To amend sections 1509.03, 1509.22, 1509.222, 1509.223, 1509.224, 1509.33, and 1509.99 and to repeal section 1509.226 of the Revised Code to expressly prohibit the surface application of brine from oil and gas wells on roads.
HB439 would amend Ohio’s oil and gas law to expressly prohibit the surface application of brine from oil and gas wells on roads and highways. The bill revises multiple sections of Chapter 1509 to remove references to road-surface brine application, tighten the rules governing brine storage, transport, treatment, and disposal, and repeal section 1509.226, which currently governs surface application. It also updates related enforcement and penalty provisions so that violations of the new prohibition and other brine-handling requirements are subject to civil and criminal penalties under the oil and gas code.
More broadly, the bill preserves the existing regulatory framework for brine disposal by injection, enhanced recovery, or other chief-approved methods, while making clear that road spreading is no longer an authorized disposal option. It also keeps in place registration, insurance, reporting, and disposal-plan requirements for brine transporters, and it maintains the chief’s authority to issue orders, inspect, and enforce compliance. The measure would therefore affect oil and gas operators, brine transporters, injection well owners, and local governments or road authorities that may have been involved in road-surface brine use.
HB439 would amend several provisions in Chapter 1509 of the Revised Code, primarily sections governing brine disposal and transportation from oil and gas operations. Its most direct legal effect is to prohibit the surface application of brine on roads or highways statewide and to repeal the statutory section that currently authorizes that practice. The bill also revises penalty provisions in sections 1509.33 and 1509.99 to ensure the new prohibition and related brine-handling violations are enforceable through civil penalties, fines, and in some cases criminal sanctions.
Based on the bill text and the limited context provided, the measure appears to be framed as a regulatory and public-safety bill rather than a controversial policy overhaul. The introduced version and committee referral suggest it is still early in the process, with no recorded votes or committee testimony available here. The overall tone of the bill is precautionary and enforcement-oriented, emphasizing environmental protection, road safety, and clearer compliance standards.
The main point of contention is likely the elimination of road-surface brine application, which may affect operators or local entities that have relied on brine for dust control or road maintenance. Supporters would likely view the change as necessary to prevent environmental harm and clarify that brine is an industrial waste stream, not a road treatment. Opponents may argue that the bill removes a low-cost road maintenance tool and could increase disposal costs for oil and gas operators. The bill also strengthens enforcement and penalties, which could draw concern from industry stakeholders over compliance burdens and liability exposure.