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(125th General Assembly)
(Substitute House Bill Number 278)
AN ACT
To amend sections 303.211, 519.211, 1509.02, 1509.03, 1509.06, 1509.23, 1509.31, and 1510.11 and to repeal section 1509.39 of the Revised Code to declare that the Division of Mineral Resources Management in the Department of Natural Resources has exclusive authority to regulate the permitting, location, and spacing of oil and gas wells in the state, and to revise the laws governing the drilling of oil and gas and the oil and natural gas marketing program.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 303.211, 519.211, 1509.02, 1509.03, 1509.06, 1509.23, 1509.31, and 1510.11 of the Revised Code be amended to read as follows:
Sec. 303.211. (A) Except as otherwise provided
in division (B) or (C) of this section, sections 303.01 to
303.25 of the
Revised
Code do not confer any power on any board of county commissioners
or board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad for
the operation of its business. (B)(1) As used in this division, "telecommunications tower" means
any free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria: (a) The free-standing or attached structure is proposed to be
constructed on or after
October 31, 1996. (b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services. (c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use. (d)(i) The free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential
structures within the zoned area as set forth in the applicable zoning
regulations, or the maximum allowable height of such a free-standing structure
as set forth in any applicable zoning regulations in effect immediately prior
to October 31,
1996, or as those regulations subsequently are
amended. (ii) The attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to
October 31, 1996, or as those regulations
subsequently are amended. (e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment. (2) Sections 303.01 to 303.25 of the Revised Code confer power on a board of
county commissioners or board of zoning appeals with respect to the location,
erection, construction, reconstruction, change, alteration, removal, or
enlargement of a telecommunications
tower, but not with respect to the maintenance or use of such a tower or any
change or alteration that would not substantially increase the tower's
height. However, the power so conferred shall apply to a particular
telecommunications tower only upon the provision of a notice, in accordance
with division (B)(4)(a) of this
section, to the person proposing to construct the tower. (3) Any person who plans to construct a telecommunications tower
in an area subject to county zoning regulations shall provide both
of the following by certified mail: (a) Written notice to the board of township trustees of the
township in which the tower is proposed to be constructed and to each owner of
property, as shown on the county auditor's current tax list, whose land is
contiguous to or directly across a street or roadway from the property on
which the tower is proposed to be constructed, stating all of the following in
clear and concise language: (i) The person's intent to construct the tower; (ii) A description of the property sufficient to identify the
proposed location; (iii) That, no later than fifteen days after the date of mailing
of the notice, such board of township trustees or any such property owner may
give written notice to the board of county commissioners requesting that
sections 303.01 to 303.25 of the Revised Code apply to the proposed location
of the tower as
provided under division (B)(4)(a) of this section. If the notice to the board of township trustees or to a property owner is
returned unclaimed or refused, the person shall mail the notice by regular
mail. The failure of delivery of the notice does not invalidate the notice. (b) Written notice to the board of county commissioners of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section. (4)(a) If the board of county commissioners receives notice from
the board of township trustees or a property owner under division
(B)(3)(a)(iii) of this section within the time
specified in that division or if a member of the board of county commissioners
makes an objection to the proposed location of the telecommunications tower
within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board of
county commissioners shall send the person proposing to construct the tower
written notice that the tower is subject to the power conferred by and in
accordance with division (B)(2) of this section. The notice shall be
sent no later than five
days after the earlier of the date the board first receives such a notice from
the board of township trustees or a property owner or the date upon which a
member of the board of county commissioners makes an objection. Upon the date
of mailing of the notice to the person, sections 303.01 to 303.25 of the Revised Code shall
apply to the tower. (b) If the board of county commissioners receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception. (C) Sections 303.01 to 303.25 of the
Revised Code confer power on a board of
county commissioners or board of zoning appeals with respect to
the location, erection, construction, reconstruction, change,
alteration, maintenance, removal, use, or enlargement of any
buildings or structures of a public utility engaged in the
business of transporting persons or property, or both, or
providing or furnishing such transportation service, over any
public street, road, or highway in this state, and with respect
to the use of land by any such public utility for the operation
of its business, to the extent that any exercise of such power
is reasonable and not inconsistent with Chapters 4901., 4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. However, this division
confers no power on a board of county commissioners or board of
zoning appeals with respect to a building or structure of, or
the use of land by, a person engaged in the transportation of
farm supplies to the farm or farm products from farm to market
or to food fabricating plants. (D) Sections 303.01 to 303.25 of the Revised Code
confer no power on any county rural zoning
commission, board of county commissioners, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted. (E) Sections 303.01 to 303.25 of the Revised Code do
not confer any power on any county rural
zoning commission, board of county commissioners, or board of
zoning appeals to prohibit the use of any land owned or leased by
an industrial firm for the conduct of oil or natural gas well
drilling or production activities or the location of associated
facilities or equipment when such oil or natural gas obtained by
the industrial firm is used for the operation of its own plants. (F)(1) Any person who plans to construct a
telecommunications tower within one hundred feet of a residential dwelling
shall provide a written notice to the owner of the residential dwelling and to
the person occupying the residence, if that person is not the owner of the
residence, stating in clear and concise language the person's intent to
construct the tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified mail. If the
notice is returned unclaimed or refused, the person shall mail the notice by
regular mail. The failure of delivery does not invalidate the notice.
(2) As used in division (F)(E) of this
section: (a) "Residential dwelling" means a building used or intended to
be used as a personal residence by the owner, part-time owner, or lessee of
the
building, or any person authorized by such a person to use the building as a
personal residence;. (b) "Telecommunications tower" has the same meaning as in
division (B)(1) of this section, except that
the proposed location of the free-standing or attached structure may be an
area
other than an unincorporated area of a township, in an area zoned for
residential use.
Sec. 519.211. (A) Except as otherwise provided in
division (B) or (C) of this section, sections 519.02 to 519.25
of the
Revised Code confer no power on any board of township trustees or
board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad, for
the operation of its business. (B)(1) As used in this division, "telecommunications tower" means
any
free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria: (a) The free-standing or attached structure is proposed to be
constructed on or after
October 31, 1996. (b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services. (c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use. (d)(i) The free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential
structures within the zoned area as
set forth in the applicable zoning regulations, or the maximum allowable
height of such a free-standing structure as set
forth in any applicable zoning regulations in effect immediately prior to
October 31,
1996, or as those regulations subsequently are amended. (ii) The attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to
October 31, 1996, or as those regulations
subsequently are amended. (e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment. (2) Sections 519.02 to 519.25 of the Revised Code confer power on a board of
township
trustees
or board of zoning appeals with respect to the location, erection,
construction, reconstruction, change, alteration, removal, or enlargement of a
telecommunications tower, but not with respect to the maintenance or use of
such a tower or any change or alteration that would not substantially increase
the tower's height. However, the power so conferred shall apply to a
particular telecommunications tower only upon the provision of a notice, in
accordance with division (B)(4)(a) of this section,
to the person proposing to construct the tower. (3) Any person who plans to construct a telecommunications tower
in an area subject to township zoning regulations shall provide both
of the following by certified mail: (a) Written notice to each owner of property, as shown on the
county auditor's current tax list, whose land is contiguous to or directly
across a street or roadway from the property on which the tower is proposed to
be constructed, stating all of the following in clear and concise language: (i) The person's intent to construct the tower; (ii) A description of the property sufficient to identify the
proposed location; (iii) That, no later than fifteen days after the date of mailing
of the notice, any such property owner may give written notice to the board of
township trustees requesting that sections 519.02 to 519.25 of the Revised Code apply to the
proposed location of the tower as provided under division
(B)(4)(a) of this section. If the notice to a property owner is returned unclaimed or refused, the
person shall mail the notice by regular mail. The failure of delivery of the
notice does not invalidate the notice. (b) Written notice to the board of township trustees of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section. (4)(a) If the board of township trustees receives notice from a
property owner under division (B)(3)(a)(iii)
of this section within the time specified in that division or if a board
member makes an objection to the proposed location of the telecommunications
tower within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board shall
request that the clerk of the township send the person proposing to construct
the tower written notice that the tower is subject to the power conferred by
and in accordance with division (B)(2) of this section. The notice
shall be sent no later
than five days after the earlier of the date the board first receives such a
notice from a property owner or the date upon which a board member makes an
objection. Upon the date of mailing of the notice to the person, sections
519.02 to 519.25 of the Revised Code shall apply to the tower. (b) If the board of township trustees receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception. (C) Sections 519.02 to 519.25 of the
Revised Code confer power on a board of
township trustees or board of zoning appeals with respect to the
location, erection, construction, reconstruction, change,
alteration, maintenance, removal, use, or enlargement of any
buildings or structures of a public utility engaged in the
business of transporting persons or property, or both, or
providing or furnishing such transportation service, over any
public street, road, or highway in this state, and with respect
to the use of land by any such public utility for the operation
of its business, to the extent that any exercise of such power
is reasonable and not inconsistent with Chapters 4901., 4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. However, this division
confers no power on a board of township trustees or board of
zoning appeals with respect to a building or structure of, or
the use of land by, a person engaged in the transportation of
farm supplies to the farm or farm products from farm to market
or to food fabricating plants. (D) Sections 519.02 to 519.25 of the Revised Code confer no
power on any
township zoning
commission, board of township trustees, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted. (E) Sections 519.02 to 519.25 of the Revised Code do not
confer
any power on any township
zoning commission, board of township trustees, or board of zoning
appeals to prohibit the use of any land owned or leased by an
industrial firm for the conduct of oil or natural gas well
drilling or production activities or the location of associated
facilities or equipment when such oil or natural gas obtained by
the industrial firm is used for the operation of its own plants. (F)(1) Any person who plans to construct a
telecommunications tower within one hundred feet of a residential dwelling
shall provide a written notice to the owner of the residential dwelling and to
the person occupying the residence, if that person is not the owner of the
residence stating in clear and concise language the person's intent to
construct the tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified mail. If the
notice is returned unclaimed or refused, the person shall mail the notice by
regular mail. The failure of delivery does not invalidate the notice.
(2) As used in division (F)(E) of this
section: (a) "Residential dwelling" means a building used or intended to
be used as a personal residence by the owner, part-time owner, or lessee of
the
building, or any person authorized by such a person to use the building as a
personal residence;. (b) "Telecommunications tower" has the same meaning as in
division (B)(1) of this section, except that
the proposed location of the free-standing or attached structure may be an
area
other than an unincorporated area of a township, in an area zoned for
residential use.
Sec. 1509.02. There is hereby created in the department of
natural resources the division of mineral resources
management, which shall be
administered by the chief of the division of mineral
resources management. The division has sole and exclusive authority to regulate the permitting, location, and spacing of oil and gas wells within the state. The regulation of oil and gas activities is a matter of general statewide interest that requires uniform statewide regulation, and this chapter and rules adopted under it constitute a comprehensive plan with respect to all aspects of the locating, drilling, and operating of oil and gas wells within this state, including site restoration and disposal of wastes from those wells. Nothing in this section affects the authority granted to the director of transportation and local authorities in section 4513.34 of the Revised Code. The chief shall not hold any other public office, nor shall
the chief be engaged in any occupation or business that might
interfere with or be inconsistent with the duties as chief. All moneys collected by the chief pursuant to sections
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222,
ninety per cent of moneys received by the treasurer of state from the tax
levied in divisions (A)(5) and (6) of section 5749.02,
all civil penalties paid
under section 1509.33, and, 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 divisions
(A) and (B) of section 1509.99 of the Revised Code and fines
imposed under divisions (C) and (D) of section 1509.99 of the
Revised Code for all violations prosecuted by the attorney
general and for violations prosecuted by prosecuting attorneys
that do not involve the transportation of brine by vehicle shall
be deposited into the state treasury to the credit of the oil and
gas well fund, which is hereby created. Fines imposed
under divisions (C) and (D) of section 1509.99 of the Revised Code for
violations prosecuted by prosecuting attorneys that involve the
transportation of brine by vehicle shall be paid to the county
treasury of the county where the violation occurred. The fund shall be used for the purposes enumerated in division
(B) of section 1509.071 of the Revised Code, for the expenses of the
division associated with the administration of the "Natural Gas
Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 3301, and for the
division's other functions. The expenses of the division in
excess of the moneys available in the fund shall be paid from
general revenue fund appropriations to the department.
Sec. 1509.03. The chief of the division of mineral
resources management
shall adopt, rescind, and amend, in accordance
with
Chapter 119. of the
Revised Code, rules for the
administration, implementation, and enforcement of this chapter. No The rules shall include an identification of the subjects that the chief shall address when attaching terms and conditions to a permit with respect to a well and production facilities of a well that are located within a municipal corporation or within a township that has a population of more than fifteen thousand in the most recent federal decennial census prior to the issuance of the permit. The subjects shall include all of the following:
(A) Safety concerning the drilling or operation of a well;
(B) Protection of the public and private water supply; (C) Location of surface facilities of a well;
(D) Fencing and screening of surface facilities of a well;
(E) Containment and disposal of drilling and production wastes;
(F) Construction of access roads for purposes of the drilling and operation of a well. No
person shall violate any rule
of the
chief adopted under this chapter. Any order issuing, denying, or modifying a permit or
notices required to be made by the chief pursuant to this chapter shall
be made in compliance
with Chapter
119. of the Revised Code,
except that personal service may be used in lieu of service by
mail. Every order issuing, denying, or modifying a permit under
this chapter and described as
such shall be
considered an adjudication order for purposes of Chapter
119. of the Revised Code. Where notice to the owners is required by this chapter, the notice shall
be given as
prescribed by a
rule adopted by the chief to govern the giving of notices. Such
rule shall provide for notice by publication except in those
cases where other types of notice are necessary in order to meet
the requirements of the law. The chief or the chief's authorized representative may at
any time enter upon lands, public or private, for the purpose of
administration or enforcement of this chapter, the rules adopted
or orders made
thereunder, or terms or conditions
of permits or registration certificates issued thereunder and may
examine and copy records pertaining to the drilling, conversion,
or operation of a well for injection of fluids and logs required
by division (C) of section 1509.223 of the Revised Code. No
person shall prevent or hinder the chief or the chief's
authorized representative in the performance of official
duties. If entry is prevented or hindered, the chief or
the
chief's authorized representative
may apply for, and the court of common pleas may issue, an
appropriate inspection warrant necessary to achieve the purposes
of this chapter within the court's territorial jurisdiction. The chief may issue orders to enforce this chapter, rules
adopted thereunder, and terms or conditions of permits issued
thereunder. Any such order shall be considered an adjudication
order for the purposes of Chapter 119. of the Revised Code. No
person shall violate any order of the chief issued under this
chapter. No person shall violate a term or condition of a permit
or registration certificate issued under this chapter. Orders of the chief denying, suspending, or revoking a
registration certificate; approving or denying approval of an
application for revision of a registered transporter's plan for
disposal; or to implement, administer, or enforce division (A) of
section 1509.224 and sections 1509.22, 1509.222, 1509.223,
1509.225, and 1509.226 of the Revised Code pertaining to the
transportation of brine by vehicle and the disposal of brine so
transported are not adjudication orders for purposes of Chapter
119. of the Revised Code. The chief shall issue such orders
under division (A) or (B) of section 1509.224 of the Revised
Code, as appropriate.
Sec. 1509.06. 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 shall be filed with the
chief of the
division of mineral resources
management upon such form as the
chief
prescribes and shall contain each of the following that is
applicable: (A) The name and address of the owner and, if a
corporation,
the name and address of the statutory agent; (B) 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. (C) 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; (D) 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; (E) Designation of the well by name and number; (F) The geological formation to be tested or used and the
proposed total depth of the well; (G) The type of drilling equipment to be used; (H) 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; (I) A sworn statement that all requirements of any
municipal
corporation, county, or township having jurisdiction
over any
activity related to the drilling or operation of an oil
or gas
well that have been filed with the division of
mineral resources
management and are in effect at the time the
application is filed,
including, but not limited to, zoning ordinances and resolutions
and the requirements of section 4513.34 of the Revised Code, will
be complied with until abandonment of the well; For an application for a permit to drill a new well, a sworn statement that the applicant has provided notice of the application to the owner of each occupied dwelling unit that is located within five hundred feet of the surface location of the well if the surface location will be less than five hundred feet from the boundary of the drilling unit and more than fifteen occupied dwelling units are located less than five hundred feet from the surface location of the well, excluding any dwelling that is located on real property all or any portion of which is included in the drilling unit. The notice shall contain a statement that an application has been filed with the division of mineral 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 occupied dwelling units shall be determined using the tax records of the municipal corporation or county in which the dwelling unit is located as of the date of the notice. (J) 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. (K) 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; (L) 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. 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
(K) 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 municipal corporation or township has a population of more than fifteen thousand in the most recent federal decennial census prior to the submission of the application, 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. 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. 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 five hundred 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. A well shall be drilled and operated in accordance with the
plans, sworn statements, and other information submitted in the
approved application. 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. Each application for a permit required by section 1509.05
of
the Revised Code, except 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 of two hundred
fifty
dollars. The chief may order the immediate suspension of drilling,
operating, or plugging activities after finding that
any person is
causing, engaging in, or maintaining a condition or activity
that
in the chief's judgment presents an
imminent danger to
public
health or safety or results in or is likely to result in
immediate
substantial damage to natural resources or for
nonpayment of the
fee required by this section. The chief may
order the immediate
suspension of the drilling or reopening of a
well in a coal
bearing
township after determining that the drilling or reopening
activities present
an imminent and substantial threat to public
health or safety or to miners'
health or safety. Before issuing
any
such order, the chief shall notify the owner in such manner as
in
the chief's judgment would provide reasonable notification that
the chief intends to issue a suspension order. The chief may
issue such
an order without prior notification if reasonable
attempts to
notify the owner have failed, but in such an event
notification
shall be given as soon thereafter as practical.
Within five
calendar days after the issuance of the order, the
chief shall
provide the owner an opportunity to be heard and to
present
evidence that the condition or activity is not likely to
result
in immediate substantial damage to natural resources or
does not
present an imminent danger to public health or safety or
to miners' health
or safety, if applicable.
In the case of
activities in a coal bearing township, if the chief, after
considering evidence presented by the owner, determines that the
activities do
not present such a threat, the chief shall revoke
the suspension
order. Notwithstanding any provision of this
chapter, the owner
may
appeal a suspension order directly to the
court of common
pleas of the
county in which the activity is
located or, if in a coal bearing township,
to the
reclamation
commission under section 1513.13 of the Revised
Code.
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; (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, public or private recreational areas, zoning districts, and buildings or other structures; (3) Other
methods of
operation; (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. 1509.31. Whenever the entire interest of an oil and
gas lease is assigned or otherwise transferred, the assignor or
transferor shall notify the holders of the royalty interests,
and, if a well or wells exist on the lease, the division of mineral resources
management, of the name and address of
the assignee or transferee by
certified mail, return receipt requested, not later than thirty
days after the date of the assignment or transfer. When notice
of any such assignment or transfer is required to be provided to
the division, it shall be provided on a form prescribed and
provided by the division and verified by both the assignor or
transferor and by the assignee or transferee. The notice form
applicable to assignments or transfers of a well to the owner of
the surface estate of the tract on which the well is located
shall contain a statement informing the landowner that the well
may require periodic servicing to maintain its productivity;
that, upon assignment or transfer of the well to the
landowner, the landowner becomes responsible for compliance with the
requirements of this chapter and rules adopted under it,
including, without limitation, the proper disposal of brine
obtained from the well, the plugging of the well when it becomes
incapable of producing oil or gas, and the restoration of the
well site; and that, upon assignment or transfer of the well to
the landowner, the landowner becomes responsible for the
costs of compliance with the requirements of this chapter and rules
adopted under it and the costs for operating and servicing the
well. The owner holding a permit under section 1509.05 of the
Revised Code is responsible for all obligations and liabilities
imposed by this chapter and any rules, orders, and terms and
conditions of a permit adopted or issued under
it, and no assignment or
transfer by the owner relieves the owner of the obligations and
liabilities until and unless the assignee or transferee files
with the division the information described in
divisions (A), (B), (C), (D), (E), (I), (J), (K),
and (L) of section 1509.06 of the Revised Code;
obtains liability insurance coverage required
by section 1509.07 of the
Revised Code, except when none is required by that section; and
executes and files a surety bond, negotiable certificates of
deposit or irrevocable letters of credit, or cash, as described in
that section. Instead of a bond,
but only upon acceptance by the chief of the division of mineral resources
management,
the assignee or transferee may file proof of financial
responsibility, described in section 1509.07 of the Revised Code.
Section 1509.071 of the Revised Code applies to the surety bond,
cash, and negotiable certificates of deposit and irrevocable letters of
credit described in this
section. Unless the chief approves a modification, each assignee
or transferee shall operate in accordance with the plans and
information filed by the permit holder pursuant to section
1509.06 of the Revised Code.
Sec. 1510.11. (A) 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 (B)(1) Except as provided in division (B)(2) of this section, upon termination of the a 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. (2) If a program is operated by a nonprofit corporation that is organized under Chapter 1702. of the Revised Code for the purpose of carrying out the purposes identified in division (A) of section 1510.02 of the Revised Code, and if the nonprofit corporation is exempt from federal income taxation pursuant to section 501(a) of the Internal Revenue Code and is described in section 501(c)(3) of the Internal Revenue Code, upon termination of the program, the nonprofit corporation shall distribute any remaining unobligated money to be used for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code or to the federal, a state, or a local government to be used for a public purpose. If there remains any unobligated money after the distribution by the nonprofit corporation, the court of common pleas of the county in which the principal office of the nonprofit corporation is located shall distribute the remaining unobligated money to be used for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, to the federal, a state, or a local government to be used for a public purpose, or to one or more organizations that are organized and operated exclusively for one or more of the purposes that are within the meaning of section 501(c)(3) of the Internal Revenue Code, as the court determines is best to accomplish the exempt purposes of the nonprofit corporation.
SECTION 2. That existing sections 303.211, 519.211, 1509.02, 1509.03, 1509.06, 1509.23, 1509.31, and 1510.11 and section Sec. 1509.39. of the Revised Code are hereby repealed.
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