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Sub. H. B. No. 299As Passed by the Senate
As Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Gibbs, Calvert, Seitz, Gilb, Raussen, Fessler, D. Evans, Faber, Collier, Kearns, Schmidt, Hartnett, Barrett, Wolpert, Wagner, Daniels, McGregor, Domenick, C. Evans, Price, Sferra, Martin, Aslanides, Book, Carano, Carmichael, Cates, Chandler, Clancy, DeBose, Distel, Flowers, Grendell, Hagan, Hollister, Hughes, Niehaus, T. Patton, Peterson, Reinhard, Schneider, Setzer, J. Stewart, Taylor, Walcher, Webster, Willamowski
SENATORS Zurz, Roberts, Schuler, Goodman, Hottinger, Amstutz, Randy Gardner, Robert Gardner, Harris
A BILLTo amend sections 309.09, 5543.01, 5553.04, 5553.042, 5553.043, 5555.02, 5571.02, 5571.08, and 5571.12, to contingently amend sections 1509.03 and 1509.06, and to enact sections 5541.05, 5553.045, and 5571.20 of the Revised Code to authorize a township to vacate upon petition certain township roads that are not used by and maintained for the public, to permit a board of county commissioners and a board of township trustees to place a graveled or unimproved county or township road on nonmaintained status, to preserve certain utility rights of way in vacated roads, to revise the notification requirements governing the drilling of oil and gas wells, to create the Oil and Gas Advisory Council to advise the Chief of the Division of Mineral Resources Management in the Department of Natural Resources regarding the adoption of certain rules governing oil and gas wells, to permit the prosecuting attorney to be the legal adviser to a joint fire district, and to declare an emergency. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 309.09, 5543.01, 5553.04, 5553.042, 5553.043, 5555.02, 5571.02, 5571.08, and 5571.12 be amended and sections 5541.05, 5553.045, and 5571.20 of the Revised Code be enacted to read as follows:
Sec. 309.09. (A) The prosecuting attorney shall be the
legal adviser of the board of county commissioners, board of
elections, and all other county officers and boards, including
all tax-supported public libraries, and any of them may require
written opinions or instructions from the prosecuting attorney in
matters connected
with their official duties. The prosecuting attorney shall
prosecute and defend all
suits and actions which any such officer or board directs or to
which it is a party, and no county officer may employ any other
counsel or attorney at the expense of the county, except as
provided in section 305.14 of the Revised Code. (B) The prosecuting attorney shall be the legal adviser
for all township officers, boards, and commissions, unless the
township has adopted
a limited home
rule government pursuant to
Chapter 504. of the Revised Code and has not entered into a contract to
have the prosecuting attorney serve as the township law director, in which
case the township law
director, whether serving full-time or part-time, shall be the
legal adviser for all township officers, boards, and
commissions. When the board of
township trustees finds it advisable or necessary to have
additional legal counsel, it may employ an attorney other than the
township law director or the prosecuting attorney of the county,
either for a particular matter or on an annual basis, to
represent the township and its officers, boards, and commissions
in their official
capacities and to advise them on legal matters. No such legal counsel
or attorney may be employed, except on the order of the board of
township trustees, duly entered upon its journal, in which the
compensation to be paid for the legal services shall be
fixed. The compensation shall be paid from the township
fund. Nothing in this division confers any of the powers or
duties of a prosecuting attorney under section 309.08 of the
Revised Code upon a township law director. (C) Whenever the board of county commissioners employs an
attorney other than the prosecuting attorney of the county,
without the authorization of the court of common pleas as
provided in section 305.14 of the Revised Code, either for a
particular matter or on an annual basis, to represent the board
of county commissioners in its official capacity and to advise it
on legal matters, the board of county commissioners shall enter
upon its journal an order of the board in which the compensation
to be paid for the legal services shall be fixed. The
compensation shall be paid from the county general fund. The
total compensation paid, in any year, by the board of county
commissioners for legal services under this division shall not
exceed the total annual compensation of the prosecuting attorney
for that county. (D) The prosecuting attorney and the board of county
commissioners jointly may contract with a board of park
commissioners under section 1545.07 of the Revised Code for the prosecuting
attorney to provide legal services to the park
district the board of park commissioners operates. All moneys received
pursuant to the contract shall be deposited into the
prosecuting attorney's legal services fund, which shall be established in the
county treasury of each county in which the contract
exists. Moneys in
that fund may be appropriated only to the prosecuting attorney for the purpose
of providing legal services under a contract entered into under this
division. (E) The prosecuting attorney may be, in the prosecuting attorney's discretion, the legal adviser of a joint fire district created under section 505.371 of the Revised Code, at no cost to the district. Sec. 5541.05. (A) Except as otherwise provided in division (D) of this section, a board of county commissioners by resolution may place a graveled or unimproved county road under its jurisdiction or any portion of such a road on nonmaintained status. Upon adoption of such a resolution, the board is not required to cause the road to be dragged at any time, or to cut, destroy, or remove any brush, weeds, briers, bushes, or thistles upon or along the road, or to remove snow from the road, or to maintain or repair the road in any manner. The board, in its discretion, may cause any of these actions to be performed on or to a road that it has placed on nonmaintained status.
(B) A board may adopt a resolution under this section only if the board finds that placing the road on nonmaintained status will not unduly adversely affect the flow of motor vehicle traffic on that road or on any other road located in the immediate vicinity of that road as determined by the overall use of the road during the preceding twenty-one years. (C) A board may terminate the nonmaintained status of a county road by adopting a resolution to that effect. If the owner of land adjoining a road that has been placed on nonmaintained status requests the board to terminate the nonmaintained status of the road, the board, in its resolution that terminates that nonmaintained status, may require the owner to pay the costs of upgrading the road to locally adopted county standards. (D) A graveled road may not be placed on nonmaintained status if any person resides in a residence adjacent to the road, the road is the exclusive means for obtaining access to the residence, and the residence is the person's primary place of residence.
Sec. 5543.01. (A) Except as provided in division
(B) of this section, the county engineer shall have general
charge of the following: (1) Construction, reconstruction, improvement,
maintenance, and repair of all bridges and highways within the
engineer's county, under the jurisdiction of the board of county
commissioners, except for those county roads the board places on nonmaintained status pursuant to section 5541.05 of the Revised Code; (2) Construction, reconstruction, resurfacing, or
improvement of roads by boards of township trustees under sections 5571.01,
5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, and 5575.02
to 5575.09 of the Revised Code; (3) Construction, reconstruction, resurfacing, or
improvement of the roads of a road district under section 5573.21 of the
Revised Code. (B) For any particular project, after notifying the county
engineer, the board of township
trustees of a township that has adopted a limited home rule government under
Chapter 504. of the Revised Code may
hire an independent professional engineer to be
in charge of those activities listed in division (A)(2) of this
section. The county engineer
shall review all of the
independent professional engineer's plans for improvements and
provide the board of township trustees with comments on those
plans within ten working days after receiving them. The county
engineer shall monitor all plans for improvements in order to
maintain compliance with existing construction standards and
thoroughfare plans, and coordinate construction timelines within
the county. (C) The county engineer may not perform any duties in
connection with the
repair,
maintenance, or dragging of roads by boards of township trustees, except
that,
upon the request of any board of township trustees, the
county engineer shall inspect any road designated by it and advise as to
the best
methods of repairing, maintaining, or dragging that road.
Sec. 5553.04. When the board of county commissioners is of the opinion that
it
will be for the public convenience or welfare to locate, establish, alter,
widen, straighten, vacate, or change the direction of a public road, it shall
so declare by resolution, which resolution shall set forth the general route
and termini of the road, or part thereof of the road, to be located, established, or
vacated, or the general manner in which such the road is to be altered, widened, or
straightened, or the direction thereof of the road is to be changed. When a petition, signed by at least twelve freeholders of the county residing
in the vicinity of the proposed improvement, or signed by the owner of the
right to mine coal lying under or adjacent to the proposed improvement, is
presented to the board requesting the board to locate, establish, alter, widen,
straighten, vacate, or change the direction of a public road, such the board shall
view the location of the proposed improvement, and, if it is of the opinion
that it will be for the public convenience or welfare to make such the improvement,
it may proceed to make such the improvement as provided in sections 5553.04 to
5553.16, inclusive, of the Revised Code. Such The petition shall set forth the
general route and termini of the road, or part thereof of the road, to be located,
established, or vacated, or the general manner in which such the road is to be
altered, widened, or straightened, or the direction thereof of the road is to be changed. When the
board declares by resolution its intention to proceed with the improvement, it
may also may provide in such the resolution for the establishment of an appropriate
detour route or for the temporary closing of the road to be improved. When the
petition presented to the board for a proposed improvement as provided in this
section, is a petition signed by the owner of the right to mine coal lying
under or adjacent to the proposed improvement, such that petitioner shall pay the
costs and expenses incurred by such the board in connection with the proceedings
initiated by such the petition, and the costs and expenses of making such the
improvement including compensation and damages, and including the cost of
relocation of any conduits, cables, wires, towers, poles, or other equipment or
appliances of any public utility or electric cooperative as defined in section 4928.01 of the Revised Code, located on, over, or under the portion of the
road affected by such the improvement, and, on demand by the board, shall give bond
to the satisfaction of the board in such the amount as the board determines, to
secure the payment of all such of those costs and expenses.
Sec. 5553.042. A (A) As used in this section: (1) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code. (2) "Service facilities" includes any conduit, cable, wire, tower, pole, or other equipment or appliance of a public utility or electric cooperative. (B) A township shall lose all rights in and to any public road,
highway, street, or alley which has been abandoned and not used for a period
of twenty-one years, after formal proceedings for vacation as provided in
sections 5553.04 to 5553.11 of the Revised Code have been taken; and upon. Upon
petition for vacation of such a public road, highway, street, or alley filed with the
board of county
commissioners by any abutting landowner, if the board finds that said the public
road, highway, street, or alley has been abandoned and not used for a period
of twenty-one years as alleged in such the petition, the board of county
commissioners
may, by resolution, may order the road, highway, street, or alley vacated, and such the
road, highway, street, or alley shall pass, in fee, to the abutting landowners
thereof, as provided by law, and subject to the preservation of any all of the following: (1) Any existing right
of way in, over, or under such roadway by the road, highway, street, or alley for the service facilities of any public utility or rural electric
co-operative service facilities, including any conduit, cable, wires, towers,
poles, or other equipment or appliances of any public utility or rural
electric
co-operative located on, over, or under such roadway and cooperative for such period of
time as long as such the public utility or rural electric co-operative service facilities
continue to be used cooperative continues to render service to the public and also subject to the; (2) The
right of ingress and egress for the purpose of servicing and maintaining the
same, and subject to the preservation of a for a public utility or electric cooperative to service and maintain its service facilities as provided under section 5553.043 of the Revised Code; (3) The right to trim or remove any trees, shrubs, brush, or other obstacles growing in or encroaching onto the right of way that may affect the operation, use, or access to service facilities; (4) Any right of way for public
nonmotorized
vehicular recreational use as provided under section 5553.044 of the Revised
Code.
Sec. 5553.043. When any street, highway, or road, or a portion thereof of any street, highway, or road, is
vacated pursuant to the provisions of any section of Chapters 5553. this chapter or Chapter 5571.
of
the Revised Code, and the relocation of any conduits, cables, wires, towers,
poles, sewer lines, steam lines, pipelines, gas and water lines, tracks, or
other equipment or appliances of any electric cooperative, railroad, or public utility, whether owned
privately or by any governmental authority, located on, over, or under the
portion of the street, highway, or road affected by any such the vacation, is are not
required for purposes of the vacating authority, any affected electric cooperative, railroad, or
public utility company shall be deemed to have a permanent easement in such the
vacated portion of such the street, highway, or road for the purpose of accessing,
maintaining, operating, renewing, reconstructing, and removing said those utility
facilities and for purpose of access to said facilities. Nothing The permanent easement also confers a right of ingress and egress to service and maintain those utility facilities and a right to trim or remove any trees, shrubs, brush, or other obstacles growing in or encroaching onto the permanent easement that may affect the operation, use, or access to those utility facilities. Nothing in this
section shall be construed to relieve an owner of the right to mine coal who
petitions for a proposed improvement from the obligation to pay the relocation
costs and
expenses of public utility or electric cooperative facilities as provided in Chapter 5553. this chapter or Chapter 5571. of
the Revised Code.
As used in this section, "electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
Sec. 5553.045. (A) As used in this section, "road" means a road, or portion of a road, which is not used to calculate distributions of the auto registration distribution fund under division (E) of section 4501.04 of the Revised Code and, thus, is not a road or portion of a road certified by the board of township trustees to the director of transportation in accordance with that division as mileage in the township used by and maintained for the public. (B) A board of township trustees may petition the board of county commissioners to vacate a township road or a portion of a township road by passing a resolution that requests the vacation of the road or portion and includes a description of the general route and termini of the road or portion. The township clerk shall file a copy of the resolution with the board of county commissioners and certify another copy to the county engineer.
Within thirty days after receipt of that copy of the resolution, the engineer shall issue to the board of county commissioners a written report similar in content to reports required under section 5553.06 of the Revised Code. The failure of the engineer to provide this report does not affect the actions required under this section and does not invalidate the vacation of a road or portion of a road under this section. (C) Upon receipt of the copy of the township's resolution, the board of county commissioners shall set a date for a public hearing on the vacation of the road or portion of the road that is not more than forty-five days after the date that the resolution is filed with the board. The clerk of the board shall notify by regular mail the landowners abutting the road or portion of the road proposed to be vacated. That notice shall be sent at least twenty days before the board's public hearing, shall state that the board of township trustees has filed a resolution requesting the vacation of the specified road or portion of the road under this section, and shall inform the landowners of the time and place of the public hearing on this issue. The notice shall be mailed to the addresses of the abutting landowners as they appear on the county auditor's current tax list or the county treasurer's mailing list. Failure of the delivery of this notice to any abutting landowner does not invalidate the vacation of a road or a portion of a road under this section. (D) After the public hearing, if the board of county commissioners determines that the vacation of the road or portion of the road would be for the public convenience or welfare, it shall adopt a resolution by a majority vote declaring the road or portion to be vacated and file a certified copy of the resolution with the petitioner board of township trustees, the county recorder, and the county engineer. If the board of county commissioners fails to vote on the issue of vacating the road or portion of the board within sixty days after the township's resolution is filed with it, the road or portion of the road specified in the resolution shall be deemed to be vacated, and the petitioner board of township trustees shall adopt another resolution describing the road or portion of the road that has been vacated and explaining this vacation is by action of this section. The board of township trustees shall file a certified copy of that resolution with the board of county commissioners, the county recorder, and the county engineer.
(E) Once the certified copies of the resolution declaring a road or portion of a road vacated are filed as provided in division (D) of this section, the board of township trustees, by resolution, shall order the road or portion of the road vacated. The vacated road or portion of the road shall pass, in fee, to the abutting landowners subject to all of the following: (1) A permanent easement as provided in section 5553.043 of the Revised Code in, over, or under the road for the service facilities, as defined in section 5553.042 of the Revised Code, of a public utility or electric cooperative as defined in section 4928.01 of the Revised Code; (2) The right of ingress or egress to service and maintain those service facilities; (3) The right to trim or remove any trees, shrubs, brush, or other obstacles growing in or encroaching onto the permanent easement that may affect the operation, use, or access to those service facilities.
Sec. 5555.02. The board of county commissioners may
construct a public road by laying out and building a new road, or
by improving, reconstructing, or repairing any existing public
road or part thereof of an existing public road by grading, paving, widening, altering,
straightening, vacating, changing the direction, draining,
dragging, graveling, macadamizing, resurfacing, applying dust
preventives, or by otherwise improving the same, and, where an
established road has been relocated, the board may construct and
maintain such connecting roads between the old and new locations
as will provide reasonable access thereto. The board also may place a county road on nonmaintained status pursuant to section 5541.05 of the Revised Code. The board may
purchase or lease, erect, and maintain automatic traffic signals
at such intersections of public highways outside municipal
corporations as are necessary for the protection of the public
traveling upon such those highways. Automatic traffic signals shall
not be placed at intersections of public highways on the state
highway system unless the board first obtains the approval of the
director of transportation. This section does not apply to roads or highways on the
state highway system, except such portions as the board
constructs under plans and specifications approved by the
director and under his the director's supervision and
inspection.
Sec. 5571.02. The board of township trustees shall have
control of the township roads of its township and, except for those township roads the board places on nonmaintained status pursuant to section 5571.20 of the Revised Code, shall keep them
in good repair. The board of township trustees may, with the
approval of the board of county commissioners or the director of
transportation, may maintain or repair a county road, or intercounty
highway, or state highway within the limits of its township. In the maintenance and repair of roads, the board of
township trustees may proceed in any of the following methods: (A) It may designate one of its number to have charge of
the maintenance and repair of roads within the township. (B) It may divide the township into three road districts,
in which event each trustee shall have charge of the maintenance
and repair of roads within one of such those districts. (C) It may appoint some competent person, not a member of
the board of township trustees, to have charge of maintenance and
repair of roads within the township, who shall be known as
"township highway superintendent" and shall serve at the pleasure
of the board of township trustees. The method to be followed in each township shall be
determined by the board of township trustees by resolution
entered on its records.
Sec. 5571.08. The Except as provided in section 5571.20 of the Revised Code, the board of township trustees shall cause all the township
roads within the township to be kept free from obstruction by snow. The cost
and expense thereof shall be paid from the road funds of the township or from
the funds allocated to the township by section 5735.27 of the Revised Code.
Sec. 5571.12. The Except as provided in section 5571.20 of the Revised Code, the board of township trustees shall cause the graveled and
unimproved public roads of the township to be dragged. At the beginning of
each fiscal half year, the board, before making any other appropriations from
the township road fund, shall appropriate and set aside a sum sufficient to
meet the expense of dragging the graveled and unimproved public roads of the
township during the ensuing six months. Such That sum shall not be used for any
purpose other than that for which it was appropriated. The board shall from time to time shall designate the roads to be dragged and
furnish
suitable road drags, hones, scrapers, or other tools, which shall be paid for
out of the road fund. The work of dragging the graveled and unimproved public
roads of the township, or of any road district thereof of the township, shall be done under
the
supervision of one of the township trustees or the township highway
superintendent designated to have charge of the maintenance and repair of
roads
as provided in section 5571.02 of the Revised Code. Such That trustee or
superintendent shall employ the necessary labor and teams at a price to be
fixed by the board. Bills for dragging shall be paid from the dragging fund
upon the order of the board.
Sec. 5571.20. (A) Except as otherwise provided in division (D) of this section, a board of township trustees by resolution may place a graveled or unimproved township road under its jurisdiction or any portion of such a road on nonmaintained status. Upon adoption of such a resolution, the board is not required to cause the road to be dragged at any time, or to cut, destroy, or remove any brush, weeds, briers, bushes, or thistles upon or along the road, or to remove snow from the road, or to maintain or repair the road in any manner. The board, in its discretion, may cause any of these actions to be performed on or to a road that it has placed on nonmaintained status.
(B) A board may adopt a resolution under this section only if the board finds that placing the road on nonmaintained status will not unduly adversely affect the flow of motor vehicle traffic on that road or on any other road located in the immediate vicinity of that road as determined by the overall use of the road during the preceding twenty-one years. (C) A board may terminate the nonmaintained status of a township road by adopting a resolution to that effect. If the owner of land adjoining a road that has been placed on nonmaintained status requests the board to terminate the nonmaintained status of the road, the board, in its resolution that terminates that nonmaintained status, may require the owner to pay the costs of upgrading the road to locally adopted township standards. (D) A graveled road may not be placed on nonmaintained status if any person resides in a residence adjacent to the road, the road is the exclusive means for obtaining access to the residence, and the residence is the person's primary place of residence. Section 2. That existing sections 309.09, 5543.01, 5553.04, 5553.042, 5553.043, 5555.02, 5571.02, 5571.08, and 5571.12 of the Revised Code are hereby repealed.
Section 3. That sections 1509.03 and 1509.06 of the Revised Code as they result from Sub. H.B. 278 of the 125th General Assembly contingently be amended to read as follows:
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. 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 an urbanized area. 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.
As used in this section, "urbanized area" means an area where a well or production facilities of a well are located within a municipal corporation or within a township that has an unincorporated population of more than five thousand in the most recent federal decennial census prior to the issuance of the permit for the well or production facilities.
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) 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.
Section 4. That existing sections 1509.03 and 1509.06 of the Revised Code as they result from Sub. H.B. 278 of the 125th General Assembly are hereby contingently repealed.
Section 5. The amendment by this act of sections 1509.03 and 1509.06 of the Revised Code as they result from Sub. H.B. 278 of the 125th General Assembly is contingent upon those sections becoming law in the same form as they were passed by the Senate on April 27, 2004, 150 Senate Journal 1769.
Section 6. If the amendment of sections 1509.03 and 1509.06 of the Revised Code by Sections 3, 4, and 5 of this act occurs, those sections as amended by this act take effect on the effective date of Sub. H.B. 278 of the 125th General Assembly or the earliest date permitted by law, whichever is later.
Section 7. If any provision of section 1509.03 or 1509.06 of the Revised Code, as those sections have been amended by this act, or the application of those sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of those sections that can be given effect without the invalid provision or application, and to this end the provisions of those sections are severable.
Section 8. (A) There is hereby created the Oil and Gas Advisory Council consisting of the Director of Natural Resources and the Chief of the Division of Mineral Resources Management, or their designees, as members ex officio and seven members to be appointed by the Director. Of the appointed members, one shall represent the interests of counties, one shall represent the interests of municipal corporations, one shall represent the interests of townships, one shall represent the interests of owners of natural gas wells, one shall represent the owners of oil wells, one shall represent the interests of contractors engaged in drilling, fracturing, producing, or servicing oil and gas wells, and one shall represent a statewide environmental advocacy organization.
Not later than ninety days after the effective date of this act, the Director shall make appointments to the Council. Vacancies shall be filled in the manner provided for original appointments.
The Director, or the Director's designee, shall serve as chairperson of the Council. The Council shall select from among its members a vice-chairperson and a secretary who shall make a record of its proceedings. The Council shall meet at times that the chairperson considers appropriate. A majority vote of the members of the Council is necessary to take action on any matter.
Serving as a member of the Council does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment. Appointed members of the Council shall serve without compensation for attending Council meetings.
The Council shall advise and assist the Chief in adopting rules under section 1509.03 of the Revised Code identifying the subjects to be addressed by the Chief when attaching terms and conditions to permits for wells and production facilities of wells that are located in specified areas. The Council shall cease to exist when the rules are adopted.
(B) The enactment of this section is contingent on the amendments to section 1509.03 of the Revised Code made by Sub. H.B. 278 of the 125th General Assembly becoming law in the same form as they were passed by the Senate on April 27, 2004, 150 Senate Journal 1769.
Section 9. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that immediate action is necessary to avoid the undue financial burden on local governments to maintain roads that are no longer in general use. Therefore, this act shall go into immediate effect.
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