Read the full stored bill text
hb878_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 878
2025-2026
Representative Glassburn
Cosponsors: Representatives Brennan,
Click, Synenberg
To
amend section 6111.09 of the Revised Code
to
impose increased civil penalties for repeat violations of certain
rules pertaining to using, placing, or managing dredged material.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 6111.09 of the Revised Code be amended to read as follows:
Sec.
6111.09.
(A)
Any
(A)(1)
Except as provided in division (A)(2) of this section, any
person
who violates section 6111.07 of the Revised Code shall pay a civil
penalty of not more than ten thousand dollars per day of violation.
Any
(2)
Any person who violates section 6111.07 of the Revised Code when the
underlying offense is a violation of division (B) of section 6111.33
of the Revised Code shall pay a civil penalty of not more than ten
thousand dollars for a first violation and a civil penalty of not
more than thirty-seven thousand five hundred dollars for each
subsequent violation.
(3)
Any
person
who purposely violates section 6111.10 or 6111.11 of the Revised Code
shall pay a civil penalty of fifty dollars for a first violation and
a civil penalty of not more than five hundred dollars for each
subsequent violation occurring within twelve months of the first
violation.
(4)
The
attorney general, upon written request by the director of
environmental protection, shall commence an action under this section
against any person who violates section 6111.07 of the Revised Code.
The director shall notify in writing any person who is allegedly
selling or offering for sale a product in violation of section
6111.10 or 6111.11 of the Revised Code of the alleged specific
violation and shall request the person to remove the product from the
person's sales area. If at least ten days after providing that
notification the director determines that the person has failed to
remove the product from the person's sales area, the director in
writing shall request the attorney general to, and the attorney
general shall, commence an action under this section against the
person. Any action under this section is a civil action, governed by
the Rules of Civil Procedure and other rules of practice and
procedure applicable to civil actions.
(B)
One-half of the moneys collected as civil penalties under division
(A) of this section shall be credited to the environmental education
fund created in section 3745.22 of the Revised Code. The remainder of
the moneys so collected shall be credited to the water pollution
control administration fund, which is hereby created in the state
treasury. The water pollution control administration fund shall be
administered by the director. Moneys in the water pollution control
administration fund shall be used to supplement other moneys
available for the administration and enforcement of this chapter and
the rules adopted and terms and conditions of orders and permits
issued under it, including, without limitation, the issuance of
permits under it, and shall not be used to satisfy any state matching
fund requirements for the receipt of any federal grant funds.
The
director may expend not more than seven hundred fifty thousand
dollars of the moneys credited to the water pollution control
administration fund under this division in any fiscal year for the
purposes specified in this division. The director may request
authority from the controlling board to expend any moneys credited to
that fund in any fiscal year in excess of that amount.
Section
2.
That
existing section 6111.09 of the Revised Code is hereby repealed.