing
emergency repair or emergency replacement of its lines; of the
poles, towers, foundations, or other structures supporting or
sustaining any such lines; or of the appurtenances to those
structures, necessary to restore or maintain existing public
utility service. A public utility may enter upon any such easement
or right-of-way without prior authorization from the director for
purposes of performing necessary or routine maintenance of those
portions of its existing lines; of the existing poles, towers,
foundations, or other structures sustaining or supporting its
lines; or of the appurtenances to any such supporting or
sustaining structure, located on or above the land surface on any
such easement or right-of-way. Within twenty-four hours after
commencing any such emergency repair, replacement, or maintenance
work, the public utility shall notify the director or the
director's authorized representative of those activities and shall
provide such information regarding those activities as the
director or the director's representative may request. Upon
completion of the emergency repair, replacement, or maintenance
activities, the public utility shall restore any land of the solid
waste facility disturbed by those activities to the condition
existing prior to the commencement of those activities.
(I) No owner or operator of a hazardous waste facility, in
the operation of the facility, shall cause, permit, or allow the
emission therefrom of any particulate matter, dust, fumes, gas,
mist, smoke, vapor, or odorous substance that, in the opinion of
the director, unreasonably interferes with the comfortable
enjoyment of life or property by persons living or working in the
vicinity of the facility, or that is injurious to public health.
Any such action is hereby declared to be a public nuisance.
(J) Notwithstanding any other provision of this chapter, in
the event the director finds an imminent and substantial danger to
public health or safety or the environment that creates an
emergency situation requiring the immediate treatment, storage, or
disposal of hazardous waste, the director may issue a temporary
emergency permit to allow the treatment, storage, or disposal of
the hazardous waste at a facility that is not otherwise authorized
by a hazardous waste facility installation and operation permit to
treat, store, or dispose of the waste. The emergency permit shall
not exceed ninety days in duration and shall not be renewed. The
director shall adopt, and may amend, suspend, or rescind, rules in
accordance with Chapter 119. of the Revised Code governing the
issuance, modification, revocation, and denial of emergency
permits.
(K) Except for infectious wastes generated by a person who
produces fewer than fifty pounds of infectious wastes at a
premises during any one month, no owner or operator of a sanitary
landfill shall knowingly accept for disposal, or dispose of, any
infectious wastes that have not been treated to render them
noninfectious.
(L) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt, and may amend, suspend, or rescind,
rules having uniform application throughout the state establishing
a training and certification program that shall be required for
employees of boards of health who are responsible for enforcing
the solid waste and infectious waste provisions of this chapter
and rules adopted under them and for persons who are responsible
for the operation of solid waste facilities or infectious waste
treatment facilities. The rules shall provide all of the
following, without limitation:
(1) The program shall be administered by the director and
shall consist of a course on new solid waste and infectious waste
technologies, enforcement procedures, and rules;
(2) The course shall be offered on an annual basis;
(3) Those persons who are required to take the course under
division (L) of this section shall do so triennially;
(4) Persons who successfully complete the course shall be
certified by the director;
(5) Certification shall be required for all employees of
boards of health who are responsible for enforcing the solid waste
or infectious waste provisions of this chapter and rules adopted
under them and for all persons who are responsible for the
operation of solid waste facilities or infectious waste treatment
facilities;
(6)(a) All employees of a board of health who, on the
effective date of the rules adopted under this division, are
responsible for enforcing the solid waste or infectious waste
provisions of this chapter and the rules adopted under them shall
complete the course and be certified by the director not later
than January 1, 1995;
(b) All employees of a board of health who, after the
effective date of the rules adopted under division (L) of this
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted
under them and who do not hold a current and valid certification
from the director at that time shall complete the course and be
certified by the director within two years after becoming
responsible for performing those activities.
No person shall fail to obtain the certification required
under this division.
(M) The director shall not issue a permit under section
3734.05 of the Revised Code to establish a solid waste facility,
or to modify a solid waste facility operating on December 21,
1988, in a manner that expands the disposal capacity or geographic
area covered by the facility, that is or is to be located within
the boundaries of a state park established or dedicated under
Chapter 1541. of the Revised Code, a state park purchase area
established under section 1541.02 of the Revised Code, any unit of
the national park system, or any property that lies within the
boundaries of a national park or recreation area, but that has not
been acquired or is not administered by the secretary of the
United States department of the interior, located in this state,
or any candidate area located in this state and identified for
potential inclusion in the national park system in the edition of
the "national park system plan" submitted under paragraph (b) of
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as amended, current at the time of filing of the
application for the permit, unless the facility or proposed
facility is or is to be used exclusively for the disposal of solid
wastes generated within the park or recreation area and the
director determines that the facility or proposed facility will
not degrade any of the natural or cultural resources of the park
or recreation area. The director shall not issue a variance under
division (A) of this section and rules adopted under it, or issue
an exemption order under division (G) of this section, that would
authorize any such establishment or expansion of a solid waste
facility within the boundaries of any such park or recreation
area, state park purchase area, or candidate area, other than a
solid waste facility exclusively for the disposal of solid wastes
generated within the park or recreation area when the director
determines that the facility will not degrade any of the natural
or cultural resources of the park or recreation area.
(N)(1) The rules adopted under division (A) of this section,
other than those governing variances, do not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities.
Those facilities are subject to and governed by rules adopted
under sections 3734.70 to 3734.73 of the Revised Code, as
applicable.
(2) Division (C) of this section does not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities.
The establishment and modification of those facilities are subject
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised
Code, as applicable.
(3) The director may adopt, amend, suspend, or rescind rules
under division (A) of this section creating an alternative system
for authorizing the establishment, operation, or modification of a
solid waste compost facility in lieu of the requirement that a
person seeking to establish, operate, or modify a solid waste
compost facility apply for and receive a permit under division (C)
of this section and section 3734.05 of the Revised Code and a
license under division (A)(1) of that section. The rules may
include requirements governing, without limitation, the
classification of solid waste compost facilities, the submittal of
operating records for solid waste compost facilities, and the
creation of a registration or notification system in lieu of the
issuance of permits and licenses for solid waste compost
facilities. The rules shall specify the applicability of divisions
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised
Code to a solid waste compost facility.
(O)(1) As used in this division, "secondary aluminum waste"
means waste material or byproducts, when disposed of, containing
aluminum generated from secondary aluminum smelting operations and
consisting of dross, salt cake, baghouse dust associated with
aluminum recycling furnace operations, or dry-milled wastes.
(2) The owner or operator of a sanitary landfill shall not
dispose of municipal solid waste that has been commingled with
secondary aluminum waste.
(3) The owner or operator of a sanitary landfill may dispose
of secondary aluminum waste, but only in a monocell or monofill
that has been permitted for that purpose in accordance with this
chapter and rules adopted under it.
(P)(1) As used in divisions (P) and (Q) of this section:
(a) "Natural background" means two picocuries per gram or the
actual number of picocuries per gram as measured at an individual
solid waste facility, subject to verification by the director of
health.
(b) "Drilling operation" includes a production operation as
defined in section 1509.01 of the Revised Code.
(2) The owner or operator of a solid waste facility shall not
accept for transfer or disposal technologically enhanced naturally
occurring radioactive material if that material contains or is
contaminated with radium-226, radium-228, or any combination of
radium-226 and radium-228 at concentrations equal to or greater
than five picocuries per gram above natural background.
(3) The owner or operator of a solid waste facility may
receive and process for purposes other than transfer or disposal
technologically enhanced naturally occurring radioactive material
that contains or is contaminated with radium-226, radium-228, or
any combination of radium-226 and radium-228 at concentrations
equal to or greater than five picocuries per gram above natural
background, provided that the owner or operator has obtained and
maintains all other necessary authorizations, including any
authorization required by rules adopted by the director of health
under section 3748.04 of the Revised Code.
(4) The director of environmental protection may adopt rules
in accordance with Chapter 119. of the Revised Code governing the
receipt, acceptance, processing, handling, management, and
disposal by solid waste facilities of material that contains or is
contaminated with radioactive material, including, without
limitation, technologically enhanced naturally occurring
radioactive material that contains or is contaminated with
radium-226, radium-228, or any combination of radium-226 and
radium-228 at concentrations less than five picocuries per gram
above natural background. Rules adopted by the director may
include at a minimum both of the following:
(a) Requirements in accordance with which the owner or
operator of a solid waste facility must monitor leachate and
ground water for radium-226, radium-228, and other radionuclides;
(b) Requirements in accordance with which the owner or
operator of a solid waste facility must develop procedures to
ensure that technologically enhanced naturally occurring
radioactive material accepted at the facility neither contains nor
is contaminated with radium-226, radium-228, or any combination of
radium-226 and radium-228 at concentrations equal to or greater
than five picocuries per gram above natural background.
(Q) Notwithstanding any other provision of this section, the
owner or operator of a solid waste facility shall not receive,
accept, process, handle, manage, or dispose of technologically
enhanced naturally occurring radioactive material associated with
drilling operations without first obtaining representative
analytical results to determine compliance with divisions (P)(2)
and (3) of this section and rules adopted under it.
Sec. 3734.029. (A)(1) Except as otherwise provided in
division (A)(2) of this section, the standards of quality for
compost products established in rules adopted under division (A)
of section 3734.028 of the Revised Code apply to compost products
produced by a facility composting dead animals that is subject to
section 1511.022 939.04 of the Revised Code in addition to compost
products produced by facilities subject to this chapter.
(2) The standards of quality established in rules adopted
under division (A) of section 3734.028 of the Revised Code do not
apply to the use, distribution for use, or giving away of the
compost products produced by a composting facility subject to
section 1511.022 939.04 of the Revised Code when either of the
following applies:
(a) The composting is conducted by the person who raises the
animals and the compost product is used in agricultural operations
owned or operated by that person, regardless of whether the person
owns the animals;.
(b) The composting is conducted by the person who owns the
animals, but does not raise them and the compost product is used
in agricultural operations either by a person who raises the
animals or by a person who raises grain that is used to feed them
and that is supplied by the owner of the animals.
(B) No owner or operator of a composting facility that is
subject to regulation under section 1511.022 939.04 of the Revised
Code shall sell or offer for sale at retail or wholesale,
distribute for use, or give away any compost product that does not
comply with the standard of quality applicable under division (A)
of this section for the use for which the product is being sold,
offered for sale, distributed, or given away.
No person shall violate this division.
Sec. 3745.70. As used in sections 3745.70 to 3745.73 of the
Revised Code:
(A) "Environmental audit" means a voluntary, thorough, and
discrete self-evaluation of one or more activities at one or more
facilities or properties that is documented; is designed to
improve compliance, or identify, correct, or prevent
noncompliance, with environmental laws; and is conducted by the
owner or operator of a facility or property or the owner's or
operator's employee or independent contractor. An environmental
audit may be conducted by the owner or operator of a facility or
property, the owner's or operator's employees, or independent
contractors. Once initiated, an audit shall be completed within a
reasonable time, not to exceed six months, unless a written
request for an extension is approved by the head officer of the
governmental agency, or division or office thereof, with
jurisdiction over the activities being audited based on a showing
of reasonable grounds. An audit shall not be considered to be
initiated until the owner or operator or the owner's or operator's
employee or independent contractor actively has begun the
self-evaluation of environmental compliance.
(B) "Activity" means any process, procedure, or function that
is subject to environmental laws.
(C) "Voluntary" means, with respect to an environmental audit
of a particular activity, that both of the following apply when
the audit of that activity commences:
(1) The audit is not required by law, prior litigation, or an
order by a court or a government agency;
(2) The owner or operator who conducts the audit does not
know or have reason to know that a government agency has commenced
an investigation or enforcement action that concerns a violation
of environmental laws involving the activity or that such an
investigation or enforcement action is imminent.
(D) "Environmental audit report" means interim or final data,
documents, records, or plans that are necessary to an
environmental audit and are collected, developed, made, and
maintained in good faith as part of the audit, and may include,
without limitation:
(1) Analytical data, laboratory reports, field notes and
records of observations, findings, opinions, suggestions,
conclusions, drafts, memoranda, drawings, photographs,
computer-generated or electronically recorded information, maps,
charts, graphs, and surveys;
(2) Reports that describe the scope, objectives, and methods
of the environmental audit, audit management policies, the
information gained by the environmental audit, and conclusions and
recommendations together with exhibits and appendices;
(3) Memoranda, documents, records, and plans analyzing the
environmental audit report or discussing implementation,
prevention, compliance, and remediation issues associated with the
environmental audit.
"Environmental audit report" does not mean corrective or
remedial action taken pursuant to an environmental audit.
(E) "Environmental laws" means sections 939.02, 1511.02, and
1531.29, Chapters 3704., 3734., 3745., 3746., 3750., 3751., 3752.,
6109., and 6111. of the Revised Code, and any other sections or
chapters of the Revised Code the principal purpose of which is
environmental protection; any federal or local counterparts or
extensions of those sections or chapters; rules adopted under any
such sections, chapters, counterparts, or extensions; and terms
and conditions of orders, permits, licenses, license renewals,
variances, exemptions, or plan approvals issued under such
sections, chapters, counterparts, or extensions.
Sec. 3750.081. (A) Notwithstanding any provision in this
chapter to the contrary, an owner or operator of a facility that
is regulated under Chapter 1509. of the Revised Code who has filed
a log in accordance with section 1509.10 of the Revised Code and a
production statement in accordance with section 1509.11 of the
Revised Code shall be deemed to have satisfied all of the
inventory, notification, listing, and other submission and filing
requirements established under this chapter, except for the
release reporting requirements established under section 3750.06
of the Revised Code, by complying with the requirements
established in section 1509.231 of the Revised Code.
(B) The emergency response commission and every local
emergency planning committee and fire department in this state
shall establish a means by which to access, view, and retrieve
information, through the use of the internet or a computer disk,
from the electronic database maintained by the division of oil and
gas resources management in the department of natural resources in
accordance with section 1509.23 1509.231 of the Revised Code. With
respect to facilities regulated under Chapter 1509. of the Revised
Code, the database shall be the means of providing and receiving
the information described in division (A) of this section.
Sec. 3750.13. (A)(1) Except as provided in division (A)(3)
or (4) of this section, the owner or operator of a facility
required to annually file an emergency and hazardous chemical
inventory form under section 3750.08 of the Revised Code shall
submit with the inventory form a filing fee of one hundred fifty
dollars. In addition to the filing fee, the owner or operator
shall submit with the inventory form the following additional fees
for reporting inventories of the individual hazardous chemicals
and extremely hazardous substances produced, used, or stored at
the facility:
(a) Except as provided in division (A)(1)(b) of this section,
an additional fee of twenty dollars per hazardous chemical
enumerated on the inventory form;
(b) An additional fee of one hundred fifty dollars per
extremely hazardous substance enumerated on the inventory form.
The fee established in division (A)(1)(a) of this section does not
apply to the reporting of the inventory of a hazardous chemical
that is also an extremely hazardous substance to which the
inventory reporting fee established in division (A)(1)(b) of this
section applies.
The total fees required to accompany any inventory form shall
not exceed twenty-five hundred dollars.
(2) An owner or operator of a facility who fails to submit
such an inventory form within thirty days after the applicable
filing date prescribed in section 3750.08 of the Revised Code
shall submit with the inventory form a late filing fee in the
amount of ten per cent per year of the total fees due under
division (A)(1) or (4) of this section, in addition to the fees
due under division (A)(1) or (4) of this section.
(3) The owner or operator of a facility who, during the
preceding year, was required to pay a fee to a municipal
corporation pursuant to an ordinance, rule, or requirement that
was in effect on the effective date of this section for the
reporting or providing of the names or amounts of extremely
hazardous substances or hazardous chemicals produced, used, or
stored at the facility may claim a credit against the fees due
under division (A)(1) or (4) of this section for the fees paid to
the municipal corporation pursuant to its reporting requirement.
The amount of the credit claimed in any reporting year shall not
exceed the amount of the fees due under division (A)(1) or (4) of
this section during that reporting year, and no unused portion of
the credit shall be carried over to subsequent years. In order to
claim a credit under this division, the owner or operator shall
submit with the emergency and hazardous chemical inventory form a
receipt issued by the municipal corporation or other documentation
acceptable to the commission indicating the amount of the fee paid
to the municipal corporation and the date on which the fee was
paid.
(4) An owner or operator who is regulated under Chapter 1509.
of the Revised Code and who submits information under section
1509.11 1509.231 of the Revised Code for not more than twenty-five
facilities shall submit to the emergency response commission on or
before the first day of March a flat fee of fifty dollars if the
facilities meet all of the following conditions:
(a) The facility exclusively stores crude oil or liquid
hydrocarbons or other fluids resulting, obtained, or produced in
connection with the production or storage of crude oil or natural
gas.
(b) The crude oil, liquid hydrocarbons, or other fluids
stored at the facility are conveyed directly to it through piping
or tubing.
(c) The facility is located on the same site as, or on a site
adjacent to, the well from which the crude oil, liquid
hydrocarbons, or other fluids are produced or obtained.
(d) The facility is used for the storage of the crude oil,
liquid hydrocarbons, or other fluids prior to their transportation
off the premises of the facility for sale, use, or disposal.
An owner or operator who submits information for more than
twenty-five facilities that meet all of the conditions prescribed
in divisions (A)(4)(a) to (d) of this section shall submit to the
commission a base fee of fifty dollars and an additional filing
fee of ten dollars for each facility reported in excess of
twenty-five, but not exceeding a total fee of nine hundred
dollars.
As used in division (A)(4) of this section, "owner or
operator" means the person who actually owns or operates any such
facility and any other person who controls, is controlled by, or
is under common control with the person who actually owns or
operates the facility.
(B) The emergency response commission and the local emergency
planning committee of an emergency planning district may establish
fees to be paid by persons, other than public officers or
employees, obtaining copies of documents or information submitted
to the commission or a committee under this chapter. The fees
shall be established at a level calculated to defray the costs to
the commission or committee for copying the documents or
information, but shall not exceed the maximum fees established in
rules adopted under division (B)(8) of section 3750.02 of the
Revised Code.
(C) Except as provided in this division and division (B) of
this section, and except for fees authorized by section 3737.22 of
the Revised Code or rules adopted under sections 3737.82 to
3737.882 of the Revised Code and collected exclusively for either
of those purposes, no committee or political subdivision shall
levy any fee, tax, excise, or other charge to carry out the
purposes of this chapter. A committee may charge the actual costs
involved in accessing any computerized data base established by
the commission under this chapter or by the United States
environmental protection agency under the "Emergency Planning and
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A.
11001.
(D) Moneys collected by the commission under this section
shall be credited to the emergency planning and community
right-to-know fund created in section 3750.14 of the Revised Code.
Sec. 3769.21. (A) A corporation may be formed pursuant to
Chapter 1702. of the Revised Code to establish a thoroughbred
horsemen's health and retirement fund and a corporation may be
formed pursuant to Chapter 1702. of the Revised Code to establish
a harness horsemen's health and retirement fund to be administered
for the benefit of horsemen. As used in this section, "horsemen"
includes any person involved in the owning, breeding, training,
grooming, or racing of horses which race in Ohio, except for the
owners or managers of race tracks. For purposes of the
thoroughbred horsemen's health and retirement fund, "horsemen"
also does not include trainers and grooms who are not members of
the thoroughbred horsemen's organization in this state. No more
than one corporation to establish a thoroughbred horsemen's health
and retirement fund and no more than one corporation to establish
a harness horsemen's health and retirement fund may be established
in Ohio pursuant to this section. The trustees of the corporation
formed to establish a thoroughbred horsemen's health and
retirement fund shall have the discretion to determine which
horsemen shall benefit from such fund.
(B) The articles of incorporation of both of the corporations
described in division (A) of this section shall provide for at
least the following:
(1) The corporation shall be governed by, and the health and
retirement fund shall be administered by, a board of three
trustees appointed pursuant to division (C) of this section for
staggered three-year terms.
(2) The board of trustees shall adopt and administer a plan
to provide health benefits, retirement benefits, or both to either
thoroughbred or harness horsemen.
(3) The sum paid to the corporation pursuant to division (G)
or (H) of section 3769.08 of the Revised Code and the video
lottery terminal revenue paid to the corporation pursuant to
section 3769.087 of the Revised Code shall be used exclusively to
establish and administer the health and retirement fund, and to
finance benefits paid to horsemen pursuant to the plan adopted
under division (B)(2) of this section.
(4) The articles of incorporation and code of regulations of
the corporation may be amended at any time by the board of
trustees pursuant to the method set forth in the articles of
incorporation and code of regulations, except that no amendment
shall be adopted which is inconsistent with this section.
(C) Within sixty days after the formation of each of the
corporations described in division (A) of this section, the state
racing commission shall appoint the members of the board of
trustees of that corporation. Vacancies shall be filled by the
state racing commission in the same manner as initial
appointments. Each trustee of the thoroughbred horsemen's health
and retirement fund appointed by the commission shall be active as
a thoroughbred horseman while serving a term as a trustee and
shall have been active as a thoroughbred horseman for at least
five years immediately prior to the commencement of any such term.
Each trustee of the harness horsemen's health and retirement fund
appointed by the commission shall be active as a harness horseman
while serving a term as a trustee and shall have been active as a
harness horseman for at least five years immediately prior to the
commencement of any such term. The incorporators of either such
corporation may serve as initial trustees until the state racing
commission acts pursuant to this section to make these
appointments.
(D) The intent of the general assembly in enacting this
section pursuant to Amended House Bill No. 639 of the 115th
general assembly was to fulfill a legitimate government
responsibility in a manner that would be more cost efficient and
effective than direct state agency administration by permitting
nonprofit corporations to be formed to establish health and
retirement funds for the benefit of harness and thoroughbred
horsemen, as it was determined that such persons were in need of
such benefits.
Sec. 3781.10. (A)(1) The board of building standards shall
formulate and adopt rules governing the erection, construction,
repair, alteration, and maintenance of all buildings or classes of
buildings specified in section 3781.06 of the Revised Code,
including land area incidental to those buildings, the
construction of industrialized units, the installation of
equipment, and the standards or requirements for materials used in
connection with those buildings. The board shall incorporate those
rules into separate residential and nonresidential building codes.
The standards shall relate to the conservation of energy and the
safety and sanitation of those buildings.
(2) The rules governing nonresidential buildings are the
lawful minimum requirements specified for those buildings and
industrialized units, except that no rule other than as provided
in division (C) of section 3781.108 of the Revised Code that
specifies a higher requirement than is imposed by any section of
the Revised Code is enforceable. The rules governing residential
buildings are uniform requirements for residential buildings in
any area with a building department certified to enforce the state
residential building code. In no case shall any local code or
regulation differ from the state residential building code unless
that code or regulation addresses subject matter not addressed by
the state residential building code or is adopted pursuant to
section 3781.01 of the Revised Code.
(3) The rules adopted pursuant to this section are complete,
lawful alternatives to any requirements specified for buildings or
industrialized units in any section of the Revised Code. Except as
otherwise provided in division (I) of this section, the board
shall, on its own motion or on application made under sections
3781.12 and 3781.13 of the Revised Code, formulate, propose,
adopt, modify, amend, or repeal the rules to the extent necessary
or desirable to effectuate the purposes of sections 3781.06 to
3781.18 of the Revised Code.
(B) The board shall report to the general assembly proposals
for amendments to existing statutes relating to the purposes
declared in section 3781.06 of the Revised Code that public health
and safety and the development of the arts require and shall
recommend any additional legislation to assist in carrying out
fully, in statutory form, the purposes declared in that section.
The board shall prepare and submit to the general assembly a
summary report of the number, nature, and disposition of the
petitions filed under sections 3781.13 and 3781.14 of the Revised
Code.
(C) On its own motion or on application made under sections
3781.12 and 3781.13 of the Revised Code, and after thorough
testing and evaluation, the board shall determine by rule that any
particular fixture, device, material, process of manufacture,
manufactured unit or component, method of manufacture, system, or
method of construction complies with performance standards adopted
pursuant to section 3781.11 of the Revised Code. The board shall
make its determination with regard to adaptability for safe and
sanitary erection, use, or construction, to that described in any
section of the Revised Code, wherever the use of a fixture,
device, material, method of manufacture, system, or method of
construction described in that section of the Revised Code is
permitted by law. The board shall amend or annul any rule or issue
an authorization for the use of a new material or manufactured
unit on any like application. No department, officer, board, or
commission of the state other than the board of building standards
or the board of building appeals shall permit the use of any
fixture, device, material, method of manufacture, newly designed
product, system, or method of construction at variance with what
is described in any rule the board of building standards adopts or
issues or that is authorized by any section of the Revised Code.
Nothing in this section shall be construed as requiring approval,
by rule, of plans for an industrialized unit that conforms with
the rules the board of building standards adopts pursuant to
section 3781.11 of the Revised Code.
(D) The board shall recommend rules, codes, and standards to
help carry out the purposes of section 3781.06 of the Revised Code
and to help secure uniformity of state administrative rulings and
local legislation and administrative action to the bureau of
workers' compensation, the director of commerce, any other
department, officer, board, or commission of the state, and to
legislative authorities and building departments of counties,
townships, and municipal corporations, and shall recommend that
they audit those recommended rules, codes, and standards by any
appropriate action that they are allowed pursuant to law or the
constitution.
(E)(1) The board shall certify municipal, township, and
county building departments and the personnel of those building
departments, and persons and employees of individuals, firms, or
corporations as described in division (E)(7) of this section to
exercise enforcement authority, to accept and approve plans and
specifications, and to make inspections, pursuant to sections
3781.03, 3791.04, and 4104.43 of the Revised Code.
(2) The board shall certify departments, personnel, and
persons to enforce the state residential building code, to enforce
the nonresidential building code, or to enforce both the
residential and the nonresidential building codes. Any department,
personnel, or person may enforce only the type of building code
for which certified.
(3) The board shall not require a building department, its
personnel, or any persons that it employs to be certified for
residential building code enforcement if that building department
does not enforce the state residential building code. The board
shall specify, in rules adopted pursuant to Chapter 119. of the
Revised Code, the requirements for certification for residential
and nonresidential building code enforcement, which shall be
consistent with this division. The requirements for residential
and nonresidential certification may differ. Except as otherwise
provided in this division, the requirements shall include, but are
not limited to, the satisfactory completion of an initial
examination and, to remain certified, the completion of a
specified number of hours of continuing building code education
within each three-year period following the date of certification
which shall be not less than thirty hours. The rules shall provide
that continuing education credits and certification issued by the
council of American building officials, national model code
organizations, and agencies or entities the board recognizes are
acceptable for purposes of this division. The rules shall specify
requirements that are consistent with the provisions of section
5903.12 of the Revised Code relating to active duty military
service and are compatible, to the extent possible, with
requirements the council of American building officials and
national model code organizations establish.
(4) The board shall establish and collect a certification and
renewal fee for building department personnel, and persons and
employees of persons, firms, or corporations as described in this
section, who are certified pursuant to this division.
(5) Any individual certified pursuant to this division shall
complete the number of hours of continuing building code education
that the board requires or, for failure to do so, forfeit
certification.
(6) This division does not require or authorize the board to
certify personnel of municipal, township, and county building
departments, and persons and employees of persons, firms, or
corporations as described in this section, whose responsibilities
do not include the exercise of enforcement authority, the approval
of plans and specifications, or making inspections under the state
residential and nonresidential building codes.
(7) Enforcement authority for approval of plans and
specifications and enforcement authority for inspections may be
exercised, and plans and specifications may be approved and
inspections may be made on behalf of a municipal corporation,
township, or county, by any of the following who the board of
building standards certifies:
(a) Officers or employees of the municipal corporation,
township, or county;
(b) Persons, or employees of persons, firms, or corporations,
pursuant to a contract to furnish architectural, engineering, or
other services to the municipal corporation, township, or county;
(c) Officers or employees of, and persons under contract
with, a municipal corporation, township, county, health district,
or other political subdivision, pursuant to a contract to furnish
architectural, engineering, or other services.
(8) Municipal, township, and county building departments have
jurisdiction within the meaning of sections 3781.03, 3791.04, and
4104.43 of the Revised Code, only with respect to the types of
buildings and subject matters for which they are certified under
this section.
(9) A certified municipal, township, or county building
department may exercise enforcement authority, accept and approve
plans and specifications, and make inspections pursuant to
sections 3781.03, 3791.04, and 4104.43 of the Revised Code for a
park district created pursuant to Chapter 1545. of the Revised
Code upon the approval, by resolution, of the board of park
commissioners of the park district requesting the department to
exercise that authority and conduct those activities, as
applicable.
(10) Certification shall be granted upon application by the
municipal corporation, the board of township trustees, or the
board of county commissioners and approval of that application by
the board of building standards. The application shall set forth:
(a) Whether the certification is requested for residential or
nonresidential buildings, or both;
(b) The number and qualifications of the staff composing the
building department;
(c) The names, addresses, and qualifications of persons,
firms, or corporations contracting to furnish work or services
pursuant to division (E)(7)(b) of this section;
(d) The names of any other municipal corporation, township,
county, health district, or political subdivision under contract
to furnish work or services pursuant to division (E)(7) of this
section;
(e) The proposed budget for the operation of the building
department.
(10)(11) The board of building standards shall adopt rules
governing all of the following:
(a) The certification of building department personnel and
persons and employees of persons, firms, or corporations
exercising authority pursuant to division (E)(7) of this section.
The rules shall disqualify any employee of the department or
person who contracts for services with the department from
performing services for the department when that employee or
person would have to pass upon, inspect, or otherwise exercise
authority over any labor, material, or equipment the employee or
person furnishes for the construction, alteration, or maintenance
of a building or the preparation of working drawings or
specifications for work within the jurisdictional area of the
department. The department shall provide other similarly qualified
personnel to enforce the residential and nonresidential building
codes as they pertain to that work.
(b) The minimum services to be provided by a certified
building department.
(11)(12) The board of building standards may revoke or
suspend certification to enforce the residential and
nonresidential building codes, on petition to the board by any
person affected by that enforcement or approval of plans, or by
the board on its own motion. Hearings shall be held and appeals
permitted on any proceedings for certification or revocation or
suspension of certification in the same manner as provided in
section 3781.101 of the Revised Code for other proceedings of the
board of building standards.
(12)(13) Upon certification, and until that authority is
revoked, any county or township building department shall enforce
the residential and nonresidential building codes for which it is
certified without regard to limitation upon the authority of
boards of county commissioners under Chapter 307. of the Revised
Code or boards of township trustees under Chapter 505. of the
Revised Code.
(F) In addition to hearings sections 3781.06 to 3781.18 and
3791.04 of the Revised Code require, the board of building
standards shall make investigations and tests, and require from
other state departments, officers, boards, and commissions
information the board considers necessary or desirable to assist
it in the discharge of any duty or the exercise of any power
mentioned in this section or in sections 3781.06 to 3781.18,
3791.04, and 4104.43 of the Revised Code.
(G) The board shall adopt rules and establish reasonable fees
for the review of all applications submitted where the applicant
applies for authority to use a new material, assembly, or product
of a manufacturing process. The fee shall bear some reasonable
relationship to the cost of the review or testing of the
materials, assembly, or products and for the notification of
approval or disapproval as provided in section 3781.12 of the
Revised Code.
(H) The residential construction advisory committee shall
provide the board with a proposal for a state residential building
code that the committee recommends pursuant to division (D)(1) of
section 4740.14 of the Revised Code. Upon receiving a
recommendation from the committee that is acceptable to the board,
the board shall adopt rules establishing that code as the state
residential building code.
(I)(1) The committee may provide the board with proposed
rules to update or amend the state residential building code that
the committee recommends pursuant to division (E) of section
4740.14 of the Revised Code.
(2) If the board receives a proposed rule to update or amend
the state residential building code as provided in division (I)(1)
of this section, the board either may accept or reject the
proposed rule for incorporation into the residential building
code. If the board does not act to either accept or reject the
proposed rule within ninety days after receiving the proposed rule
from the committee as described in division (I)(1) of this
section, the proposed rule shall become part of the residential
building code.
(J) The board shall cooperate with the director of job and
family services when the director promulgates rules pursuant to
section 5104.05 of the Revised Code regarding safety and
sanitation in type A family day-care homes.
(K) The board shall adopt rules to implement the requirements
of section 3781.108 of the Revised Code.
Sec. 4507.021. (A) No person shall drive, operate, draw,
move, or propel an agricultural tractor or implement of husbandry
upon a street or highway in either of the following circumstances
unless the person has a current, valid driver's or commercial
driver's license:
(1) At a speed greater than twenty-five miles per hour; or
(2) While transporting persons in or on a trailer or unit of
farm machinery.
(B) Division (A) of this section does not apply to a person
operating an agricultural tractor or implement of husbandry on a
street or highway in order to conduct an agricultural activity.
For purposes of this division, "agricultural activity" is any
activity related to agriculture as defined in section 1.61 of the
Revised Code.
(C) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 4507.03. (A)(1) No person shall be required to obtain a
driver's or commercial driver's license for the purpose of
temporarily driving, operating, drawing, moving, or propelling a
road roller or road machinery upon a street or highway.
(2) No Except as provided in section 4507.021 of the Revised
Code, no person shall be required to obtain a driver's or
commercial driver's license for the purpose of temporarily
driving, operating, drawing, moving, or propelling any
agricultural tractor or implement of husbandry upon a street or
highway at a speed of twenty-five miles per hour or less.
(3) No person shall drive, operate, draw, move, or propel any
agricultural tractor or implement of husbandry upon a street or
highway at a speed greater than twenty-five miles per hour unless
the person has a current, valid driver's or commercial driver's
license.
(4) No person having a valid driver's or commercial driver's
license shall be required to have a motorcycle operator's
endorsement to operate a motorcycle having three wheels with a
motor of not more than fifty cubic centimeters piston
displacement.
(B) Every person on active duty in the armed forces of the
United States, when furnished with a driver's permit and when
operating an official motor vehicle in connection with such duty,
is exempt from the license requirements of Chapters 4506. and
4507. of the Revised Code.
Every person on active duty in the armed forces of the United
States or in service with the peace corps, volunteers in service
to America, or the foreign service of the United States is exempt
from the license requirements of those chapters for the period of
the person's active duty or service and for six months thereafter,
provided the person was a licensee under those chapters at the
time the person commenced the person's active duty or service. The
spouse or a dependent of any such person on active duty or in
service also is exempt from the license requirements of those
chapters for the period of the person's active duty or service and
for six months thereafter, provided the spouse or dependent was a
licensee under those chapters at the time the person commenced the
active duty or service, and provided further that the person's
active duty or service causes the spouse or dependent to relocate
outside of this state during the period of the active duty or
service.
This section does not prevent such a person or the person's
spouse or dependent from making an application, as provided in
division (C) of section 4507.10 of the Revised Code, for the
renewal of a driver's license or motorcycle operator's endorsement
or as provided in section 4506.14 of the Revised Code for the
renewal of a commercial driver's license during the period of the
person's active duty or service.
(C) Whoever violates division (A)(3) of this section is
guilty of a misdemeanor of the first degree.
Sec. 4707.02. (A) No person shall act as an auction firm,
auctioneer, apprentice auctioneer, or special auctioneer within
this state without a license issued by the department of
agriculture. No auction shall be conducted in this state except by
an auctioneer licensed by the department.
The Except as provided in this division, the department shall
not issue or renew a license if the applicant or licensee has been
convicted of a felony or crime involving fraud or theft in this or
another state at any time during the ten years immediately
preceding application or renewal.
However, the department may
issue or renew a license if the applicant or licensee has not been
convicted of more than one felony or crime involving fraud or
theft in this or another state at any time during the ten years
immediately preceding application or renewal if the conviction
does not directly relate to conducting an auction or acting as an
auctioneer.
(B) Division (A) of this section does not apply to any of the
following:
(1) Sales at auction that either are required by law to be at
auction, other than sales pursuant to a judicial order or decree,
or are conducted by or under the direction of a public authority;
(2) The owner of any real or personal property desiring to
sell the property at auction, provided that the property was not
acquired for the purpose of resale;
(3) An auction mediation company;
(4) An auction that is conducted in a course of study for
auctioneers that is approved by the state auctioneers commission
created under section 4707.03 of the Revised Code for purposes of
student training and is supervised by a licensed auctioneer;
(5)(a) An auction that is sponsored by a nonprofit or
charitable organization that is registered in this state under
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,
if the auction only involves the property of the members of the
organization and the auction is part of a fair that is organized
by an agricultural society under Chapter 1711. of the Revised Code
or by the Ohio expositions commission under Chapter 991. of the
Revised Code at which an auctioneer who is licensed under this
chapter physically conducts the auction; or
(b) Sales at an auction sponsored by a charitable, religious,
or civic organization that is tax exempt under subsection
501(c)(3) of the Internal Revenue Code, or by a public school,
chartered nonpublic school, or community school, if no person in
the business of organizing, arranging, or conducting an auction
for compensation and no consignor of consigned items sold at the
auction, except such organization or school, receives compensation
from the proceeds of the auction. As used in division (B)(5)(b) of
this section, "compensation" means money, a thing of value other
than participation in a charitable event, or a financial benefit.
(6) A person licensed as a livestock dealer under Chapter
943. of the Revised Code who exclusively sells livestock and uses
an auctioneer who is licensed under this chapter to conduct the
auction;
(7) A person licensed as a motor vehicle auction owner under
Chapter 4517. of the Revised Code who exclusively sells motor
vehicles to a person licensed under Chapter 4517. of the Revised
Code and who uses an auctioneer who is licensed under this chapter
to conduct the auction;
(8) A person who sells real or personal property by means of
the internet;
(9) A bid calling contest that is approved by the commission
and that is conducted for the purposes of the advancement or
promotion of the auction profession in this state, provided that
no compensation is paid to the sponsor of or participants in the
contest other than a prize or award for winning the contest;
(10) An auction at which the champion of a national or
international bid calling contest appears, provided that both of
the following apply:
(a) The champion is not paid a commission.
(b) The auction is conducted under the direct supervision of
an auctioneer licensed under this chapter in order to ensure that
the champion complies with this chapter and rules adopted under
it.
(C)(1) No person shall advertise or hold oneself out as an
auction firm, auctioneer, apprentice auctioneer, or special
auctioneer without a license issued by the department of
agriculture.
(2) Division (C)(1) of this section does not apply to an
individual who is the subject of an advertisement regarding an
auction conducted under division (B)(5)(b) of this section.
Sec. 4905.71. (A) Every telephone or electric light company
that is a public utility as defined by section 4905.02 of the
Revised Code and, subject to section 4927.15 of the Revised Code,
every incumbent local exchange carrier as defined by section
4927.01 of the Revised Code shall permit, upon reasonable terms
and conditions and the payment of reasonable charges, the
attachment of any wire, cable, facility, or apparatus to its
poles, pedestals, or placement of same in conduit duct space, by
any person or entity other than a public utility that is
authorized and has obtained, under law, any necessary public or
private authorization and permission to construct and maintain the
attachment, so long as the attachment does not interfere,
obstruct, or delay the service and operation of the telephone or
electric light company or carrier, or create a hazard to safety.
Every such telephone or electric light company or carrier shall
file tariffs with the public utilities commission containing the
charges, terms, and conditions established for such use.
(B) The commission shall regulate the justness and
reasonableness of the charges, terms, and conditions contained in
any such tariff, and may, upon complaint of any persons in which
it appears that reasonable grounds for complaint are stated, or
upon its own initiative, investigate such charges, terms, and
conditions and conduct a hearing to establish just and reasonable
charges, terms, and conditions, and to resolve any controversy
that may arise among the parties as to such attachment.
Sec. 4927.01. (A) As used in this chapter:
(1) "Basic local exchange service" means residential-end-user
access to and usage of telephone-company-provided services over a
single line or small-business-end-user access to and usage of
telephone-company-provided services over the primary access line
of service, which in the case of residential and small-business
access and usage is not part of a bundle or package of services,
that does both of the following:
(a) Enables a customer to originate or receive voice
communications within a local service area as that area exists on
September 13, 2010, the effective date of the amendment of this
section by S.B. 162 of the 128th general assembly or as that area
is changed with the approval of the public utilities commission;
(b) Consists of all of the following services:
(i) Local dial tone service;
(ii) For residential end users, flat-rate telephone exchange
service;
(iii) Touch tone dialing service;
(iv) Access to and usage of 9-1-1 services, where such
services are available;
(v) Access to operator services and directory assistance;
(vi) Provision of a telephone directory in any reasonable
format for no additional charge and a listing in that directory,
with reasonable accommodations made for private listings;
(vii) Per call, caller identification blocking services;
(viii) Access to telecommunications relay service; and
(ix) Access to toll presubscription, interexchange or toll
providers or both, and networks of other telephone companies.
"Basic local exchange service" excludes any voice service to
which customers are transitioned following a withdrawal of basic
local exchange service under section 4927.10 of the Revised Code.
(2) "Bundle or package of services" means one or more
telecommunications services or other services offered together as
one service option at a single price.
(3) "Carrier access" means access to and usage of telephone
company-provided facilities that enable end user customers
originating or receiving voice grade, data, or image
communications, over a local exchange telephone company network
operated within a local service area, to access interexchange or
other networks and includes special access.
(4) "Federal poverty level" means the income level
represented by the poverty guidelines as revised annually by the
United States department of health and human services in
accordance with section 673(2) of the "Omnibus Reconciliation Act
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family
size equal to the size of the family of the person whose income is
being determined.
(5) "Incumbent local exchange carrier" means, with respect to
an area, the local exchange carrier that:
(a) On February 8, 1996, provided telephone exchange service
in such area; and
(b)(i) On February 8, 1996, was deemed to be a member of the
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or
(ii) Is a person or entity that, on or after February 8,
1996, became a successor or assign of a member described in
division (A)(5)(b)(i) of this section.
(6) "Internet protocol-enabled services" means any services,
capabilities, functionalities, or applications that are provided
using internet protocol or a successor protocol to enable an end
user to send or receive communications in internet protocol format
or a successor format, regardless of how any particular such
service is classified by the federal communications commission,
and includes voice over internet protocol service.
(7) "Interstate-access component" means the portion of
carrier access that is within the jurisdiction of the federal
communications commission.
(8) "Local exchange carrier" means any person engaged in the
provision of telephone exchange service, or the offering of access
to telephone exchange service or facilities for the purpose of
originating or terminating telephone toll service.
(8)(9) "Local service area" means the geographic area that
may encompass more than one exchange area and within which a
telephone customer, by paying the rate for basic local exchange
service, may complete calls to other telephone customers without
being assessed long distance toll charges.
(9)(10) "Small business" means a nonresidential service
customer with three or fewer service access lines.
(10)(11) "Telecommunications" means the transmission, between
or among points specified by the user, of information of the
user's choosing, without change in the form or content of the
information as sent and received.
(11)(12) "Telecommunications carrier" has the same meaning as
in the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C.
153.
(12)(13) "Telecommunications service" means the offering of
telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the
public, regardless of the facilities used.
(13)(14) "Telephone company" means a company described in
division (A) of section 4905.03 of the Revised Code that is a
public utility under section 4905.02 of the Revised Code.
(14)(15) "Telephone exchange service" means
telecommunications service that is within a telephone exchange, or
within a connected system of telephone exchanges within the same
exchange area operated to furnish to subscribers
intercommunicating service of the character ordinarily furnished
by a single exchange, and that is covered by the exchange service
charge; or comparable service provided through a system of
switches, transmission equipment, or other facilities, or
combination thereof, by which a customer can originate and
terminate a telecommunications service.
(15)(16) "Telephone toll service" means telephone service
between stations in different exchange areas for which there is
made a separate charge not included in contracts with customers
for exchange service.
(16)(17) "Voice over internet protocol service" means a
service that uses a broadband connection from an end user's
location and enables real-time, two-way, voice communications that
originate or terminate from the user's location using internet
protocol or a successor protocol, including, but not limited to,
any such service that permits an end user to receive calls from
and terminate calls to the public switched network.
(17)(18) "Voice service" includes all of the applicable
functionalities described in 47 C.F.R. 54.101(a). "Voice service"
is not the same as basic local exchange service.
(19) "Wireless service" means federally licensed commercial
mobile service as defined in the "Telecommunications Act of 1996,"
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as
commercial mobile radio service in 47 C.F.R. 20.3. Under division
(A)(17)(19) of this section, commercial mobile radio service is
specifically limited to mobile telephone, mobile cellular
telephone, paging, personal communications services, and
specialized mobile radio service provided by a common carrier in
this state and excludes fixed wireless service.
(18)(20) "Wireless service provider" means a facilities-based
provider of wireless service to one or more end users in this
state.
(B) The definitions of this section shall be applied
consistent with the definitions in the "Telecommunications Act of
1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with
federal decisions interpreting those definitions.
Sec. 4927.02. (A) It is the policy of this state to:
(1) Ensure the availability of adequate basic local exchange
service or voice service to citizens throughout the state;
(2) Provide incentives for competing providers of
telecommunications service to provide advanced, high-quality
telecommunications service to citizens throughout the state;
(3) Rely primarily on market forces, where they exist, to
maintain reasonable service levels for telecommunications services
at reasonable rates;
(4) Encourage innovation in the telecommunications industry
and the deployment of advanced telecommunications services;
(5) Create a regulatory climate that provides incentives to
create and maintain high technology jobs for Ohioans;
(6) Promote diversity and options in the supply of
telecommunications services and equipment throughout the state;
(7) Recognize the continuing emergence of a competitive
telecommunications environment through flexible regulatory
treatment of telecommunications services where appropriate;
(8) Consider the regulatory treatment of competing and
functionally equivalent services and, to the extent practicable,
provide for equivalent regulation of all telephone companies and
services;
(9) Not unduly favor or advantage any provider and not unduly
disadvantage providers of competing and functionally equivalent
services; and
(10) Protect the affordability of telephone service for
low-income subscribers through the continuation of federal
lifeline assistance programs.
(B) The public utilities commission shall consider the policy
set forth in this section in carrying out this chapter.
Sec. 4927.07. (A) A Except as provided under the notice
requirements of section 4927.10 of the Revised Code, a telephone
company may withdraw any telecommunications service if it gives at
least thirty days' prior notice to the public utilities commission
and to its affected customers.
(B) A Except as provided under the notice requirements of
section 4927.10 of the Revised Code, a telephone company may
abandon entirely telecommunications service in this state if it
gives at least thirty days' prior notice to the commission, to its
wholesale and retail customers, and to any telephone company
wholesale provider of its services.
(C) Divisions (A) and (B) of this section do not apply to any
of the following:
(1) Basic local exchange service provided by an incumbent
local exchange carrier;
(2) Pole attachments under section 4905.71 of the Revised
Code;
(3)(2) Conduit occupancy under section 4905.71 of the Revised
Code;
(4)(3) Interconnection and resale agreements approved under
the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151
et seq., as amended.
(D) An Except as provided in section 4927.10 of the Revised
Code, an incumbent local exchange carrier may not withdraw or
abandon basic local exchange service.
(E) A Neither a telephone company nor an incumbent local
exchange carrier may not, without first filing a request with the
commission and obtaining commission approval, withdraw any tariff
filed with the commission for pole attachments or conduit
occupancy under section 4905.71 of the Revised Code or abandon
service provided under that section.
Sec. 4927.10. (A) Subject to division (B) of this section,
if the federal communications commission adopts an order that
allows an incumbent local exchange carrier to withdraw the
interstate-access component of its basic local exchange service
under 47 U.S.C. 214, neither of the following shall apply,
beginning when the order is adopted, with regard to any exchange
area in which an incumbent local exchange carrier withdraws that
component:
(1) The prohibition contained in division (D) of section
4927.07 of the Revised Code against the withdrawal or abandonment
of basic local exchange service by an incumbent local exchange
carrier, provided that the carrier gives at least ninety days'
prior notice to the public utilities commission and to its
affected customers of the withdrawal or abandonment;
(2) The requirements contained in division (A) of section
4927.11 of the Revised Code.
(B) If a residential customer to whom notice has been given
under this section will be unable to obtain voice service upon the
carrier's withdrawal or abandonment of basic local exchange
service, the customer may file a petition with the public
utilities commission not later than sixty days prior to the
effective date of the withdrawal or abandonment. If a residential
customer is identified by the collaborative process established
under Section 8 of H.B. 490 of the Revised Code as a customer who
will be unable to obtain voice service upon the withdrawal or
abandonment of basic local exchange service, that customer shall
be treated as though the customer filed a timely petition under
this division.
(1) The public utilities commission shall issue an order
disposing of the petition not later than sixty days after the
filing of the petition.
(a) If the public utilities commission determines after an
investigation that no voice service will be available to the
customer at the customer's residence, the public utilities
commission shall attempt to identify a willing provider of voice
service to serve the customer.
(b) If no willing provider is identified, the public
utilities commission may order the withdrawing or abandoning
carrier to provide voice service to the customer at the customer's
residence.
(c) The willing provider or the carrier, as applicable, may
utilize any technology or service arrangement to provide the voice
service.
(2) Except as provided in division (B)(2) of this section, an
order adopted under division (B)(1)(b) of this section shall not
be in effect for more than twelve months after the date that it is
issued. If an order is issued under division (B)(1)(b) of this
section, the public utilities commission shall evaluate, during
the twelve-month period in which the order is effective, whether
an alternative voice service is found to exist for the affected
customer. If no alternative voice service is available, the public
utilities commission may extend the order for one additional
twelve-month period.
Sec. 4927.101. (A) Section 4927.10 of the Revised Code and
the amendments to sections 4927.01, 4927.02, 4927.07, and 4927.11
of the Revised Code made by H.B. 490 of the 130th general assembly
shall not affect any of the following:
(1) Any contractual obligation, including agreements under
the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 251
and 252, as amended;
(2) Any right or obligation under federal law or rules;
(3) The carrier-access requirements under section 4927.15 of
the Revised Code;
(4) Any right or obligation under section 4905.71 of the
Revised Code.
(B) The amendments to section 4927.15 of the Revised Code
made by H.B. 490 of the 130th general assembly shall not affect
the obligations and rights described in divisions (A)(1), (2), and
(4) of this section.
Sec. 4927.11. (A) Except as otherwise provided in this
section and section 4927.10 of the Revised Code, an incumbent
local exchange carrier shall provide basic local exchange service
to all persons or entities in its service area requesting that
service, and that service shall be provided on a reasonable and
nondiscriminatory basis.
(B)(1) An incumbent local exchange carrier is not obligated
to construct facilities and provide basic local exchange service,
or any other telecommunications service, to the occupants of
multitenant real estate, including, but not limited to,
apartments, condominiums, subdivisions, office buildings, or
office parks, if the owner, operator, or developer of the
multitenant real estate does any of the following to the benefit
of any other telecommunications service provider:
(a) Permits only one provider of telecommunications service
to install the company's facilities or equipment during the
construction or development phase of the multitenant real estate;
(b) Accepts or agrees to accept incentives or rewards that
are offered by a telecommunications service provider to the owner,
operator, developer, or occupants of the multitenant real estate
and are contingent on the provision of telecommunications service
by that provider to the occupants, to the exclusion of services
provided by other telecommunications service providers;
(c) Collects from the occupants of the multitenant real
estate any charges for the provision of telecommunications service
to the occupants, including charges collected through rents, fees,
or dues.
(2) A carrier not obligated to construct facilities and
provide basic local exchange service pursuant to division (B)(1)
of this section shall notify the public utilities commission of
that fact within one hundred twenty days of receiving knowledge
thereof.
(3) The commission by rule may establish a process for
determining a necessary successor telephone company to provide
service to real estate described in division (B)(1) of this
section when the circumstances described in that division cease to
exist.
(4) An incumbent local exchange carrier that receives a
request from any person or entity to provide service under the
circumstances described in division (B)(1) of this section shall,
within fifteen days of such receipt, provide notice to the person
or entity specifying whether the carrier will provide the
requested service. If the carrier provides notice that it will not
serve the person or entity, the notice shall describe the person's
or entity's right to file a complaint with the commission under
section 4927.21 of the Revised Code within thirty days after
receipt of the notice. In resolving any such complaint, the
commission's determination shall be limited to whether any
circumstance described in divisions (B)(1)(a) to (c) of this
section exists. Upon a finding by the commission that such a
circumstance exists, the complaint shall be dismissed. Upon a
finding that such circumstances do not exist, the person's or
entity's sole remedy shall be provision by the carrier of the
requested service within a reasonable time.
(C) An incumbent local exchange carrier may apply to the
commission for a waiver from compliance with division (A) of this
section. The application shall include, at a minimum, the reason
for the requested waiver, the number of persons or entities who
would be impacted by the waiver, and the alternatives that would
be available to those persons or entities if the waiver were
granted. The incumbent local exchange carrier applying for the
waiver shall publish notice of the waiver application one time in
a newspaper of general circulation throughout the service area
identified in the application and shall provide additional notice
to affected persons or entities as required by the commission in
rules adopted under this division. The commission's rules shall
define "affected" for purposes of this division. The commission
shall afford such persons or entities a reasonable opportunity to
comment to the commission on the application. This opportunity
shall include a public hearing conducted in accordance with rules
adopted under this division and conducted in the service area
identified in the application. After a reasonable opportunity to
comment has been provided, but not later than one hundred twenty
days after the application is filed, the commission either shall
issue an order granting the waiver if, upon investigation, it
finds the waiver to be just, reasonable, and not contrary to the
public interest, and that the applicant demonstrates a financial
hardship or an unusual technical limitation, or shall issue an
order denying the waiver based on a failure to meet those
standards and specifying the reasons for the denial. The
commission shall adopt rules to implement division (C) of this
section.
Sec. 4927.15. (A)(1) The rates, terms, and conditions for
9-1-1 service provided in this state by a telephone company or a
telecommunications carrier and each of the following provided in
this state by a telephone company shall be approved and tariffed
in the manner prescribed by rule adopted by the public utilities
commission and shall be subject to the applicable laws, including
rules or regulations adopted and orders issued by the commission
or the federal communications commission:
(2)(a) N-1-1 services, other than 9-1-1 service;
(3) Pole attachments and conduit occupancy under section
4905.71 of the Revised Code;
(4)(b) Pay telephone access lines;
(5)(c) Toll presubscription;
(6)(d) Telecommunications relay service.
(2) The rates, terms, and conditions for both of the
following provided in this state by a telephone company or an
incumbent local exchange carrier shall be approved and tariffed in
the manner prescribed by rule adopted by the public utilities
commission and shall be subject to the applicable laws, including
rules or regulations adopted and orders issued by the commission
or the federal communications commission:
(b) Pole attachments and conduit occupancy under section
4905.71 of the Revised Code.
(B) The public utilities commission may order changes in a
telephone company's rates for carrier access in this state subject
to this division. In the event that the public utilities
commission reduces a telephone company's rates for carrier access
that are in effect on September 13, 2010, that reduction shall be
on a revenue-neutral basis under terms and conditions established
by the public utilities commission, and any resulting rate changes
necessary to comply with division (B) or (C) of this section shall
be in addition to any upward rate alteration made under section
4927.12 of the Revised Code.
(C) The public utilities commission has authority to address
carrier access policy and to create and administer mechanisms for
carrier access reform, including, but not limited to, high cost
support.
Sec. 5713.051. (A) As used in this section:
(1) "Oil" means all grades of crude oil.
(2) "Gas" means all forms of natural gas.
(3) "Well" means an oil or gas well or an oil and gas well.
(4) "M.C.F." means one thousand cubic feet.
(5) "Commonly metered wells" means two or more wells that
share the same meter.
(6) "Total production" means the total amount of oil,
measured in barrels, and the total amount of gas, measured in
M.C.F., of all oil and gas actually produced and sold from a
single well that is developed and producing on the tax lien date.
For commonly metered wells, "total production" means the total
amount of oil, measured in barrels, and the total amount of gas,
measured in M.C.F., of all oil and gas actually produced and sold
from the commonly metered wells divided by the number of the
commonly metered wells.
(7) "Flush production" means total production from a single
well during the first twelve calendar months during not more than
two consecutive calendar years after a well first begins to
produce. For commonly metered wells, "flush production" means
total production during the first twelve calendar months during
not more than two consecutive calendar years after a well first
begins to produce from all wells with flush production divided by
the number of those wells.
(8) "Production through secondary recovery methods" means
total production from a single well where mechanically induced
pressure, such as air, nitrogen, carbon dioxide, or water
pressure, is used to stimulate and maintain production in the oil
and gas reservoir, exclusive of any flush production. For commonly
metered wells, "production through secondary recovery methods"
means total production from all wells with production through
secondary recovery methods divided by the number of the those
wells.
(9) "Stabilized production" means total production reduced,
if applicable, by the greater of forty-two and one-half per cent
of flush production or fifty per cent of production through
secondary recovery methods.
(10) "Average daily production" means stabilized production
divided by three hundred sixty-five, provided the well was in
production at the beginning of the calendar year. If the well was
not in production at the beginning of the calendar year, "average
daily production" means stabilized production divided by the
number of days beginning with the day the well went into
production in the calendar year and ending with the thirty-first
day of December.
(11) "Gross price" means the unweighted average price per
barrel of oil or the average price per M.C.F. of gas produced from
Ohio wells and first sold during the five-year period ending with
the calendar year immediately preceding the tax lien date, as
reported by the department of natural resources.
(12) "Average annual decline rate" means the amount of yearly
decline in oil and gas production of a well after flush production
has ended. For the purposes of this section, the average annual
decline rate is thirteen per cent.
(13) "Gross revenue" means the gross revenue from a well
during a ten-year discount period with production assumed to be
one barrel of oil or one M.C.F. of gas during the first year of
production and declining at the annual average annual decline rate
during the remaining nine years of the ten-year discount period,
as follows:
(a) First year: one barrel or one M.C.F. multiplied by gross
price;
(b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by
gross price;
(c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by
gross price;
(d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by
gross price;
(e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by
gross price;
(f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by
gross price;
(g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by
gross price;
(h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by
gross price;
(i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by
gross price;
(j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by
gross price.
(14) "Average royalty expense" means the annual cost of
royalties paid by all working interest owners in a well. For the
purposes of this section, the average royalty expense is fifteen
per cent of annual gross revenue.
(15) "Average operating expense" means the annual cost of
operating and maintaining a producing well after it first begins
production. For the purposes of this section, the average
operating expense is forty per cent of annual gross revenue.
(16) "Average capital recovery expense" means the annual
capitalized investment cost of a developed and producing well. For
the purposes of this section, average capital recovery expense is
thirty per cent of annual gross revenue.
(17) "Discount rate" means the rate used to determine the
present net worth of one dollar during each year of the ten-year
discount period assuming the net income stream projected for each
year of the ten-year discount period is received at the half-year
point. For the purposes of this section, the discount rate equals
thirteen per cent plus the rate per annum prescribed by division
(B) of section 5703.47 of the Revised Code and determined by the
tax commissioner in October of the calendar year immediately
preceding the tax lien date.
(B) The true value in money of oil reserves constituting real
property on tax lien dates January 1, 2007, and thereafter with
respect to a developed and producing well that has not been the
subject of a recent arm's length sale, exclusive of personal
property necessary to recover the oil, shall be determined under
division (B)(1) or (2) of this section.
(1) For wells oil reserves for which average daily production
of oil from a well is one barrel or more in the calendar year
preceding the tax lien date, the true value in money equals the
average daily production of oil from the well multiplied by the
net present value of one barrel of oil, where:
(a) Net present value of one barrel of oil = 365 x the sum of
[net income for each year of the discount period x discount rate
factor for that year] for all years in the discount period; and
(b) Net income for a year of the discount period = gross
revenue for that year minus the sum of the following for that
year: average royalty expense, average operating expense, and
average capital recovery expense.
(2) For wells oil reserves for which average daily production
of oil from a well is less than one barrel in the calendar year
preceding the tax lien date, the true value in money equals the
average daily production of the well, if any, in the calendar year
preceding the tax lien date multiplied by sixty per cent of the
net present value of one barrel of oil as computed under division
(B)(1) of this section.
(C) The true value in money of gas reserves constituting real
property on tax lien dates January 1, 2007, and thereafter with
respect to a developed and producing well that has not been the
subject of a recent arm's length sale, exclusive of personal
property necessary to recover the gas, shall be determined under
division (C)(1) or (2) of this section.
(1) For wells gas reserves for which average daily production
of gas from a well is eight M.C.F. or more in the calendar year
preceding the tax lien date, the true value in money equals the
average daily production of gas from the well multiplied by the
net present value of one M.C.F. of gas, where:
(a) Net present value of one M.C.F. of gas = 365 x the sum of
[net income for each year of the discount period x discount rate
factor for that year] for all years in the discount period; and
(b) Net income for a year of the discount period = gross
revenue for that year minus the sum of the following for that
year: average royalty expense, average operating expense, and
average capital recovery expense.
(2) For wells gas reserves for which average daily production
of gas from a well is less than eight M.C.F. in the calendar year
preceding the tax lien date, the true value in money equals the
average daily production of the well, if any, in the calendar year
preceding the tax lien date multiplied by fifty per cent of the
net present value of one M.C.F. as computed under division (C)(1)
of this section.
(D) No method other than the method described in this section
shall be used to determine the true value in money of oil or gas
reserves for property tax purposes.
Sec. 6109.10. (A)(1) As used in this section, "lead free"
means:
(1) When used with respect to solders or flux, solders or
flux containing (a) Containing not more than two-tenths of one per
cent lead when used with respect to solders or flux;
(2) When used with respect to pipes or pipe fittings, pipes
or pipe fittings containing (b) Containing not more than eight a
weighted average of twenty-five-hundredths per cent lead when used
with respect to wetted surfaces of pipes, pipe fittings, or
plumbing fittings or fixtures.
(B) Any pipe, pipe fitting, solder, or flux that is used in
the installation or repair of a public water system or of any
plumbing in a residential or nonresidential facility providing
water for human consumption which is connected to a public water
system shall be lead free. This division does not apply to leaded
joints necessary for the repair of cast iron pipes. (2) For
purposes of this section, the weighted average lead content of a
pipe, pipe fitting, or plumbing fitting or fixture shall be
calculated by using the following formula: for each wetted
component, the percentage of lead in the component shall be
multiplied by the ratio of the wetted surface area of that
component to the total wetted surface area of the entire product
to determine the weighted percentage of lead of the component. The
weighted percentage of lead of each wetted component shall be
added together, and the sum of the weighted percentages shall
constitute the weighted average lead content of the product. The
lead content of the material used to produce wetted components
shall be used to determine whether the wetted surfaces are lead
free pursuant to division (A)(1)(b) of this section. For purposes
of the lead contents of materials that are provided as a range,
the maximum content of the range shall be used.
(B) Except as provided in division (D) of this section, no
person shall do any of the following:
(1) Use any pipe, pipe fitting, plumbing fitting or fixture,
solder, or flux that is not lead free in the installation or
repair of a public water system or of any plumbing in a
residential or nonresidential facility providing water for human
consumption;
(2) Introduce into commerce any pipe, pipe fitting, or
plumbing fitting or fixture that is not lead free;
(3) Sell solder or flux that is not lead free while engaged
in the business of selling plumbing supplies;
(4) Introduce into commerce any solder or flux that is not
lead free unless the solder or flux has a prominent label stating
that it is illegal to use the solder or flux in the installation
or repair of any plumbing providing water for human consumption.
(C) Each The owner or operator of a public water system shall
identify and provide notice to persons that may be affected by
lead contamination of their drinking water if the contamination
results from the lead content in the construction materials of the
public water distribution system, the corrosivity of the water
supply is sufficient to cause the leaching of lead, or both. The
notice shall be in such form and manner as may be reasonably
required by the director of environmental protection, but shall
provide a clear and readily understandable explanation of all of
the following:
(1) Potential sources of lead in the drinking water;
(2) Potential adverse health effects;
(3) Reasonably available methods of mitigating known or
potential lead content in drinking water;
(4) Any steps the public water system is taking to mitigate
lead content in drinking water;
(5) The necessity, if any, of seeking alternative water
supplies.
The notice shall be provided notwithstanding the absence of a
violation of any drinking water standard.
(D)(1) Division (B)(1) of this section does not apply to the
use of leaded joints that are necessary for the repair of cast
iron pipes.
(2) Division (B)(2) of this section does not apply to a pipe
that is used in manufacturing or industrial processing.
(3) Division (B)(3) of this section does not apply to the
selling of plumbing supplies by manufacturers of those supplies.
(4) Division (B) of this section does not apply to either of
the following:
(a) Pipes, pipe fittings, or plumbing fittings or fixtures,
including backflow preventers, that are used exclusively for
nonpotable services such as manufacturing, industrial processing,
irrigation, outdoor watering, or any other uses where the water is
not anticipated to be used for human consumption;
(b) Toilets, bidets, urinals, fill valves, flushometer
valves, tub fillers, shower valves, service saddles, or water
distribution main gate valves that are two inches in diameter or
larger.
Sec. 6111.03. The director of environmental protection may
do any of the following:
(A) Develop plans and programs for the prevention, control,
and abatement of new or existing pollution of the waters of the
state;
(B) Advise, consult, and cooperate with other agencies of the
state, the federal government, other states, and interstate
agencies and with affected groups, political subdivisions, and
industries in furtherance of the purposes of this chapter. Before
adopting, amending, or rescinding a standard or rule pursuant to
division (G) of this section or section 6111.041 or 6111.042 of
the Revised Code, the director shall do all of the following:
(1) Mail notice to each statewide organization that the
director determines represents persons who would be affected by
the proposed standard or rule, amendment thereto, or rescission
thereof at least thirty-five days before any public hearing
thereon;
(2) Mail a copy of each proposed standard or rule, amendment
thereto, or rescission thereof to any person who requests a copy,
within five days after receipt of the request therefor;
(3) Consult with appropriate state and local government
agencies or their representatives, including statewide
organizations of local government officials, industrial
representatives, and other interested persons.
Although the director is expected to discharge these duties
diligently, failure to mail any such notice or copy or to so
consult with any person shall not invalidate any proceeding or
action of the director.
(C) Administer grants from the federal government and from
other sources, public or private, for carrying out any of its
functions, all such moneys to be deposited in the state treasury
and kept by the treasurer of state in a separate fund subject to
the lawful orders of the director;
(D) Administer state grants for the construction of sewage
and waste collection and treatment works;
(E) Encourage, participate in, or conduct studies,
investigations, research, and demonstrations relating to water
pollution, and the causes, prevention, control, and abatement
thereof, that are advisable and necessary for the discharge of the
director's duties under this chapter;
(F) Collect and disseminate information relating to water
pollution and prevention, control, and abatement thereof;
(G) Adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code governing the procedure for
hearings, the filing of reports, the issuance of permits, the
issuance of industrial water pollution control certificates, and
all other matters relating to procedure;
(H) Issue, modify, or revoke orders to prevent, control, or
abate water pollution by such means as the following:
(1) Prohibiting or abating discharges of sewage, industrial
waste, or other wastes into the waters of the state;
(2) Requiring the construction of new disposal systems or any
parts thereof, or the modification, extension, or alteration of
existing disposal systems or any parts thereof;
(3) Prohibiting additional connections to or extensions of a
sewerage system when the connections or extensions would result in
an increase in the polluting properties of the effluent from the
system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted
under sections 6111.01 to 6111.05 of the Revised Code or term or
condition of a permit.
In the making of those orders, wherever compliance with a
rule adopted under section 6111.042 of the Revised Code is not
involved, consistent with the Federal Water Pollution Control Act,
the director shall give consideration to, and base the
determination on, evidence relating to the technical feasibility
and economic reasonableness of complying with those orders and to
evidence relating to conditions calculated to result from
compliance with those orders, and their relation to benefits to
the people of the state to be derived from such compliance in
accomplishing the purposes of this chapter.
(I) Review plans, specifications, or other data relative to
disposal systems or any part thereof in connection with the
issuance of orders, permits, and industrial water pollution
control certificates under this chapter;
(J)(1) Issue, revoke, modify, or deny sludge management
permits and permits for the discharge of sewage, industrial waste,
or other wastes into the waters of the state, and for the
installation or modification of disposal systems or any parts
thereof in compliance with all requirements of the Federal Water
Pollution Control Act and mandatory regulations adopted
thereunder, including regulations adopted under section 405 of the
Federal Water Pollution Control Act, and set terms and conditions
of permits, including schedules of compliance, where necessary.
Any person who discharges, transports, or handles storm water from
an animal feeding facility, as defined in section 903.01 of the
Revised Code, or pollutants from a concentrated animal feeding
operation, as both terms are defined in that section, is not
required to obtain a permit under division (J)(1) of this section
for the installation or modification of a disposal system
involving pollutants or storm water or any parts of such a system
on and after the date on which the director of agriculture has
finalized the program required under division (A)(1) of section
903.02 of the Revised Code. In addition, any person who
discharges, transports, or handles storm water from an animal
feeding facility, as defined in section 903.01 of the Revised
Code, or pollutants from a concentrated animal feeding operation,
as both terms are defined in that section, is not required to
obtain a permit under division (J)(1) of this section for the
discharge of storm water from an animal feeding facility or
pollutants from a concentrated animal feeding operation on and
after the date on which the United States environmental protection
agency approves the NPDES program submitted by the director of
agriculture under section 903.08 of the Revised Code.
Any permit terms and conditions set by the director shall be
designed to achieve and maintain full compliance with the national
effluent limitations, national standards of performance for new
sources, and national toxic and pretreatment effluent standards
set under that act, and any other mandatory requirements of that
act that are imposed by regulation of the administrator of the
United States environmental protection agency. If an applicant for
a sludge management permit also applies for a related permit for
the discharge of sewage, industrial waste, or other wastes into
the waters of the state, the director may combine the two permits
and issue one permit to the applicant.
A sludge management permit is not required for an entity that
treats or transports sewage sludge or for a sanitary landfill when
all of the following apply:
(a) The entity or sanitary landfill does not generate the
sewage sludge.
(b) Prior to receipt at the sanitary landfill, the entity has
ensured that the sewage sludge meets the requirements established
in rules adopted by the director under section 3734.02 of the
Revised Code concerning disposal of municipal solid waste in a
sanitary landfill.
(c) Disposal of the sewage sludge occurs at a sanitary
landfill that complies with rules adopted by the director under
section 3734.02 of the Revised Code.
As used in division (J)(1) of this section, "sanitary
landfill" means a sanitary landfill facility, as defined in rules
adopted under section 3734.02 of the Revised Code, that is
licensed as a solid waste facility under section 3734.05 of the
Revised Code.
(2) An application for a permit or renewal thereof shall be
denied if any of the following applies:
(a) The secretary of the army determines in writing that
anchorage or navigation would be substantially impaired thereby;
(b) The director determines that the proposed discharge or
source would conflict with an areawide waste treatment management
plan adopted in accordance with section 208 of the Federal Water
Pollution Control Act;
(c) The administrator of the United States environmental
protection agency objects in writing to the issuance or renewal of
the permit in accordance with section 402 (d) of the Federal Water
Pollution Control Act;
(d) The application is for the discharge of any radiological,
chemical, or biological warfare agent or high-level radioactive
waste into the waters of the United States.
(3) To achieve and maintain applicable standards of quality
for the waters of the state adopted pursuant to section 6111.041
of the Revised Code, the director shall impose, where necessary
and appropriate, as conditions of each permit, water quality
related effluent limitations in accordance with sections 301, 302,
306, 307, and 405 of the Federal Water Pollution Control Act and,
to the extent consistent with that act, shall give consideration
to, and base the determination on, evidence relating to the
technical feasibility and economic reasonableness of removing the
polluting properties from those wastes and to evidence relating to
conditions calculated to result from that action and their
relation to benefits to the people of the state and to
accomplishment of the purposes of this chapter.
(4) Where a discharge having a thermal component from a
source that is constructed or modified on or after October 18,
1972, meets national or state effluent limitations or more
stringent permit conditions designed to achieve and maintain
compliance with applicable standards of quality for the waters of
the state, which limitations or conditions will ensure protection
and propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in or on the body of water into which the
discharge is made, taking into account the interaction of the
thermal component with sewage, industrial waste, or other wastes,
the director shall not impose any more stringent limitation on the
thermal component of the discharge, as a condition of a permit or
renewal thereof for the discharge, during a ten-year period
beginning on the date of completion of the construction or
modification of the source, or during the period of depreciation
or amortization of the source for the purpose of section 167 or
169 of the Internal Revenue Code of 1954, whichever period ends
first.
(5) The director shall specify in permits for the discharge
of sewage, industrial waste, and other wastes, the net volume, net
weight, duration, frequency, and, where necessary, concentration
of the sewage, industrial waste, and other wastes that may be
discharged into the waters of the state. The director shall
specify in those permits and in sludge management permits that the
permit is conditioned upon payment of applicable fees as required
by section 3745.11 of the Revised Code and upon the right of the
director's authorized representatives to enter upon the premises
of the person to whom the permit has been issued for the purpose
of determining compliance with this chapter, rules adopted
thereunder, or the terms and conditions of a permit, order, or
other determination. The director shall issue or deny an
application for a sludge management permit or a permit for a new
discharge, for the installation or modification of a disposal
system, or for the renewal of a permit, within one hundred eighty
days of the date on which a complete application with all plans,
specifications, construction schedules, and other pertinent
information required by the director is received.
(6) The director may condition permits upon the installation
of discharge or water quality monitoring equipment or devices and
the filing of periodic reports on the amounts and contents of
discharges and the quality of receiving waters that the director
prescribes. The director shall condition each permit for a
government-owned disposal system or any other "treatment works" as
defined in the Federal Water Pollution Control Act upon the
reporting of new introductions of industrial waste or other wastes
and substantial changes in volume or character thereof being
introduced into those systems or works from "industrial users" as
defined in section 502 of that act, as necessary to comply with
section 402(b)(8) of that act; upon the identification of the
character and volume of pollutants subject to pretreatment
standards being introduced into the system or works; and upon the
existence of a program to ensure compliance with pretreatment
standards by "industrial users" of the system or works. In
requiring monitoring devices and reports, the director, to the
extent consistent with the Federal Water Pollution Control Act,
shall give consideration to technical feasibility and economic
reasonableness and shall allow reasonable time for compliance.
(7) A permit may be issued for a period not to exceed five
years and may be renewed upon application for renewal. In renewing
a permit, the director shall consider the compliance history of
the permit holder and may deny the renewal if the director
determines that the permit holder has not complied with the terms
and conditions of the existing permit. A permit may be modified,
suspended, or revoked for cause, including, but not limited to,
violation of any condition of the permit, obtaining a permit by
misrepresentation or failure to disclose fully all relevant facts
of the permitted discharge or of the sludge use, storage,
treatment, or disposal practice, or changes in any condition that
requires either a temporary or permanent reduction or elimination
of the permitted activity. No application shall be denied or
permit revoked or modified without a written order stating the
findings upon which the denial, revocation, or modification is
based. A copy of the order shall be sent to the applicant or
permit holder by certified mail.
(K) Institute or cause to be instituted in any court of
competent jurisdiction proceedings to compel compliance with this
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, 308,
and 405 of the Federal Water Pollution Control Act;
(L) Issue, deny, revoke, or modify industrial water pollution
control certificates;
(M) Certify to the government of the United States or any
agency thereof that an industrial water pollution control facility
is in conformity with the state program or requirements for the
control of water pollution whenever the certification may be
required for a taxpayer under the Internal Revenue Code of the
United States, as amended;
(N) Issue, modify, and revoke orders requiring any
"industrial user" of any publicly owned "treatment works" as
defined in sections 212(2) and 502(18) of the Federal Water
Pollution Control Act to comply with pretreatment standards;
establish and maintain records; make reports; install, use, and
maintain monitoring equipment or methods, including, where
appropriate, biological monitoring methods; sample discharges in
accordance with methods, at locations, at intervals, and in a
manner that the director determines; and provide other information
that is necessary to ascertain whether or not there is compliance
with toxic and pretreatment effluent standards. In issuing,
modifying, and revoking those orders, the director, to the extent
consistent with the Federal Water Pollution Control Act, shall
give consideration to technical feasibility and economic
reasonableness and shall allow reasonable time for compliance.
(O) Exercise all incidental powers necessary to carry out the
purposes of this chapter;
(P) Certify or deny certification to any applicant for a
federal license or permit to conduct any activity that may result
in any discharge into the waters of the state that the discharge
will comply with the Federal Water Pollution Control Act;
(Q) Administer and enforce the publicly owned treatment works
pretreatment program in accordance with the Federal Water
Pollution Control Act. In the administration of that program, the
director may do any of the following:
(1) Apply and enforce pretreatment standards;
(2) Approve and deny requests for approval of publicly owned
treatment works pretreatment programs, oversee those programs, and
implement, in whole or in part, those programs under any of the
following conditions:
(a) The director has denied a request for approval of the
publicly owned treatment works pretreatment program;
(b) The director has revoked the publicly owned treatment
works pretreatment program;
(c) There is no pretreatment program currently being
implemented by the publicly owned treatment works;
(d) The publicly owned treatment works has requested the
director to implement, in whole or in part, the pretreatment
program.
(3) Require that a publicly owned treatment works
pretreatment program be incorporated in a permit issued to a
publicly owned treatment works as required by the Federal Water
Pollution Control Act, require compliance by publicly owned
treatment works with those programs, and require compliance by
industrial users with pretreatment standards;
(4) Approve and deny requests for authority to modify
categorical pretreatment standards to reflect removal of
pollutants achieved by publicly owned treatment works;
(5) Deny and recommend approval of requests for fundamentally
different factors variances submitted by industrial users;
(6) Make determinations on categorization of industrial
users;
(7) Adopt, amend, or rescind rules and issue, modify, or
revoke orders necessary for the administration and enforcement of
the publicly owned treatment works pretreatment program.
Any approval of a publicly owned treatment works pretreatment
program may contain any terms and conditions, including schedules
of compliance, that are necessary to achieve compliance with this
chapter.
(R) Except as otherwise provided in this division, adopt
rules in accordance with Chapter 119. of the Revised Code
establishing procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of
oil and hazardous substances into the waters of the state. The
rules shall be consistent with and equivalent in scope, content,
and coverage to section 311(j)(1)(c) of the Federal Water
Pollution Control Act and regulations adopted under it. The
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling
and workover facilities as those terms are defined in that act and
regulations adopted under it.
(S)(1) Administer and enforce a program for the regulation of
sludge management in this state. In administering the program, the
director, in addition to exercising the authority provided in any
other applicable sections of this chapter, may do any of the
following:
(a) Develop plans and programs for the disposal and
utilization of sludge and sludge materials;
(b) Encourage, participate in, or conduct studies,
investigations, research, and demonstrations relating to the
disposal and use of sludge and sludge materials and the impact of
sludge and sludge materials on land located in the state and on
the air and waters of the state;
(c) Collect and disseminate information relating to the
disposal and use of sludge and sludge materials and the impact of
sludge and sludge materials on land located in the state and on
the air and waters of the state;
(d) Issue, modify, or revoke orders to prevent, control, or
abate the use and disposal of sludge and sludge materials or the
effects of the use of sludge and sludge materials on land located
in the state and on the air and waters of the state;
(e) Adopt and enforce, modify, or rescind rules necessary for
the implementation of division (S) of this section. The rules
reasonably shall protect public health and the environment,
encourage the beneficial reuse of sludge and sludge materials, and
minimize the creation of nuisance odors.
The director may specify in sludge management permits the net
volume, net weight, quality, and pollutant concentration of the
sludge or sludge materials that may be used, stored, treated, or
disposed of, and the manner and frequency of the use, storage,
treatment, or disposal, to protect public health and the
environment from adverse effects relating to those activities. The
director shall impose other terms and conditions to protect public
health and the environment, minimize the creation of nuisance
odors, and achieve compliance with this chapter and rules adopted
under it and, in doing so, shall consider whether the terms and
conditions are consistent with the goal of encouraging the
beneficial reuse of sludge and sludge materials.
The director may condition permits on the implementation of
treatment, storage, disposal, distribution, or application
management methods and the filing of periodic reports on the
amounts, composition, and quality of sludge and sludge materials
that are disposed of, used, treated, or stored.
An approval of a treatment works sludge disposal program may
contain any terms and conditions, including schedules of
compliance, necessary to achieve compliance with this chapter and
rules adopted under it.
(2) As a part of the program established under division
(S)(1) of this section, the director has exclusive authority to
regulate sewage sludge management in this state. For purposes of
division (S)(2) of this section, that program shall be consistent
with section 405 of the Federal Water Pollution Control Act and
regulations adopted under it and with this section, except that
the director may adopt rules under division (S) of this section
that establish requirements that are more stringent than section
405 of the Federal Water Pollution Control Act and regulations
adopted under it with regard to monitoring sewage sludge and
sewage sludge materials and establishing acceptable sewage sludge
management practices and pollutant levels in sewage sludge and
sewage sludge materials.
(T) Study, examine, and calculate nutrient loading from point
and nonpoint sources in order to determine comparative
contributions by those sources and to utilize the information
derived from those calculations to determine the most
environmentally beneficial and cost-effective mechanisms to reduce
nutrient loading to watersheds in the state. In order to evaluate
nutrient loading contributions, the director or the director's
designee shall conduct a study of the statewide nutrient mass
balance for both point and nonpoint sources in watersheds in the
state using available data, including both of the following:
(1) Data on water quality;
(2) Data on point source discharges into watersheds in the
state.
The director or the director's designee shall report and
update the results of the study to coincide with the release of
the Ohio integrated water quality monitoring and assessment report
prepared by the director.
This chapter authorizes the state to participate in any
national sludge management program and the national pollutant
discharge elimination system, to administer and enforce the
publicly owned treatment works pretreatment program, and to issue
permits for the discharge of dredged or fill materials, in
accordance with the Federal Water Pollution Control Act. This
chapter shall be administered, consistent with the laws of this
state and federal law, in the same manner that the Federal Water
Pollution Control Act is required to be administered.
This section does not apply to residual farm products and
manure disposal systems and related management and conservation
practices subject to rules adopted pursuant to division (E)(C)(1)
of section 1511.02 939.02 of the Revised Code. For purposes of
this exclusion, "residual farm products" and "manure" have the
same meanings as in section 1511.01 939.01 of the Revised Code.
However, until the date on which the United States environmental
protection agency approves the NPDES program submitted by the
director of agriculture under section 903.08 of the Revised Code,
this exclusion does not apply to animal waste treatment works
having a controlled direct discharge to the waters of the state or
any concentrated animal feeding operation, as defined in 40 C.F.R.
122.23(b)(2). On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, this section does not apply to storm water from
an animal feeding facility, as defined in section 903.01 of the
Revised Code, or to pollutants discharged from a concentrated
animal feeding operation, as both terms are defined in that
section. Neither of these exclusions applies to the discharge of
animal waste into a publicly owned treatment works.
A publicly owned treatment works with a design flow of one
million gallons per day or more, or designated as a major
discharger by the director, shall begin monthly monitoring of
total and dissolved phosphorous not later than December 1, 2015.
In addition, a publicly owned treatment works that, on the
effective date of this amendment, is not subject to a phosphorous
effluent limit of one milligram per liter as a thirty-day average
shall complete and submit an optimization study that evaluates the
publicly owned treatment works' ability to reduce phosphorous to
one milligram per liter as a thirty-day average. The director
shall modify NPDES permits to include those requirements.
Sec. 6111.04. (A) Both of the following apply except as
otherwise provided in division (A) or (F) of this section:
(1) No person shall cause pollution or place or cause to be
placed any sewage, sludge, sludge materials, industrial waste, or
other wastes in a location where they cause pollution of any
waters of the state.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public nuisance.
Divisions (A)(1) and (2) of this section do not apply if the
person causing pollution or placing or causing to be placed wastes
in a location in which they cause pollution of any waters of the
state holds a valid, unexpired permit, or renewal of a permit,
governing the causing or placement as provided in sections 6111.01
to 6111.08 of the Revised Code or if the person's application for
renewal of such a permit is pending.
(B) If the director of environmental protection administers a
sludge management program pursuant to division (S) of section
6111.03 of the Revised Code, both of the following apply except as
otherwise provided in division (B) or (F) of this section:
(1) No person, in the course of sludge management, shall
place on land located in the state or release into the air of the
state any sludge or sludge materials.
(2) An action prohibited under division (B)(1) of this
section is hereby declared to be a public nuisance.
Divisions (B)(1) and (2) of this section do not apply if the
person placing or releasing the sludge or sludge materials holds a
valid, unexpired permit, or renewal of a permit, governing the
placement or release as provided in sections 6111.01 to 6111.08 of
the Revised Code or if the person's application for renewal of
such a permit is pending.
(C) No person to whom a permit has been issued shall place or
discharge, or cause to be placed or discharged, in any waters of
the state any sewage, sludge, sludge materials, industrial waste,
or other wastes in excess of the permissive discharges specified
under an existing permit without first receiving a permit from the
director to do so.
(D) No person to whom a sludge management permit has been
issued shall place on the land or release into the air of the
state any sludge or sludge materials in excess of the permissive
amounts specified under the existing sludge management permit
without first receiving a modification of the existing sludge
management permit or a new sludge management permit to do so from
the director.
(E) The director may require the submission of plans,
specifications, and other information that the director considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates, or
mineral products when the washing and the ultimate disposal of the
water used in the washing, including any sewage, industrial waste,
or other wastes contained in the waters, are entirely confined to
the land under the control of the person engaged in the recovery
and processing of the sand, gravel, other aggregates, or mineral
products and do not result in the pollution of waters of the
state;
(2) Water, gas, or other material injected into a well to
facilitate, or that is incidental to, the production of oil, gas,
artificial brine, or water derived in association with oil or gas
production and disposed of in a well, in compliance with a permit
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. Division
(F)(2) of this section does not authorize, without a permit, any
discharge that is prohibited by, or for which a permit is required
by, regulation of the United States environmental protection
agency.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from that application or
pollution by residual farm products, manure, or soil sediment,
including attached substances, resulting from farming,
silvicultural, or earthmoving activities regulated by Chapter
307., 939., or 1511. of the Revised Code. Division (F)(3) of this
section does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by, the
Federal Water Pollution Control Act or regulations adopted under
it. As used in division (F)(3) of this section, "residual farm
products" and "manure" have the same meanings as in section
1511.01 939.01 of the Revised Code.
(4) The excrement of domestic and farm animals defecated on
land or runoff therefrom into any waters of the state. Division
(F)(4) of this section does not authorize, without a permit, any
discharge that is prohibited by, or for which a permit is required
by, the Federal Water Pollution Control Act or regulations adopted
under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the
approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not authorize any discharge
into a publicly owned treatment works in violation of a
pretreatment program applicable to the publicly owned treatment
works.
(7) A household sewage treatment system or a small flow
on-site sewage treatment system, as applicable, as defined in
section 3718.01 of the Revised Code that is installed in
compliance with Chapter 3718. of the Revised Code and rules
adopted under it. Division (F)(7) of this section does not
authorize, without a permit, any discharge that is prohibited by,
or for which a permit is required by, regulation of the United
States environmental protection agency.
(8) Exceptional quality sludge generated outside of this
state and contained in bags or other containers not greater than
one hundred pounds in capacity. As used in division (F)(8) of this
section, "exceptional quality sludge" has the same meaning as in
division (Y) of section 3745.11 of the Revised Code.
(G) The holder of a permit issued under section 402 (a) of
the Federal Water Pollution Control Act need not obtain a permit
for a discharge authorized by the permit until its expiration
date. Except as otherwise provided in this division, the director
of environmental protection shall administer and enforce those
permits within this state and may modify their terms and
conditions in accordance with division (J) of section 6111.03 of
the Revised Code. On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, the director of agriculture shall administer and
enforce those permits within this state that are issued for any
discharge that is within the scope of the approved NPDES program
submitted by the director of agriculture.
Sec. 6111.30. (A) Applications for a section 401 water
quality certification required under division (P) of section
6111.03 of the Revised Code shall be submitted on forms provided
by the director of environmental protection and shall include all
information required on those forms as well as all of the
following:
(1) A copy of a letter from the United States army corps of
engineers documenting its jurisdiction over the wetlands, streams,
or other waters of the state that are the subject of the section
401 water quality certification application;
(2) If the project involves impacts to a wetland, a wetland
characterization analysis consistent with the Ohio rapid
assessment method;
(3) If the project involves a stream for which a specific
aquatic life use designation has not been made, a use
attainability analysis;
(4) A specific and detailed long-term mitigation proposal,
including the location and proposed legal mechanism for protecting
the property in perpetuity; that may include a deed restriction,
an environmental covenant, a conservation easement, another real
estate instrument, or a demonstration that the mitigation proposal
will attain applicable water quality standards for the waters of
the state that are the subject of the application. Attainment of
those standards constitutes protection of the property.
(7) Adequate documentation confirming that the applicant has
requested comments from the department of natural resources and
the United States fish and wildlife service regarding threatened
and endangered species, including the presence or absence of
critical habitat;
(8) Descriptions, schematics, and appropriate economic
information concerning the applicant's preferred alternative,
nondegradation alternatives, and minimum degradation alternatives
for the design and operation of the project;
(9) The applicant's investigation report of the waters of the
United States in support of a section 404 permit application
concerning the project;
(10) A copy of the United States army corps of engineers'
public notice regarding the section 404 permit application
concerning the project.
(B) Not later than fifteen business days after the receipt of
an application for a section 401 water quality certification, the
director shall review the application to determine if it is
complete and shall notify the applicant in writing as to whether
the application is complete. If the director fails to notify the
applicant within fifteen business days regarding the completeness
of the application, the application is considered complete. If the
director determines that the application is not complete, the
director shall include with the written notification an itemized
list of the information or materials that are necessary to
complete the application. If the applicant fails to provide the
information or materials within sixty days after the director's
receipt of the application, the director may return the incomplete
application to the applicant and take no further action on the
application. If the application is returned to the applicant
because it is incomplete, the director shall return the review fee
levied under division (A)(1), (2), or (3) of section 3745.114 of
the Revised Code to the applicant, but shall retain the
application fee levied under that section.
(C) Not later than twenty-one days after a determination that
an application is complete under division (B) of this section, the
applicant shall publish public notice of the director's receipt of
the complete application in a newspaper of general circulation in
the county in which the project that is the subject of the
application is located. The public notice shall be in a form
acceptable to the director. The applicant shall promptly provide
the director with proof of publication. The applicant may choose,
subject to review by and approval of the director, to include in
the public notice an advertisement for an antidegradation public
hearing on the application pursuant to section 6111.12 of the
Revised Code. There shall be a public comment period of thirty
days following the publication of the public notice.
(D) If the director determines that there is significant
public interest in a public hearing as evidenced by the public
comments received concerning the application and by other requests
for a public hearing on the application, the director or the
director's representative shall conduct a public hearing
concerning the application. Notice of the public hearing shall be
published by the applicant, subject to review and approval by the
director, at least thirty days prior to the date of the hearing in
a newspaper of general circulation in the county in which the
project that is the subject of the application is to take place.
If a public hearing is requested concerning an application, the
director shall accept comments concerning the application until
five business days after the public hearing. A public hearing
conducted under this division shall take place not later than one
hundred days after the application is determined to be complete.
(E) The director shall forward all public comments concerning
an application submitted under this section that are received
through the public involvement process required by rules adopted
under this chapter to the applicant not later than five business
days after receipt of the comments by the director.
(F) The applicant shall respond in writing to written
comments or to deficiencies identified by the director during the
course of reviewing the application not later than fifteen days
after receiving or being notified of them.
(G) The director shall issue or deny a section 401 water
quality certification not later than one hundred eighty days after
the complete application for the certification is received. The
director shall provide an applicant for a section 401 water
quality certification with an opportunity to review the
certification prior to its issuance.
(H) The director shall maintain an accessible database that
includes environmentally beneficial water restoration and
protection projects that may serve as potential mitigation
projects for projects in the state for which a section 401 water
quality certification is required. A project's inclusion in the
database does not constitute an approval of the project.
(I) Mitigation required by a section 401 water quality
certification may be accomplished by any of the following:
(1) Purchasing credits at a mitigation bank approved in
accordance with 33 C.F.R. 332.8;
(2) Participating in an in-lieu fee mitigation program
approved in accordance with 33 C.F.R. 332.8;
(3) Constructing individual mitigation projects.
Notwithstanding the mitigation hierarchy specified in section
3745-1-54 of the Administrative Code, mitigation projects shall be
approved in accordance with the hierarchy specified in 33 C.F.R.
332.3 unless the director determines that the size or quality of
the impacted resource necessitates reasonably identifiable,
available, and practicable mitigation conducted by the applicant.
The director shall adopt rules in accordance with Chapter 119. of
the Revised Code consistent with the mitigation hierarchy
specified in 33 C.F.R. 332.3.
(J) As used in this section and section 6111.31 of the
Revised Code, "section 401 water quality certification" means
certification pursuant to section 401 of the Federal Water
Pollution Control Act and this chapter and rules adopted under it
that any discharge, as set forth in section 401, will comply with
sections 301, 302, 303, 306, and 307 of the Federal Water
Pollution Control Act.
Sec. 6111.32. (A) In order to ensure the regular and orderly
maintenance of federal navigation channels and ports in this
state, the director of environmental protection shall endeavor to
work with the United States army corps of engineers on a dredging
plan that focuses on long-term planning for the disposition of
dredged material consistent with the requirements established in
this section.
(B) On and after July 1, 2020, no person shall deposit
dredged material in the portion of Lake Erie that is within the
jurisdictional boundaries of this state or in the direct
tributaries of Lake Erie within this state that resulted from
harbor or navigation maintenance activities unless the director
has determined that the dredged material is suitable for one of
the locations, purposes, or activities specified in division (C)
of this section and has issued a section 401 water quality
certification authorizing the deposit.
(C) The director may authorize the deposit of dredged
material in the portion of Lake Erie that is within the
jurisdictional boundaries of this state or in the direct
tributaries of Lake Erie within this state that resulted from
harbor or navigation maintenance activities for any of the
following:
(1) Confined disposal facilities;
(2) Beneficial use projects;
(3) Beach nourishment projects if at least eighty per cent of
the dredged material is sand;
(4) Placement in the littoral drift if at least sixty per
cent of the dredged material is sand;
(5) Habitat restoration projects;
(6) Projects involving amounts of dredged material that do
not exceed ten thousand cubic yards, including material associated
with dewatering operations related to dredging operations.
(D) The director may consult with the director of natural
resources for the purposes of this section. The director of
environmental protection has exclusive authority to approve the
location in which dredged material is proposed to be deposited in
the portion of Lake Erie that is within the jurisdictional
boundaries of this state or in the direct tributaries of Lake Erie
within this state.
(E) The director may adopt rules in accordance with Chapter
119. of the Revised Code that are necessary for the implementation
of this section.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, in section 6111.14 of the Revised Code, or in
rules adopted under division (G) of section 6111.03 of the Revised
Code, no municipal corporation, county, public institution,
corporation, or officer or employee thereof or other person shall
provide or install sewerage or treatment works for sewage, sludge,
or sludge materials disposal or treatment or make a change in any
sewerage or treatment works until the plans therefor have been
submitted to and approved by the director of environmental
protection. Sections 6111.44 to 6111.46 of the Revised Code apply
to sewerage and treatment works of a municipal corporation or part
thereof, an unincorporated community, a county sewer district, or
other land outside of a municipal corporation or any publicly or
privately owned building or group of buildings or place, used for
the assemblage, entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons.
In granting an approval, the director may stipulate
modifications, conditions, and rules that the public health and
prevention of pollution may require. Any action taken by the
director shall be a matter of public record and shall be entered
in the director's journal. Each period of thirty days that a
violation of this section continues, after a conviction for the
violation, constitutes a separate offense.
(B) Sections 6111.45 and 6111.46 of the Revised Code and
division (A) of this section do not apply to any of the following:
(1) Sewerage or treatment works for sewage installed or to be
installed for the use of a private residence or dwelling;
(2) Sewerage systems, treatment works, or disposal systems
for storm water from an animal feeding facility or manure, as
"animal feeding facility" and "manure" are defined in section
903.01 of the Revised Code;
(3) Residual farm products and manure treatment or disposal
works and related management and conservation practices that are
subject to rules adopted under division (E)(C)(1) of section
1511.02
939.02 of the Revised Code. As used in division (B)(3) of
this section, "residual farm products" and "manure" have the same
meanings as in section 1511.01 939.01 of the Revised Code.
(4) Sewerage or treatment works for the on-lot disposal or
treatment of sewage from a small flow on-site sewage treatment
system, as defined in section 3718.01 of the Revised Code, if the
board of health of a city or general health district has notified
the director of health and the director of environmental
protection under section 3718.021 of the Revised Code that the
board has chosen to regulate the system, provided that the board
remains in compliance with the rules adopted under division
(A)(13) of section 3718.02 of the Revised Code.
The exclusions established in divisions (B)(2) and (3) of
this section do not apply to the construction or installation of
disposal systems, as defined in section 6111.01 of the Revised
Code, that are located at an animal feeding facility and that
store, treat, or discharge wastewaters that do not include storm
water or manure or that discharge to a publicly owned treatment
works.
Sec. 6111.99. (A) Whoever purposely violates section
6111.04, 6111.042, 6111.05, or division (A) or (C) of section
6111.07 of the Revised Code is guilty of a felony and shall be
fined not more than twenty-five thousand dollars or imprisoned not
more than one year four years, or both. Each day of violation is a
separate offense.
(B) Whoever knowingly violates section 6111.04, 6111.042,
6111.045 or, 6111.047, 6111.05, 6111.45, or division (A) or (C) of
section 6111.07 of the Revised Code is guilty of a misdemeanor and
shall be fined not more than ten thousand dollars or imprisoned
not more than one year, or both. Each day of violation is a
separate offense.
(C) Whoever violates section 6111.45 or 6111.46 of the
Revised Code shall be fined not more than five hundred dollars.
(D) Whoever violates division (C) of section 6111.07 of the
Revised Code shall be fined not more than twenty-five thousand
dollars.
(E) Whoever violates section 6111.42 of the Revised Code
shall be fined not more than one hundred dollars for a first
offense; for each subsequent offense, the person shall be fined
not more than one hundred fifty dollars.
(F)(E) Whoever violates section 6111.44 of the Revised Code
shall be fined not more than one hundred ten thousand dollars.
Each day of violation is a separate offense.
(F) If a person is convicted of or pleads guilty to a
violation of any section of this chapter, in addition to the
financial sanctions authorized by this chapter or section 2929.18
or 2929.28 or any other section of the Revised Code, the court
imposing the sentence on the person may order the person to
reimburse the state agency or a political subdivision for any
actual costs that it incurred in responding to the violation,
including the cost of restoring affected aquatic resources or
otherwise compensating for adverse impact to aquatic resources
directly caused by the violation, but not including the costs of
prosecution.
Sec. 6112.01. As used in sections 6112.01 to 6112.05,
inclusive, of the Revised Code this chapter:
(A) "Sewage" means any substance that contains any of the
waste products or excrementitious or other discharge from the
bodies of human beings or animals, which pollutes the waters of
the state.
(B) "Industrial waste" means any liquid, gaseous, or solid
waste substance resulting from any process of industry,
manufacture, trade, or business, or from the development,
processing, or recovery of any natural resource, together with
such sewage as is present, which pollutes the waters of the state.
(C) "Other wastes" means garbage, refuse, decayed wood,
sawdust shavings, bark, and other wood debris, lime (except
hydrated or dehydrated lime), sand, ashes, offal, night soil, oil,
tar, coal dust, or silt, and other substances
which that are not
included within the definitions of sewage and or industrial waste
set forth in this section, which pollute the waters of the state.
(D) "Sewerage system" means pipe lines pipelines or conduits,
pumping stations, and force mains, and all other constructions,
devices, appurtenances, and facilities that are used for
collecting or conducting water-borne sewage, industrial waste, or
other wastes to a point of disposal or treatment and that are
privately constructed.
(E) "Treatment works" means any plant, disposal field,
lagoon, dam, pumping station, incinerator, or other works used for
the purpose of treating, stabilizing, or holding sewage,
industrial waste, or other wastes.
(F) "Disposal system" means a system for disposing of sewage,
industrial waste, or other wastes, and includes sewerage systems
and treatment works.
(G) "Waters of the state" mean all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations
of water, surface and underground, natural or artificial, which
that are situated wholly or partly within, or border upon, this
state, or are within its jurisdiction, except those private waters
which that do not combine or effect a junction with natural
surface or underground waters.
(H) "Person" means a person, firm, partnership, association,
or corporation, other than a county, township, municipal
corporation, or other political subdivision.
Sec. 6112.03. Applications for approval of plans for the
construction and installation of facilities under this chapter
shall be made in the manner and form prescribed by the director of
environmental protection and shall be accompanied by plans,
specifications, and other data that the director may require
relative to the facilities for which approval of plans is
requested. Thereafter, the director shall review and act upon the
application in accordance with law and the rules adopted pursuant
thereto under section 6111.03 of the Revised Code.
Sec. 6112.06. (A) As used in this section:
(1) "Health district" means a city or general health district
as created by or under authority of Chapter 3709. of the Revised
Code.
(2) "Household sewage treatment system" has the same meaning
as in section 3718.01 of the Revised Code and includes a household
sewage disposal system as defined in rule 3701-29-01 of the
Administrative Code.
(B)(1) A person that submits plans to install a sewerage
system under section 6112.03 of the Revised Code simultaneously
shall notify the owner of each parcel of property that is served
by a household sewage treatment system and the board of health of
the health district in which the affected parcel of property is
located of the installation of the sewerage system if the owner or
operator of the sewerage system has determined that the parcel of
property is reasonably accessible to the sewerage system and may
be required to connect to it. The notice shall include a statement
indicating that if the person receiving the notice chooses to
elect out of connecting to the sewerage system after receiving the
notice, the cost of connecting to the sewerage system in the
future may be higher. The notice shall be in writing and shall be
sent by certified mail.
(2) For purposes of this section, a parcel of property is
reasonably accessible if all of the following apply:
(a) The office of the sanitary engineer of the applicable
jurisdiction and the environmental protection agency have
certified that the new sewerage system and its receiving treatment
works have the capacity to accept the additional waste from the
parcel of property.
(b) The foundation wall of the structure from which sewage or
other waste originates is four hundred feet or less from the
nearest boundary of the right-of-way within which the new sewerage
system is located.
(c) There are no physical barriers between the parcel of
property and the new sewerage system that would prevent the parcel
of property from connecting to the new sewerage system.
(C) A person who receives a notice under division (B) of this
section shall not be required to connect to the sewerage system
specified in the notice if both of the following apply:
(1) The person notifies the owner or operator of the sewerage
system and the board of health of the health district in which the
affected parcel of property is located that the person elects not
to connect to the specified sewerage system. The notice shall be
in writing and shall be sent by certified mail not later than
sixty days after the person has received a notice under division
(B) of this section. Not later than one hundred twenty days after
the board of health receives the notice, the board shall evaluate
the household sewage treatment system serving the affected parcel
of property to determine if the system operates and is maintained
in accordance with Chapter 3718. of the Revised Code and with
rules adopted under that chapter by the director of health and by
the board, if any. The owner of the affected parcel of property is
responsible for the costs of the evaluation.
If the owner of the affected parcel of property is aware that
the property will be vacant at any time during the
one-hundred-twenty-day period, the owner shall notify the board of
health of the dates during which the property will be vacant. In
order for the required inspection to occur, the owner shall ensure
that the property is occupied for at least ninety consecutive days
within the one-hundred-twenty-day period and shall notify the
board of health of the dates of occupancy. Failure to so notify
the board or so occupy the property constitutes termination of the
authorization under this section for the property owner to elect
out of connecting to the sewerage system.
(2) The applicable board of health determines under division
(C)(1) of this section that the household sewage treatment system
operates and is maintained in accordance with Chapter 3718. of the
Revised Code and with rules adopted under that chapter by the
director and by the board, if any. The board shall so notify the
person and the owner or operator of the sewerage system. However,
if the board determines that a nuisance exists under section
3718.011 of the Revised Code, the board shall so notify the
person. The person may repair the system within sixty days to
eliminate the nuisance. However, the board may assist the person
in developing a plan for the incremental repair or replacement of
the system. The incremental repair or replacement plan shall
establish a phased approach to repair, alter, or replace the
system over a period of time specified in the plan and approved by
the board. The incremental repair or replacement plan shall
require sufficient alterations to the system to correct the
nuisance in a timely manner in order for the person not to be
required to connect to the sewerage system. Failure to repair,
alter, or replace the system to eliminate the nuisance constitutes
termination of the authorization under this section for the
property owner to elect out of connecting to the sewerage system.
(D)(1) Division (C) of this section does not apply to a
household sewage treatment system that is a discharging system.
The notification required by division (B) of this section shall be
issued to an applicable property owner regardless of whether the
property owner's system is a discharging system.
(2) For purposes of this section, a discharging system is one
of the following:
(a) A system for which an NPDES permit has been issued under
Chapter 6111. of the Revised Code and rules adopted under it;
(b) A system for which an NPDES permit would be required, but
that has not been issued such a permit.
Section 2. That existing sections 901.22, 903.01, 903.03,
903.07, 903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16,
903.17, 903.25, 941.14, 953.22, 956.03, 956.04, 1501.011, 1509.01,
1509.06, 1509.07, 1509.11, 1509.16, 1509.222, 1509.223, 1509.23,
1509.27, 1509.28, 1509.33, 1509.99, 1511.01, 1511.02, 1511.021,
1511.022, 1511.023, 1511.05, 1511.07, 1511.99, 1514.09, 1514.11,
1515.01, 1515.08, 1522.10, 1522.13, 1533.081, 1533.12, 1548.07,
1561.24, 1711.13, 3704.05, 3734.02, 3734.029, 3745.70, 3750.081,
3750.13, 3769.21, 3781.10, 4507.03, 4707.02, 4905.71, 4927.01,
4927.02, 4927.07, 4927.11, 4927.15, 5713.051, 6109.10, 6111.03,
6111.04, 6111.30, 6111.44, 6111.99, 6112.01, and 6112.03 and
sections
903.04, 1511.071, 1514.40, 1514.41, 1514.42, 1514.43,
1514.44,
1514.45, 1514.46, and 1514.47 of the Revised Code are
hereby repealed.
Section 3. For purposes of the transfer by this act of the
Agricultural Pollution Abatement Program established prior to the
effective date of the amendment of the statutes governing the
Program by this act under Chapter 1511. of the Revised Code from
the Department of Natural Resources to the Department of
Agriculture, all of the following apply:
(A) The Director of Natural Resources shall enter into a
memorandum of understanding with the Director of Agriculture
regarding the transfer of the Program.
(B) On the date on which the two Directors sign a memorandum
of understanding under division (A) of this section, the Director
of Natural Resources shall provide the Director of Agriculture
with both of the following:
(1) Copies of all operation and management plans, or
applicable portions of such plans, developed or approved by the
Chief of the Division of Soil and Water Resources under Chapter
1511. of the Revised Code or the supervisors of a soil and water
conservation district under Chapter 1515. of the Revised Code for
the abatement of the degradation of the waters of the state by
manure, including attached substances, that were developed or
approved prior to the effective date of the amendment of the
statutes governing the Program by this act;
(2) Copies of all operation and management plans, or
applicable portions of such plans, and accompanying information
that were submitted for approval by the Chief or the supervisors
of a soil and water conservation district under Chapter 1511. or
1515. of the Revised Code, as applicable, prior to the effective
date of the amendment of the statutes governing the Program by
this act for the abatement of the degradation of the waters of the
state by manure, including attached substances.
(C) Any business commenced but not completed by the Chief of
the Division of Soil and Water Resources relating to the Program
on the effective date of the amendment of the statutes governing
the Program by this act shall be completed by the Director of
Agriculture. Any validation, cure, right, privilege, remedy,
obligation, or liability is not lost or impaired solely by reason
of the transfer required by this act and shall be administered by
the Director of Agriculture in accordance with this act.
(D) All of the orders and determinations of the Chief of the
Division of Soil and Water Resources relating to the Agricultural
Pollution Abatement Program continue in effect as orders and
determinations of the Director of Agriculture until modified or
rescinded by the Director.
(E) Whenever the Division of Soil and Water Resources or the
Chief of the Division of Soil and Water Resources, in relation to
the Program, is referred to in any law, contract, or other
document, the reference shall be deemed to refer to the Department
of Agriculture or to the Director of Agriculture, whichever is
appropriate in context.
(F) Any action or proceeding pending on the effective date of
the amendment of the statutes governing the Program by this act is
not affected by the transfer of the functions of that Program by
this act and shall be prosecuted or defended in the name of the
Department of Agriculture. In all such actions and proceedings,
the Department of Agriculture, upon application to the court,
shall be substituted as a party.
(G) As used in this section:
(1) "Soil and water conservation district" has the same
meaning as in section 1515.01 of the Revised Code.
(2) "Waters of the state" and "operation and management plan"
have the same meanings as in section 1511.01 of the Revised Code.
(3) "Manure" has the same meaning as in section 939.01 of the
Revised Code.
Section 4. The Director of Agriculture shall adopt rules in
accordance with Chapter 119. of the Revised Code that are
identical to all of the following rules as those rules exist on
the effective date of this section, except that references to the
Division of Soil and Water Resources in the Department of Natural
Resources shall be replaced with references to the Department of
Agriculture, and references to the Chief of the Division of Soil
and Water Resources shall be replaced with references to the
Director of Agriculture:
(A) Rule 1501:15-5-01 of the Ohio Administrative Code;
(B) Rule 1501:15-5-02 of the Ohio Administrative Code;
(C) Rule 1501:15-5-03 of the Ohio Administrative Code;
(D) Rule 1501:15-5-05 of the Ohio Administrative Code;
(E) Rule 1501:15-5-06 of the Ohio Administrative Code;
(F) Rule 1501:15-5-07 of the Ohio Administrative Code;
(G) Rule 1501:15-5-14 of the Ohio Administrative Code;
(H) Rule 1501:15-5-15 of the Ohio Administrative Code;
(I) Rule 1501:15-5-18 of the Ohio Administrative Code.
Section 5. Operation and management plans that were developed
or approved under Chapter 1511. or 1515. of the Revised Code prior
to the amendment of those chapters by this act continue in effect
as nutrient utilization plans under Chapter 939. or 1515. of the
Revised Code as enacted or amended by this act, as applicable.
Section 6. The Agricultural Pollution Abatement Fund that is
created in section 939.11 of the Revised Code, as enacted by this
act, is a continuation of the Agricultural Pollution Abatement
Fund that was created in section 1511.071 of the Revised Code
prior to its repeal by this act. Money credited to the Fund under
section 1511.071 of the Revised Code, as repealed by this act,
shall be used for the purposes specified in section 939.11 of the
Revised Code, as enacted by this act.
Section 7. The Public Utilities Commission shall plan for the
transition, consistent with the directives and policies of the
Federal Communications Commission, from the current public
switched telephone network to an internet-protocol network that
will stimulate investment in the internet-protocol network in Ohio
and that will expand the availability of advanced
telecommunications services to all Ohioans. The transition plan
shall include a review of statutes or rules that may prevent or
delay an appropriate transition. The Public Utilities Commission
shall report to the General Assembly on any further action
required to be taken by the General Assembly to ensure a
successful and timely transition.
Section 8. (A) Not later than ninety days after the effective
date of this section, the Public Utilities Commission shall
establish a collaborative process with all of the following, to
address the internet-protocol-network transition:
(1) Incumbent local exchange carriers;
(2) Any competitive local exchange carriers affected by the
transition;
(3) The Office of the Ohio Consumers' Counsel;
(4) At the invitation of the Commission, other interested
consumer representatives and members of the General Assembly.
(B) The collaborative process shall focus on the
internet-protocol-network transition processes underway at the
Federal Communications Commission and the issues of universal
connectivity, consumer protection, public safety, reliability,
expanded availability of advanced services, and competition. The
industry participants shall strive to address unserved or
underserved areas with wireline or wireless alternatives. The
collaborative process shall ensure that public education
concerning the transition is thorough. The process shall also
address the availability of wireless and wireline voice services
to consumers of basic local exchange service, upon the eventual
withdrawal of basic local exchange service, and how best to make
those consumers aware of the available options.
(C) The collaborative process shall include a review of the
number and characteristics of basic-local-exchange-service
customers in Ohio, an evaluation of what alternatives are
available to them, and shall embark on an education campaign plan
for those customers' eventual transition to advanced services. If
the collaborative process identifies residential
basic-local-exchange-service customers who will be unable to
obtain voice service upon the withdrawal or abandonment of basic
local exchange service, the Public Utilities Commission may find
those customers to be eligible for the process under division (B)
of section 4927.10 of the Revised Code, regardless of whether they
have filed petitions under that division.
(D) The collaborative process shall, pursuant to the rules of
the Public Utilities Commission, respect the confidentiality of
any data shared with those involved in the process.
Section 9. (A) The Public Utilities Commission shall do both
of the following:
(1) Adopt rules to implement section 4927.10 of the Revised
Code and the amendments to sections 4927.01, 4927.02, 4927.07, and
4927.11 of the Revised Code made by H.B. 490 of the 130th General
Assembly;
(2) Bring its rules into conformity with this act.
(B) Rules adopted or amended under this section shall include
provisions for reasonable customer notice of the steps to be taken
during, and the actions resulting from, the transition plan
described in Section 7 of H.B. 490 of the 130th General Assembly.
(C) Any rule adopted or amended under this section shall be
consistent with the rules of the Federal Communications
Commission.
(D) If the Public Utilities Commission fails to comply with
division (A) of this section before the Federal Communications
Commission adopts the order described in section 4927.10 of the
Revised Code, any rule of the Public Utilities Commission that is
inconsistent with that order shall not be enforced.
Section 10. (A) The amendment by this act of section 5713.051
of the Revised Code clarifies the intent of the General Assembly
that the method described in section 5713.051 of the Revised Code
for determining the true value in money of oil and gas reserves
for property tax purposes continues to represent the only method
for valuing oil and gas reserves for property tax purposes.
(B) The amendment by this act of section 5713.051 of the
Revised Code applies to any addition of oil and gas reserves to
the tax list and duplicate on or after the effective date of that
amendment, including oil and gas reserves added to the tax list
pursuant to section 319.35, 319.36, or 5713.20 of the Revised
Code. The amendment by this act of section 5713.051 of the Revised
Code applies to any taxes for oil and gas reserves charged by a
county auditor or county treasurer, including taxes for oil and
gas reserves charged under section 319.40 or 5713.20 of the
Revised Code on or after the effective date of that amendment.
(C) Division (B) of this section applies without regard to
the tax year or tax years to which the addition or charged taxes
relate.
Section 11. (A) Except as provided in division (B) of this
section, sections 905.326, 905.327, 1511.024, and 1511.025 of the
Revised Code, as enacted by this act, cease to operate five years
after the effective date of this section.
(B) Not later than four years after the effective date of
this section, the committees of the House of Representatives and
the Senate that are primarily responsible for agriculture and
natural resources matters jointly shall review the effectiveness
of the sections of the Revised Code specified in division (A) of
this section in order to determine whether to recommend
legislation terminating the cessation of operation established in
that division. The committees jointly shall issue a report to the
Governor containing their findings and recommendation. If the
committees recommend termination of the cessation, the committees
may include in the report additional recommendations for revisions
to those sections.
Section 12. That sections 1511.024 and 1511.025 of the
Revised Code as they result from Section 1 of this act be
recodified as sections 939.11 and 939.12, respectively, of the
Revised Code and amended to read as follows:
Sec. 1511.024 939.11. (A) Except as provided in division (B)
of this section, no person in the western basin shall surface
apply manure under any of the following circumstances:
(1) On snow-covered or frozen soil;
(2) When the top two inches of soil are saturated from
precipitation;
(3) When the local weather forecast for the application area
contains greater than a fifty per cent chance of precipitation
exceeding one-half inch in a twenty-four-hour period.
(B) Division (A) of this section does not apply if a person
in the western basin applies manure under any of the following
circumstances:
(1) The manure application is injected into the ground.
(2) The manure application is incorporated within twenty-four
hours of surface application.
(3) The manure application is applied onto a growing crop.
(4) The manure application consists of potash or gypsum.
(5) In the event of an emergency, the chief director of the
division of soil and water resources agriculture provides written
consent and the manure application is made in accordance with
procedures established in the United States department of
agriculture natural resources conservation service practice
standard code 590.
(C)(1) Upon receiving a complaint by any person or upon
receiving information that would indicate a violation of this
section, the chief director or the chief's director's designee may
investigate or make inquiries into any alleged failure to comply
with this section.
(2) After receiving a complaint by any person or upon
receiving information that would indicate a violation of this
section, the chief director or the chief's director's designee may
enter at reasonable times on any private or public property to
inspect and investigate conditions relating to any such alleged
failure to comply with this section.
(3) If any individual denies access to the chief director or
the chief's director's designee, the chief director may apply to a
court of competent jurisdiction in the county in which the
premises is located for a search warrant authorizing access to the
premises for the purposes of this section.
(4) The court shall issue the search warrant for the purposes
requested if there is probable cause to believe that the person is
not in compliance with this section. The finding of probable cause
may be based on hearsay, provided that there is a reasonable basis
for believing that the source of the hearsay is credible.
(D) This section does not affect any restrictions established
in Chapter 903. of the Revised Code or otherwise apply to those
entities or facilities that are permitted as concentrated animal
feeding facilities under that chapter.
(E) As used in this section, "western basin" has the same
meaning as in section 905.326 of the Revised Code.
Sec. 1511.025 939.12. (A) The director of agriculture may
assess a civil penalty against a person that violates section
1511.024 939.11 of the Revised Code. The chief director may impose
a civil penalty only if the chief director affords the person an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the chief's director's determination
that the person violated section 1511.024 939.11 of the Revised
Code. The person may waive the right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the chief director
determines that a violation has occurred or is occurring, the
chief director may issue an order requiring compliance with
section 1511.024 939.11 of the Revised Code and assess the civil
penalty. The order and the assessment of the civil penalty may be
appealed in accordance with section 119.12 of the Revised Code.
(C) A person that has violated section 1511.024 939.11 of the
Revised Code shall pay a civil penalty in an amount established in
rules. Each thirty-day period during which a violation continues
constitutes a separate violation.
(D) The chief director shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish the amount of the
civil penalty assessed under this section. The civil penalty shall
not be more than ten thousand dollars for each violation.
Section 13. That existing sections 1511.024 and 1511.025 of
the Revised Code are hereby repealed.
Section 14. Sections 12 and 13 of this act take effect
January 1, 2017.
Section 15. The amendment, enactment, or repeal of sections
901.22, 903.01, 903.03, 903.04, 903.07, 903.082, 903.09, 903.10,
903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 939.01, 939.02,
939.03, 1511.022 (939.04), 939.05, 939.06, 939.07, 939.08, 939.09,
939.10, 939.11, 941.14, 953.22, 1511.01, 1511.02, 1511.021,
1511.023 (1511.022), 1511.023, 1511.05, 1511.07, 1511.071,
1511.09, 1511.99, 1515.01, 1515.08, 3734.02, 3734.029, 3745.70,
6111.03, 6111.04, and 6111.44 of the Revised Code and Sections 3,
4, 5, and 6 of this act takes effect on January 1, 2017.