As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 46


Senators Schiavoni, LaRose 


A BILL
To amend sections 1509.99 and 3734.99 and to enact 1
section 1509.16 of the Revised Code to increase 2
criminal penalties for violations of the Oil and 3
Gas Law relating to improper disposal, transport, 4
and management of brine, to establish a criminal 5
penalty for a negligent violation of certain 6
provisions of the Solid, Hazardous, and Infectious 7
Wastes Law, and to require the revocation of a 8
violator's permits and registration certificate 9
and denial of future permit and registration 10
certificate applications under the Oil and Gas 11
Law.12


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

       Section 1.  That sections 1509.99 and 3734.99 be amended and 13
section 1509.16 of the Revised Code be enacted to read as follows:14

       Sec. 1509.16.  In addition to any other penalties or 15
enforcement actions provided for in this chapter for a violation 16
of division (A) of section 1509.22 or division (C) of section 17
1509.223 of the Revised Code, if a person who has been issued a 18
permit or registration certificate under this chapter has been 19
convicted of or pleaded guilty to violating either of those 20
divisions, the chief of the division of oil and gas resources 21
management shall do both of the following:22

       (A) Permanently revoke each permit and registration 23
certificate issued to the person;24

       (B) Deny any future application by the person for a permit or 25
registration certificate.26

       Sec. 1509.99.  (A) Whoever violates sections 1509.01 to 27
1509.31 of the Revised Code or any rules adopted or orders or 28
terms or conditions of a permit issued pursuant to these sections 29
for which no specific penalty is provided in this section shall be 30
fined not less than one hundred nor more than one thousand dollars 31
for a first offense; for each subsequent offense the person shall 32
be fined not less than two hundred nor more than two thousand 33
dollars.34

       (B) Whoever violates section 1509.221 of the Revised Code or 35
any rules adopted or orders or terms or conditions of a permit 36
issued thereunder shall be fined not more than five thousand 37
dollars for each violation.38

       (C) Whoever knowingly violates section 1509.072, division 39
(A), (B), or (D) of section 1509.22, division (A)(1) or (C) of 40
section 1509.222, or division (A) or (D) of section 1509.223 of 41
the Revised Code or any rules adopted or orders issued under 42
division (C) of section 1509.22 or rules adopted or orders or 43
terms or conditions of a registration certificate issued under 44
division (E) of section 1509.222 of the Revised Code is guilty of 45
a felony and shall be fined not less than ten thousand dollars nor 46
more than fifty thousand dollars or imprisoned for six months47
three years, or both for a first offense; for each subsequent 48
offense the person shall be fined not less than twenty thousand 49
dollars nor more than one hundred thousand dollars or imprisoned 50
for twosix years, or both. Whoever negligently violates those 51
divisions, sections, rules, orders, or terms or conditions of a 52
registration certificate is guilty of a felony and shall be fined 53
not moreless than five thousand dollars nor more than twenty-five 54
thousand dollars or imprisoned for not more than one year, or 55
both; for each subsequent offense the person shall be fined not 56
less than ten thousand dollars nor more than fifty thousand 57
dollars or imprisoned for two years, or both.58

       (D) Whoever violates division (C) of section 1509.223 of the 59
Revised Code shall be fined not more than five hundred dollars for 60
a first offense and not more than one thousand dollars for a 61
subsequent offense.62

       (E) The prosecuting attorney of the county in which the 63
offense was committed or the attorney general may prosecute an 64
action under this section.65

       (F) For purposes of this section, each day of violation 66
constitutes a separate offense.67

       Sec. 3734.99.  (A) Except as otherwise provided in divisions 68
(B), (C), (D), (E), (F), (G), and (H) of this section, whoever 69
recklessly violates any section of this chapter, except section 70
3734.025, 3734.18, 3734.57, 3734.572, 3734.573, 3734.574, or 71
3734.60 of the Revised Code, recklessly violates section 3734.03 72
of the Revised Code with regard to scrap tires, or recklessly 73
violates an order issued under division (B) of section 3734.13 of 74
the Revised Code regarding a violation of the provisions of this 75
chapter governing scrap tires, is guilty of a felony and shall be 76
fined at least ten thousand dollars, but not more than twenty-five 77
thousand dollars, or imprisoned for at least two years, but not 78
more than four years, or both. Whoever negligently violates 79
division (C), (F), (H), (I), or (K) of section 3734.02 or section 80
3734.03 of the Revised Code is guilty of a misdemeanor and shall 81
be fined not more than ten thousand dollars, or imprisoned for not 82
more than two years, or both. Whoever violates section 3734.025, 83
3734.18, 3734.57, 3734.572, 3734.573, or 3734.574 of the Revised 84
Code shall be fined not more than ten thousand dollars. Each day 85
of violation constitutes a separate offense.86

       (B) Whoever violates division (G) of section 3734.05 of the 87
Revised Code with respect to a report required pursuant to a plan 88
approved under division (A) of section 3734.041 of the Revised 89
Code or violates division (D) of section 3734.13 of the Revised 90
Code with respect to an order issued pursuant to division (C) or 91
(D) of section 3734.041 of the Revised Code is guilty of a felony 92
and shall be fined at least ten thousand dollars, but not more 93
than twenty-five thousand dollars, or imprisoned for at least two 94
years, but not more than four years, or both. Each day of 95
violation constitutes a separate offense.96

       (C) Except as otherwise provided in division (G) or (H) of 97
this section, upon a second or subsequent conviction of a 98
violation of any section of this chapter, except section 3734.025, 99
3734.18, 3734.57, 3734.572, 3734.573, 3734.574, or 3734.60 or a 100
rule adopted under division (B) of section 3734.122 of the Revised 101
Code, the offender shall be fined at least twenty thousand 102
dollars, but not more than fifty thousand dollars per day of 103
violation, or imprisoned for at least two years, but not more than 104
four years, or both.105

       (D) Whoever knowingly violates a rule adopted under division 106
(B) of section 3734.122 of the Revised Code shall be fined not 107
more than twenty-five thousand dollars for each day of violation, 108
or imprisoned for not more than one year, or both.109

       (E) Except as otherwise provided in divisions (F) and (G) of 110
this section, whoever recklessly violates division (B) of section 111
3734.029 of the Revised Code or any provision of this chapter 112
governing scrap tires is guilty of a misdemeanor of the first 113
degree.114

       (F) Whoever knowingly violates an order issued under division 115
(A) of section 3734.13 regarding a violation of the provisions of 116
this chapter governing scrap tires or division (B) of section 117
3734.029, division (B) or (C) of section 3734.75, division (B) or 118
(C) of section 3734.76, division (B) or (C) of section 3734.77, 119
division (B) or (C) of section 3734.78, section 3734.81, division 120
(A) of section 3734.83, or a term or condition of a permit or 121
license issued under section 3734.76, 3734.77, 3734.78, or 3734.81 122
of the Revised Code is guilty of a felony and shall be fined at 123
least ten thousand dollars, but not more than twenty-five thousand 124
dollars, or imprisoned for at least two years, but not more than 125
four years, or both. Each day of violation constitutes a separate 126
offense.127

       (G) Upon a second or subsequent conviction of a violation of 128
any provision of this chapter specified in division (E) or (F) of 129
this section, the offender is guilty of a felony and shall be 130
fined at least twenty thousand dollars, but not more than fifty 131
thousand dollars per day of violation, or imprisoned for at least 132
two years, but not more than four years, or both.133

       (H) Whoever knowingly violates any provision of section 134
3734.904, 3734.906, 3734.907, 3734.908, 3734.9011, 3734.9012, or 135
3734.9013 of the Revised Code, or any rule adopted by the tax 136
commissioner under section 3734.902 or 3734.904 of the Revised 137
Code, is guilty of a misdemeanor of the first degree on a first 138
offense; on each subsequent offense, the person is guilty of a 139
felony of the fourth degree.140

       Section 2.  That existing sections 1509.99 and 3734.99 of the 141
Revised Code are hereby repealed.142