Ohio § 1509.222

§ 1509.222.

(A)(1) Except as provided in section 1509.226 of the Revised Code , 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) 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 of the Revised Code for protection of public health or safety or conservation of natural resources.