1521.063 Annual inspection fee.

(A) Except for the federal government, the owner of any dam subject to section 1521.062 of the Revised Code shall pay an annual fee, based upon the height of the dam, to the division of water on or before June 30, 1988, and on or before the thirtieth day of June of each succeeding year. The annual fee shall be as follows until otherwise provided by rules adopted under this section:

(1) For any dam classified as a class I dam under rules adopted by the chief of the division of water under section 1521.06 of the Revised Code, thirty dollars plus ten dollars per foot of height of dam;

(2) For any dam classified as a class II dam under those rules, thirty dollars plus one dollar per foot of height of dam;

(3) For any dam classified as a class III dam under those rules, thirty dollars.

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. 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.

(B) The chief shall, in accordance with Chapter 119. of the Revised Code, adopt, and may amend or rescind, rules for the collection of fees and the administration, implementation, and enforcement of this section and for the establishment of an annual fee schedule in lieu of the schedule established under division (A) of this section.

(C)(1) 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.

(2) The attorney general, upon written request of the chief, may commence an action against any such violator. Any action under division (C)(2) of this section is a civil action.

(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.

Effective Date: 09-26-2003