Ohio Revised Code Search

...(A) The owner or operator of a facility who is applying for a withdrawal and consumptive use permit shall submit to the chief of the division of water resources a facility water conservation plan that incorporates environmentally sound and economically feasible water conservation measures in accordance with Section 4.11.3 of the compact. If the plan reasonably incorporates environmentally sound and economically feasi...

...The chief of the division of water resources, on the chief's own initiative or upon written complaint by any person, may investigate or make inquiries into any alleged failure to comply with this chapter, any rule adopted under it, any order issued under it, or the terms and conditions of a permit issued under it. The chief or the chief's duly authorized representative may enter at reasonable times on any private or ...

...(A) The chief of the division of water resources may require a permittee that has been issued a permit under section 1522.12 of the Revised Code to decrease its withdrawal and submit a revised ground water model under section 1522.124 of the Revised Code if either of the following applies: (1) The reported ground water monitoring data conflicts with the permittee's ground water model. (2) The results of the divis...

...(A) The chief of the division of water resources may issue an order of compliance to a person if the chief determines one of the following: (1) That the person has violated, is violating, or is threatening to violate any provisions of this chapter, rules adopted under it, or a permit or order issued under it; (2) That the continued withdrawal or consumptive use of water under a permit issued to the person under s...

...) If the court finds that the order was lawful and reasonable, it shall issue a written order affirming the order. If the court finds that the order was unreasonable or unlawful, it shall issue a written order vacating or modifying the order. The judgment of the court is final unless reversed, vacated, or modified on appeal. (4) A court shall not award attorney's fees to any party to an administrative or legal proc...

...The chief of the division of water resources shall provide written notice to the director of environmental protection and the permittee at least ten business days prior to requiring a permittee that is a public water system to decrease its withdrawal, or prior to revoking, suspending, or amending the public water system's permit under this chapter. Nothing in this section affects a public water system's obligation to...

...(A) An owner of real property that is located within the geographic area established under section 1522.125 of the Revised Code with respect to a permit issued under section 1522.12 of the Revised Code may submit a written complaint to the permittee or to the chief of the division of water resources informing the permittee or the chief that there is a diminution or interruption of the owner's water supply if both of ...

...(A) An owner of real property that is located outside the geographic area established under section 1522.125 of the Revised Code with respect to a permit issued under section 1522.12 of the Revised Code may submit a written complaint to the permittee or to the chief of the division of water resources if both of the following apply: (1) The owner obtains all or part of the owner's water supply for domestic, agricult...

...(A) No person shall violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it. (B)(1) The attorney general, upon written request of the chief of the division of water resources, shall bring an action for an injunction or other appropriate legal or equitable action against any person who has violated, is violating, or is threatening to v...

...corporation for profit formed under the laws of this state. (B) "Foreign corporation" means a corporation for profit formed under the laws of another state, and "foreign entity" means an entity formed under the laws of another state. (C) "State" means the United States; any state, territory, insular possession, or other political subdivision of the United States, including the District of Columbia; any foreign co...

...the articles, the regulations, or the bylaws of a corporation, or a resolution of its shareholders or directors, the day on which the notice is given shall be excluded, and the day when the act for which notice is given is to be done shall be included, unless the instrument calling for the notice otherwise provides. If notice is permitted to be given by mail, the notice shall be deemed to have been given when deposit...

...ation of purposes for which individuals lawfully may associate themselves, except that, if the Revised Code contains special provisions pertaining to the formation of any designated type of corporation other than a professional association, as defined in section 1785.01 of the Revised Code, a corporation of that type shall be formed in accordance with the special provisions. (2) The purpose for which a corporation...

...apter. (C) A written appointment of a statutory agent for the purposes set forth in section 1701.07 of the Revised Code shall be filed with the articles, unless the corporation belongs to one of the classes mentioned in division (N) of that section. (D) The legal existence of the corporation begins upon the filing of the articles or on a later date specified in the articles that is not more than ninety days after...

...(A) As used in this section, "critical infrastructure," "disaster response period," "disaster work," a nd "qualifying employee" have the same meanings as in section 5703.94 of the Revised Code. (B) No person shall be required to file articles of incorporation or any other documents or applications with the secretary of state as established in sections 111.16, 1329.01, 1701.04, or elsewhere in the Revised Code or ot...

...(A) Except as provided in this section, and in sections 1701.75, 1701.78, and 1701.82 of the Revised Code, which sections relate to the reorganization, merger, and consolidation of corporations, the corporate name of a domestic corporation shall comply with all of the following: (1) It shall end with or include the word or abbreviation "company," "co.," "corporation," "corp.," "incorporated," or "inc." (2) It s...

...denied, except as otherwise required by law; (6) Pre-emptive rights, or the denial or limitation of them; (7) Conversion rights; (8) Restrictions on the issuance of shares; (9) Rights of alteration of express terms; (10) The division of any class of shares into series; (11) The designation and authorized number of shares of each series; (12) The right of the directors, subject to any limitations that may be st...

...(A) When articles of incorporation and other certificates relating to the corporation are submitted to the secretary of state, the secretary of state shall, after finding that they comply with the provisions of sections 1701.01 to 1701.98 of the Revised Code, accept the articles and other certificates for filing and make a copy of the articles and other certificates by microfilm or by any authorized photostatic or di...

...med or attempted to be formed under the laws of this state then in effect to file in the office of the secretary of state a certificate of subscription required by those laws to be filed does not make the existence of the corporation or any of its acts subject to question.

...(A) After incorporation, all of the following apply: (1) If the initial directors are named in the articles, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by receiving subscriptions, appointing officers, adopting regulations, and carrying on any other business brought before the meeting. (2) If the initial dire...

...ement of its property, consistent with law and the articles, may be adopted, amended, or repealed in any of the following ways: (a) Within ninety days after the corporation is formed, by the directors in accordance with division (A)(1) of section 1701.10 of the Revised Code; (b) By the shareholders at a meeting held for that purpose, by the affirmative vote of the holders of shares entitling them to exercise...

...If an initial stated capital is set forth in its articles and a corporation commences business before there has been paid in the amount of that initial stated capital, no corporate transaction shall be invalidated thereby, but incorporators participating in such transaction before the election of directors, and directors participating therein, shall be jointly and severally liable for the debts of the corporation up ...

...rnment, a corporation may transact any lawful business in aid of national defense or in the prosecution of any war in which the nation is engaged. (D) Unless otherwise provided in the articles, a corporation may take property of any description, or any interest in property, by gift, devise, or bequest, and may make donations for the public welfare or for charitable, scientific, or educational purposes. (E)(1)...

...Except as otherwise provided by law, the articles, or the regulations, the directors of a corporation may: (A) Determine the time when, the terms under which, and the considerations for which the corporation issues, disposes of, or receives subscriptions for, its shares, including treasury shares; (B) Determine, subject to the limitations provided in section 1701.35 of the Revised Code in the case of purchase of sh...

...(A) The shareholders of a corporation do not have a pre-emptive right to acquire the corporation's unissued shares except to the extent the articles so provide. If the articles provide that the holders of the shares of any class, other than shares that are limited as to dividend or distribution rate and liquidation price, have pre-emptive rights, those holders, upon the offering or sale for cash of shares of the same...

... may contain any terms not repugnant to law for the protection of the holders of the options, including, but not limited to, the following: (a) Restrictions upon the authorization or issuance of additional shares; (b) Provisions for the adjustment of the option price; (c) Provisions concerning rights in the event of reorganization, merger, consolidation, or sale of the entire assets of the corporation; (d) Provis...

...Whenever a political subdivision has started proceedings under section 133.54 of the Revised Code to reassess any original assessment installments against any lot or parcel of land, and there is pending, or prior to the cancellation of the original assessment installments there is commenced, a suit in any manner involving the lien of such original assessment or assessment installments, the lien of any such reassessme...

...(A) As used in this section and in section 133.61 of the Revised Code: (1) "Agricultural easement" has the same meaning as in section 5301.67 of the Revised Code. (2) "Bonds" means notes or bonds. (B) The board of county commissioners of a county may issue bonds for the purpose of acquiring agricultural easements. The issuance of the bonds is subject to this chapter, except that their maturity shall not extend bey...

...The legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township may issue general obligation bonds for the purpose of acquiring agricultural easements. The bonds shall be issued in the manner provided in section 133.18 of the Revised Code and pursuant to this chapter. All moneys raised by the issuance of bonds under this section, after paym...

...g into of the public obligation, is not lawful or they have not been duly authorized, the attorney may enter an appearance for the county, or the state in the case of the attorney general, and assert any defense to the complaint that the attorney considers proper. The attorney may enter an appearance and assert any support for the complaint that the attorney considers proper. (G) The clerk of the court in which the ...

...Whoever violates division (C) of section 133.33 of the Revised Code is guilty of a misdemeanor of the first degree.

...'s administrator of the great lakes-st. Lawrence river basin water resources compact. The governor shall appoint the director of natural resources as the governor's alternate for purposes of attending all meetings of the great lakes-st. Lawrence river basin water resources council and voting on matters before the council in the governor's absence. The governor shall do all of the following as administrator: (...

... and enforcement of the great lakes-st. Lawrence river basin water resources compact; (B) Enforce the great lakes-st. Lawrence river basin water resources compact and take appropriate actions to effectuate its purposes and intent; (C) Adopt rules in accordance with Chapter 119. of the Revised Code for the development, implementation, administration, and enforcement of any permit program established under this chapt...

...1 of the compact and Ohio's respective statutory authority and procedures. (B) No regulation duly adopted as provided for in Section 3.1 of the compact that amends or revises the standard of review and decision as set forth in the compact may be adopted by the director of natural resources unless the regulation is first approved by the general assembly in the same manner as a statutory enactment.

...t to Section 9.2 of the great lakes-st. Lawrence river basin water resources compact, the governor may take such actions as are necessary for the initial organization and operation of the great lakes-st. Lawrence river basin water resources council created in Section 2.1 of the compact. Agencies of the state are hereby authorized to cooperate with the council. The chief of the division of water resources shall adopt...

...is produced within the great lakes-st. Lawrence river basin and packaged and intended for intermediate or end-use consumers, whether distributed inside or outside the basin, is a consumptive use and does not constitute a diversion for purposes of the great lakes-st. Lawrence river basin water resources compact. A proposal to withdraw water and remove it from the basin in a container greater than five and seven...

...t the enactment of the great lakes-st. Lawrence river basin water resources compact and its implementation in this state do not and shall not in any manner abrogate any private property rights established under the Revised Code or the common law of this state. In addition, it is the intent and understanding of the general assembly that the enactment of the great lakes-st. Lawrence river basin water resources c...

... of Section 4.12 of the great lakes-st. Lawrence river basin water resources compact by the department of natural resources and submitted to the great lakes-st. Lawrence river basin water resources council on December 8, 2009. (D) "Capacity" means the ability of a facility's pumps, pipes, and other appurtenances to withdraw water presented in terms of withdrawal capacity, treatment capacity, distribution capacity, ...

...For purposes of sections 1522.10 to 1522.30 of the Revised Code, a reference to source watershed or the Lake Erie source watershed means the Lake Erie watershed considered as a whole.

...(A) No person shall install or operate a facility or equipment that results in a new or increased diversion of any water out of the Lake Erie watershed to another watershed without first obtaining a permit to do so issued by the chief of the division of water resources. An application for such a permit shall be submitted to the chief on a form that the chief prescribes. An application shall be accompanied by a nonref...

...(A) For purposes of the compact, the owner or operator of a facility within the Lake Erie watershed that is not otherwise exempt under section 1522.14 of the Revised Code shall obtain a withdrawal and consumptive use permit from the chief of the division of water resources if the facility meets any of the following threshold criteria: (1) The facility has a new or increased capacity for withdrawals or consumptive u...

...Along with an application for a permit submitted under section 1522.12 of the Revised Code, an applicant that proposes to withdraw ground water shall submit data in a form prescribed by the chief of the division of water resources that includes all of the following: (A) A hydrologic map consisting of a single map using the most recent USGS 7.5 minute topographic maps at a scale of 1:24,000 as a base or other approv...

...An applicant shall show all of the following on the hydrologic map required under division (A) of section 1522.121 of the Revised Code: (A) The proposed withdrawal area; (B) The hydrologic study area; (C) A line delineating the location of the cross sections required under division (E) of section 1522.123 of the Revised Code; (D) The location of and assigned identification number for the selected water supply...

...An applicant shall include all of the following with the hydrogeologic description required under division (B) of section 1522.121 of the Revised Code: (A) A detailed description of the geology within the proposed withdrawal and hydrologic study area down to the lowest level of any aquifer from which water is proposed to be withdrawn. The description must include the areal and structural geology of the withdrawal a...

...(A) An applicant shall ensure that both of the following apply to the steady state ground water model required under division (C) of section 1522.121 of the Revised Code: (1) It accurately reflects the ground water flow conditions associated with the hydrologic study area and is consistent with American society for testing and materials international standards. (2) It is in the form of a three-dimensional ground ...

...The chief of the division of water resources shall use the data submitted under sections 1522.121 to 1522.124 of the Revised Code to establish the geographic area defined by the ten-foot contour line of the projected cone of depression for any approved application for the withdrawal of ground water. However, the chief may designate a different contour line based upon water resource availability, seasonal variations, ...

...idly established and existing under the laws of this state as of December 8, 2008, including, but not limited to, sections 1506.10 and 1521.17 of the Revised Code, or to limit a person's right to the reasonable use of ground water, water in a lake, or any other watercourse in contravention of Section 19b of Article I, Ohio Constitution.

...(A) To encourage the development of innovative water use practices and technologies that ensure sustainable water use for industrial, commercial, residential, agricultural, or public purposes, including recreational and cultural resources, as a means to facilitate sustainable economic growth and job creation, the chief of the division of water resources, with the approval of the director of natural resources, may iss...

...The following are exempt from the requirement to obtain a withdrawal and consumptive use permit: (A) A facility or proposed facility that has a withdrawal and consumptive use capacity or proposed capacity below the threshold amounts established in divisions (A)(1) to (3) of section 1522.12 of the Revised Code; (B) A facility that has a new or increased withdrawal capacity above an applicable threshold amount esta...

...(A)(1) Transfer of a withdrawal and consumptive use permit upon the sale or transfer of a facility may occur so long as the location of the facility, the source of water, and the withdrawal and consumptive use capacities do not change. Transfer of the baseline withdrawal and consumptive use capacity of a baseline facility upon the sale or transfer of the baseline facility may occur so long as the location of the faci...

...(A)(1) The owner or operator of a facility may petition the chief of the division of water resources for either of the following: (a) Inclusion in the baseline report if the owner or operator believes that the facility was erroneously excluded from the report; (b) The amendment of the amount of a withdrawal and consumptive use or other information included in the baseline report regarding the facility if the owner ...