Ohio § 1521.063

§ 1521.063.

(A) Except for the federal government, the owner of a dam, that is classified as a class

I, class II, or class III dam under rules adopted under section 1521.06 of the Revised Code and subject to section 1521.062 of the Revised Code shall pay an annual fee in accordance with the annual fee schedule established in

rules adopted under division (B) of this section.  The fee shall be paid to the division of water resources on or before the thirtieth

day of June of each year. All fees collected under this section shall be deposited in the dam safety fund created

in section 1521.06 of the Revised Code .  Any owner who fails to pay any annual fee required by this section within sixty

days after the due date shall be assessed a penalty of ten per cent of the annual

fee plus interest at the rate of one-half per cent per month from the due date until

the date of payment. There is hereby created the compliant dam discount program to be administered by the

chief of the division of water resources.  Under the program, the chief may reduce the amount of the annual fee that an owner

of a dam is required to pay in accordance with rules adopted by the chief under division

(B) of this section if the owner is in compliance with section 1521.062 of the Revised Code and has developed an emergency action plan pursuant to standards established in rules

adopted under this section.  The chief shall not discount an annual fee by more than twenty-five per cent of

the total annual fee that is due.  In addition, the chief shall not discount the annual fee that is due from the owner

of a dam who has been assessed a penalty under this section. (B)(1) The chief shall, in accordance with Chapter 119. of the Revised Code and subject

to the prior approval of the director of natural resources, adopt, and may amend or

rescind, rules for the collection of fees and the administration, implementation,

and enforcement of this section. (2) The chief shall, in accordance with Chapter 119. of the Revised Code, adopt rules

for the establishment of an annual fee schedule for purposes of this section. (3) The annual fee schedule must be based on the height of the dam, the linear foot length

of the dam, and the per-acre foot of volume of water impounded by the dam.  For purposes of this section, the height of a dam is the vertical height, to the

nearest foot, as determined by the division under section 1521.062 of the Revised Code . (C) No person, political subdivision, or state governmental agency shall violate or fail

to comply with this section or any rule or order adopted or issued under it. (D) As used in this section, “ political subdivision ” includes townships, municipal corporations, counties, school districts, municipal

universities, park districts, sanitary districts, and conservancy districts and subdivisions

thereof.