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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 46 |
SENATORS CARNES-DIX-GAETH-WHITE-
REPRESENTATIVES HAINES-HOUSEHOLDER-OGG-OPFER-PADGETT-VESPER-
TIBERI-TERWILLEGER-LEWIS-REID
A BILL
To amend sections 1509.38, 3737.91, and 3737.92 and to enact sections 1510.01
to 1510.13 and 1510.99
of the Revised
Code to provide for the establishment of an oil and natural gas
marketing program and to add requirements for
eligibility to receive payment
from the Petroleum Underground Storage Tank Financial Assurance
Fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1509.38, 3737.91, and 3737.92 be amended and sections
1510.01, 1510.02,
1510.03, 1510.04,
1510.05, 1510.06, 1510.07, 1510.08, 1510.09, 1510.10, 1510.11,
1510.12, 1510.13, and 1510.99 of the Revised Code be
enacted to read as follows:
Sec. 1509.38. There is hereby created in the division of
oil and gas a technical advisory council on oil and gas, which
shall consist of eight members to be appointed by the governor
with the advice and consent of the senate. Three members shall
be independent oil or gas producers, operators, or their
representatives, operating and producing primarily in Ohio THIS
STATE, three
members shall be oil or gas producers, operators, or their
representatives having substantial oil and gas producing
operations in Ohio THIS STATE and at least one other state, one
member shall
represent the public, and one member shall represent persons
having landowners' royalty interests in oil and gas production.
All members must SHALL be residents of Ohio THIS
STATE, and all members, except
the members representing the public and persons having
landowners' royalty interests, must SHALL have at least five
years of
practical or technical experience in oil or gas drilling and
production. Not more than one member may represent any one
company, producer, or operator.
Terms of office shall be for three years, commencing on the
first day of February and ending on the thirty-first day of
January, except that upon expiration of the term ending February
1, 1976, the new term which succeeds it shall commence on
February 2, 1976 and end on January 31, 1979; upon expiration of
the terms ending on February 2, 1975, the new terms which succeed
them shall commence on February 3, 1975 and end on January 31,
1978; and upon expiration of the terms ending on February 4,
1973, the new terms which succeed them shall commence on February
5, 1973 and end on January 31, 1976. Each member shall hold
office from the date of his appointment until the end of the term
for which he THE MEMBER was appointed. A vacancy in the office
of a member
shall be filled by the governor, with the advice and consent of
the senate. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his THE MEMBER'S
predecessor was appointed shall hold office for the remainder of such
THAT term. Any
member shall continue in office subsequent to the expiration date
of his THE MEMBER'S term until his THE MEMBER'S
successor
takes office, or until a period
of sixty days has elapsed, whichever occurs first.
The council shall select from among its members a chairman
CHAIRPERSON, a vice-chairman VICE-CHAIRPERSON, and a
secretary. All members are entitled to their actual and necessary expenses
incurred in the performance of their duties as such members, payable
from the
appropriations
for the division.
The governor may remove any member for inefficiency,
neglect of duty, or malfeasance in office.
The council shall hold at least one regular meeting in each
quarter of a calendar year, and shall keep a record of its
proceedings. Special meetings may be called by the chairman,
CHAIRPERSON and shall be called by him THE CHAIRPERSON
upon receipt of a written request therefor signed by two or more
members of
the council. A written notice of the time and place of each meeting shall be
sent to each member of the council. Five members constitute a quorum, and no
action of the council is valid unless five members concur.
The council shall, when requested by the chief of the
division of oil and gas, SHALL consult with and advise the chief and
perform such other duties as THAT may be lawfully
delegated to it by the chief. The council shall have the right to
MAY participate in hearings held by the chief pursuant to Chapter
1509. of the
Revised Code, UNDER THIS CHAPTER and shall have HAS
powers of approval as provided in
sections 1509.24 and 1509.25 of the Revised Code.
THE COUNCIL SHALL CONDUCT THE ACTIVITIES REQUIRED, AND EXERCISE THE
AUTHORITY GRANTED, UNDER CHAPTER 1510. of the Revised Code.
Sec. 1510.01. AS USED IN THIS CHAPTER:
(A) "FIRST PURCHASER" MEANS:
(1) WITH REGARD TO CRUDE OIL, THE PERSON TO WHOM TITLE
FIRST IS TRANSFERRED BEYOND THE GATHERING TANK OR TANKS, BEYOND
THE FACILITY FROM WHICH THE CRUDE OIL WAS FIRST PRODUCED, OR
BOTH;
(2) WITH REGARD TO NATURAL GAS, THE PERSON TO WHOM TITLE
FIRST IS TRANSFERRED BEYOND THE INLET SIDE OF THE MEASUREMENT
STATION FROM WHICH THE NATURAL GAS WAS FIRST PRODUCED.
(B) "INDEPENDENT
PRODUCER" MEANS A PERSON WHO COMPLIES WITH BOTH OF THE FOLLOWING:
(1) PRODUCES OIL OR NATURAL GAS AND IS
NOT ENGAGED IN REFINING EITHER PRODUCT;
(2) DERIVES A MAJORITY
OF INCOME FROM OWNERSHIP IN PROPERTIES PRODUCING OIL OR NATURAL
GAS.
(C) "QUALIFIED
INDEPENDENT PRODUCER ASSOCIATION" MEANS AN ASSOCIATION THAT
COMPLIES WITH ALL OF THE FOLLOWING:
(1) IT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS
SECTION;
(2) IT IS ORGANIZED AND OPERATING WITHIN THIS
STATE;
(3) A MAJORITY OF THE MEMBERS OF ITS GOVERNING BODY ARE
INDEPENDENT PRODUCERS.
(D) "TECHNICAL ADVISORY COUNCIL" OR "COUNCIL" MEANS THE TECHNICAL
ADVISORY COUNCIL CREATED IN THE DIVISION OF OIL AND GAS UNDER SECTION
1509.38 of the Revised Code.
Sec. 1510.02. IN ACCORDANCE WITH THIS CHAPTER, THE
TECHNICAL ADVISORY COUNCIL SHALL DO ALL OF THE
FOLLOWING:
(A) ESTABLISH PROCEDURES
BY WHICH INDEPENDENT PRODUCERS IN THIS STATE MAY PROPOSE,
DEVELOP, AND OPERATE A MARKETING PROGRAM TO DO ALL OF THE
FOLLOWING:
(1) DEMONSTRATE TO THE GENERAL PUBLIC THE IMPORTANCE AND
ECONOMIC SIGNIFICANCE OF THE OIL AND NATURAL GAS INDUSTRY IN
THIS STATE;
(2) ENCOURAGE THE WISE AND EFFICIENT USE OF
ENERGY;
(3) PROMOTE ENVIRONMENTALLY SOUND PRODUCTION METHODS AND
TECHNOLOGIES IN THE INDUSTRY;
(4) SUPPORT RESEARCH AND EDUCATIONAL ACTIVITIES
CONCERNING THE INDUSTRY.
(B) ESTABLISH PROCEDURES
NECESSARY TO IMPLEMENT AND
ADMINISTER THIS CHAPTER;
(C) DETERMINE THE
ELIGIBILITY OF INDEPENDENT PRODUCERS TO PARTICIPATE IN
REFERENDUMS AND OTHER PROCEDURES THAT MAY BE REQUIRED TO
ESTABLISH A MARKETING PROGRAM FOR OIL AND NATURAL GAS.
Sec. 1510.03. A
MARKETING PROGRAM THAT IS ESTABLISHED UNDER THIS CHAPTER MAY
INCLUDE AUTHORITY TO DO AT LEAST ALL OF THE FOLLOWING:
(A) CARRY OUT THE PURPOSES OF THE PROGRAM IDENTIFIED IN
SECTION 1510.02 of the Revised Code;
(B) ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS,
AGENCIES, OR INDIVIDUALS, OR ANY COMBINATION THEREOF, TO CARRY
OUT THOSE PURPOSES;
(C) CONTRIBUTE TO ANY NATIONAL OR REGIONAL MARKETING
PROGRAM FOR OIL AND NATURAL GAS IF THE PROGRAM IS EXCLUSIVELY
FOR THE SAME PURPOSES AS THE PROGRAM ESTABLISHED UNDER THIS
CHAPTER.
Sec. 1510.04. (A) INDEPENDENT PRODUCERS IN THIS STATE MAY
PRESENT THE TECHNICAL ADVISORY COUNCIL WITH A PETITION
SIGNED BY THE LESSER OF ONE HUNDRED OR TEN PER CENT OF ALL
SUCH PRODUCERS REQUESTING THAT THE COUNCIL HOLD A REFERENDUM IN
ACCORDANCE WITH SECTION 1510.05 of the Revised Code TO ESTABLISH A
MARKETING PROGRAM FOR OIL AND NATURAL GAS OR TO AMEND AN EXISTING
PROGRAM.
(B) AT THE TIME OF PRESENTATION OF THE PETITION TO THE
COUNCIL UNDER DIVISION (A) OF THIS SECTION, THE PETITIONERS ALSO
SHALL PRESENT THE PROPOSED PROGRAM OR AMENDMENT, WHICH
SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE RATE OF ASSESSMENT TO BE MADE ON THE PRODUCTION OF OIL AND NATURAL
GAS IN THIS STATE, WHICH SHALL NOT EXCEED ONE CENT PER EACH GROSS BARREL OF
OIL AND ONE-TENTH OF ONE CENT PER THOUSAND CUBIC FEET OF NATURAL GAS;
(2) TERMS, CONDITIONS, LIMITATIONS, AND OTHER
QUALIFICATIONS FOR ASSESSMENT;
(3) PROCEDURES TO REFUND THE ASSESSMENT.
(C) BEFORE MAKING A DECISION UNDER THIS DIVISION TO
APPROVE OR DISAPPROVE A PROPOSED PROGRAM OR AMENDMENT, THE COUNCIL SHALL
PUBLISH IN AT LEAST TWO APPROPRIATE PERIODICALS DESIGNATED BY
THE COUNCIL A NOTICE THAT THE PROGRAM OR AMENDMENT HAS BEEN PROPOSED AND
INFORMING INTERESTED PERSONS OF THE PROCEDURES FOR SUBMITTING
COMMENTS REGARDING THE PROPOSAL. AFTER PUBLISHING THE NOTICE,
THE COUNCIL SHALL PROVIDE INTERESTED PERSONS WITH A COPY OF THE
PROPOSED PROGRAM OR AMENDMENT AND
AN OPPORTUNITY TO COMMENT ON THE PROPOSED PROGRAM OR AMENDMENT
FOR THIRTY DAYS AFTER THE PUBLICATION OF THE NOTICE. THE
PETITIONERS MAY MAKE CHANGES TO THE PROPOSED PROGRAM OR AMENDMENT
BASED UPON THE COMMENTS RECEIVED. THE COUNCIL MAY MAKE
TECHNICAL CHANGES TO THE PROPOSAL TO ENSURE COMPLIANCE WITH
THIS CHAPTER. SUBSEQUENT TO ANY
CHANGES MADE BY THE PETITIONERS OR ANY TECHNICAL CHANGES MADE BY
THE COUNCIL TO A PROPOSED PROGRAM OR AMENDMENT, THE COUNCIL MAY APPROVE OR
DISAPPROVE THE PROPOSED PROGRAM OR AMENDMENT.
(D) IF THE COUNCIL APPROVES THE PROPOSED PROGRAM OR
AMENDMENT, WITH ANY CHANGES MADE UNDER DIVISION (C) OF THIS
SECTION, THE COUNCIL SHALL HOLD A REFERENDUM IN ACCORDANCE WITH SECTION
1510.05 of the Revised Code TO ESTABLISH A MARKETING PROGRAM FOR OIL AND NATURAL GAS OR TO
AMEND AN EXISTING PROGRAM.
Sec. 1510.05. (A) NOT
LATER THAN NINETY DAYS AFTER THE TECHNICAL ADVISORY COUNCIL
HAS APPROVED A MARKETING PROGRAM PROPOSED UNDER SECTION 1510.04
of the Revised Code, OR AN AMENDMENT TO SUCH A
PROGRAM, THE COUNCIL SHALL DETERMINE BY A REFERENDUM WHETHER
THE ELIGIBLE INDEPENDENT PRODUCERS, AS DETERMINED UNDER DIVISION
(C) OF SECTION 1510.02 of the Revised Code, FAVOR THE PROPOSED
PROGRAM OR AMENDMENT. THE COUNCIL SHALL CAUSE A BALLOT REQUEST
FORM TO BE PUBLISHED NOT LESS THAN THIRTY DAYS BEFORE THE
BEGINNING OF THE ELECTION PERIOD ESTABLISHED UNDER DIVISION
(B) OF THIS SECTION IN AT LEAST
TWO APPROPRIATE PERIODICALS DESIGNATED BY THE COUNCIL AND SHALL
MAKE THE FORM AVAILABLE FOR REPRODUCTION TO ANY QUALIFIED
INDEPENDENT PRODUCER ASSOCIATION.
(B) IN A REFERENDUM HELD
UNDER THIS SECTION, EACH ELIGIBLE INDEPENDENT PRODUCER IS
ENTITLED TO ONE VOTE. THE COUNCIL SHALL ESTABLISH A THREE-DAY
PERIOD DURING WHICH ELIGIBLE INDEPENDENT PRODUCERS MAY VOTE
EITHER IN PERSON DURING NORMAL BUSINESS HOURS AT POLLING PLACES
DESIGNATED BY THE COUNCIL OR BY MAILING A BALLOT TO SUCH A
POLLING PLACE. THE COUNCIL SHALL
SEND A MAIL-IN BALLOT BY FIRST-CLASS MAIL TO ANY ELIGIBLE
INDEPENDENT PRODUCER WHO REQUESTS ONE BY
SENDING IN THE BALLOT REQUEST FORM PROVIDED
FOR IN DIVISION (A) OF THIS
SECTION, BY CALLING ONE OF THE POLLING PLACES DESIGNATED BY THE
COUNCIL, OR BY ANY ADDITIONAL METHOD THAT THE COUNCIL MAY
PROVIDE. A BALLOT THAT IS RETURNED BY MAIL IS NOT VALID IF IT
IS POSTMARKED LATER THAN THE THIRD DAY OF THE ELECTION PERIOD
ESTABLISHED BY THE COUNCIL.
(C) A MARKETING PROGRAM
OR AN AMENDMENT TO A MARKETING PROGRAM IS FAVORED BY INDEPENDENT
PRODUCERS IF A MAJORITY OF THE INDEPENDENT PRODUCERS WHO VOTE IN
THE REFERENDUM VOTE IN FAVOR OF THE PROGRAM OR AMENDMENT. IF
THE INDEPENDENT PRODUCERS WHO VOTE IN THE REFERENDUM DO NOT
FAVOR THE PROPOSED PROGRAM OR AMENDMENT, THE COUNCIL SHALL NOT
HOLD ANOTHER REFERENDUM ON THE PROPOSED PROGRAM OR AMENDMENT
DURING THE TEN MONTHS FOLLOWING THE CLOSE OF THE REFERENDUM AT
WHICH THE INDEPENDENT PRODUCERS DID NOT FAVOR THE PROPOSED
PROGRAM OR AMENDMENT.
Sec. 1510.06. (A) WHEN THE INDEPENDENT PRODUCERS WHO VOTE IN A
REFERENDUM HELD UNDER SECTION 1510.05 of the Revised Code FAVOR A PROPOSED MARKETING PROGRAM,
THE TECHNICAL ADVISORY COUNCIL SHALL ORDER THE PROGRAM
ESTABLISHED.
THE COUNCIL SHALL APPOINT AN
OPERATING COMMITTEE CONSISTING OF
SEVEN MEMBERS. SIX OF THE MEMBERS SHALL BE INDEPENDENT PRODUCERS. THE
COUNCIL SHALL SELECT THOSE MEMBERS FROM LISTS OF NAMES SUBMITTED BY QUALIFIED
INDEPENDENT PRODUCER ASSOCIATIONS. EACH MEMBER WHO IS AN INDEPENDENT PRODUCER
SHALL BE AT LEAST TWENTY-FIVE YEARS OLD, BE A RESIDENT OF THIS STATE, AND HAVE
AT LEAST FIVE YEARS OF ACTIVE EXPERIENCE IN THE OIL AND NATURAL GAS INDUSTRY.
THE SEVENTH MEMBER SHALL BE A MEMBER OF AN ORGANIZATION THAT REPRESENTS
FARMERS. THE COUNCIL SHALL SELECT THAT MEMBER FROM A LIST SUBMITTED BY
SUCH AN ORGANIZATION.
OF THE INITIAL APPOINTMENTS, THE COUNCIL SHALL APPOINT TWO MEMBERS FOR
TERMS OF ONE YEAR, TWO MEMBERS FOR TERMS OF TWO YEARS, AND THREE MEMBERS FOR
TERMS OF THREE YEARS.
THEREAFTER, THE COUNCIL SHALL APPOINT
EACH MEMBER FOR A THREE-YEAR TERM UNLESS THE APPOINTEE IS TO FILL
A VACANCY, IN WHICH CASE THE APPOINTEE SHALL BE APPOINTED FOR THE UNEXPIRED
TERM. EACH SUCH SUBSEQUENT APPOINTMENT SHALL BE MADE PRIOR TO
THE EXPIRATION DATE OF THE PRECEDING OR VACANT TERM. THE COUNCIL SHALL NOT
APPOINT ANY MEMBER OF AN OPERATING COMMITTEE TO SERVE MORE THAN THREE
SUCCESSIVE FULL THREE-YEAR TERMS.
(B) EACH MEMBER OF AN OPERATING COMMITTEE
IS ENTITLED TO ACTUAL AND NECESSARY
TRAVEL AND INCIDENTAL EXPENSES WHILE ATTENDING MEETINGS OF THE
COMMITTEE OR WHILE ENGAGED IN THE PERFORMANCE OF OFFICIAL
RESPONSIBILITIES DELEGATED TO THE COMMITTEE.
(C) NO PERSON IS LIABLE IN A CIVIL ACTION FOR ANY ACTIONS TAKEN
IN GOOD FAITH AS A MEMBER OF AN OPERATING COMMITTEE.
Sec. 1510.07. THE TECHNICAL ADVISORY COUNCIL SHALL MONITOR THE ACTIONS
OF AN OPERATING COMMITTEE TO ENSURE ALL OF THE FOLLOWING:
(A) A MARKETING PROGRAM IS SELF-SUPPORTING;
(B) THE COMMITTEE KEEPS ALL RECORDS THAT ARE REQUIRED FOR
AGENCIES OF
THE STATE;
(C) ALL PROGRAM OPERATIONS ARE IN ACCORD WITH BOTH OF THE
FOLLOWING:
(1) THE PROVISIONS OF THE MARKETING PROGRAM;
(2) THIS CHAPTER AND PROCEDURES ESTABLISHED UNDER IT.
Sec. 1510.08. (A)(1) EXCEPT AS PROVIDED IN DIVISION
(A)(2) OF THIS SECTION, AN
OPERATING COMMITTEE MAY LEVY ASSESSMENTS ON THE PRODUCTION OF
OIL AND NATURAL GAS IN THIS STATE FOR THE PURPOSES OF A
MARKETING PROGRAM ESTABLISHED UNDER THIS CHAPTER.
(2) AN OPERATING COMMITTEE SHALL NOT LEVY AN ASSESSMENT
THAT WAS NOT APPROVED BY INDEPENDENT PRODUCERS OR THAT EXCEEDS
THE AMOUNT AUTHORIZED UNDER DIVISION
(B)(1) OF SECTION 1510.04 of the Revised Code. AN OPERATING COMMITTEE
SHALL NOT LEVY AN ASSESSMENT AGAINST AN INDEPENDENT PRODUCER WHO
IS NOT ELIGIBLE TO VOTE IN A REFERENDUM FOR THE MARKETING
PROGRAM THAT THE OPERATING COMMITTEE ADMINISTERS, AS DETERMINED
UNDER DIVISION (C) OF SECTION
1510.02 of the Revised Code.
(B) THE TECHNICAL ADVISORY COUNCIL
MAY REQUIRE A FIRST PURCHASER TO WITHHOLD
ASSESSMENTS FROM ANY AMOUNTS THAT THE FIRST PURCHASER OWES TO
INDEPENDENT PRODUCERS AND, NOTWITHSTANDING DIVISION
(A)(2) OF THIS SECTION, TO
REMIT THEM TO THE CHAIRPERSON OF THE COUNCIL AT THE OFFICE OF THE DIVISION OF
OIL AND GAS. A FIRST PURCHASER WHO PAYS AN
ASSESSMENT THAT IS LEVIED PURSUANT TO THIS SECTION FOR AN
INDEPENDENT PRODUCER MAY DEDUCT THE AMOUNT OF THE ASSESSMENT
FROM ANY MONEYS THAT THE FIRST PURCHASER OWES THE INDEPENDENT
PRODUCER.
(C) A MARKETING PROGRAM
SHALL REQUIRE A REFUND OF ASSESSMENTS COLLECTED UNDER THIS
SECTION AFTER RECEIVING AN
APPLICATION FOR A REFUND FROM AN INDEPENDENT PRODUCER. AN
APPLICATION FOR A REFUND SHALL BE MADE ON A FORM FURNISHED BY
THE COUNCIL. THE OPERATING COMMITTEE SHALL ENSURE THAT REFUND
FORMS ARE AVAILABLE WHERE ASSESSMENTS FOR ITS PROGRAM ARE
WITHHELD.
AN INDEPENDENT PRODUCER WHO DESIRES A REFUND SHALL SUBMIT A REQUEST FOR A
REFUND NOT LATER THAN THE THIRTY-FIRST DAY OF MARCH OF THE YEAR IN
WHICH THE REQUEST IS SUBMITTED. THE COUNCIL SHALL REFUND THE ASSESSMENT TO
THE INDEPENDENT PRODUCER NOT LATER THAN THE THIRTIETH DAY OF JUNE OF
THE YEAR IN WHICH THE REQUEST FOR THE REFUND IS SUBMITTED.
(D) AN OPERATING
COMMITTEE SHALL NOT USE MONEYS FROM ANY ASSESSMENTS THAT IT
LEVIES FOR ANY POLITICAL OR LEGISLATIVE PURPOSE OR FOR
PREFERENTIAL TREATMENT OF ONE PERSON TO THE DETRIMENT OF ANOTHER
PERSON WHO IS AFFECTED BY THE MARKETING PROGRAM THAT THE
OPERATING COMMITTEE ADMINISTERS.
Sec. 1510.09. (A) THERE IS HEREBY ESTABLISHED
A FUND FOR ANY MARKETING PROGRAM THAT IS ESTABLISHED
BY THE TECHNICAL ADVISORY COUNCIL UNDER THIS CHAPTER. THE FUND SHALL BE IN
THE CUSTODY OF THE TREASURER OF STATE, BUT SHALL NOT BE PART OF THE STATE
TREASURY. EXCEPT AS AUTHORIZED
IN DIVISION (B) OF THIS SECTION, ALL MONEYS COLLECTED
PURSUANT TO SECTION 1510.08 of the Revised Code FOR THE MARKETING PROGRAM SHALL BE PAID INTO
THE FUND FOR THE MARKETING PROGRAM AND SHALL BE DISBURSED ONLY
PURSUANT TO A VOUCHER SIGNED BY THE CHAIRPERSON OF THE COUNCIL FOR USE IN
DEFRAYING
THE COSTS OF ADMINISTRATION OF THE MARKETING PROGRAM AND FOR
CARRYING OUT SECTIONS 1510.02, 1510.03, AND 1510.11 of the Revised Code.
(B) IN LIEU OF DEPOSITS IN THE FUND ESTABLISHED UNDER DIVISION
(A) OF
THIS SECTION, THE OPERATING COMMITTEE OF A MARKETING PROGRAM ESTABLISHED
UNDER THIS CHAPTER MAY DEPOSIT ALL MONEYS COLLECTED PURSUANT TO SECTION
1510.08 of the Revised Code WITH A BANK OR A SAVINGS AND LOAN ASSOCIATION AS
DEFINED IN SECTIONS 1101.01 AND 1151.01 of the Revised Code. ALL MONEYS COLLECTED PURSUANT
TO SECTION 1510.08 of the Revised Code FOR THE MARKETING PROGRAM AND DEPOSITED PURSUANT TO
THIS DIVISION ALSO SHALL BE USED ONLY IN DEFRAYING THE COSTS OF
ADMINISTRATION OF THE MARKETING PROGRAM AND FOR CARRYING OUT SECTIONS 1510.02,
1510.03, AND 1510.11 of the Revised Code.
(C) AN OPERATING COMMITTEE SHALL
ESTABLISH A FISCAL YEAR FOR ITS MARKETING PROGRAM, SHALL PUBLISH AN ACTIVITY
AND FINANCIAL REPORT WITHIN SIXTY DAYS OF THE END OF EACH FISCAL YEAR, AND
SHALL MAKE THE REPORT AVAILABLE TO EACH INDEPENDENT PRODUCER WHO PAYS AN
ASSESSMENT OR OTHERWISE CONTRIBUTES TO THE MARKETING PROGRAM
THAT THE COMMITTEE ADMINISTERS AND TO OTHER INTERESTED PERSONS.
(D) IN ADDITION TO THE REPORT REQUIRED BY DIVISION (C)
OF THIS SECTION, AN OPERATING COMMITTEE THAT DEPOSITS MONEYS IN ACCORDANCE
WITH
DIVISION (B) OF THIS SECTION SHALL SUBMIT TO THE COUNCIL BOTH OF THE
FOLLOWING:
(1) ANNUALLY, A FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC
ACCOUNTANT HOLDING VALID CERTIFICATION FROM THE OHIO BOARD OF
ACCOUNTANCY ISSUED PURSUANT TO CHAPTER 4701. of the Revised Code. THE OPERATING
COMMITTEE SHALL FILE THE FINANCIAL STATEMENT WITH THE COUNCIL NOT MORE THAN
SIXTY DAYS AFTER
THE END OF EACH FISCAL YEAR.
(2) MONTHLY, AN UNAUDITED FINANCIAL STATEMENT.
Sec. 1510.10. (A) THE TECHNICAL ADVISORY COUNCIL TEMPORARILY
MAY SUSPEND THE OPERATION OF A MARKETING PROGRAM, OR ANY
PART OF A PROGRAM, FOR ANY REASON UPON RECOMMENDATION BY THE
OPERATING COMMITTEE OF THE PROGRAM FOR A PERIOD OF NOT MORE
THAN TWELVE CONSECUTIVE MONTHS.
(B) AT LEAST ONCE IN EACH FIVE YEARS OF OPERATION, OR AT
ANY TIME UPON WRITTEN PETITION BY THE LESSER OF ONE HUNDRED OR TEN PER
CENT OF THE INDEPENDENT PRODUCERS IN THIS STATE, THE COUNCIL SHALL HOLD A
HEARING AS PRESCRIBED IN CHAPTER 119. of the Revised Code TO CONSIDER THE
CONTINUATION OF THE PROGRAM.
(C) NOT LATER THAN THIRTY DAYS AFTER THE CLOSE OF ANY HEARING TO
CONSIDER THE CONTINUATION OF A MARKETING PROGRAM, THE COUNCIL
SHALL RECOMMEND CONTINUATION OR TERMINATION OF THE PROGRAM, SHALL GIVE PUBLIC
NOTICE, AND SHALL NOTIFY EACH INDEPENDENT PRODUCER OF RECORD, ALL PARTIES
APPEARING AT THE HEARING, AND OTHER INTERESTED PARTIES OF THE RECOMMENDATION.
(D) WHEN THE COUNCIL RECOMMENDS TERMINATION OF A
MARKETING PROGRAM, WITHIN FORTY-FIVE DAYS THE COUNCIL SHALL CONDUCT A
REFERENDUM TO DETERMINE WHETHER INDEPENDENT PRODUCERS FAVOR THE PROPOSED
TERMINATION. INDEPENDENT PRODUCERS FAVOR THE TERMINATION OF THE PROGRAM IF A
MAJORITY OF THE INDEPENDENT PRODUCERS WHO VOTE IN THE REFERENDUM VOTE IN FAVOR
OF TERMINATION OF THE PROGRAM.
Sec. 1510.11. WHEN INDEPENDENT PRODUCERS FAVOR
TERMINATION OF A MARKETING PROGRAM ESTABLISHED UNDER THIS
CHAPTER, THE OPERATING COMMITTEE OF THE PROGRAM AND THE
TECHNICAL ADVISORY COUNCIL SHALL TERMINATE ALL OPERATIONS OF THE
PROGRAM. UPON TERMINATION OF THE PROGRAM, THE
COUNCIL SHALL RETURN ANY REMAINING UNOBLIGATED MONEYS TO THE INDEPENDENT
PRODUCERS WHO PAID THE ASSESSMENTS LEVIED UNDER SECTION 1510.08 of the Revised Code DURING
THE
IMMEDIATELY PRECEDING TWELVE MONTHS AND SHALL PRORATE THE MONEYS ACCORDINGLY.
Sec. 1510.12. THE TECHNICAL ADVISORY COUNCIL MAY
INSTITUTE AN ACTION AT LAW OR IN EQUITY THAT APPEARS NECESSARY
TO ENFORCE COMPLIANCE WITH THIS CHAPTER, A PROCEDURE ESTABLISHED UNDER
IT, OR A MARKETING PROGRAM ESTABLISHED UNDER IT.
Sec. 1510.13. (A) NO PERSON SHALL KNOWINGLY FAIL OR REFUSE TO
WITHHOLD OR REMIT ANY ASSESSMENT LEVIED UNDER SECTION 1510.08 of the Revised Code.
(B) BEFORE CRIMINAL PROCEEDINGS ARE INSTITUTED PURSUANT TO THIS
SECTION, THE TECHNICAL ADVISORY COUNCIL SHALL GIVE THE ALLEGED VIOLATOR AN
OPPORTUNITY TO PRESENT THE ALLEGED VIOLATOR'S VIEWS CONCERNING WHY THE
PROCEEDINGS SHOULD NOT BE INSTITUTED.
Sec. 1510.99. WHOEVER VIOLATES SECTION 1510.13 of the Revised Code IS GUILTY OF A
MISDEMEANOR OF THE FOURTH DEGREE.
Sec. 3737.91. (A) There is hereby created the petroleum
underground storage tank financial assurance fund, which shall be
in the custody of the treasurer of state, but is not a part of
the state treasury. The fund shall consist of moneys from the
following sources:
(1) All fees collected under divisions (B) and (F) of this
section and all supplemental fees collected under division (C) of
this section;
(2) Interest earned on moneys in the fund;
(3) Appropriations to the fund from the general revenue
fund;
(4) The proceeds of revenue bonds issued under sections
3737.90 to 3737.948 of the Revised Code, provided that upon
resolution of the petroleum underground storage tank release
compensation board created in section 3737.90 of the Revised
Code, all or part of those proceeds may be deposited into a
separate account of the fund. Chapters 131. and 135. of the
Revised Code do not apply to the establishment, deposit,
investment, application, and safeguard of any such account and
moneys in any such account.
(B) For the purposes of paying the costs of implementing
and administering this section and sections 3737.90 and 3737.92
of the Revised Code and rules adopted under them; payment or
reimbursement of corrective action costs under section 3737.92 of
the Revised Code; compensating third parties for bodily injury or
property damage under that section; and payment of principal and
interest on revenue bonds issued under sections 3737.90 to
3737.948 of the Revised Code to raise capital for the fund, there
is hereby assessed an annual petroleum underground storage tank
financial assurance fee on each tank comprising an underground
storage tank or an underground storage tank system that contains
or has contained petroleum and for which a responsible person is
required to demonstrate financial responsibility by rules adopted
by the fire marshal under division (B) of section 3737.882 of the
Revised Code. The fee assessed by this division shall be paid to
the board by a responsible person for each tank that is subject
to the fee. The fee shall be paid not later than the first day
of July of each year, except that in 1989 the fee shall be paid
by either the first day of September or ninety days after July
11, 1989, whichever is later. The fee is in addition to any fee
established by the fire marshal under section 3737.88 of the
Revised Code.
The amount of the annual fee due in 1989 and 1990 is one
hundred fifty dollars per tank per year. In 1991 and subsequent
years the board shall establish the amount of the annual fee in
accordance with this division. Not later than the first day of
April of 1991 and each subsequent year, the board, in
consultation with the administrative agent of the fund with whom
the board has entered into a contract under division (B)(3) of
section 3737.90 of the Revised Code, if any, shall determine the
amount of the annual fee to be assessed in that year and shall
adopt rules in accordance with Chapter 119. of the Revised Code
to establish the fee at that amount. The fee shall be
established at an amount calculated to maintain the continued
financial soundness of the fund, provided that if the unobligated
balance of the fund exceeds forty-five million dollars on the
date that an annual determination is made, the board may assess a
fee in the year to which the determination applies only to the
extent required in or by, or necessary to comply with covenants
or other requirements in, revenue bonds issued under sections
3737.90 to 3737.948 of the Revised Code or in proceedings or
other covenants or agreements related to such bonds. Not later
than the first day of May of 1991 and each subsequent year, the
board shall notify each responsible person by certified mail of
the amount of the annual fee per tank due in that year. As used
in this paragraph, "proceedings" has the same meaning as in
section 133.01 of the Revised Code.
If a responsible person is both the owner and operator of a
tank, he THE RESPONSIBLE PERSON shall pay any annual fee
assessed under this division in
compliance with this division and the rules adopted thereunder.
If the owner of the tank and the operator of the tank are not the
same person, any annual fee assessed under this division in
compliance with this division and the rules adopted thereunder
shall be paid by one of the responsible persons; however, all
such responsible persons are liable for noncompliance with this
division.
(C) As necessary to maintain the financial soundness of
the fund, the board, by rules adopted in accordance with Chapter
119. of the Revised Code, may at any time assess a supplemental
petroleum underground storage tank financial assurance fee on
tanks subject to the fee assessed under division (B) or (F) of
this section in any fiscal year in which the board finds that the
unobligated balance in the fund is less than fifteen million
dollars. The board, in consultation with the fund's
administrative agent, if any, shall establish the amount of the
supplemental fee at an amount that will ensure an unobligated
balance in the fund of at least fifteen million dollars at the
end of the fiscal year in which the supplemental fee is assessed.
Not less than thirty days before the date on which payment of the
supplemental fee is due under the board's rules, the board shall
notify each responsible person by certified mail of the amount of
the supplemental fee and the date on which payment of the
supplemental fee to the board is due.
If a responsible person is both the owner and operator of a
tank, he THE RESPONSIBLE PERSON shall pay any supplemental fee
assessed under this
division in compliance with this division and the rules adopted
thereunder. If the owner of the tank and the operator of the
tank are not the same person, any supplemental fee assessed under
this division in compliance with this division and the rules
adopted thereunder shall be paid by one of the responsible
persons; however, all such responsible persons are liable for
noncompliance with this division.
(D)(1) The board shall issue a certificate of coverage to
any responsible person who has complied with both ALL of the
following:
(a) Paid the fee assessed under division (B) or (F) of
this section;
(b) Demonstrated to the board financial responsibility in
compliance with the rules adopted by the fire marshal under
division (B) of section 3737.882 of the Revised Code for the
deductible amount established under division (E) of this section
or, when appropriate, the reduced deductible amount established
under division (F) of this section. If the responsible person
utilizes self-insurance as a financial responsibility mechanism,
he THE RESPONSIBLE PERSON shall provide the board with an
affidavit in which the
responsible party certifies that all documentation submitted to
the board is true and accurate;
(c) CERTIFIED TO THE BOARD THAT FOR EACH PETROLEUM UNDERGROUND
STORAGE TANK SYSTEM FOR WHICH A CERTIFICATE OF COVERAGE IS SOUGHT, THE
RESPONSIBLE PERSON IS IN COMPLIANCE WITH APPLICABLE RULES FOR PETROLEUM
UNDERGROUND STORAGE TANK SYSTEMS THAT HAVE BEEN ADOPTED BY THE FIRE MARSHAL
UNDER SECTION 3737.88 of the Revised Code.
The certificate of coverage shall state the amount of
coverage to which the responsible party PERSON is entitled from
the fund
pursuant to division (D)(3) of this section and the time period
for which the certificate provides that coverage. An issued
certificate of coverage is subject to the condition that the
holder timely pay any supplemental fee assessed under division
(C) of this section during the time that the certificate is in
effect.
(2) The board shall not issue a certificate of coverage to
any responsible person who fails to comply with divisions
(D)(1)(a) and, (b), AND (c) of this
section.
(3) The maximum disbursement from the fund for any single
release of petroleum is the difference between the deductible
amount established under division (E) of this section or, when
appropriate, the reduced deductible amount established under
division (F) of this section and one million dollars. The
maximum disbursement from the fund during any fiscal year on
behalf of any responsible person shall not exceed in the
aggregate one million dollars less the deductible amount if the
responsible person owns or operates not more than one hundred
tanks comprising underground petroleum storage tanks or
underground petroleum storage tank systems, shall not exceed in
the aggregate two million dollars less the deductible amount if
the responsible person owns or operates not more than two hundred
such tanks, shall not exceed in the aggregate three million
dollars less the deductible amount if the responsible person owns
or operates not more than three hundred such tanks, and shall not
exceed in the aggregate four million dollars less the deductible
amount if the responsible person owns or operates more than three
hundred such tanks. The maximum disbursement from the fund for
any single release or for any fiscal year under this division
does not in any manner limit the liability of a responsible
person for a release of petroleum.
(E)(1) Except as otherwise provided in division (F) of
this section, no responsible person is eligible to receive moneys
from the fund under section 3737.92 of the Revised Code until he
THE RESPONSIBLE PERSON demonstrates to the board financial
responsibility for the first
fifty thousand dollars of the cost for corrective action for, and
compensating third parties for bodily injury and property damage
caused by, accidental releases of petroleum from an underground
storage tank owned or operated by the responsible party. The
fifty thousand dollar amount is the deductible amount for the
purposes of this section and section 3737.92 of the Revised Code.
(2) The board, in consultation with the fund's
administrative agent, if any, may, by rules adopted in accordance
with Chapter 119. of the Revised Code, establish for any fiscal
year a deductible amount that differs from fifty thousand
dollars. The deductible amount established by the board shall be
such an amount as to maintain the financial soundness of the
fund. Any action of the board to establish a differing
deductible amount or to alter a deductible amount previously
established by it shall be taken concurrently with the
establishment under division (B) of this section of the annual
fee due on the first day of the fiscal year in which the
deductible amount will apply. If the deductible amount
established under this division differs from that in effect at
the time of the board's action, the board shall notify each
responsible person of the change by certified mail not later than
the first day of May preceding the effective date of the change.
(F)(1) Any responsible person owning, or owning or
operating, a total of six or fewer petroleum underground storage
tanks may elect in calendar years 1989 and 1990 to pay twice the
amount of the per tank annual fee for each tank assessed under
division (B) of this section in order to reduce the amount of the
deductible established in division (E) of this section to the
total amount of ten thousand dollars. The election shall be
available only at the time of the payment of the annual fee and
any supplemental fee. The election shall not be retroactively
applied.
(2) Any responsible person owning, or owning or operating,
a total of six or fewer petroleum underground storage tanks may
elect in calendar year 1991 and in each subsequent year to pay an
additional fee at an amount established by the board in addition
to the per tank annual fee assessed under division (B) of this
section in order to reduce the deductible amount established
under division (E) of this section. In calendar year 1991 and in
each subsequent year, the board shall establish the amount of the
additional fee and the reduced deductible amount. In determining
the amount of the additional fee and the reduced deductible
amount, the board shall take into consideration the effect of the
additional claims paid under section 3737.92 of the Revised Code
to responsible persons making an election under division (F)(2)
of this section and balance that consideration with such factors
as the availability of liability insurance, the difficulty of
proving financial responsibility pursuant to the rules adopted by
the fire marshal under division (B) of section 3737.882 of the
Revised Code, and the hardship created on small owners and
operators of petroleum underground storage tanks by an increase
in either the additional fee or the reduced deductible amount.
(3) Any responsible person owning, or owning or operating,
a total of six or fewer petroleum underground storage tanks who
elects to pay the additional fee under divisions (F)(1) and (2)
of this section shall pay any per tank supplemental fee assessed
under division (C) of this section.
(G) If the director of the fund determines that a
responsible person has failed to comply with division (B), (C),
or (F) of this section, the director of the fund shall notify
each responsible person for the petroleum underground storage
tank of the noncompliance. If, within thirty days after the
notification, the responsible person fails to pay the applicable
fee or any fee previously assessed upon the responsible person
under this section, the director of the fund shall issue an order
requiring the responsible person to pay all of the fees he THE
RESPONSIBLE PERSON owes to the fund and an additional late payment fee in
the amount of
one thousand dollars to the fund.
If a responsible person fails to comply with any order of
the director of the fund within thirty days after the issuance of
the order, the director shall notify the fire marshal of that
noncompliance. Upon the request of the director of the fund, the
attorney general may bring a civil action for appropriate relief,
including a temporary restraining order or preliminary or
permanent injunction, in the court of common pleas of the county
in which the petroleum underground storage tank that is the
subject of the order is located. The court shall issue an
injunction upon a demonstration that a failure to comply with the
director's order has occurred or is occurring.
Any orders issued by the director of the fund under this
division may be appealed by the responsible person under division
(F) of section 3737.92 of the Revised Code. For the purpose of
an appeal of any order of the director of the fund,
"determination" as used in that division includes any order of
the director of the fund. The filing of a notice of appeal under
this division does not operate as a stay of any order of the
director of the fund.
Sec. 3737.92. (A) The petroleum underground storage tank
release compensation board created in section 3737.90 of the
Revised Code shall use moneys in the petroleum underground
storage tank financial assurance fund established in section
3737.91 of the Revised Code exclusively for the following
purposes:
(1) Payment of the expenses of administering the fund;
(2) Payment of the administrative expenses of the board;
(3) Payment to or reimbursement of responsible persons for
the necessary cost of corrective action for and compensating
third parties for bodily injury and property damage caused by
accidental releases of petroleum in accordance with this section,
provided that proceeds from the issuance of revenue bonds under
sections 3737.90 to 3737.948 of the Revised Code may only be used
for the payment to or reimbursement of responsible persons for
the necessary costs of corrective action for improving property
damaged by accidental releases of petroleum in accordance with
this section;
(4) Deposit into any funds provided for in a resolution or
resolutions of the board in connection with any revenue bonds
issued under sections 3737.90 to 3737.948 of the Revised Code;
(5) Placement of petroleum underground storage tank linked
deposits under sections 3737.95 to 3737.98 of the Revised Code.
(B) A responsible person seeking to obtain from the fund
payment of or reimbursement for corrective action costs for an
accidental release of petroleum shall submit a claim to the board
in accordance with and containing the information required by
rules adopted by the board in accordance with Chapter 119. of the
Revised Code. Before authorizing any disbursement from the fund
to pay all or any portion of a claim submitted under this
division, the director of the fund shall first determine that the
claim meets all of the following criteria:
(1) The responsible person is eligible under division (D)
of this section to receive payment of or reimbursement for the
corrective action costs from the fund;
(2) The corrective action performed or to be performed has
been authorized by the fire marshal under section 3737.882 of the
Revised Code and rules adopted under that section;
(3) The costs of performing the corrective action are
necessary to comply with the rules of the fire marshal adopted
under sections 3737.88 and 3737.882 of the Revised Code governing
corrective actions.
(C) A responsible person seeking to obtain from the fund
payment of or reimbursement for compensation paid or to be paid
to third parties for bodily injury or property damage caused by
an accidental release of petroleum shall submit a claim to the
board in accordance with and containing the information required
by rules adopted by the board in accordance with Chapter 119. of
the Revised Code. Before authorizing any disbursement from the
fund to pay all or any portion of a claim submitted under this
division, the director of the fund shall first determine that the
claim meets both of the following criteria:
(1) The responsible person who submitted the claim is
eligible under division (D) of this section to receive payment of
or reimbursement for the third-party compensation from the fund;
(2) There is a legally enforceable judgment against the
responsible person for bodily injury or property damage to one or
more third parties resulting from the release in the amount
stated in the claim, or, if there is a settlement with a third
party as a result of the release, the amount of the settlement
stated in the claim is reasonable.
(D) A responsible person is not eligible to receive
payment or reimbursement from the fund under division (B) or (C)
of this section unless all of the following conditions are met:
(1) At the time that the release was first suspected or
confirmed, a responsible person possessed a valid certificate of
coverage issued by the board under division (D) of section
3737.91 of the Revised Code for the petroleum underground storage
tank system from which the release occurred;
(2) One of the following applies:
(a) The petroleum underground storage tank system from
which the release occurred was registered in compliance with
rules adopted by the fire marshal under section 3737.88 of the
Revised Code when the occurrence of the release was first
suspected or confirmed;
(b) The fire marshal has recommended that payment or
reimbursement be made because good cause existed for the
responsible person's failure to have so registered the petroleum
underground storage tank system, and the responsible person has
registered the petroleum underground storage tank system with the
fire marshal and paid all back registration fees payable under
those rules for registration of the system from the time the
responsible person should have, but failed to register the
system.
(3) The fire marshal has determined that, when the claim
was filed, a responsible person was in compliance with all orders
issued under sections 3737.88 and 3737.882 of the Revised Code
regarding the petroleum underground storage tank system from
which the release occurred;
(4) A responsible person demonstrates financial
responsibility for the deductible amount applicable under section
3737.91 of the Revised Code for the petroleum underground storage
tank system from which the release has occurred;
(5) The responsible person has not falsified any
attestation contained on a registration application required by
rules adopted under section 3737.88 of the Revised Code;
(6) THE PETROLEUM UNDERGROUND STORAGE TANK SYSTEM FROM WHICH THE RELEASE
OCCURRED WAS IN COMPLIANCE WITH RULES, OTHER THAN RULES REGARDING
REGISTRATION, ADOPTED BY THE FIRE MARSHAL UNDER SECTION 3737.88 of the Revised Code WHEN THE
OCCURRENCE OF THE RELEASE WAS FIRST SUSPECTED OR CONFIRMED.
(E) The director of the fund may make a determination to
approve or disapprove a claim and to authorize a disbursement
from the fund for payment of an approved claim administratively
without a hearing. If the director of the fund makes a
determination regarding a claim that is inconsistent with a
recommendation or determination of the fire marshal for purposes
of division (B)(2) or (3) or (D)(2), (3), or (5) of this section,
the director shall detail those inconsistencies in a written
finding of fact before authorizing any disbursement from the fund
for payment of the claim. Upon making a determination of a claim
under this section, the director of the fund shall provide
written notice of the determination and a copy of any written
finding of fact accompanying the determination to the responsible
person who submitted the claim and to the fire marshal.
(F) If the responsible person who submitted a claim under
this section or the fire marshal objects to the determination of
the claim made by the director of the fund and files an objection
to the determination with the board within thirty days after the
mailing of the notification of the determination and finding of
fact, if any, the board shall appoint a referee to conduct an
adjudication hearing on the determination. The adjudication
hearing shall be conducted in accordance with section 119.09 of
the Revised Code. For the purposes of adjudication hearings on
determinations of the director of the fund, the term "agency" as
used in that section includes the board.
If any party is aggrieved by an order of the board made
after the adjudication hearing on the determination, the party
may appeal the order in accordance with section 119.12 of the
Revised Code. For the purposes of appeals of any such orders,
the terms "fire marshal" and "building" as used in that section
include the board and petroleum underground storage tank,
respectively.
(G) Neither the state, the board, nor the director of the
fund is liable to any responsible person to pay the cost of any
corrective action or of third party compensation for a release of
petroleum when the fund is depeleted of moneys because the amount
of the claims made on the fund exceeds the unobligated balance in
the fund. However, upon assessing and collecting a supplemental
fee under division (C) of section 3737.91 of the Revised Code,
the board shall again consider the claim of a responsible person
whose claim was not initially honored because of the
insufficiency of unobligated balances in the fund to pay that
person's claim.
The inability of a responsible person to obtain money from
the fund does not in any manner limit the liability of a
responsible person for a release of petroleum.
(H) Neither the right to apply for payment or
reimbursement nor the receipt of payment or reimbursement under
this section limits the liability of any responsible person to
the state for the payment of any corrective action or enforcement
costs under sections 3737.882 and 3737.89 of the Revised Code, or
to any third party for bodily injury or property damage,
resulting from a release of petroleum from an underground storage
tank system owned or operated by the responsible person. Neither
the right to apply for payment or reimbursement under this
section nor any delay by the board or director of the fund in
acting upon any claim for any such payment or reimbursement
limits or postpones the duty of any responsible person to comply
with any order of the fire marshal issued under section 3737.88
or 3737.882 of the Revised Code.
(I) The board, upon payment to or reimbursement of a
responsible person from the fund for corrective action costs or
the cost of compensation to third parties for bodily injury or
property damage, is entitled by subrogation to all rights of the
responsible person to recover those costs from any other person.
The attorney general, upon the request of the board, may bring a
civil action to recover those costs in the court of common pleas
of the county in which the release of petroleum occurred.
(J) Nothing in this section limits the right of the
federal government to recover from the responsible person any
federal money expended for any corrective or enforcement action
as a result of a release of petroleum.
(K) If the responsible person described in division (D)
of this section is a state agency, any payments or reimbursements received by
the state agency under this section shall be deposited into the fund from
which the expenditures for the corrective action or third party compensation
originally were made.
Section 2. That existing sections 1509.38, 3737.91, and 3737.92 of the Revised
Code are hereby
repealed.
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