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Sub. H. B. No. 425As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Reinhard, Faber, Grendell, Manning, Husted, Gilb, Core, Hagan, Womer Benjamin, Young, Webster, Cates, Fessler, Trakas, Carmichael, Buehrer, Clancy, Flowers, Perry, Damschroder, Lendrum, Seitz, Carey, Peterson, Seaver, Patton, Redfern, Allen, Ogg, D. Miller, Wilson, Cirelli, Coates, Roman, Barrett, Carano, Latell, Britton, McGregor, Aslanides, Hartnett, Collier, Boccieri, Otterman, Hoops, Hughes, Reidelbach, G. Smith, Widowfield, Salerno, Sulzer
SENATORS Mumper, Robert Gardner
A BILL
To amend sections 1509.23 and 1509.39 and to enact
section 3704.12 of the Revised Code to
generally
prohibit the sale of motor vehicle fuel
containing
methyl
tertiary butyl ether (MTBE) in
certain
quantities and to
authorize the Department of
Natural Resources to specify minimum
distances for
the location of oil and gas well facilities from
bodies of water.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1509.23 and 1509.39 be amended and
section 3704.12 of the Revised Code be
enacted to read as follows:
Sec. 1509.23.
(A) Rules of the chief of the division of
mineral resources management may specify
practices to be followed
in the drilling of wells and production of oil and
gas for
protection of public health or safety or to prevent damage to
natural
resources, including specification of
the following: (1) Appropriate devices, minimum; (2) 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, and buildings, other; (3) Other
methods of
operation, and procedures; (4) Procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of
oil 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.
(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. 1509.39. This chapter or rules
adopted under it shall
not be construed to prevent any
municipal corporation, county, or
township from enacting and
enforcing health and safety standards
for the drilling and
exploration for oil and gas, provided that
such
those standards are not
less restrictive than this chapter or
the
rules
adopted
thereunder
under it by the division of mineral
resources
management. No county or township shall adopt or
enforce any
ordinances, resolutions, rules, or requirements
relative to the
minimum acreage requirements for drilling units;
minimum
distances
from which a new well or related production
facilities may be
drilled or an existing
well deepened, plugged
back, or reopened to
a source of supply
different from the
existing pool from
boundaries of tracts,
drilling units, other
wells, streets, roads,
highways,
railroad tracks, and any other
structures
or, facilities, or features
included in section
1509.23
of the Revised Code; or the
restoration or plugging of an oil and
gas
well. No county or
township shall require any permit or
license
for the drilling,
operation, production, plugging, or
abandonment
of any oil or gas
well, nor any fee, bond, or other
security, or
insurance for any
activity associated with the
drilling,
operation, production,
plugging, or abandonment of a
well, except
for the permit provided
for in section 4513.34 of the
Revised
Code and any bond or other
security associated
therewith
with that permit.
Sec. 3704.12. (A) Subject to division (C) of this section, on
or after July 1, 2005, no person shall sell or deliver to any
distributor within this state, or import into this state for sale
in this state, any motor vehicle fuel containing methyl tertiary
butyl ether (MTBE) in quantities greater than one-half of one per
cent by volume.
(B) The attorney general, upon the request of the
director of environmental protection, shall commence an action for
injunctive relief in any court of competent jurisdiction against
any
person violating or threatening to violate division (A) of
this
section. The court may grant temporary as well as permanent
injunctive relief. (C) The prohibitions of this section shall not operate unless
the United States environmental protection agency grants a waiver
allowing this state to control or prohibit the use of MTBE in
motor vehicle fuels. The director of environmental protection
shall apply for this waiver in a timely manner in order to obtain
it before July 1, 2005.
Section 2. That existing sections 1509.23 and 1509.39 of the
Revised Code are hereby repealed.
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