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2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.21 | Permits for Secondary or Additional Recovery Operations.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
No person shall, without first having obtained a permit from the chief of the division of oil and gas resources management, conduct secondary or additional recovery operations, including any underground injection of fluids or carbon dioxide for the secondary or tertiary recovery of oil or natural gas or for the storage of hydrocarbons that are liquid at standard temperature or pressure, unless a rule of the chief expressly authorizes such operations without a permit. The permit shall be in addition to any permit required by section 1509.05 of the Revised Code. Secondary or additional recovery operations shall be conducted in accordance with rules and orders of the chief and any terms or conditions of the permit authorizing such operations. In addition, the chief may authorize tests to evaluate whether fluids or carbon dioxide may be injected in a reservoir and to determine the maximum allowable injection pressure. The tests shall be conducted in accordance with methods prescribed in rules of the chief or conditions of the permit. Rules adopted under this section shall include provisions regarding applications for and the issuance of permits; the terms and conditions of permits; entry to conduct inspections and to examine records to ascertain compliance with this section and rules, orders, and terms and conditions of permits adopted or issued thereunder; the provision and maintenance of information through monitoring, recordkeeping, and reporting; and other provisions in furtherance of the goals of this section and the Safe Drinking Water Act. To implement the goals of the Safe Drinking Water Act, the chief shall not issue a permit for the underground injection of fluids for the secondary or tertiary recovery of oil or natural gas or for the storage of hydrocarbons that are liquid at standard temperature and pressure, unless the chief concludes that the applicant has demonstrated that the injection will not result in the presence of any contaminant in underground water that supplies or can be reasonably expected to supply any public water system, such that the presence of any such contaminant may result in the system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons. Rules, orders, and terms or conditions of permits adopted or issued under this section shall be construed to be no more stringent than required for compliance with the Safe Drinking Water Act, unless essential to ensure that underground sources of drinking water will not be endangered.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.223 | Agreements for Transporting Brine - Duties of Transporters.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
(A) No permit holder or owner of a well shall enter into an agreement with or permit any person to transport brine produced from the well who is not registered pursuant to section 1509.222 of the Revised Code or exempt from registration under section 1509.226 of the Revised Code.
(B) Each registered transporter shall file with the chief of the division of oil and gas resources management, on or before the fifteenth day of April, a statement concerning brine transported, including quantities transported and source and delivery points, during the last preceding calendar year, and such other information in such form as the chief may prescribe.
(C) Each registered transporter shall keep on each vehicle used to transport brine a daily log and have it available upon the request of the chief or an authorized representative of the chief or a peace officer. The log shall, at a minimum, include all of the following information:
(1) The name of the owner or owners of the well or wells producing the brine to be transported;
(2) The date and time the brine is loaded;
(3) The name of the driver;
(4) The amount of brine loaded at each collection point;
(5) The disposal location;
(6) The date and time the brine is disposed of and the amount of brine disposed of at each location.
The chief, by rule, may establish procedures for the electronic submission to the chief of the information that is required to be included in the daily log. No registered transporter shall falsify or fail to keep or submit the log required by this division.
(D) Each registered transporter shall legibly identify with reflective paints all vehicles employed in transporting or disposing of brine. Letters shall be no less than four inches in height and shall indicate the identification number issued by the chief, the word "brine," and the name and telephone number of the transporter.
(E) The chief shall maintain and keep a current list of persons registered to transport brine under section 1509.222 of the Revised Code. The list shall be open to public inspection. It is an affirmative defense to a charge under division (A) of this section that at the time the permit holder or owner of a well entered into an agreement with or permitted a person to transport brine, the person was shown on the list as currently registered to transport brine.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.224 | Suspension or Revocation for Pattern of Negligent or Willful Violations.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) In addition to any other remedies provided in this chapter, if the chief of the division of oil and gas resources management has reason to believe that a pattern of the same or similar violations of any requirements of section 1509.22, 1509.222, or 1509.223 of the Revised Code, or any rule adopted thereunder or term or condition of the registration certificate issued thereunder exists or has existed, and the violations are caused by the transporter's indifference, lack of diligence, or lack of reasonable care, or are willfully caused by the transporter, the chief shall immediately issue an order to the transporter to show cause why the certificate should not be suspended or revoked. After the issuance of the order, the chief shall provide the transporter an opportunity to be heard and to present evidence at an informal hearing conducted by the chief. If, at the conclusion of the hearing, the chief finds that such a pattern of violations exists or has existed, the chief shall issue an order suspending or revoking the transporter's registration certificate. An order suspending or revoking a certificate under this section may be appealed under sections 1509.36 and 1509.37 of the Revised Code, or notwithstanding any other provision of this chapter, may be appealed directly to the court of common pleas of Franklin county.
(B) Before issuing an order denying 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 section 1509.22, 1509.222, 1509.223, 1509.225, or 1509.226 of the Revised Code and rules and terms and conditions of registration certificates adopted or issued thereunder pertaining to the transportation of brine by vehicle and the disposal of brine so transported, the chief shall issue a preliminary order indicating the chief's intent to issue a final order. The preliminary order shall clearly state the nature of the chief's proposed action and the findings on which it is based and shall state that the preliminary order becomes a final order thirty days after its issuance unless the person to whom the preliminary order is directed submits to the chief a written request for an informal hearing before the chief within that thirty-day period. At the hearing the person may present evidence as to why the preliminary order should be revoked or modified. Based upon the findings from the informal hearing, the chief shall revoke, issue, or modify and issue the preliminary order as a final order. A final order may be appealed under sections 1509.36 and 1509.37 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.227 | Permits for Operations in Existence Prior to 1/1/2014.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Notwithstanding division (B)(2)(a) of section 1509.22 of the Revised Code, on and after January 1, 2014, a person that is in operation prior to the date may store, recycle, treat, process, or dispose of in this state brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources without an order or a permit issued under section 1509.06, 1509.21, or 1509.22 of the Revised Code or rules adopted under any of those sections, provided that the chief of the division of oil and gas resources management has approved the operation and any required permit or other form of authorization has been issued by the environmental protection agency.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.23 | Health and Safety Rules for Drilling of Wells and Production of Oil and Gas.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
Rules of the chief of the division of oil and gas resources management may specify practices to be followed in the drilling and treatment of wells, production of oil and gas, and plugging of wells for protection of public health or safety or to prevent damage to natural resources, including specification of the following:
(A) Appropriate devices;
(B) Minimum distances that wells and other excavations, structures, and equipment shall be located from water wells, streets, roads, highways, rivers, lakes, streams, ponds, other bodies of water, railroad tracks, public or private recreational areas, zoning districts, and buildings or other structures. Rules adopted under this division shall not conflict with section 1509.021 of the Revised Code.
(C) Other methods of operation;
(D) Procedures, methods, and equipment and other requirements for equipment to prevent and contain discharges of oil and brine from oil production facilities and oil drilling and workover facilities consistent with and equivalent in scope, content, and coverage to section 311(j)(1)(c) of the "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended, and regulations adopted under it. In addition, the rules may specify procedures, methods, and equipment and other requirements for equipment to prevent and contain surface and subsurface discharges of fluids, condensates, and gases.
(E) Notifications;
(F) Requirements governing the location and construction of fresh water impoundments that are part of a production operation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.231 | Database of Information for Responding to Emergencies.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A person that is regulated under this chapter and rules adopted under it and that is required to submit information under the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11022, and regulations adopted under it shall submit the information to the chief of the division of oil and gas resources management on or before the first day of March of each calendar year. The person shall submit the information in accordance with rules adopted under division (B) of this section.
(B) The chief, in consultation with the emergency response commission created in section 3750.02 of the Revised Code, shall adopt rules in accordance with Chapter 119. of the Revised Code that specify the information that shall be included in an electronic database that the chief shall create and host. The information shall be information that the chief considers to be appropriate for the purpose of responding to emergency situations that pose a threat to public health or safety or the environment. The rules shall require that the information be consistent with the information that a person that is regulated under this chapter is required to submit under the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11022, and regulations adopted under it.
In addition, the rules shall do all of the following:
(1) Specify whether and to what extent the database and the information that it contains will be made accessible to the public;
(2) Ensure that the information submitted for the database will be made immediately available to the emergency response commission, the local emergency planning committee of the emergency planning district in which a facility is located, and the fire department having jurisdiction over a facility;
(3) Ensure that the information submitted for the database includes the information required to be reported under section 3750.08 of the Revised Code and rules adopted under section 3750.02 of the Revised Code.
(C) As used in this section, "emergency planning district," "facility," and "fire department" have the same meanings as in section 3750.01 of the Revised Code.
Last updated April 20, 2021 at 3:27 PM
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.24 | Minimum Acreage Requirements for Drilling Units and Minimum Distances for Wells.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) The chief of the division of oil and gas resources management, with the approval of the technical advisory council on oil and gas created in section 1509.38 of the Revised Code, may adopt, amend, or rescind rules relative to minimum acreage requirements for drilling units and minimum distances from which a new well may be drilled or an existing well deepened, plugged back, or reopened to a source of supply different from the existing pool from boundaries of tracts, drilling units, and other wells for the purpose of conserving oil and gas reserves. The rules relative to minimum acreage requirements for drilling units shall require a drilling unit to be compact and composed of contiguous land.
(B) Rules adopted under this section and special orders made under section 1509.25 of the Revised Code shall apply only to new wells to be drilled or existing wells to be deepened, plugged back, or reopened to a source of supply different from the existing pool for the purpose of extracting oil or gas in their natural state.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.25 | Special Order for Drilling Unit Requirements in Particular Pool.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The chief of the division of oil and gas resources management, upon the chief's own motion or upon application of an owner, may hold a hearing to consider the need or desirability of adopting a special order for drilling unit requirements in a particular pool different from those established under section 1509.24 of the Revised Code. The chief shall notify every owner of land within the area proposed to be included within the order, of the date, time, and place of the hearing and the nature of the order being considered at least thirty days prior to the date of the hearing. Each application for such an order shall be accompanied by such information as the chief may request. If the chief finds that the pool can be defined with reasonable certainty, that the pool is in the initial state of development, and that the establishment of such different requirements for drilling a well on a tract or drilling unit in the pool is reasonably necessary to protect correlative rights or to provide effective development, use, or conservation of oil and gas, the chief, with the written approval of the technical advisory council on oil and gas created in section 1509.38 of the Revised Code, shall make a special order designating the area covered by the order, and specifying the acreage requirements for drilling a well on a tract or drilling unit in the area, which acreage requirements shall be uniform for the entire pool. The order shall specify minimum distances from the boundary of the tract or drilling unit for the drilling of wells and minimum distances from other wells and allow exceptions for wells drilled or drilling in a particular pool at the time of the filing of the application. The chief may exempt the discovery well from minimum acreage and distance requirements in the order. After the date of the notice for a hearing called to make the order, no additional well shall be commenced in the pool for a period of sixty days or until an order has been made pursuant to the application, whichever is earlier. The chief, upon the chief's own motion or upon application of an owner, after a hearing and with the approval of the technical advisory council on oil and gas, may include additional lands determined to be underlaid by a particular pool or to exclude lands determined not to be underlaid by a particular pool, and may modify the spacing and acreage requirements of the order.
Nothing in this section permits the chief to establish drilling units in a pool by requiring the use of a survey grid coordinate system with fixed or established unit boundaries.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.26 | Agreements to Pool Tracts to Form Drilling Unit.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The owners of adjoining tracts may agree to pool the tracts to form a drilling unit that conforms to the minimum acreage and distance requirements of the division of oil and gas resources management under section 1509.24 or 1509.25 of the Revised Code. The agreement shall be in writing, a copy of which shall be submitted to the division with the application for a permit required by section 1509.05 of the Revised Code. Parties to the agreement shall designate one of their number as the applicant for the permit.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.29 | Order Establishing Tract as Exception Tract.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Upon application by an owner of a tract for which a drilling permit may not be issued, and a showing by the owner that the owner is unable to enter a voluntary pooling agreement and that the owner would be unable to participate under a mandatory pooling order, the chief of the division of oil and gas resources management shall issue a permit and order establishing the tract as an exception tract if the chief finds that the owner would otherwise be precluded from producing oil or gas from the owner's tract because of minimum acreage or distance requirements. The order shall set a percentage of the maximum daily potential production at which the well may be produced. The percentage shall be the same as the percentage that the number of acres in the tract bears to the number of acres in the minimum acreage requirement that has been established under section 1509.24 or 1509.25 of the Revised Code, whichever is applicable, but if the well drilled on the tract is located nearer to the boundary of the tract than the required minimum distance, the percentage may not exceed the percentage determined by dividing the distance from the well to the boundary by the minimum distance requirement. Within ten days after completion of the well, the maximum daily potential production of the well shall be determined by such drill stem, open flow, or other tests as may be required by the chief. The chief shall require such tests, at least once every three months, as are necessary to determine the maximum daily potential production at that time.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.30 | Reports to Holder of Royalty Interest.

Effective:
July 14, 1972
Latest Legislation:
Senate Bill 387 - 109th General Assembly
The holder of a royalty interest in any natural gas well may request the owner to report to him, no more frequently than the payment period in his contract with the owner:
(A) The volume of natural gas for which he was or is being paid for the most recent period in his contract with the owner, and for any other previous periods within two years of the date of production for which the owner has not already given him such a report;
(B) The price per thousand cubic feet paid to the holder for such gas;
(C) The volume of natural gas which was shown to have passed through the owner's meter for the field containing the holder's well.
The owner shall preserve records of such volume for at least two years after the date the record is made. Upon receipt by the owner or his agent of a request by the holder pursuant to this section, the owner shall supply the information to the holder within fifteen days, or the end of the current payment period in the contract, whichever is later.
If the holder's well is metered, the owner shall in such report also inform the holder of the volume of natural gas which was shown to have passed through such meter during the period.
The volume of gas required to be reported by this section shall be indicated on the basis of a standard cubic foot of gas.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.32 | Complaint Alleging Failure to Restore Disturbed Land Surfaces.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Any person adversely affected may file with the chief of the division of oil and gas resources management a written complaint alleging failure to restore disturbed land surfaces in violation of section 1509.072 or 1509.22 of the Revised Code or a rule adopted thereunder.
Upon receipt of a complaint, the chief shall cause an investigation to be made of the lands where the alleged violation has occurred and send copies of the investigation report to the person who filed the complaint and to the owner. Upon finding a violation the chief shall order the owner to eliminate the violation within a specified time. If the owner fails to eliminate the violation within the time specified, the chief may request the prosecuting attorney of the county in which the violation occurs or the attorney general to bring appropriate action to secure compliance with those sections. If the chief fails to bring an appropriate action to secure compliance with those sections within twenty days after the time specified, the person filing the complaint may request the prosecuting attorney of the county in which the violation occurs to bring an appropriate action to secure compliance with those sections. The division of oil and gas resources management may cooperate with any state or local agency to provide technical advice or minimum standards for the restoration of various soils and land surfaces or to assist in any investigation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.40 | Limitation on Production.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Except as provided in section 1509.29 of the Revised Code, no authority granted in this chapter shall be construed as authorizing a limitation on the amount that any well, leasehold, or field is permitted to produce under proration orders of the division of oil and gas resources management.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.41 | Anti-Trust Violations.

Effective:
October 15, 1965
Latest Legislation:
House Bill 234 - 106th General Assembly
No combination of persons or interests authorized by any provisions of Chapter 1509. of the Revised Code shall be construed to be a trust, monopoly, or other combination in restraint of trade prohibited by law.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.50 | Oil and Gas Regulatory Cost Recovery Assessment.

Effective:
January 1, 2020
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) An oil and gas regulatory cost recovery assessment is hereby imposed by this section on an owner. An owner shall pay the assessment in the same manner as a severer who is required to file a return under section 5749.06 of the Revised Code. However, an owner may designate a severer who shall pay the owner's assessment on behalf of the owner on the return that the severer is required to file under that section. If a severer so pays an owner's assessment, the severer may recoup from the owner the amount of the assessment. Except for an exempt domestic well, the assessment imposed shall be in addition to the taxes levied on the severance of oil and gas under section 5749.02 of the Revised Code.
(B) Except for an exempt domestic well, the oil and gas regulatory cost recovery assessment shall be calculated on a quarterly basis as follows:
(1) One-half of one cent per one thousand cubic feet of natural gas for all of the wells of the owner;
(2) Ten cents per barrel of oil for all of the wells of the owner.
(C) All money collected pursuant to this section shall be credited to the severance tax receipts fund. After the director of budget and management transfers money from the severance tax receipts fund as required in division (H) of section 5749.06 of the Revised Code, money in the severance tax receipts fund from amounts collected pursuant to this section shall be credited to the oil and gas well fund created in section 1509.02 of the Revised Code.
(D) Except for purposes of revenue distribution as specified in division (B) of section 5749.02 of the Revised Code, the oil and gas regulatory cost recovery assessment imposed by this section shall be treated the same and equivalent for all purposes as the taxes levied on the severance of oil and gas under that section. However, the assessment imposed by this section is not a tax under Chapter 5749. of the Revised Code.
Last updated April 30, 2021 at 3:34 PM
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.60 | Notice of Filing for Permit to Drill New Well.

Effective:
June 30, 2010
Latest Legislation:
Senate Bill 165 - 128th General Assembly
If the owner of a parcel of real property receives a notice concerning the filing of an application for a permit to drill a new well within an urbanized area as required by division (A)(9) of section 1509.06 of the Revised Code, the owner shall provide to each residence in an occupied dwelling that is located on the owner's parcel of real property, if any, a copy of that notice within five days of receipt of the notice.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.61 | Public Meeting Required Concerning Proposed Lease Agreements for Development of Oil and Gas Resources.

Effective:
June 30, 2010
Latest Legislation:
Senate Bill 165 - 128th General Assembly
(A) The legislative authority of a political subdivision shall conduct a public meeting concerning a proposed lease agreement for the development of oil and gas resources on land that is located in an urbanized area and that is owned by the political subdivision prior to entering into the lease agreement. The public meeting shall be conducted in a public venue in the municipal corporation or township in which the proposed well is to be located. The public meeting shall not occur at the same meeting at which the legislative authority of the political subdivision votes to enter into a proposed lease, if applicable.
The legislative authority of the political subdivision shall send notice not later than ten days prior to the date of the public meeting to the owner of each parcel of real property that is located within five hundred feet of the surface location of the property that is the subject of the proposed lease agreement. The notice shall contain a statement that the legislative authority of the political subdivision is considering entering into an oil or gas lease agreement, and provide the location, date, and time of the public meeting. In addition, the statement shall contain a statement that informs an owner of real property who is required to receive notice of the public meeting under this division that, within five days of receipt of the notice, the owner is required to provide notice under division (C) of this section to each residence in an occupied dwelling that is located on the owner's parcel of real property.
(B) The legislative authority of a political subdivision that is required to provide notice under division (A) of this section shall provide the notice in accordance with requirements established by the legislative authority governing public meetings that are held by the legislative authority.
(C) If the owner of a parcel of real property receives a notice under division (A) of this section, the owner shall provide to each residence in an occupied dwelling that is located on the owner's parcel of real property, if any, a copy of that notice within five days of receipt of the notice.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1509 | Division of Oil and Gas Resources Management - Oil and Gas › Section 1509.99 | Penalty.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
(A) Whoever violates sections 1509.01 to 1509.31 of the Revised Code or any rules adopted or orders or terms or conditions of a permit issued pursuant to these sections for which no specific penalty is provided in this section shall be fined not less than one hundred nor more than one thousand dollars for a first offense; for each subsequent offense the person shall be fined not less than two hundred nor more than two thousand dollars.
(B) Whoever violates section 1509.221 of the Revised Code or any rules adopted or orders or terms or conditions of a permit issued thereunder shall be fined not more than five thousand dollars for each violation.
(C) Whoever knowingly violates section 1509.072, division (A), (B), or (D) of section 1509.22, division (A)(1) or (C) of section 1509.222, or division (A) or (D) of section 1509.223 of the Revised Code or any rules adopted or orders issued under division (C) of section 1509.22 or rules adopted or orders or terms or conditions of a registration certificate issued under division (E) of section 1509.222 of the Revised Code shall be fined ten thousand dollars or imprisoned for six months, or both for a first offense; for each subsequent offense the person shall be fined twenty thousand dollars or imprisoned for two years, or both. Whoever negligently violates those divisions, sections, rules, orders, or terms or conditions of a registration certificate shall be fined not more than five thousand dollars.
(D) Whoever violates division (C) of section 1509.223 of the Revised Code shall be fined not more than five hundred dollars for a first offense and not more than one thousand dollars for a subsequent offense.
(E) The prosecuting attorney of the county in which the offense was committed or the attorney general may prosecute an action under this section.
(F) For purposes of this section, each day of violation constitutes a separate offense.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.01 | Oil and Natural Gas Marketing Program Definitions.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
As used in this chapter:
(A) "First purchaser" means:
(1) With regard to crude oil and condensate, the person to whom title first is transferred beyond the gathering tank or tanks, beyond the facility from which the crude oil was first produced, or both;
(2) With regard to natural gas, the person to whom title first is transferred beyond the inlet side of the measurement station from which the natural gas was first produced.
(B) "Producer" means a person who complies with all of the following:
(1) Produces oil or natural gas in this state;
(2) Derives a majority of income from ownership in properties producing oil or natural gas ;
(3) Is the owner of record for the respective wells from which assessments are levied under this chapter.
(C) "Independent producer" means a producer that is not engaged in refining either oil or natural gas.
(D) "Qualified independent producer association" means an association that complies with all of the following:
(1) It is in existence on December 18, 1997.
(2) It is organized and operating within this state.
(3) A majority of the members of its governing body are independent producers.
(E) "Technical advisory council" or "council" means the technical advisory council created in the division of oil and gas resources management under section 1509.38 of the Revised Code.
(F) "Condensate," "gas," "horizontal well," "oil," and "owner" have the same meanings as in section 1509.01 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.02 | Technical Advisory Council - Powers and Duties.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) In accordance with this chapter, the technical advisory council shall do all of the following:
(1) Establish procedures by which producers in this state may propose, develop, and operate a marketing program to do all of the following:
(a) Demonstrate to the general public the importance and economic significance of the oil and natural gas industry in this state;
(b) Encourage the wise and efficient use of energy;
(c) Promote environmentally sound production methods and technologies in the industry;
(d) Support research, training, and educational activities concerning the industry.
(2) Establish procedures necessary to implement and administer this chapter;
(3) Determine the eligibility of producers to participate in referendums and other procedures that may be required to establish a marketing program for oil and natural gas.
(B) The council may conduct business by a majority of those members voting without need of a quorum.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.03 | Authority of Marketing Program.

Effective:
December 18, 1997
Latest Legislation:
Senate Bill 46 - 122nd General Assembly
A marketing program that is established under this chapter may include authority to do at least all of the following:
(A) Carry out the purposes of the program identified in section 1510.02 of the Revised Code;
(B) Enter into contracts with qualified organizations, agencies, or individuals, or any combination thereof, to carry out those purposes;
(C) Contribute to any national or regional marketing program for oil and natural gas if the program is exclusively for the same purposes as the program established under this chapter.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.04 | Petition for Referendum to Establish a Marketing Program for Oil and Natural Gas or to Amend an Existing Program.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) (1) Producers in this state may present the technical advisory council with a petition signed by the lesser of one hundred or ten per cent of all such producers requesting that the council hold a referendum in accordance with section 1510.05 of the Revised Code to establish a marketing program for oil and natural gas.
(2) Producers in this state also may present the operating committee appointed under section 1510.06 of the Revised Code or the council with a petition signed by the lesser of one hundred or ten per cent of all such producers requesting that the council hold a referendum in accordance with section 1510.05 of the Revised Code to amend an existing marketing program. The council may request the operating committee to perform any administrative duty during the amendment process provided for under this chapter and the operating committee shall perform any such administrative duty.
(B) At the time of presentation of the petition to the council or committee under division (A) of this section, the petitioners also shall present the proposed program or amendment, which shall include all of the following:
(1) The rate of assessment to be made on the production of oil and natural gas in this state, which shall not exceed five cents per each gross barrel of oil and one cent per thousand cubic feet of natural gas;
(2) Terms, conditions, limitations, and other qualifications for assessment;
(3) Procedures to refund the assessment.
(C) Before the council makes a decision under this division to approve or disapprove a proposed program or amendment, the council or committee, as applicable, shall publish in at least two appropriate periodicals designated by the council a notice that the program or amendment has been proposed and informing interested persons of the procedures for submitting comments regarding the proposal. After publishing the notice, the council or committee shall provide interested persons with a copy of the proposed program or amendment and an opportunity to comment on the proposed program or amendment for thirty days after the publication of the notice. The petitioners may make changes to the proposed program or amendment based upon the comments received. The council or committee may make technical changes to the proposal to ensure compliance with this chapter. Subsequent to any changes made by the petitioners or any technical changes made by the council or committee to a proposed program or amendment, the council may approve or disapprove the proposed program or amendment.
(D) If the council approves the proposed program or amendment, with any changes made under division (C) of this section, the council shall hold a referendum in accordance with section 1510.05 of the Revised Code to establish a marketing program for oil and natural gas or to amend an existing program.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.05 | Procedure for Referendum.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) Not later than ninety days after the technical advisory council has approved a marketing program proposed under section 1510.04 of the Revised Code, or an amendment to such a program, the council shall determine by a referendum whether the eligible producers, as determined under division (A)(3) of section 1510.02 of the Revised Code, favor the proposed program or amendment. The council or committee shall cause a ballot request form to be published not less than thirty days before the beginning of the election period established under division (B) of this section in at least two appropriate periodicals designated by the council or committee and shall make the form available for reproduction to any qualified independent producer association.
(B) In a referendum held under this section, each eligible producer is entitled to one vote. The council or committee shall establish a three-day period during which eligible producers may vote either in person during normal business hours at polling places designated by the council or committee or by mailing a ballot to such a polling place. The council or committee shall send a mail-in ballot by first-class mail to any eligible producer who requests one by sending in the ballot request form provided for in division (A) of this section, by calling one of the polling places designated by the council or committee, or by any additional method that the council or committee may provide. A ballot that is returned by mail is not valid if it is postmarked later than the third day of the election period established by the council or committee.
(C) A marketing program or an amendment to a marketing program is favored by producers if a majority of the producers who vote in the referendum vote in favor of the program or amendment. If the producers who vote in the referendum do not favor the proposed program or amendment, the council shall not hold another referendum on the proposed program or amendment during the ten months following the close of the referendum at which the producers did not favor the proposed program or amendment.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.06 | Establishing Marketing Program.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) When the producers who vote in a referendum held under section 1510.05 of the Revised Code favor a proposed marketing program, the technical advisory council shall order the program established. The council shall appoint an operating committee consisting of thirteen members. Six of the members shall be independent producers and six of the members shall be primarily horizontal well operators. The council shall select those members from lists of names submitted by qualified independent producer associations. Each member who is a producer shall be at least twenty-five years old, have production in this state, and have at least five years of active experience in the oil and natural gas industry.
The thirteenth member shall be a member of an organization that represents farmers. The council shall select that member from a list submitted by such an organization.
Of the initial appointments made prior to the effective date of this amendment, the council shall appoint two members for terms of one year, two members for terms of two years, and three members for terms of three years. Thereafter, the council shall appoint each member for a three-year term unless the appointee is to fill a vacancy, in which case the appointee shall be appointed for the unexpired term. Each such subsequent appointment shall be made prior to the expiration date of the preceding or vacant term. The council shall not appoint any member of the operating committee to serve more than three successive full three-year terms.
Of the members who are primarily horizontal well operators who are appointed after the effective date of this amendment, the council shall appoint two members for terms of one year, two members for terms of two years, and two members for terms of three years. Thereafter, the council shall appoint each member for a three-year term unless the appointee is to fill a vacancy, in which case the appointee shall be appointed for the unexpired term. Each subsequent appointment shall be made prior to the expiration date of the preceding or vacant term. The council shall not appoint any member of the operating committee to serve more than three successive full three-year terms.
(B) Each member of the operating committee is entitled to actual and necessary travel and incidental expenses while attending meetings of the committee or while engaged in the performance of official responsibilities delegated to the committee.
(C) No person is liable in a civil action for any actions taken in good faith as a member or employee of an operating committee.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.07 | Council to Monitor Actions of Operating Committee.

Effective:
December 18, 1997
Latest Legislation:
Senate Bill 46 - 122nd General Assembly
The technical advisory council shall monitor the actions of an operating committee to ensure all of the following:
(A) A marketing program is self-supporting;
(B) The committee keeps all records that are required for agencies of the state;
(C) All program operations are in accord with both of the following:
(1) The provisions of the marketing program;
(2) This chapter and procedures established under it.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.09 | Fund for Marketing Program.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) There is hereby established a fund for any marketing program that is established by the technical advisory council under this chapter. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury. Except as authorized in division (B) of this section, all money collected pursuant to section 1510.08 of the Revised Code for the marketing program shall be paid into the fund for the marketing program and shall be disbursed only pursuant to a voucher signed by the chairperson of the council for use in defraying the costs of administration of the marketing program and for carrying out sections 1510.02, 1510.03, and 1510.11 of the Revised Code.
(B) In lieu of deposits in the fund established under division (A) of this section, the operating committee of a marketing program established under this chapter may deposit all money collected pursuant to section 1510.08 of the Revised Code with a bank as defined in section 1101.01 of the Revised Code. All money collected pursuant to section 1510.08 of the Revised Code for the marketing program and deposited pursuant to this division also shall be used only in defraying the costs of administration of the marketing program and for carrying out sections 1510.02, 1510.03, and 1510.11 of the Revised Code.
(C) The operating committee shall establish a fiscal year for its marketing program, shall publish an activity and financial report within sixty days of the end of each fiscal year, and shall make the report available to each producer who pays an assessment or otherwise contributes to the marketing program that the committee administers and to other interested persons.
(D) In addition to the report required by division (C) of this section, an operating committee that deposits money in accordance with division (B) of this section shall annually submit to the council a financial statement prepared by a certified public accountant holding valid certification from the Ohio board of accountancy issued pursuant to Chapter 4701. of the Revised Code. The operating committee shall file the financial statement with the council not more than one hundred fifty days after the end of each fiscal year.