Ohio § 1509.221

§ 1509.221.

(A) No person, without first having obtained a permit from the chief of the division

of oil and gas resources management, shall drill a well or inject a substance into

a well for the exploration for or extraction of minerals or energy, other than oil

or natural gas, including, but not limited to, the mining of sulfur by the Frasch

process, the solution mining of minerals, the in situ combustion of fossil fuel, or

the recovery of geothermal energy to produce electric power, unless a rule of the

chief expressly authorizes the activity without a permit.  The permit shall be in addition to any permit required by section 1509.05 of the Revised Code .  The chief shall adopt rules in accordance with Chapter 119. of the Revised Code

governing the issuance of permits under this section.  The rules shall include provisions regarding the matters the applicant for a permit

shall demonstrate to establish eligibility for a permit;  the form and content of

applications for permits;  the terms and conditions of permits;  entry to conduct

inspections and to examine and copy records to ascertain compliance with this section

and rules, orders, and terms and conditions of permits adopted or issued thereunder;

 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 under this section, unless the chief concludes that the applicant has demonstrated

that the drilling, injection of a substance, and extraction of minerals or energy

will not result in the presence of any contaminant in underground 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.  The chief may issue, without a prior adjudication hearing, orders requiring compliance

with this section and rules, orders, and terms and conditions of permits adopted or

issued thereunder.  This section and rules, orders, and terms and conditions of permits adopted or issued

thereunder 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. (B) In an action under section 1509.04 or 1509.33 of the Revised Code to enforce this section, the court shall grant preliminary and permanent injunctive

relief and impose a civil penalty upon the showing that the person against whom the

action is brought has violated, is violating, or will violate this section or rules,

orders, or terms or conditions of permits adopted or issued thereunder.  The court shall not require, prior to granting such preliminary and permanent injunctive

relief or imposing a civil penalty, proof that the violation was, is, or will be the

result of intentional conduct or negligence.  In any such action, any person may intervene as a plaintiff upon the demonstration

that the person has an interest that is or may be adversely affected by the activity

for which injunctive relief or a civil penalty is sought.