Prohibit road surface application of brine from oil, gas wells

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 329

2025-2026

Senators Hicks-Hudson, Smith

To
amend sections 1509.03, 1509.22, 1509.222, 1509.223, 1509.224,
1509.33, and 1509.99 and to repeal section 1509.226 of the Revised
Code
to
expressly prohibit the surface application of brine from oil and gas
wells on roads.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1509.03, 1509.22, 1509.222, 1509.223, 1509.224, 1509.33, and
1509.99 of the Revised Code be amended to read as follows:

Sec.
1509.03.
(A)
The chief of the division of oil and gas resources management shall
adopt, rescind, and amend, in accordance with Chapter 119. of the
Revised Code, rules for the administration, implementation, and
enforcement of this chapter. The rules shall include an
identification of the subjects that the chief shall address when
attaching terms and conditions to a permit with respect to a well and
production facilities of a well that are located within an urbanized
area or with respect to a horizontal well and production facilities
associated with a horizontal well. The subjects shall include all of
the following:

(1)
Safety concerning the drilling or operation of a well;

(2)
Protection of the public and private water supply, including the
amount of water used and the source or sources of the water;

(3)
Fencing and screening of surface facilities of a well;

(4)
Containment and disposal of drilling and production wastes;

(5)
Construction of access roads for purposes of the drilling and
operation of a well;

(6)
Noise mitigation for purposes of the drilling of a well and the
operation of a well, excluding safety and maintenance operations.

No
person shall violate any rule of the chief adopted under this
chapter.

(B)(1)
Any order issuing, denying, or modifying a permit or notices required
to be made by the chief pursuant to this chapter shall be made in
compliance with Chapter 119. of the Revised Code, except that
personal service may be used in lieu of service by mail. Every order
issuing, denying, or modifying a permit under this chapter and
described as such shall be considered an adjudication order for
purposes of Chapter 119. of the Revised Code. Division (B)(1) of this
section does not apply to a permit issued under section 1509.06 of
the Revised Code.

(2)
Where notice to any person is required by this chapter, the notice
shall be given in order to meet the requirements of law.

(C)
The chief or the chief's authorized representative may at any time
enter upon lands, public or private, for the purpose of
administration or enforcement of this chapter, the rules adopted or
orders made thereunder, or terms or conditions of permits or
registration certificates issued thereunder and may examine and copy
records pertaining to the drilling, conversion, or operation of a
well for injection of fluids and logs required by division (C) of
section 1509.223 of the Revised Code. No person shall prevent or
hinder the chief or the chief's authorized representative in the
performance of official duties. If entry is prevented or hindered,
the chief or the chief's authorized representative may apply for, and
the court of common pleas may issue, an appropriate inspection
warrant necessary to achieve the purposes of this chapter within the
court's territorial jurisdiction.

(D)
The chief may issue orders to enforce this chapter, rules adopted
thereunder, and terms or conditions of permits issued thereunder. Any
such order shall be considered an adjudication order for the purposes
of Chapter 119. of the Revised Code. No person shall violate any
order of the chief issued under this chapter. No person shall violate
a term or condition of a permit or registration certificate issued
under this chapter.

(E)
Orders of the chief denying, suspending, or revoking a registration
certificate; approving or denying approval of an application for
revision of a registered transporter's plan for disposal; or to
implement, administer, or enforce division (A) of section 1509.224
and sections 1509.22, 1509.222, 1509.223,
and

1509.225
,
and 1509.226

of the Revised Code pertaining to the transportation of brine by
vehicle and the disposal of brine so transported are not adjudication
orders for purposes of Chapter 119. of the Revised Code. The chief
shall issue such orders under division (A) or (B) of section 1509.224
of the Revised Code, as appropriate.

Sec.
1509.22.
(A)
Except when acting in accordance with section 1509.226 of the Revised
Code, no
(A)(1)
No
person
shall place or cause to be placed in ground water or in or on the
land or discharge or cause to be discharged in surface water brine,
crude oil, natural gas, or other fluids associated with the
exploration, development, well stimulation, production operations, or
plugging of oil and gas resources that causes or could reasonably be
anticipated to cause damage or injury to public health or safety or
the environment.

(2)
No person shall apply brine on the surface of any road or highway in
this state.

(B)(1)
No person shall store or dispose of brine in violation of a plan
approved under division (A) of section 1509.222
or
section 1509.226
of
the Revised Code
,
in violation of a resolution submitted under section 1509.226 of the
Revised Code,

or in violation of rules or orders applicable to
those
plans or resolutions
that
plan
.

(2)(a)
On and after January 1, 2014, no person shall 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 this section or section 1509.06 or
1509.21 of the Revised Code or rules adopted under any of those
sections. For purposes of division (B)(2)(a) of this section, a
permit or other form of authorization issued by another agency of the
state or a political subdivision of the state shall not be considered
a permit or order issued by the chief of the division of oil and gas
resources management under this chapter.

(b)
Division (B)(2)(a) of this section does not apply to a person that
disposes of such waste substances other than brine in accordance with
Chapter 3734. of the Revised Code and rules adopted under it.

(C)
The chief shall adopt rules regarding storage, recycling, treatment,
processing, and disposal of brine and other waste substances.

However,
the chief shall not adopt any rules authorizing the surface
application of brine to roads or highways in this state.
The
rules shall establish procedures and requirements in accordance with
which a person shall apply for a permit or order for the storage,
recycling, treatment, processing, or disposal of brine and other
waste substances that are not subject to a permit issued under
section 1509.06 or 1509.21 of the Revised Code and in accordance with
which the chief may issue such a permit or order. An application for
such a permit shall be accompanied by a nonrefundable fee of two
thousand five hundred dollars.

The
storage, recycling, treatment, processing, and disposal of brine and
other waste substances and the chief's rules relating to storage,
recycling, treatment, processing, and disposal are subject to all of
the following standards:

(1)
Brine from any well except an exempt Mississippian well shall be
disposed of only as follows:

(a)
By injection into an underground formation, including annular
disposal if approved by rule of the chief, which injection shall be
subject to division (D) of this section;

(b)

By
surface application in accordance with section 1509.226 of the
Revised Code;

(c)

In
association with a method of enhanced recovery as provided in section
1509.21 of the Revised Code;

(d)

(c)

In
any other manner not specified in
divisions

division

(C)(1)(a)

to
(c)
or
(b)
of
this section that is approved by a permit or order issued by the
chief.

(2)
Brine from exempt Mississippian wells shall not be discharged
directly into the waters of the state.

(3)
Muds, cuttings, and other waste substances shall not be disposed of
in violation of this chapter or any rule adopted under it.

(4)
Pits or steel tanks shall be used as authorized by the chief for
containing brine and other waste substances resulting from, obtained
from, or produced in connection with drilling, well stimulation,
reworking, reconditioning, plugging back, or plugging operations. The
pits and steel tanks shall be constructed and maintained to prevent
the escape of brine and other waste substances.

(5)
A dike or pit may be used for spill prevention and control. A dike or
pit so used shall be constructed and maintained to prevent the escape
of brine and crude oil, and the reservoir within such a dike or pit
shall be kept reasonably free of brine, crude oil, and other waste
substances.

(6)
Impoundments constructed utilizing a synthetic liner pursuant to the
division's specifications may be used for the temporary storage of
waste substances used in the construction, stimulation, or plugging
of a well.

(7)
No pit or dike shall be used for the temporary storage of brine or
other waste substances except in accordance with divisions (C)(4) and
(5) of this section.

(8)
No pit or dike shall be used for the ultimate disposal of brine or
other liquid waste substances.

(D)(1)
No person, without first having obtained a permit from the chief,
shall inject brine or other waste substances resulting from, obtained
from, or produced in connection with oil or gas drilling,
exploration, or production into an underground formation unless a
rule of the chief expressly authorizes the injection without a
permit. The permit shall be in addition to any permit required by
section 1509.05 of the Revised Code, and the permit application shall
be accompanied by a permit fee of one thousand dollars. The chief
shall adopt rules in accordance with Chapter 119. of the Revised Code
regarding the injection into wells of brine and other waste
substances resulting from, obtained from, or produced in connection
with oil or gas drilling, exploration, or production. The rules shall
include provisions regarding all of the following:

(a)
Applications for and issuance of the permits required by this
division;

(b)
Entry to conduct inspections and to examine and copy records to
ascertain compliance with this division and rules, orders, and terms
and conditions of permits adopted or issued under it;

(c)
The provision and maintenance of information through monitoring,
recordkeeping, and reporting. In addition, the rules shall require
the owner of an injection well who has been issued a permit under
division (D) of this section to quarterly submit electronically to
the chief information concerning each shipment of brine or other
waste substances received by the owner for injection into the well.

(d)
The provision and electronic reporting quarterly of information
concerning brine and other waste substances from a transporter that
is registered under section 1509.222 of the Revised Code prior to the
injection of the transported brine or other waste substances;

(e)
Any other provisions in furtherance of the goals of this section and
the Safe Drinking Water Act.

(2)
The chief may adopt rules in accordance with Chapter 119. of the
Revised Code authorizing tests to evaluate whether fluids or carbon
dioxide may be injected in a reservoir and to determine the maximum
allowable injection pressure, which shall be conducted in accordance
with methods prescribed in the rules or in accordance with conditions
of the permit. In addition, the chief may adopt rules that do both of
the following:

(a)
Establish the total depth of a well for which a permit has been
applied for or issued under this division;

(b)
Establish requirements and procedures to protect public health and
safety.

(3)
To implement the goals of the Safe Drinking Water Act, the chief
shall not issue a permit for the injection of brine or other waste
substances resulting from, obtained from, or produced in connection
with oil or gas drilling, exploration, or production unless the chief
concludes that the applicant has demonstrated that the injection will
not result in the presence of any contaminant in ground water that
supplies or can reasonably be expected to supply any public water
system, such that the presence of the 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.

(4)
The chief may issue an order to the owner of a well in existence on
September 10, 2012, to make changes in the operation of the well in
order to correct problems or to address safety concerns.

(5)
This division and rules, orders, and terms and conditions of permits
adopted or issued under it 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.

(E)
The owner holding a permit, or an assignee or transferee who has
assumed the obligations and liabilities imposed by this chapter and
any rules adopted or orders issued under it pursuant to section
1509.31 of the Revised Code, and the operator of a well shall be
liable for a violation of this section or any rules adopted or orders
or terms or conditions of a permit issued under it.

(F)
An owner shall replace the water supply of the holder of an interest
in real property who obtains all or part of the holder's supply of
water for domestic, agricultural, industrial, or other legitimate use
from an underground or surface source where the supply has been
substantially disrupted by contamination, diminution, or interruption
proximately resulting from the owner's oil or gas operation, or the
owner may elect to compensate the holder of the interest in real
property for the difference between the fair market value of the
interest before the damage occurred to the water supply and the fair
market value after the damage occurred if the cost of replacing the
water supply exceeds this difference in fair market values. However,
during the pendency of any order issued under this division, the
owner shall obtain for the holder or shall reimburse the holder for
the reasonable cost of obtaining a water supply from the time of the
contamination, diminution, or interruption by the operation until the
owner has complied with an order of the chief for compliance with
this division or such an order has been revoked or otherwise becomes
not effective. If the owner elects to pay the difference in fair
market values, but the owner and the holder have not agreed on the
difference within thirty days after the chief issues an order for
compliance with this division, within ten days after the expiration
of that thirty-day period, the owner and the chief each shall appoint
an appraiser to determine the difference in fair market values,
except that the holder of the interest in real property may elect to
appoint and compensate the holder's own appraiser, in which case the
chief shall not appoint an appraiser. The two appraisers appointed
shall appoint a third appraiser, and within thirty days after the
appointment of the third appraiser, the three appraisers shall hold a
hearing to determine the difference in fair market values. Within ten
days after the hearing, the appraisers shall make their determination
by majority vote and issue their final determination of the
difference in fair market values. The chief shall accept a
determination of the difference in fair market values made by
agreement of the owner and holder or by appraisers under this
division and shall make and dissolve orders accordingly. This
division does not affect in any way the right of any person to
enforce or protect, under applicable law, the person's interest in
water resources affected by an oil or gas operation.

(G)
In any action brought by the state for a violation of division (A) of
this section involving any well at which annular disposal is used,
there shall be a rebuttable presumption available to the state that
the annular disposal caused the violation if the well is located
within a one-quarter-mile radius of the site of the violation.

(H)(1)
There is levied on the owner of an injection well who has been issued
a permit under division (D) of this section the following fees:

(a)
Five cents per barrel of each substance that is delivered to a well
to be injected in the well when the substance is produced within the
division of oil and gas resources management regulatory district in
which the well is located or within an adjoining oil and gas
resources management regulatory district;

(b)
Twenty cents per barrel of each substance that is delivered to a well
to be injected in the well when the substance is not produced within
the division of oil and gas resources management regulatory district
in which the well is located or within an adjoining oil and gas
resources management regulatory district.

(2)
The maximum number of barrels of substance per injection well in a
calendar year on which a fee may be levied under division (H) of this
section is five hundred thousand. If in a calendar year the owner of
an injection well receives more than five hundred thousand barrels of
substance to be injected in the owner's well and if the owner
receives at least one substance that is produced within the
division's regulatory district in which the well is located or within
an adjoining regulatory district and at least one substance that is
not produced within the division's regulatory district in which the
well is located or within an adjoining regulatory district, the fee
shall be calculated first on all of the barrels of substance that are
not produced within the division's regulatory district in which the
well is located or within an adjoining district at the rate
established in division
(H)(2)
(H)(1)(b)

of this section. The fee then shall be calculated on the barrels of
substance that are produced within the division's regulatory district
in which the well is located or within an adjoining district at the
rate established in division
(H)(1)
(H)(1)(a)

of this section until the maximum number of barrels established in
division (H)(2) of this section has been attained.

(3)
The owner of an injection well who is issued a permit under division
(D) of this section shall collect the fee levied by division (H) of
this section on behalf of the division of oil and gas resources
management and forward the fee to the division. The chief shall
transmit all money received under division (H) of this section to the
treasurer of state who shall deposit the money in the state treasury
to the credit of the oil and gas well fund created in section 1509.02
of the Revised Code. The owner of an injection well who collects the
fee levied by this division may retain up to three per cent of the
amount that is collected.

(4)
The chief shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing requirements and procedures for collection
of the fee levied by division (H) of this section.

Sec.
1509.222.
(A)(1)

Except
as provided in section 1509.226 of the Revised Code, no
No

person
shall transport brine by vehicle in this state unless the business
entity that employs the person first registers with and obtains a
registration certificate and identification number from the chief of
the division of oil and gas resources management.

(2)
No more than one registration certificate shall be required of any
business entity. Registration certificates issued under this section
are not transferable. An applicant shall file an application with the
chief, containing such information in such form as the chief
prescribes. The application shall include at least all of the
following:

(a)
A list that identifies each vehicle, vessel, railcar, and container
that will be used in the transportation of brine;

(b)
A plan for disposal that provides for compliance with the
requirements of this chapter and rules of the chief pertaining to the
transportation of brine by vehicle and the disposal of brine so
transported and that lists all disposal sites that the applicant
intends to use;

(c)
The bond required by section 1509.225 of the Revised Code;

(d)
A certificate issued by an insurance company authorized to do
business in this state certifying that the applicant has in force a
liability insurance policy in an amount not less than three hundred
thousand dollars bodily injury coverage and three hundred thousand
dollars property damage coverage to pay damages for injury to persons
or property caused by the collecting, handling, transportation, or
disposal of brine.

The
insurance policy required by division (A)(2)(d) of this section shall
be maintained in effect during the term of the registration
certificate. The policy or policies providing the coverage shall
require the insurance company to give notice to the chief if the
policy or policies lapse for any reason. Upon such termination of the
policy, the chief may suspend the registration certificate until
proper insurance coverage is obtained.

(3)
Each application for a registration certificate shall be accompanied
by a nonrefundable fee of fifty dollars.

(4)
If a business entity that has been issued a registration certificate
under this section changes its name due to a business reorganization
or merger, the business entity shall revise the bond or certificates
of deposit required by section 1509.225 of the Revised Code and
obtain a new certificate from an insurance company in accordance with
division
(A)(2)(e)
(A)(2)(d)

of this section to reflect the change in the name of the business
entity.

(B)
The chief shall issue an order denying an application for a
registration certificate if the chief finds that either of the
following applies:

(1)
The applicant, at the time of applying for the registration
certificate, has been found liable by a final nonappealable order of
a court of competent jurisdiction for damage to streets, roads,
highways, bridges, culverts, or drainways pursuant to section 4513.34
or 5577.12 of the Revised Code until the applicant provides the chief
with evidence of compliance with the order.

(2)
The applicant's plan for disposal does not provide for compliance
with the requirements of this chapter and rules of the chief
pertaining to the transportation of brine by vehicle and the disposal
of brine so transported.

(C)
No applicant shall attempt to circumvent division (B) of this section
by applying for a registration certificate under a different name or
business organization name, by transferring responsibility to another
person or entity, or by any similar act.

(D)
A registered transporter shall apply to revise a disposal plan under
procedures that the chief shall prescribe by rule. However, at a
minimum, an application for a revision shall list all sources and
disposal sites of brine currently transported. The chief shall deny
any application for a revision of a plan under this division if the
chief finds that the proposed revised plan does not provide for
compliance with the requirements of this chapter and rules of the
chief pertaining to the transportation of brine by vehicle and the
disposal of brine so transported. Approvals and denials of revisions
shall be by order of the chief.

(E)
The chief may adopt rules, issue orders, and attach terms and
conditions to registration certificates as may be necessary to
administer, implement, and enforce sections 1509.222 to
1509.226

1509.225

of
the Revised Code for protection of public health or safety or
conservation of natural resources.

Sec.
1509.223.
(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.

Sec.
1509.224.
(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,
or

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.

Sec.
1509.33.
(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 or
registration certificate issued pursuant to these sections for which
no specific penalty is provided in this section, shall pay a civil
penalty of not more than ten thousand dollars for each offense.

(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 pay a civil penalty of not more than ten thousand
dollars for each violation.

(C)
Whoever violates division (D) of section 1509.22 or division (A)(1)
of section 1509.222 of the Revised Code shall pay a civil penalty of
not less than two thousand five hundred dollars nor more than twenty
thousand dollars for each violation.

(D)
Whoever violates division
(A)

(A)(1)
or (2)
of
section 1509.22 of the Revised Code shall pay a civil penalty of not
less than two thousand five hundred dollars nor more than ten
thousand dollars for each violation.

(E)
Whoever violates division (A) of section 1509.223 of the Revised Code
shall pay a civil penalty of not more than ten thousand dollars for
each violation.

(F)
Whoever violates section 1509.072 of the Revised Code or any rules
adopted or orders issued to administer, implement, or enforce that
section shall pay a civil penalty of not more than five thousand
dollars for each violation.

(G)
In addition to any other penalties provided in this chapter, whoever
violates section 1509.05, section 1509.21, division (B) of section
1509.22, or division (A)(1) of section 1509.222 of the Revised Code
or a term or condition of a permit or an order issued by the chief of
the division of oil and gas resources management under this chapter
or knowingly violates division (A) of section 1509.223 of the Revised
Code is liable for any damage or injury caused by the violation and
for the actual cost of rectifying the violation and conditions caused
by the violation. If two or more persons knowingly violate one or
more of those divisions in connection with the same event, activity,
or transaction, they are jointly and severally liable under this
division.

(H)
The attorney general, upon the request of the chief of the division
of oil and gas resources management, shall commence an action under
this section against any person who violates sections 1509.01 to
1509.31 of the Revised Code, or any rules adopted or orders or terms
or conditions of a permit or registration certificate issued pursuant
to these sections. 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. The remedy provided in
this division is cumulative and concurrent with any other remedy
provided in this chapter, and the existence or exercise of one remedy
does not prevent the exercise of any other, except that no person
shall be subject to both a civil penalty under division (A), (B),
(C), or (D) of this section and a fine established in section 1509.99
of the Revised Code for the same offense.

(I)
For purposes of this section, each day of violation constitutes a
separate offense.

Sec.
1509.99.
(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)
(A)(1)
or (2)
,
(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.

Section
2.
That
existing sections 1509.03, 1509.22, 1509.222, 1509.223, 1509.224,
1509.33, and 1509.99 of the Revised Code are hereby repealed.

Section
3.
That
section 1509.226 of the Revised Code is hereby repealed.