Ohio § 1509.226

§ 1509.226.

(A) If a board of county commissioners, a board of township trustees, or the legislative

authority of a municipal corporation wishes to permit the surface application of brine

to roads, streets, highways, and other similar land surfaces it owns or has the right

to control for control of dust or ice, it may adopt a resolution permitting such application

as provided in this section.  If a board or legislative authority does not adopt such a resolution, then no such

surface application of brine is permitted on such roads, streets, highways, and other

similar surfaces.  If a board or legislative authority votes on a proposed resolution to permit such

surface application of brine, but the resolution fails to receive the affirmative

vote of a majority of the board or legislative authority, the board or legislative

authority shall not adopt such a resolution for one year following the date on which

the vote was taken.  A board or legislative authority shall hold at least one public hearing on any proposal

to permit surface application of brine under this division and may hold additional

hearings.  The board or legislative authority shall publish notice of the time and place of

each such public hearing in a newspaper of general circulation in the political subdivision

at least five days before the day on which the hearing is to be held. (B) If a board or legislative authority adopts a resolution permitting the surface application

of brine to roads, streets, highways, and other similar land surfaces under division

(A) of this section, the board or legislative authority shall, within thirty days

after the adoption of the resolution, prepare and submit to the chief of the division

of oil and gas resources management a copy of the resolution.  Any department, agency, or instrumentality of this state or the United States that

wishes to permit the surface application of brine to roads, streets, highways, and

other similar land surfaces it owns or has a right to control shall prepare and submit

guidelines for such application, but need not adopt a resolution under division (A)

of this section permitting such surface application. All resolutions and guidelines shall be subject to the following standards: (1) Brine shall not be applied: (a) To a water-saturated surface; (b) Directly to vegetation near or adjacent to surfaces being treated; (c) Within twelve feet of structures crossing bodies of water or crossing drainage ditches; (d) Between sundown and sunrise, except for ice control. (2) The discharge of brine through the spreader bar shall stop when the application stops. (3) The applicator vehicle shall be moving at least five miles per hour at all times

while the brine is being applied. (4) The maximum spreader bar nozzle opening shall be three-quarters of an inch in diameter. (5) The maximum uniform application rate of brine shall be three thousand gallons per

mile on a twelve-foot-wide road or three gallons per sixty square feet on unpaved

lots. (6) The applicator vehicle discharge valve shall be closed between the brine collection

point and the specific surfaces that have been approved for brine application. (7) Any valves that provide for tank draining other than through the spreader bar shall

be closed during the brine application and transport. (8) The angle of discharge from the applicator vehicle spreader bar shall not be greater

than sixty degrees from the perpendicular to the unpaved surface. (9) Only the last twenty-five per cent of an applicator vehicle's contents shall be allowed

to have a pressure greater than atmospheric pressure;  therefore, the first seventy-five

per cent of the applicator vehicle's contents shall be discharged under atmospheric

pressure. (10) Only brine that is produced from a well that is not a horizontal well shall be allowed

to be spread on a road.  Fluids from the drilling of a well, flowback from the stimulation of a well, and

other fluids used to treat a well shall not be spread on a road. If a resolution or guidelines contain only the standards listed in divisions (B)(1)

to (10) of this section, without addition or qualification, the resolution or guidelines

shall be deemed effective when submitted to the chief without further action by the

chief.  All other resolutions and guidelines shall comply with and be no less stringent

than this chapter, rules concerning surface application that the chief shall adopt

under division (C) of section 1509.22 of the Revised Code , and other rules of the chief.  Within fifteen days after receiving such other resolutions and guidelines, the chief

shall review them for compliance with the law and rules and disapprove them if they

do not comply. The board, legislative authority, or department, agency, or instrumentality may revise

and resubmit any resolutions or guidelines that the chief disapproves after each disapproval,

and the chief shall again review and approve or disapprove them within fifteen days

after receiving them.  The board, legislative authority, or department, agency, or instrumentality may

amend any resolutions or guidelines previously approved by the chief and submit them,

as amended, to the chief.  The chief shall receive, review, and approve or disapprove the amended resolutions

or guidelines on the same basis and in the same time as original resolutions or guidelines.  The board, legislative authority, or department, agency, or instrumentality shall

not implement amended resolutions or guidelines until they are approved by the chief

under this division. (C) Any person, other than a political subdivision required to adopt a resolution under

division (A) of this section or a department, agency, or instrumentality of this state

or the United States, who owns or has a legal right or obligation to maintain a road,

street, highway, or other similar land surface may file with the board of county commissioners

a written plan for the application of brine to the road, street, highway, or other

surface.  The board need not approve any such plans, but if it approves a plan, the plan shall

comply with this chapter, rules adopted thereunder, and the board's resolutions, if

any.  Disapproved plans may be revised and resubmitted for the board's approval.  Approved plans may also be revised and submitted to the board.  A plan or revised plan shall do all of the following: (1) Identify the sources of brine to be used under the plan; (2) Identify by name, address, and registration certificate, if applicable, any transporters

of the brine; (3) Specifically identify the places to which the brine will be applied; (4) Specifically describe the method, rate, and frequency of application. (D) The board may attach terms and conditions to approval of a plan, or revised plan,

and may revoke approval for any violation of this chapter, rules adopted thereunder,

resolutions adopted by the board, or terms or conditions attached by the board.  The board shall conduct at least one public hearing before approving a plan or revised

plan, publishing notice of the time and place of each such public hearing in a newspaper

of general circulation in the county at least five days before the day on which the

hearing is to be held.  The board shall record the filings of all plans and revised plans in its journal.  The board shall approve, disapprove, or revoke approval of a plan or revised plan

by the adoption of a resolution.  Upon approval of a plan or revised plan, the board shall send a copy of the plan

to the chief.  Upon revoking approval of a plan or revised plan, the board shall notify the chief

of the revocation. (E) No person shall: (1) Apply brine to a water-saturated surface; (2) Apply brine directly to vegetation adjacent to the surface of roads, streets, highways,

and other surfaces to which brine may be applied. (F) Each political subdivision that adopts a resolution under divisions (A) and (B) of

this section, each department, agency, or instrumentality of this state or the United

States that submits guidelines under division (B) of this section, and each person

who files a plan under divisions (C) and (D) of this section shall, on or before the

fifteenth day of April of each year, file a report with the chief concerning brine

applied within the person's or governmental entity's jurisdiction, including the quantities

transported and the sources and application points during the last preceding calendar

year and such other information in such form as the chief requires. (G) Any political subdivision or department, agency, or instrumentality of this state

or the United States that applies brine under this section may do so with its own

personnel, vehicles, and equipment without registration under or compliance with section 1509.222 or 1509.223 of the Revised Code and without the necessity for filing the surety bond or other security required by section 1509.225 of the Revised Code .  However, each such entity shall legibly identify vehicles used to apply brine with

reflective paint in letters no less than four inches in height, indicating the word

“brine” and that the vehicle is a vehicle of the political subdivision, department,

agency, or instrumentality.  Except as stated in this division, such entities shall transport brine in accordance

with sections 1509.22 to 1509.226 of the Revised Code . (H) A surface application plan filed for approval under division (C) of this section

shall be accompanied by a nonrefundable fee of fifty dollars, which shall be credited

to the general fund of the county.  An approved plan is valid for one year from the date of its approval unless it is

revoked before that time.  An approved revised plan is valid for the remainder of the term of the plan it supersedes

unless it is revoked before that time.  Any person who has filed such a plan or revised plan and had it approved may renew

it by refiling it in accordance with divisions (C) and (D) of this section within

thirty days before any anniversary of the date on which the original plan was approved.  The board shall notify the chief of renewals and nonrenewals of plans.  Even if a renewed plan is approved under those divisions, the plan is not effective

until notice is received by the chief, and until notice is received, the chief shall

enforce this chapter and rules adopted thereunder with regard to the affected roads,

streets, highways, and other similar land surfaces as if the plan had not been renewed. (I) A resolution adopted under division (A) of this section by a board or legislative

authority shall be effective for one year following the date of its adoption and from

month to month thereafter until the board or legislative authority, by resolution,

terminates the authority granted in the original resolution.  The termination shall be effective not less than seven days after enactment of the

resolution, and a copy of the resolution shall be sent to the chief.