HB 878

As Introduced
136th General Assembly
   Regular Session  H. B. No. 878
       2025-2026
  Representative Glassburn
  Cosponsors: Representatives Brennan, Click, Synenberg
  To amend section 6111.09 of the Revised Code to  1
  impose increased civil penalties for repeat  2
  violations of certain rules pertaining to using,  3
  placing, or managing dredged material.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 6111.09 of the Revised Code be  5
amended to read as follows:  6
     Sec. 6111.09. (A) Any (A)(1) Except as provided in  7
division (A)(2) of this section, any person who violates section        8
6111.07 of the Revised Code shall pay a civil penalty of not  9
more than ten thousand dollars per day of violation. Any  10
     (2) Any person who violates section 6111.07 of the Revised  11
Code when the underlying offense is a violation of division (B)  12
of section 6111.33 of the Revised Code shall pay a civil penalty        13
of not more than ten thousand dollars for a first violation and  14
a civil penalty of not more than thirty-seven thousand five  15
hundred dollars for each subsequent violation.  16
     (3) Any person who purposely violates section 6111.10 or  17
6111.11 of the Revised Code shall pay a civil penalty of fifty  18
dollars for a first violation and a civil penalty of not more  19
H. B. No. 878  Page 2
As Introduced
than five hundred dollars for each subsequent violation  20
occurring within twelve months of the first violation.  21
       (4) The attorney general, upon written request by the  22
director of environmental protection, shall commence an action  23
under this section against any person who violates section  24
6111.07 of the Revised Code. The director shall notify in  25
writing any person who is allegedly selling or offering for sale  26
a product in violation of section 6111.10 or 6111.11 of the  27
Revised Code of the alleged specific violation and shall request  28
the person to remove the product from the person's sales area.  29
If at least ten days after providing that notification the  30
director determines that the person has failed to remove the  31
product from the person's sales area, the director in writing  32
shall request the attorney general to, and the attorney general  33
shall, commence an action under this section against the person.  34
Any action under this section is a civil action, governed by the  35
Rules of Civil Procedure and other rules of practice and  36
procedure applicable to civil actions.  37
       (B) One-half of the moneys collected as civil penalties  38
under division (A) of this section shall be credited to the  39
environmental education fund created in section 3745.22 of the  40
Revised Code. The remainder of the moneys so collected shall be  41
credited to the water pollution control administration fund,  42
which is hereby created in the state treasury. The water  43
pollution control administration fund shall be administered by  44
the director. Moneys in the water pollution control  45
administration fund shall be used to supplement other moneys  46
available for the administration and enforcement of this chapter  47
and the rules adopted and terms and conditions of orders and  48
permits issued under it, including, without limitation, the  49
issuance of permits under it, and shall not be used to satisfy  50
H. B. No. 878  Page 3
As Introduced
any state matching fund requirements for the receipt of any  51
federal grant funds.  52
       The director may expend not more than seven hundred fifty  53
thousand dollars of the moneys credited to the water pollution  54
control administration fund under this division in any fiscal  55
year for the purposes specified in this division. The director  56
may request authority from the controlling board to expend any  57
moneys credited to that fund in any fiscal year in excess of  58
that amount.  59
       Section 2. That existing section 6111.09 of the Revised  60
Code is hereby repealed.  61