Ohio § 1509.08
Full text of Ohio Ohio Revised Code § 1509.08, with citation guidance and answers to common questions.
§ 1509.08.
Upon receipt of an application for a permit required by section 1509.05 of the Revised Code , or upon receipt of an application for a permit to plug and abandon under section 1509.13 of the Revised Code , the chief of the division of oil and gas resources management shall determine whether
the well is or is to be located in a coal bearing township. Whether or not the well is or is to be located in a coal bearing township, the chief,
by order, may refuse to issue a permit required by section 1509.05 of the Revised Code to any applicant who at the time of applying for the permit is in material or substantial
violation of this chapter or rules adopted or orders issued under it. The chief shall refuse to issue a permit to any applicant who at the time of applying
for the permit 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. No applicant shall attempt to circumvent this provision by applying for a permit
under a different name or business organization name, by transferring responsibility
to another person or entity, by abandoning the well or lease, or by any other similar
act. If the well is not or is not to be located in a coal bearing township, or if it is
to be located in a coal bearing township, but the landowner submits an affidavit attesting
to ownership of the property in fee simple, including the coal, and has no objection
to the well, the chief shall issue the permit. If the application to drill, reopen, or convert concerns a well that is or is to be
located in a coal bearing township, the chief shall transmit to the chief of the division
of mineral resources management two copies of the application and three copies of
the map required in section 1509.06 of the Revised Code , except that, when the affidavit with the waiver of objection described above is
submitted, the chief of the division of oil and gas resources management shall not
transmit the copies. The chief of the division of mineral resources management immediately shall notify
the owner or lessee of any affected mine that the application has been filed and send
to the owner or lessee two copies of the map accompanying the application setting
forth the location of the well. If the owner or lessee objects to the location of the well or objects to any location
within fifty feet of the original location as a possible site for relocation of the
well, the owner or lessee shall notify the chief of the division of mineral resources
management of the objection, giving the reasons for the objection and, if applicable,
indicating on a copy of the map the particular location or locations within fifty
feet of the original location to which the owner or lessee objects as a site for possible
relocation of the well, within six days after the receipt of the notice. If the chief receives no objections from the owner or lessee of the mine within
ten days after the receipt of the notice by the owner or lessee, or if in the opinion
of the chief the objections offered by the owner or lessee are not sufficiently well
founded, the chief immediately shall notify the owner or lessee of those findings. The owner or lessee may appeal the decision of the chief to the reclamation commission
under section 1513.13 of the Revised Code . The appeal shall be filed within fifteen days, notwithstanding provisions in divisions (A)(1) of section 1513.13 of the Revised Code to the contrary, from the date on which the owner or lessee receives the notice. If the appeal is not filed within that time, the chief immediately shall approve
the application, retain a copy of the application and map, and return a copy of the
application to the chief of the division of oil and gas resources management with
the approval noted on it. The chief of the division of oil and gas resources management then shall issue the
permit if the provisions of this chapter pertaining to the issuance of such a permit
have been complied with. If the chief of the division of mineral resources management receives an objection
from the owner or lessee of the mine as to the location of the well within ten days
after receipt of the notice by the owner or lessee, and if in the opinion of the chief
the objection is well founded, the chief shall disapprove the application and immediately
return it to the chief of the division of oil and gas resources management together
with the reasons for disapproval and a suggestion for a new location for the well,
provided that the suggested new location shall not be a location within fifty feet
of the original location to which the owner or lessee has objected as a site for possible
relocation of the well if the chief of the division of mineral resources management
has determined that the objection is well founded. The chief of the division of oil and gas resources management immediately shall
notify the applicant for the permit of the disapproval and any suggestion made by
the chief of the division of mineral resources management as to a new location for
the well. The applicant may withdraw the application or amend the application to drill the
well at the location suggested by the chief, or the applicant may appeal the disapproval
of the application by the chief to the reclamation commission. If the chief of the division of mineral resources management receives no objection
from the owner or lessee of a mine as to the location of the well, but does receive
an objection from the owner or lessee as to one or more locations within fifty feet
of the original location as possible sites for relocation of the well within ten days
after receipt of the notice by the owner or lessee, and if in the opinion of the chief
the objection is well founded, the chief nevertheless shall approve the application
and shall return it immediately to the chief of the division of oil and gas resources
management together with the reasons for disapproving any of the locations to which
the owner or lessee objects as possible sites for the relocation of the well. The chief of the division of oil and gas resources management then shall issue a
permit if the provisions of this chapter pertaining to the issuance of such a permit
have been complied with, incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location within fifty feet
of the original location that has been disapproved by the chief of the division of
mineral resources management. The applicant may appeal to the reclamation commission the terms and conditions
of the permit prohibiting the commencement of drilling at any such location disapproved
by the chief of the division of mineral resources management. Any such appeal shall be filed within fifteen days, notwithstanding provisions in division (A)(1) of section 1513.13 of the Revised Code to the contrary, from the date the applicant receives notice of the disapproval of
the application, any other location within fifty feet of the original location, or
terms or conditions of the permit, or the owner or lessee receives notice of the chief's
decision. No approval or disapproval of an application shall be delayed by the chief of the
division of mineral resources management for more than fifteen days from the date
of sending the notice of the application to the mine owner or lessee as required by
this section. All appeals provided for in this section shall be treated as expedited appeals. The reclamation commission shall hear any such appeal in accordance with section 1513.13 of the Revised Code and issue a decision within thirty days of the filing of the notice of appeal. The chief of the division of oil and gas resources management shall not issue a permit
to drill a new well or reopen a well that is or is to be located within three hundred
feet of any opening of any mine used as a means of ingress, egress, or ventilation
for persons employed in the mine, nor within one hundred feet of any building or inflammable
structure connected with the mine and actually used as a part of the operating equipment
of the mine, unless the chief of the division of mineral resources management determines
that life or property will not be endangered by drilling and operating the well in
that location. The chief of the division of mineral resources management may suspend the drilling
or reopening of a well in a coal bearing township after determining that the drilling
or reopening activities present an imminent and substantial threat to public health
or safety or to miners' health or safety and having been unable to contact the chief
of the division of oil and gas resources management to request an order of suspension
under section 1509.06 of the Revised Code . Before issuing a suspension order for that purpose, the chief of the division of
mineral resources management shall notify the owner in a manner that in the chief's
judgment would provide reasonable notification that the chief intends to issue a suspension
order. The chief may issue such an order without prior notification if reasonable attempts
to notify the owner have failed, but in that event notification shall be given as
soon thereafter as practical. Within five calendar days after the issuance of the order, the chief shall provide
the owner an opportunity to be heard and to present evidence that the activities do
not present an imminent and substantial threat to public health or safety or to miners'
health or safety. If, after considering the evidence presented by the owner, the chief determines
that the activities do not present such a threat, the chief shall revoke the suspension
order. An owner may appeal a suspension order issued by the chief of the division of mineral
resources management under this section to the reclamation commission in accordance
with section 1513.13 of the Revised Code or may appeal the order directly to the court of common pleas of the county in which
the well is located.
Frequently Asked Questions About Ohio § 1509.08
What does Ohio Revised Code § 1509.08 cover?
Section 1509.08 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1509.08?
A common citation format is "Ohio Revised Code § 1509.08" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1509.08 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.