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2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.32 | Suspension of Permit.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The chief may suspend a permit issued under section 1521.29 of the Revised Code pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code if the chief determines one of the following:
(1) That the continued withdrawal or consumptive use of water under the permit will endanger the public health, safety, or welfare;
(2) That the withdrawal or consumptive use of water will result in a significant lowering of the water level within an aquifer, the overdrafting of an aquifer, or the imminent threat of irreparable material damage to an aquifer such that the aquifer will no longer yield the amount of water it did before the withdrawal or consumptive use.
(B) Before suspending a permit, the chief shall make a reasonable attempt to notify the permittee that the chief intends to suspend the permit. If the attempt fails, notification shall be given as soon as practicable following the suspension.
(C) Within five days after the suspension, the chief shall provide the permittee an opportunity for a hearing. At the hearing the permittee may present evidence that the continued withdrawal or consumptive use of water is warranted because the reasons for suspension specified in division (A) of this section do not apply.
(D) Prior to the expiration of a suspended permit, a permittee may request the chief to amend the suspended permit. The chief may amend the permit and allow the withdrawal or consumptive use of water under it to be resumed if the chief determines that, under the amended permit, the reasons for suspension specified in division (A) of this section will no longer apply.
(E)(1) Any six or more residents of this state may petition the chief for an investigation of a withdrawal of water resources that they allege is in violation of a permit issued under section 1521.29 of the Revised Code.
(2) In the petition, the petitioners shall identify the permittee and detail the reasons why the petitioners believe that grounds exist for the suspension of the permit under this section or the revocation of the permit under section 1521.33 of the Revised Code.
(3) Upon receipt of the petition, the chief shall send a copy to the permittee and, within sixty days, make a determination whether grounds exist for suspension of the permit under this section or revocation of the permit under section 1521.33 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.33 | Revocation of Permit.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The chief may revoke a permit issued under section 1521.29 of the Revised Code pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code if one of the following applies:
(A) The continued withdrawal or consumptive use of water under the permit will endanger the public health, safety, or welfare.
(B) The withdrawal or consumptive use of water will result in a significant lowering of the water level within an aquifer, the overdrafting of an aquifer, or the imminent threat of irreparable material damage to an aquifer such that the aquifer will no longer yield the amount of water it did before the withdrawal or consumptive use.
(C) The permittee has violated, is violating, or is threatening to violate any provision in sections 1521.23 to 1521.36 of the Revised Code, rules adopted under those sections, or a permit or order issued under those sections.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.34 | Notice to Public Water System Permittee.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) For purposes of this section, "public water system" has the same meaning as in section 6109.01 of the Revised Code.
(B) The chief shall provide written notice to the director of environmental protection and the permittee at least ten business days prior to requiring a permittee that is a public water system to decrease its withdrawal, or prior to revoking, suspending, or amending the public water system's permit issued under section 1521.29 of the Revised Code. Nothing in this section affects a public water system's obligation to comply with Chapter 6109. of the Revised Code and the rules adopted under it.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.36 | Owners Outside Geographic Area; Complaint.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) An owner of real property that is located outside the geographic area established under section 1521.28 of the Revised Code with respect to a permit issued under section 1521.29 of the Revised Code may submit a written complaint to the permittee or to the chief of the division of water resources if both of the following apply:
(1) The owner obtains all or part of the owner's water supply for domestic, agricultural, industrial, or other legitimate use from ground water.
(2) There is a diminution or interruption of that water supply.
The owner shall include in the complaint the owner's name, address, and telephone number.
(B) If the chief receives the written complaint submitted under division (A) of this section, upon receipt the chief shall send the permittee a copy of the complaint. If the permittee receives the written complaint, upon receipt the permittee shall send the chief a copy of the complaint.
(C) The chief shall investigate the complaint. Upon completion of the investigation, the chief shall send the results of the investigation to the permittee and to the owner that submitted the complaint.
(D) The owner that submitted the complaint may resolve the diminution or interruption of the owner's water supply with the permittee or may commence a civil action for that purpose.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.40 | Violation; Remedies.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) No person shall violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.
(B) The attorney general, upon written request of the chief of the division of water resources, shall bring an action for an injunction or other appropriate legal or equitable action against any person who has violated, is violating, or is threatening to violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.
(C) A person who violates any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it is liable to the chief for any costs incurred by the division of water resources in investigating, mitigating, minimizing, removing, or abating the violation and conditions caused by it. The chief also may assess a civil penalty of not more than five thousand dollars per day for each day a violation occurs of any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.
(D) Upon the request of the chief, the attorney general shall bring a civil action against the responsible person to recover those costs and civil penalties in the court of common pleas of Franklin county. Money recovered under this division for violations of sections 1521.06 to 1521.063 of the Revised Code, any rule or order adopted or issued under those sections, or any term or condition of a permit issued under those sections shall be deposited in the state treasury to the credit of the dam safety fund created in section 1521.06 of the Revised Code. Money recovered under this division for violations of sections 1521.16 and 1521.22 to 1521.35 of the Revised Code, any rule or order adopted or issued under those sections, or any term or condition of a permit issued under those sections shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code.
Last updated August 4, 2021 at 3:03 PM
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1521 | Division of Water Resources › Section 1521.99 | Penalty.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Whoever violates division (E)(1) of section 1521.05 or division (E)(1) of section 1521.16 of the Revised Code is guilty of a misdemeanor of the fourth degree. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code.
(B) Whoever violates section 1521.06 or 1521.062 of the Revised Code shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of violation constitutes a separate offense. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the dam safety fund created in section 1521.06 of the Revised Code.
(C) Whoever violates section 1521.22 of the Revised Code or the terms or conditions of a permit issued under that section shall be fined not more than ten thousand dollars for each day of violation. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code.
(D) Whoever violates section 1521.23 of the Revised Code or the terms or conditions of a permit issued under section 1521.29 of the Revised Code is guilty of a misdemeanor of the fourth degree. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code.
Last updated August 4, 2021 at 3:06 PM
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.02 | Governor as State Administrator of Compact.

Effective:
December 8, 2008
Latest Legislation:
House Bill 416 - 127th General Assembly
The governor, ex officio, shall serve as this state's administrator of the great lakes-st. Lawrence river basin water resources compact. The governor shall appoint the director of natural resources as the governor's alternate for purposes of attending all meetings of the great lakes-st. Lawrence river basin water resources council and voting on matters before the council in the governor's absence.
The governor shall do all of the following as administrator:
(A) Receive copies of all agreements that are entered into pursuant to the compact by this state or its political subdivisions and other states or their political subdivisions;
(B) Consult with, advise, and aid this state, other states, and political subdivisions in the formulation of such agreements;
(C) Make any recommendations to the general assembly, legislatures of other states, governmental agencies, and political subdivisions that the governor considers desirable in order to effectuate the purposes of the compact;
(D) Consult with and cooperate with the compact administrators of other states that are parties to the compact.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.03 | Implementation and Enforcement of Compact.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The chief of the division of water resources shall do all of the following:
(A) Adopt rules in accordance with Chapter 119. of the Revised Code for the implementation, administration, and enforcement of the great lakes-st. Lawrence river basin water resources compact;
(B) Enforce the great lakes-st. Lawrence river basin water resources compact and take appropriate actions to effectuate its purposes and intent;
(C) Adopt rules in accordance with Chapter 119. of the Revised Code for the development, implementation, administration, and enforcement of any permit program established under this chapter.
Rules adopted under this section shall be no more stringent than the great lakes-st. Lawrence river basin water resources compact. The chief shall convene a working group consisting of parties with interests in Lake Erie, the Lake Erie watershed, and the great lakes-st. Lawrence river basin water resources compact. The working group shall consult with the chief regarding the adoption of rules under this section.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.04 | Legislative Authorization for Vote on Standard of Review.

Effective:
December 8, 2008
Latest Legislation:
House Bill 416 - 127th General Assembly
(A) Prior to casting a vote under Section 3.1 of the great lakes-st. Lawrence river basin water resources compact with respect to any regulation that amends or revises the standard of review and decision, the governor or the governor's alternate shall obtain authorization from the general assembly for the vote. The governor or the governor's alternate shall obtain the authorization via a concurrent resolution adopted or bill enacted by the general assembly. The governor or the governor's alternate shall exercise the vote consistent with the terms of the general assembly's authorization. The procedures established in this section are material requirements for adoption of any such regulation in accordance with Section 3.1 of the compact and Ohio's respective statutory authority and procedures.
(B) No regulation duly adopted as provided for in Section 3.1 of the compact that amends or revises the standard of review and decision as set forth in the compact may be adopted by the director of natural resources unless the regulation is first approved by the general assembly in the same manner as a statutory enactment.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.05 | Organization and Operation of Water Resources Council.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Pursuant to Section 9.2 of the great lakes-st. Lawrence river basin water resources compact, the governor may take such actions as are necessary for the initial organization and operation of the great lakes-st. Lawrence river basin water resources council created in Section 2.1 of the compact. Agencies of the state are hereby authorized to cooperate with the council.
The chief of the division of water resources shall adopt voluntary watershedwide goals, objectives, and standards for water conservation and efficiency consistent with Section 4.2 of the great lakes-st. Lawrence river basin water resources compact.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.06 | Incorporation of Water Into Product as Consumptive Use.

Effective:
December 8, 2008
Latest Legislation:
House Bill 416 - 127th General Assembly
It is the intent of the general assembly that any incorporation of water into a product that is produced within the great lakes-st. Lawrence river basin and packaged and intended for intermediate or end-use consumers, whether distributed inside or outside the basin, is a consumptive use and does not constitute a diversion for purposes of the great lakes-st. Lawrence river basin water resources compact. A proposal to withdraw water and remove it from the basin in a container greater than five and seven-tenths gallons in capacity shall be treated as a proposal for a diversion as provided under Section 4.12.10 of the great lakes-st. Lawrence river basin water resources compact.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.08 | Private Property Rights Not Abrogated by Compact.

Effective:
December 8, 2008
Latest Legislation:
House Bill 416 - 127th General Assembly
(A) It is the intent and understanding of the general assembly that the enactment of the great lakes-st. Lawrence river basin water resources compact and its implementation in this state do not and shall not in any manner abrogate any private property rights established under the Revised Code or the common law of this state. In addition, it is the intent and understanding of the general assembly that the enactment of the great lakes-st. Lawrence river basin water resources compact does not confer or extend any public trust rights and does not confer any proprietary ownership rights to the state or any public entity over the ground water or surface water in the great lakes-st. Lawrence river basin in this state.
(B) It is the intent and understanding of the general assembly that the great lakes-st. Lawrence river basin water resources compact does not create any cause of action that may be brought against any person beyond those causes of action that are specifically authorized under Section 7.3 of the compact.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.101 | References to Source Watershed or the Lake Erie Source Watershed.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
For purposes of sections 1522.10 to 1522.30 of the Revised Code, a reference to source watershed or the Lake Erie source watershed means the Lake Erie watershed considered as a whole.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.11 | Permit for New or Increased Diversion of Water Out of Lake Erie Watershed.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) No person shall install or operate a facility or equipment that results in a new or increased diversion of any water out of the Lake Erie watershed to another watershed without first obtaining a permit to do so issued by the chief of the division of water resources. An application for such a permit shall be submitted to the chief on a form that the chief prescribes. An application shall be accompanied by a nonrefundable fee of one thousand dollars, which shall be credited to the water management fund created in section 1521.22 of the Revised Code.
(B) The chief shall approve a permit application submitted under this section only if the chief determines that it meets the criteria required to qualify as an exception to the prohibition against diversions established in Section 4.9 of the compact. The chief shall issue or deny a permit through issuance of an order.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.121 | Submission for Withdrawing Ground Water.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Along with an application for a permit submitted under section 1522.12 of the Revised Code, an applicant that proposes to withdraw ground water shall submit data in a form prescribed by the chief of the division of water resources that includes all of the following:
(A) A hydrologic map consisting of a single map using the most recent USGS 7.5 minute topographic maps at a scale of 1:24,000 as a base or other approved format that shows all of the information described in section 1521.122 of the Revised Code;
(B) A hydrogeologic description in sufficient detail to determine the cone of depression for the proposed withdrawal that includes all of the information described in section 1522.123 of the Revised Code;
(C) A steady state ground water model that defines the projected cone of depression for the proposed withdrawal that complies with section 1522.124 of the Revised Code;
(D) Alternative water supply information that includes an analysis of the availability and suitability of alternative water supply sources that will be utilized to fulfill the water supply replacement provisions of section 1522.24 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.122 | Notations on Hydrologic Map.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
An applicant shall show all of the following on the hydrologic map required under division (A) of section 1522.121 of the Revised Code:
(A) The proposed withdrawal area;
(B) The hydrologic study area;
(C) A line delineating the location of the cross sections required under division (E) of section 1522.123 of the Revised Code;
(D) The location of and assigned identification number for the selected water supply wells identified in division (D) of section 1522.123 of the Revised Code and all other water sources used for domestic, agricultural, or industrial use within the proposed withdrawal area and hydrologic study area;
(E) The location of any well, well field, reservoir, river, and water source not identified under division (D) of this section on or within the hydrologic study area that is used for a public water supply and any facility registered under section 1521.16 of the Revised Code on or within the hydrologic study area;
(F) Any additional information that the chief of the division of water resources may require based on site-specific conditions.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.124 | Steady State Ground Water Model.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) An applicant shall ensure that both of the following apply to the steady state ground water model required under division (C) of section 1522.121 of the Revised Code:
(1) It accurately reflects the ground water flow conditions associated with the hydrologic study area and is consistent with American society for testing and materials international standards.
(2) It is in the form of a three-dimensional ground water flow model utilizing finite difference modeling software or other modeling software acceptable to the chief of the division of water resources.
(B) The applicant shall submit the model results in a format prescribed by the chief. The applicant shall include detailed explanations of the hydrologic and geologic parameters used to construct the model, including all of the following:
(1) The saturated thickness of each aquifer;
(2) The elevation of the static water level or potentiometric surface of each aquifer;
(3) Whether each aquifer is confined or unconfined;
(4) The pumping water level elevation at steady state conditions.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.125 | Establishment of Geographic Area.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The chief of the division of water resources shall use the data submitted under sections 1522.121 to 1522.124 of the Revised Code to establish the geographic area defined by the ten-foot contour line of the projected cone of depression for any approved application for the withdrawal of ground water. However, the chief may designate a different contour line based upon water resource availability, seasonal variations, other water users in the hydrologic study area, or other ground water data available.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.13 | Issuance of Withdrawal and Consumptive Use Permit; Requirements.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The chief of the division of water resources shall not issue a withdrawal and consumptive use permit for a facility if the chief determines that the facility does not meet all of the criteria established in Section 4.11 of the compact.
(B) In applying the provision of the decision-making standard established in Section 4.11.2 of the compact, the chief shall require that a withdrawal or consumptive use will be implemented so as to ensure that the withdrawal or consumptive use will result in no significant individual or cumulative adverse impacts on the quantity or quality of the waters and water dependent natural resources of the great lakes basin considered as a whole or of the Lake Erie source watershed considered as a whole. As part of the evaluation of a permit application under Section 4.11.2 of the compact, the chief shall do all of the following:
(1) Rely on the best generally accepted scientific methods appropriate for this state derived from professionally accepted resources and practices;
(2) Consider the long-term mean annual inflow and outflow of the Lake Erie source watershed;
(3) Consider the withdrawal and the portion of the withdrawal that is not returned to the Lake Erie source watershed.
(C) Impacts of a withdrawal or consumptive use on the quantity or quality of waters and water dependent natural resources of more localized areas that affect less than the great lakes basin considered as a whole or the Lake Erie source watershed considered as a whole shall be considered as a part of the evaluation of whether a proposed withdrawal or consumptive use is reasonable as provided in Section 4.11.5 of the compact.
(D) The chief shall not submit an application for a withdrawal and consumptive use permit for regional review under Section 4.5.2(c)(ii) of the compact to the regional body as defined in Section 1.2 of the compact unless regional review is agreed to by the applicant.
(E) Nothing in sections 1522.10 to 1522.30 of the Revised Code shall be construed to affect, limit, diminish, or impair any rights validly established and existing under the laws of this state as of December 8, 2008, including, but not limited to, sections 1506.10 and 1521.17 of the Revised Code, or to limit a person's right to the reasonable use of ground water, water in a lake, or any other watercourse in contravention of Section 19b of Article I, Ohio Constitution.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.131 | Experimental Use Permits.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) To encourage the development of innovative water use practices and technologies that ensure sustainable water use for industrial, commercial, residential, agricultural, or public purposes, including recreational and cultural resources, as a means to facilitate sustainable economic growth and job creation, the chief of the division of water resources, with the approval of the director of natural resources, may issue experimental use permits. An experimental use permit may be issued in lieu of a withdrawal and consumptive use permit as determined appropriate by the chief.
(B) An experimental use permit may be issued if all of the following apply:
(1) The experimental use is reasonable based on a consideration of the factors specified in Section 4.11.5 of the compact.
(2) The experimental use will use no more water than is necessary to determine the effectiveness and economic feasibility of the experimental use.
(3) The experimental use does not reduce the protection afforded the waters and water dependent natural resources of the source watershed as defined in the compact below what is provided in this chapter and rules adopted under it.
(C) The chief may refuse to issue an experimental use permit if the chief determines that the proposed use will result in significant individual or cumulative adverse impacts on the quantity or quality of the waters and water dependent natural resources of the great lakes basin considered as a whole or the Lake Erie source watershed considered as a whole.
(D) The chief shall issue or deny a permit under this section through issuance of an order.
(E) The chief shall establish the terms and conditions of an experimental use permit and may suspend such a permit, at any time, if the chief finds that its terms or conditions are being violated or that its terms and conditions are inadequate to avoid significant individual or cumulative adverse impacts on the quantity or quality of the waters and water dependent natural resources of the great lakes basin considered as a whole or the Lake Erie source watershed considered as a whole.
(F) An experimental use permit issued under this section shall expire not later than twenty-four months after the date of issuance of the permit.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.16 | Petitions Regarding Baseline Reports.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A)(1) The owner or operator of a facility may petition the chief of the division of water resources for either of the following:
(a) Inclusion in the baseline report if the owner or operator believes that the facility was erroneously excluded from the report;
(b) The amendment of the amount of a withdrawal and consumptive use or other information included in the baseline report regarding the facility if the owner or operator believes that the information is incorrect.
(2) The chief shall issue an order either approving or disapproving a petition submitted under this section. The chief shall issue the order based on a thorough examination of the circumstances concerning the petition.
(3) The chief shall adopt rules in accordance with Chapter 119. of the Revised Code that establish procedures for the submission of petitions under this division.
(B) With regard to the nonuse of a baseline facility's or a facility's withdrawal and consumptive use capacity, not later than sixty days after the time period specified in division (B)(1) or (2) or (I)(1) or (2) of section 1522.10 of the Revised Code, the owner or operator of the facility may request an extension from the chief to retain the facility's active status. The request shall be made in a manner prescribed by the chief. The chief shall determine the appropriate terms and conditions of the extension, if approved, based on information submitted by the owner or operator. The chief shall issue an order approving or disapproving the request and shall do so in a manner prescribed by the chief.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.17 | Submission of Facility Water Conservation Plan.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The owner or operator of a facility who is applying for a withdrawal and consumptive use permit shall submit to the chief of the division of water resources a facility water conservation plan that incorporates environmentally sound and economically feasible water conservation measures in accordance with Section 4.11.3 of the compact. If the plan reasonably incorporates environmentally sound and economically feasible water conservation measures applicable to the facility, it shall be deemed to be in compliance with Section 4.11.3 of the compact.
(B) The chief shall keep confidential any portions of a facility water conservation plan that constitute a trade secret as defined in section 1333.61 of the Revised Code as follows:
(1) During the period of time after confidentiality is requested under division (C) of this section and until the chief makes a determination to approve or disapprove the request;
(2) On and after the date on which the chief approves a request for confidentiality under division (C) of this section.
Any portions of a facility water conservation plan that are kept confidential as provided in this division are not subject to section 149.43 of the Revised Code.
(C)(1) The owner or operator of a facility may request that any portions of a facility water conservation plan be kept confidential. The request for confidentiality shall be submitted at the same time that an owner or operator submits a facility water conservation plan under division (A) of this section. The owner or operator shall clearly indicate the information that the owner or operator considers a trade secret and shall label it as "trade secret." Failure to make such a request shall constitute a waiver of the right to prevent public disclosure of the information. A request for confidentiality shall be accompanied by documents that support the request. The documents shall describe the measures that the requestor has taken to safeguard the confidentiality of the information and indicate whether or not others are bound by a confidentiality agreement related to the information.
(2) The chief, by order, shall issue a decision regarding the confidentiality request not later than forty-five days after the receipt of the request. Until the decision is issued, the information that is the subject of the request shall be confidential and maintained by the chief in a separate file labeled "confidential." The applicant shall be notified by mail of the decision.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.18 | Investigations; Access to Premises.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The chief of the division of water resources, on the chief's own initiative or upon written complaint by any person, may investigate or make inquiries into any alleged failure to comply with this chapter, any rule adopted under it, any order issued under it, or the terms and conditions of a permit issued under it. The chief or the chief's duly authorized representative may enter at reasonable times on any private or public property to inspect and investigate conditions relating to any such alleged act of noncompliance and, if necessary, may apply to the court of common pleas having jurisdiction for a warrant permitting the entrance and inspection.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.19 | Submission of Revised Ground Water Model.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The chief of the division of water resources may require a permittee that has been issued a permit under section 1522.12 of the Revised Code to decrease its withdrawal and submit a revised ground water model under section 1522.124 of the Revised Code if either of the following applies:
(1) The reported ground water monitoring data conflicts with the permittee's ground water model.
(2) The results of the division of water resources' investigation of any written complaint under section 1522.25 of the Revised Code indicate that the permittee's withdrawal caused the diminution or interruption of a person's water supply.
(B) If so required under division (A) of this section, the permittee shall submit the revised ground water modeling using additional data that reflects the permittee's impact on ground water. Based upon the revised ground water modeling and additional data, the chief may amend the permit to decrease the withdrawal or establish a revised projected cone of depression and amend the permit accordingly.
(C) A permittee may request the chief to amend a permit issued under section 1522.12 of the Revised Code when another ground water user affects or has the potential to affect the projected cone of depression. The permittee shall submit with the request a revised ground water model using additional data that reflects the other ground water user's impact on ground water. Based upon the revised ground water model and additional data, the chief may establish a revised projected cone of depression and amend the permit accordingly.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.23 | Notice to Public Water System Permittees.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The chief of the division of water resources shall provide written notice to the director of environmental protection and the permittee at least ten business days prior to requiring a permittee that is a public water system to decrease its withdrawal, or prior to revoking, suspending, or amending the public water system's permit under this chapter. Nothing in this section affects a public water system's obligation to comply with Chapter 6109. of the Revised Code and the rules adopted under it.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.25 | Owners Outside Geographic Area; Complaint.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) An owner of real property that is located outside the geographic area established under section 1522.125 of the Revised Code with respect to a permit issued under section 1522.12 of the Revised Code may submit a written complaint to the permittee or to the chief of the division of water resources if both of the following apply:
(1) The owner obtains all or part of the owner's water supply for domestic, agricultural, industrial, or other legitimate use from ground water.
(2) There is a diminution or interruption of that water supply.
The owner shall include in the complaint the owner's name, address, and telephone number.
(B) If the chief receives the written complaint submitted under division (A) of this section, upon receipt the chief shall send the permittee a copy of the complaint. If the permittee receives the written complaint, upon receipt the permittee shall send the chief a copy of the complaint.
(C) The chief shall investigate the complaint. Upon completion of the investigation, the chief shall send the results of the investigation to the permittee and to the owner that submitted the complaint.
(D) The owner that submitted the complaint may resolve the diminution or interruption of the owner's water supply with the permittee or may commence a civil action for that purpose.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1522 | Great Lakes-St. Lawrence River Basin Water Resources Compact › Section 1522.30 | Violation; Remedies.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) No person shall violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.
(B)(1) The attorney general, upon written request of the chief of the division of water resources, shall bring an action for an injunction or other appropriate legal or equitable action against any person who has violated, is violating, or is threatening to violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.
(2) The attorney general shall bring the action in the court of common pleas of Franklin county or the county where the applicable facility is located. In an action for injunction, any factual findings of the chief presented at a hearing conducted under section 1522.21 of the Revised Code is prima facie evidence of the facts regarding the order that is the subject of the hearing.
(C) A person who violates any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it is liable to the chief for any costs incurred by the division of water resources in investigating, mitigating, minimizing, removing, or abating the violation and conditions caused by it.
(D) Upon the request of the chief, the attorney general shall bring a civil action against the responsible person to recover those costs in the court of common pleas of Franklin county. Moneys recovered under this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1531 | Division of Wildlife › Section 1531.02 | State Ownership of and Title to Wild Animals - Prohibited Activities.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
The ownership of and the title to all wild animals in this state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people. Individual possession shall be obtained only in accordance with the Revised Code or division rules. No person at any time of the year shall take in any manner or possess any number or quantity of wild animals, except wild animals that the Revised Code or division rules permit to be taken, hunted, killed, or had in possession, and only at the time and place and in the manner that the Revised Code or division rules prescribe. No person shall buy, sell, or offer any part of wild animals for sale, or transport any part of wild animals, except as permitted by the Revised Code or division rules. No person shall possess or transport a wild animal that has been taken or possessed unlawfully outside the state.
A person doing anything prohibited or neglecting to do anything required by this chapter or Chapter 1533. of the Revised Code or contrary to any division rule violates this section. A person who counsels, aids, shields, or harbors an offender under those chapters or any division rule, or who knowingly shares in the proceeds of such a violation, or receives or possesses any wild animal in violation of the Revised Code or division rule, violates this section.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1531 | Division of Wildlife › Section 1531.04 | Division of Wildlife - Powers and Duties.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The division of wildlife, at the direction of the chief of the division, shall do all of the following:
(A) Plan, develop, and institute programs and policies based on the best available information, including biological information derived from professionally accepted practices in wildlife and fisheries management, with the approval of the director of natural resources;
(B) Have and take the general care, protection, and supervision of the wildlife in the state parks known as Lake St. Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake, Guilford Lake, such part of Pymatuning reservoir as lies in this state, and all other state parks and lands owned by the state or in which it is interested or may acquire or become interested, except lands and lakes the care and supervision of which are vested in some other officer, body, board, association, or organization;
(C) Enforce by proper legal action or proceeding the laws of the state and division rules for the protection, preservation, propagation, and management of wild animals and sanctuaries and refuges for the propagation of those wild animals, and adopt and carry into effect such measures as it considers necessary in the performance of its duties;
(D) Promote, educate, and inform the citizens of the state about conservation and the values of fishing, hunting, and trapping, with the approval of the director;
(E) Prepare and maintain surveys and inventories of rare and endangered species of plants and animals and other unique natural features. The information shall be stored in the Ohio natural heritage database, established pursuant to this division, and may be made available to any individual or private or public agency for research, educational, environmental, land management, or other similar purposes that are not detrimental to the conservation of a species or feature. Information regarding sensitive site locations of species that are listed pursuant to section 1518.01 of the Revised Code and of unique natural features that are included in the Ohio natural heritage database is not subject to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental to the conservation of a species or unique natural feature.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1531 | Division of Wildlife › Section 1531.05 | Compensation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The members of the wildlife council shall receive no compensation for their services, but shall be paid the actual and necessary expenses incurred in the performance of their official duties.
The chief of the division of wildlife, in addition to the salary provided by law, shall be paid his actual and necessary expenses incurred in the performance of his official duties. He shall devote his entire time to the duties of his office, and shall hold no other office or position of profit.
Employees may be allowed and paid all actual and necessary expenses incurred by them in the performance of their duties, but only when itemized statements of such expenses are certified by the persons incurring the expense and are allowed by the chief.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1531 | Division of Wildlife › Section 1531.07 | Jurisdiction.

Effective:
September 30, 1963
Latest Legislation:
House Bill 573 - 105th General Assembly
All lakes, reservoirs, and state lands dedicated to the use of the public for park and pleasure resort purposes shall be under the supervision and control of the chief of the division of wildlife with respect to the enforcement of all laws relating to the protection of birds, fish, and game. All laws for the protection of fish in inland rivers and streams of the state, and all laws for the protection of the birds, fish, and game and fur-bearing animals, shall apply to all such state reservoirs and lakes. No person shall disturb, injure, or destroy a tree, plant, lawn, embankment, decoration, or other property or kill, injure, or disturb a waterfowl, water animal, bird, or game or fur-bearing animal, kept as a semidomestic pet upon an island or within the boundary lines of Buckeye Lake, Indian Lake, The Portage Lakes, Lake St. Marys, Guilford Lake, and Lake Loramie, or any other territory over which the state has jurisdiction or an embankment or state land adjacent thereto. No person shall take or disturb fish in any lagoon or any other portion of any of the waters over which the state has jurisdiction and which have been set aside by the chief for the propagation of fish.