Ohio Code § 1509.221
Ohio Code § 1509.221. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1509.221
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1509.221 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1509.221 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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