As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 321  5            

      1997-1998                                                    6            


REPRESENTATIVES HOUSEHOLDER-HAINES-TERWILLEGER-VAN VYVEN-TIBERI-   8            

       CAREY-CLANCY-GARCIA-JACOBSON-JOHNSON-KREBS-METZGER-         9            

    OGG-PADGETT-PRINGLE-REID-SAWYER-SCHULER-STAPLETON-SULZER-      10           

                         THOMPSON-WILSON                           11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 3745.11, 6103.22, 6109.01,          15           

                6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and   16           

                6121.06 and to enact sections 6109.22, 6109.23,    17           

                and 6109.24 of the Revised Code to authorize the   18           

                Director of Environmental Protection to develop                 

                and implement a drinking water assistance loan     19           

                program consistent with the federal Safe Drinking  20           

                Water Act Amendments of 1996 and to receive and    21           

                disburse federal capitalization grant moneys for                

                the purposes of that program, and to make other    22           

                changes in the state's safe drinking water         23           

                program in accordance with that act.                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 3745.11, 6103.22, 6109.01,         27           

6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 be        28           

amended and sections 6109.22, 6109.23, and 6109.24 of the Revised  29           

Code be enacted to read as follows:                                30           

      Sec. 3745.11.  (A)  Applicants for and holders of permits,   39           

licenses, variances, plan approvals, and certifications issued by  40           

the director of environmental protection pursuant to Chapters      41           

3704., 3734., 6109., and 6111. of the Revised Code shall pay a     42           

fee to the environmental protection agency for each such issuance  43           

and each application for an issuance as provided by this section.  44           

                                                          2      

                                                                 
No fee shall be charged for any issuance for which no application  45           

has been submitted to the director.                                46           

      (B)  Prior to January 1, 1994, each person issued a permit   48           

to operate, variance, or permit to install under section 3704.03   49           

of the Revised Code shall pay the fees specified in the following  50           

schedule:                                                          51           

      (1)  Fuel-Burning Equipment                                  53           

Input capacity                                                     55           

(million British     Permit                            Permit      56           

thermal units          to                                to        58           

per hour)           operate          Variance         install      61           

0 or more, but                                                     64           

   less than 10        $ 75              $225           $ 100                   

10 or more, but                                                    65           

   less than 100        210               450             390                   

100 or more, but                                                   66           

   less than 300        270               675             585                   

300 or more, but                                                   67           

   less than 500        330               900             780                   

500 or more             500               975            1000      68           

      Any fuel-burning equipment using only natural gas, propane,  71           

liquefied petroleum gas, or number two or lighter fuel oil shall   72           

be assessed a fee one-half of that shown.                          73           

      (2)  Incinerators                                            75           

Input capacity       Permit                            Permit      78           

(pounds per            to                                to        80           

hour)               operate          VARIANCE         install      84           

0 to 50                $ 50              $225           $  65      87           

51 to 500               210               450             390      88           

501 to 2000             270               675             585      89           

2001 to 30,000          330               900             780      90           

more than 30,000        500               975            1000      91           

      (3)  Process                                                 94           

Process weight       Permit                            Permit      97           

                                                          3      

                                                                 
     rate              to                                to        98           

(pounds per hour)   operate          Variance         install      101          

0 to 1000              $100              $225           $ 200      104          

1001 to 5000            210               450             390      105          

5001 to 10,000          270               675             585      106          

10,001 to 50,000        330               900             780      107          

more than 50,000        500               975            1000      108          

      In any process where process weight rate cannot be           111          

ascertained, the minimum fee shall be assessed.                    112          

      (4)  Storage tanks                                           114          

Gallons                 Permit to                  Permit to       117          

(capacity)               operate       Variance     install        119          

less than 40,000           $150            $225       $ 195        122          

40,000 or more, but                                                123          

   less than 100,000        210             450         390                     

100,000 or more, but                                               124          

   less than 400,000        270             675         585                     

400,000 or more, but                                               125          

   less than                                                                    

   1,000,000                330             900         780                     

1,000,000 or more           500             975        1000        126          

      (5)  Gasoline                                                129          

Gasoline dispensing     Permit to                  Permit to       132          

facilities               operate       Variance     install        134          

For each gasoline                                                  137          

   dispensing                                                                   

   facility                 $20            $100         $50                     

      (6)  Dry cleaning                                            140          

Dry cleaning            Permit to                  Permit to       143          

facilities               operate       Variance     install        145          

For each dry                                                       148          

   cleaning facility        $50            $200        $100                     

      (7)  Coal mining operations regulated under Chapter 1513.    151          

of the Revised Code shall be assessed a fee of two hundred fifty   152          

                                                          4      

                                                                 
dollars per mine or location.                                      153          

      (C)(1)  Except as otherwise provided in division (C)(2) of   155          

this section, beginning July 1, 1994, each person who owns or      156          

operates an air contaminant source and who is required to apply    157          

for and obtain a Title V permit under section 3704.036 of the      158          

Revised Code shall pay the fees set forth in division (C)(1) of    159          

this section.  For the purposes of that division, total emissions  160          

of air contaminants may be calculated using engineering            161          

calculations, emissions factors, material balance calculations,    162          

or performance testing procedures, as authorized by the director.  163          

      The following fees shall be assessed on the total actual     165          

emissions from a source in tons per year of the regulated          166          

pollutants particulate matter, sulfur dioxide, nitrogen oxides,    167          

organic compounds, and lead:                                       168          

      (a)  Fifteen dollars per ton on the total actual emissions   170          

of each such regulated pollutant during the period July through    171          

December 1993, to be collected no sooner than July 1, 1994;        172          

      (b)  Twenty dollars per ton on the total actual emissions    174          

of each such regulated pollutant during calendar year 1994, to be  175          

collected no sooner than April 15, 1995;                           176          

      (c)  Twenty-five dollars per ton on the total actual         178          

emissions of each such regulated pollutant in calendar year 1995,  179          

and each subsequent calendar year, to be collected no sooner than  180          

the fifteenth day of April of the year next succeeding the         181          

calendar year in which the emissions occurred.                     182          

      The fees levied under division (C)(1) of this section do     184          

not apply to that portion of the emissions of a regulated          185          

pollutant at a facility that exceed four thousand tons during a    186          

calendar year.                                                     187          

      (2)  The fees assessed under division (C)(1) of this         189          

section are for the purpose of providing funding for the Title V   190          

permit program.                                                    191          

      (3)  The fees assessed under division (C)(1) of this         193          

section do not apply to emissions from any electric generating     194          

                                                          5      

                                                                 
unit designated as a Phase I unit under Title IV of the federal    195          

Clean Air Act prior to calendar year 2000.  Those fees shall be    196          

assessed on the emissions from such a generating unit commencing   197          

in calendar year 2001 based upon the total actual emissions from   198          

the generating unit during calendar year 2000.                     199          

      (4)  The director shall issue invoices to owners or          201          

operators of air contaminant sources who are required to pay a     202          

fee assessed under division (C) or (D) of this section.  Any such  203          

invoice shall be issued no sooner than the applicable date when    204          

the fee first may be collected in a year under the applicable      205          

division, shall identify the nature and amount of the fee          206          

assessed, and shall indicate that the fee is required to be paid   207          

within thirty days after the issuance of the invoice.              208          

      (D)  Beginning January 1, 1994, each person who owns or      210          

operates an air contaminant source; who is required to apply for   211          

a permit to operate pursuant to rules adopted under division (G),  212          

or a variance pursuant to division (H), of section 3704.03 of the  213          

Revised Code; and who is not required to apply for and obtain a    214          

Title V permit under section 3704.036 of the Revised Code shall    215          

pay a single fee based upon the sum of the actual annual           216          

emissions from the facility of the regulated pollutants            217          

particulate matter, sulfur dioxide, nitrogen oxides, organic       219          

compounds, and lead in accordance with the following schedule:     220          

      Total tons per year                                          222          

      of regulated pollutants                Annual fee            223          

      emitted                               per facility           224          

      More than 0, but less than 50             $ 75               227          

      50 or more, but less than 100              300               228          

      100 or more                                700               229          

      The fees assessed under this division shall be collected     232          

annually no sooner than the fifteenth day of April, commencing in  233          

1995.  The fee assessed under this division in a calendar year     234          

shall be based upon the sum of the actual emissions of those       235          

regulated pollutants during the preceding calendar year.  For the  236          

                                                          6      

                                                                 
purpose of this division, emissions of air contaminants may be     237          

calculated using engineering calculations, emission factors,       238          

material balance calculations, or performance testing procedures,  239          

as authorized by the director.  The director, by rule, may         240          

require persons who are required to pay the fees assessed under    241          

this division to pay those fees biennially rather than annually.   242          

      (E)(1)  Consistent with the need to cover the reasonable     244          

costs of the Title V permit program, the director annually shall   245          

increase the fees prescribed in division (C)(1) of this section    246          

by the percentage, if any, by which the consumer price index for   247          

the most recent calendar year ending before the beginning of a     248          

year exceeds the consumer price index for calendar year 1989.      249          

Upon calculating an increase in fees authorized by this division   250          

(E)(1) OF THIS SECTION, the director shall compile revised fee     252          

schedules for the purposes of that division (C)(1) OF THIS         254          

SECTION and shall make the revised schedules available to persons  256          

required to pay the fees assessed under that division and to the   257          

public.                                                                         

      (2)  For the purposes of division (E)(1) of this section:    259          

      (a)  The consumer price index for any year is the average    261          

of the consumer price index for all urban consumers published by   262          

the United States department of labor as of the close of the       263          

twelve-month period ending on the thirty-first day of August of    264          

that year;                                                         265          

      (b)  If the 1989 consumer price index is revised, the        267          

director shall use the revision of the consumer price index that   268          

is most consistent with that for calendar year 1989.               269          

      (F)  Each person who is issued a permit to install pursuant  271          

to rules adopted under division (F) of section 3704.03 of the      272          

Revised Code on or after January 1, 1994, shall pay the fees       273          

specified in the following schedules:                              274          

(1)  Fuel-burning equipment (boilers)                              276          

Input capacity (maximum)                                           278          

(million British thermal units per       Permit to install         279          

                                                          7      

                                                                 
hour)                                                                           

Greater than 0, but less than 10               $ 200               280          

10 or more, but less than 100                    400               281          

100 or more, but less than 300                   800               282          

300 or more, but less than 500                  1500               283          

500 or more, but less than 1000                 2500               284          

1000 or more, but less than 5000                4000               285          

5000 or more                                    6000               286          

      Units burning exclusively natural gas, number two fuel oil,  289          

or both shall be assessed a fee that is one-half the applicable    290          

amount shown in division (F)(1) of this section.                   291          

(2)  Incinerators                                                  293          

Input capacity (pounds per hour)         Permit to install         295          

0 to 100                                       $ 100               296          

101 to 500                                       400               297          

501 to 2000                                      750               298          

2001 to 20,000                                  1000               299          

more than 20,000                                2500               300          

(3)(a)  Process                                                    303          

Process weight rate (pounds per          Permit to install         305          

hour)                                                                           

0 to 1000                                      $ 200               306          

1001 to 5000                                     400               307          

5001 to 10,000                                   600               308          

10,001 to 50,000                                 800               309          

more than 50,000                                1000               310          

      In any process where process weight rate cannot be           313          

ascertained, the minimum fee shall be assessed.                    314          

      (b)  Notwithstanding division (F)(3)(a) of this section,     316          

any person issued a permit to install pursuant to rules adopted    317          

under division (F) of section 3704.03 of the Revised Code shall    318          

pay the fees set forth in division (F)(3)(c) of this section for   319          

a process used in any of the following industries, as identified   320          

by the applicable four-digit standard industrial classification    321          

                                                          8      

                                                                 
code according to the Standard Industrial Classification Manual    322          

published by the United States office of management and budget in  323          

the executive office of the president, 1972, as revised:           324          

      1211  Bituminous coal and lignite mining;                    326          

      1213  Bituminous coal and lignite mining services;           328          

      1411  Dimension stone;                                       330          

      1422  Crushed and broken limestone;                          332          

      1427  Crushed and broken stone, not elsewhere classified;    334          

      1442  Construction sand and gravel;                          336          

      1446  Industrial sand;                                       338          

      3281  Cut stone and stone products;                          340          

      3295  Minerals and earth, ground or otherwise treated.       342          

      (c)  The fees set forth in the following schedule apply to   344          

the issuance of a permit to install pursuant to rules adopted      345          

under division (F) of section 3704.03 of the Revised Code for a    346          

process identified in division (F)(3)(b) of this section:          347          

      Process weight rate                Permit to install         349          

      (pounds per hour)                                                         

      0 to 10,000                               $200               350          

      10,001 to 50,000                           300               351          

      50,001 to 100,000                          400               352          

      100,001 to 200,000                         500               353          

      200,001 to 400,000                         600               354          

      400,001 or more                            700               355          

(4)  Storage tanks                                                 358          

      Gallons (maximum useful            Permit to install         360          

      capacity)                                                                 

      0 to 20,000                               $100               361          

      20,001 to 40,000                           150               362          

      40,001 to 100,000                          200               363          

      100,001 to 250,000                         250               364          

      250,001 to 500,000                         350               365          

      500,001 to 1,000,000                       500               366          

      1,000,001 or greater                       750               367          

                                                          9      

                                                                 
(5)  Gasoline/fuel dispensing facilities                           370          

      For each gasoline/fuel             Permit to install         372          

      dispensing facility                                                       

       (includes all units at                   $100               373          

      the facility)                                                             

(6)  Dry cleaning facilities                                       376          

      For each dry cleaning              Permit to install         378          

      facility                                                                  

      (includes all units at                    $100               379          

      the facility)                                                             

(7)  Registration status                                           382          

                                         Permit to install         384          

      For each source covered                                      385          

      by registration status                     $75                            

      (G)  An owner or operator who is responsible for an          388          

asbestos demolition or renovation project pursuant to rules        389          

adopted under section 3704.03 of the Revised Code shall pay the    390          

fees set forth in the following schedule:                          391          

            Action                                Fee              393          

      Each notification                           $75              394          

      Asbestos removal                        $3/unit              395          

      Asbestos cleanup                     $4/cubic yard           396          

For purposes of this division, a "unit" means any combination of   400          

linear feet or square feet equal to fifty.                         401          

      (H)  A person who is issued an extension of time for a       403          

permit to install an air contaminant source pursuant to rules      404          

adopted under division (F) of section 3704.03 of the Revised Code  405          

shall pay a fee equal to one-half the fee originally assessed for  406          

the permit to install under this section, except that the fee for  407          

such an extension shall not exceed two hundred dollars.            408          

      (I)  A person who is issued a modification to a permit to    410          

install an air contaminant source pursuant to rules adopted under  411          

section 3704.03 of the Revised Code shall pay a fee equal to       412          

one-half of the fee that would be assessed under this section to   413          

                                                          10     

                                                                 
obtain a permit to install the source.  The fee assessed by this   414          

division only applies to modifications that are initiated by the   415          

owner or operator of the source and shall not exceed two thousand  416          

dollars.                                                           417          

      (J)  Notwithstanding division (B) or (F) of this section, a  419          

person who applies for or obtains a permit to install pursuant to  420          

rules adopted under division (F) of section 3704.03 of the         421          

Revised Code after the date actual construction of the source      422          

began shall pay a fee for the permit to install that is equal to   423          

twice the fee that otherwise would be assessed under the           424          

applicable division unless the applicant received authorization    425          

to begin construction under division (W) of section 3704.03 of     426          

the Revised Code.  This division only applies to sources for       427          

which actual construction of the source begins on or after July    428          

1, 1993.  The imposition or payment of the fee established in      429          

this division does not preclude the director from taking any       430          

administrative or judicial enforcement action under this chapter,  431          

Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a    432          

rule adopted under any of them, in connection with a violation of  433          

rules adopted under division (F) of section 3704.03 of the         434          

Revised Code.                                                      435          

      As used in this division, "actual construction of the        437          

source" means the initiation of physical on-site construction      438          

activities in connection with improvements to the source that are  439          

permanent in nature, including, without limitation, the            440          

installation of building supports and foundations and the laying   441          

of underground pipework.                                           442          

      (K)  Fifty cents per ton of each fee assessed under          444          

division (C) of this section on actual emissions from a source     445          

and received by the environmental protection agency pursuant to    446          

that division shall be deposited into the state treasury to the    447          

credit of the small business assistance fund created in section    448          

3706.19 of the Revised Code.  The remainder of the moneys          449          

received by the division pursuant to that division and moneys      450          

                                                          11     

                                                                 
received by the agency pursuant to divisions (D), (F), (G), (H),   451          

(I), and (J) of this section shall be deposited in the state       452          

treasury to the credit of the clean air fund created in section    453          

3704.035 of the Revised Code.                                      454          

      (L)(1)(a)  Except as otherwise provided in division          456          

(L)(1)(b) or (c) of this section, a person issued a water          457          

discharge permit or renewal of a water discharge permit pursuant   458          

to Chapter 6111. of the Revised Code shall pay a fee based on      459          

each point source to which the issuance is applicable in           460          

accordance with the following schedule:                            461          

Design flow discharge (gallons per day)             Fee            463          

      0 to 1000                                    $  0            466          

      1,001 to 5000                                 100            467          

      5,001 to 50,000                               200            468          

      50,001 to 100,000                             300            469          

      100,001 to 300,000                            525            470          

      over 300,000                                  750            471          

      (b)  Notwithstanding the fee schedule specified in division  474          

(L)(1)(a) of this section, the fee for a water discharge permit    475          

that is applicable to coal mining operations regulated under       476          

Chapter 1513. of the Revised Code shall be two hundred fifty       477          

dollars per mine.                                                  478          

      (c)  Notwithstanding the fee schedule specified in division  480          

(L)(1)(a) of this section, the fee for a water discharge permit    481          

for a public discharger identified by I in the third character of  482          

the permittee's NPDES permit number shall not exceed seven         483          

hundred fifty dollars.                                             484          

      (2)  A person applying for a plan approval for a wastewater  486          

treatment works pursuant to section 6111.44, 6111.45, or 6111.46   487          

of the Revised Code shall pay a fee of one hundred dollars plus    488          

sixty-five one-hundredths of one per cent of the estimated         489          

project cost through June 30, 1998, and one hundred dollars plus   491          

two-tenths of one per cent of the estimated project cost on and    492          

after July 1, 1998, except that the total fee shall not exceed     494          

                                                          12     

                                                                 
fifteen thousand dollars through June 30, 1998, and five thousand  496          

dollars on and after July 1, 1998.  The fee shall be paid at the   498          

time the application is submitted.                                 499          

      (3)  A person issued a modification of a water discharge     501          

permit shall pay a fee equal to one-half the fee that otherwise    502          

would be charged for a water discharge permit, except that the     503          

fee for the modification shall not exceed four hundred dollars.    504          

      (4)  A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE     506          

DIRECTOR UNDER SECTION 6111.14 OF THE REVISED CODE SHALL PAY AN    509          

ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT      510          

SECTION FOR APPROVAL.  THE DIRECTOR ANNUALLY SHALL CALCULATE THE   511          

FEE BASED ON THE COST OF PROCESSING PLAN APPROVALS AND SHALL       512          

NOTIFY ALL PERSONS WHO HAVE ENTERED INTO AGREEMENTS UNDER THAT     513          

SECTION, OR WHO HAVE APPLIED FOR AGREEMENTS, OF THE AMOUNT OF THE  515          

FEE.                                                                            

      (5)(a)  Not later than January 30, 1996, and January 30,     517          

1997, a person holding an NPDES discharge permit issued pursuant   519          

to Chapter 6111. of the Revised Code with an average daily         520          

discharge flow of five thousand gallons or more shall pay a        521          

nonrefundable annual discharge fee.  Any person who fails to pay   522          

the fee at that time shall pay an additional amount that equals    523          

ten per cent of the required annual discharge fee.                 524          

      The average daily discharge flow in gallons per day shall    526          

be calculated using first day of May through thirty-first day of   527          

October flow data for the period two years prior to the date on    528          

which the fee is due.  In the case of NPDES discharge permits for  530          

new sources, the fee for the first two years of operations                      

OPERATION shall be calculated using the average daily design flow  531          

of the facility.                                                   533          

      (b)  An NPDES permit holder that is a public discharger      535          

shall pay the fee specified in the following schedule:             536          

    Average daily                             Fee due by           540          

    discharge flow                         January 30, 1996,       541          

                                         and January 30, 1997      542          

                                                          13     

                                                                 
5,000 to 49,999                               $   180              545          

50,000 to 100,000                                 450              546          

100,001 to 250,000                                900              547          

250,001 to 1,000,000                            2,250              548          

1,000,001 to 5,000,000                          4,500              549          

5,000,001 to 10,000,000                         9,000              550          

10,000,001 to 20,000,000                       13,500              551          

20,000,001 to 50,000,000                       22,500              552          

50,000,001 to 100,000,000                      36,000              553          

100,000,001 or more                            54,000              554          

      Public dischargers owning or operating publicly owned        557          

treatment works, as "treatment works" is defined in section        558          

6111.01 of the Revised Code, that serve exclusively political      560          

subdivisions having a population of fewer than one hundred         561          

thousand through the operation of two or more publicly owned                    

treatment works serving the same political subdivision shall pay   562          

an annual discharge fee under division (L)(4)(5)(b) of this        563          

section that is based on the combined average daily discharge      564          

flow of the treatment works rather than on the average daily       565          

discharge flow of individual facilities comprising the treatment   566          

works.                                                                          

      (c)  An NPDES permit holder that is an industrial            568          

discharger shall pay the fee specified in the following schedule:  569          

Average daily                                 Fee due by           573          

discharge flow                             January 30, 1996,       574          

                                         and January 30, 1997      575          

5,000 to 49,999                               $   180              578          

50,000 to 250,000                                 900              579          

250,001 to 1,000,000                            2,250              580          

1,000,001 to 5,000,000                          4,500              581          

5,000,001 to 10,000,000                         6,750              582          

10,000,001 to 20,000,000                        9,000              583          

20,000,001 to 100,000,000                      10,800              584          

100,000,001 to 250,000,000                     12,600              585          

                                                          14     

                                                                 
250,000,001 or more                            14,400              586          

      In addition to the fee specified in the above schedule, an   589          

NPDES permit holder that is an industrial discharger classified    590          

as a major discharger shall pay a nonrefundable annual surcharge   591          

of six thousand seven hundred fifty dollars not later than         592          

January 30, 1996, and not later than January 30, 1997.  Any        593          

person who fails to pay the surcharge at that time shall pay an    594          

additional amount that equals ten per cent of the amount of the    595          

surcharge.                                                         596          

      (d)  Notwithstanding divisions (L)(4)(5)(b) and (c) of this  598          

section, a public discharger identified by I in the third          599          

character of the permittee's NPDES permit number and an            600          

industrial discharger identified by I, J, L, V, W, X, Y, or Z in   601          

the third character of the permittee's NPDES permit number shall   603          

pay a nonrefundable annual discharge fee of one hundred eighty                  

dollars not later than January 30, 1996, and not later than        605          

January 30, 1997.  Any person who fails to pay the fee at that     606          

time shall pay an additional amount that equals ten per cent of    607          

the required fee.                                                  608          

      (5)(6)  The director shall transmit all moneys collected     610          

under division (L) of this section to the treasurer of state for   611          

deposit into the state treasury to the credit of the surface       612          

water protection fund created in section 6111.038 of the Revised   613          

Code.                                                              614          

      (6)(7)  As used in division (L) of this section:             616          

      (a)  "NPDES" means the federally approved national           618          

pollutant discharge elimination system program for issuing,        619          

modifying, revoking, reissuing, terminating, monitoring, and       620          

enforcing permits and imposing and enforcing pretreatment          621          

requirements under Chapter 6111. of the Revised Code and rules     622          

adopted under it.                                                  623          

      (b)  "Public discharger" means any holder of an NPDES        625          

permit identified by P in the second character of the NPDES        626          

permit number assigned by the director.                            627          

                                                          15     

                                                                 
      (c)  "Industrial discharger" means any holder of an NPDES    629          

permit identified by I in the second character of the NPDES        630          

permit number assigned by the director.                            631          

      (d)  "Major discharger" means any holder of an NPDES permit  633          

classified as major by the regional administrator of the United    634          

States environmental protection agency in conjunction with the     635          

director.                                                          636          

      (M)  Through June 30, 1998, a person applying for a license  639          

or license renewal to operate a public water system under section  640          

6109.21 of the Revised Code shall pay the appropriate fee          641          

established under this division at the time of application to the  642          

director.  Any person who fails to pay the fee at that time shall  643          

pay an additional amount that equals ten per cent of the required  644          

fee.  The director shall transmit all moneys collected under this  645          

division to the treasurer of state for deposit into the drinking   646          

water protection fund created in section 6109.30 of the Revised    647          

Code.                                                              648          

      Fees required under this division shall be calculated and    650          

paid in accordance with the following schedule:                    651          

      (1)  For the initial license required under division (A)(1)  653          

of section 6109.21 of the Revised Code for any public water        654          

system that is a community water system as defined in section      655          

6109.01 of the Revised Code, and for each license renewal          656          

required for such a system prior to January 31, 1998, the fee is:  658          

Number of service connections                Fee amount            660          

      Not more than 49                          $ 56               663          

      50 to 99                                    88               664          

Number of service connections      Average cost per connection     667          

      100 to 2,499                            $  .96               669          

      2,500 to 4,999                             .92               670          

      5,000 to 7,499                             .88               671          

      7,500 to 9,999                             .84               672          

      10,000 to 14,999                           .80               673          

      15,000 to 24,999                           .76               674          

                                                          16     

                                                                 
      25,000 to 49,999                           .72               675          

      50,000 to 99,999                           .68               676          

      100,000 to 149,999                         .64               677          

      150,000 to 199,999                         .60               678          

      200,000 or more                            .56               679          

      A public water system may determine how it will pay the      682          

total amount of the fee calculated under division (M)(1) of this   683          

section, including the assessment of additional user fees that     684          

may be assessed on a volumetric basis.                             685          

      As used in division (M)(1) of this section, "service         687          

connection" means the number of active or inactive pipes,          688          

goosenecks, pigtails, and any other fittings connecting a water    689          

main to any building outlet.                                       690          

      (2)  For the initial license required under division (A)(2)  692          

of section 6109.21 of the Revised Code for any public water        693          

system that is not a community water system and serves a           694          

nontransient population, and for each license renewal required     695          

for such a system prior to January 31, 1998, the fee is:           696          

Population served                            Fee amount            698          

Fewer than 150                                $    56              701          

150 to 299                                         88              702          

300 to 749                                        192              703          

750 to 1,499                                      392              704          

1,500 to 2,999                                    792              705          

3,000 to 7,499                                  1,760              706          

7,500 to 14,999                                 3,800              707          

15,000 to 22,499                                6,240              708          

22,500 to 29,999                                8,576              709          

30,000 or more                                 11,600              710          

      As used in division (M)(2) of this section, "population      713          

served" means the total number of individuals receiving water      714          

from the water supply during a twenty-four-hour period for at      715          

least sixty days during any calendar year.  In the absence of a    716          

specific population count, that number shall be calculated at the  717          

                                                          17     

                                                                 
rate of three individuals per service connection.                  718          

      (3)  For the initial license required under division (A)(3)  720          

of section 6109.21 of the Revised Code for any public water        721          

system that is not a community water system and serves a           722          

transient population, and for each license renewal required for    723          

such a system prior to January 31, 1998, the fee is:               724          

Number of wells supplying system             Fee amount            726          

             1                                $   56               729          

             2                                    56               730          

             3                                    88               731          

             4                                   192               732          

             5                                   392               733          

System supplied by surface                                         736          

springs or dug wells                             792                            

      As used in division (M)(3) of this section, "number of       739          

wells supplying system" means those wells that are physically      740          

connected to the plumbing system serving the public water system.  741          

      (N)(1)  A person applying for a plan approval for a public   743          

water supply system under section 6109.07 of the Revised Code      744          

shall pay a fee of one hundred dollars plus two-tenths of one per  745          

cent of the estimated project cost, except that the total fee      746          

shall not exceed fifteen thousand dollars through June 30, 1998,   748          

and five thousand dollars on and after July 1, 1998.  The fee                   

shall be paid at the time the application is submitted.            749          

      (2)  A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE     752          

DIRECTOR UNDER DIVISION (A)(2) OF SECTION 6109.07 OF THE REVISED   754          

CODE SHALL PAY AN ADMINISTRATIVE SERVICE FEE FOR EACH PLAN         755          

SUBMITTED UNDER THAT SECTION FOR APPROVAL.  THE DIRECTOR ANNUALLY  756          

SHALL CALCULATE THE FEE BASED ON THE COST OF PROCESSING PLAN       757          

APPROVALS AND SHALL NOTIFY ALL PERSONS THAT HAVE ENTERED INTO      758          

AGREEMENTS UNDER THAT DIVISION, OR WHO HAVE APPLIED FOR            759          

AGREEMENTS, OF THE AMOUNT OF THE FEE.                              760          

      (3)  Through June 30, 1998, the following fee, on a per      762          

survey basis, shall be charged any person for services rendered    763          

                                                          18     

                                                                 
by the state in the evaluation of laboratories and laboratory      764          

personnel for compliance with accepted analytical techniques and   765          

procedures established pursuant to Chapter 6109. of the Revised    766          

Code for determining the qualitative characteristics of water:     767          

      microbiological                         $1,650               769          

      organic chemical                       4,500 3,500           770          

      inorganic chemical                       3,500               771          

      standard chemistry                       1,800               772          

      limited chemistry                      1,500 1,000           773          

      On and after July 1, 1998, the following fee, on a per       776          

survey basis, shall be charged any such person:                    777          

      microbiological                           $250               779          

      chemical/radiological                      250               780          

      nitrate/turbidity (only)                   150               781          

The fee for those services shall be paid at the time the request   784          

for the survey is made.  Through June 30, 1998, an individual      786          

laboratory shall not be assessed a fee under this division more    787          

than once in any three-year period.                                788          

      The director shall transmit all moneys collected under this  790          

division to the treasurer of state for deposit into the drinking   791          

water protection fund created in section 6109.30 of the Revised    792          

Code.                                                              793          

      (O)  Any person applying to the director for examination     795          

for certification as an operator of a water supply system or       796          

wastewater system under Chapter 6109. or 6111. of the Revised      797          

Code, at the time the application is submitted, shall pay an       798          

application fee of twenty-five dollars through June 30, 1998, and  801          

ten dollars on and after July 1, 1998.  Upon approval from the     802          

director that the applicant is eligible to take the examination    803          

therefor,: the applicant shall pay a fee in accordance with the    804          

following schedule through June 30, 1998:                          805          

      Class I operator                              $45            807          

      Class II operator                              55            808          

      Class III operator                             65            809          

                                                          19     

                                                                 
      Class IV operator                              75            810          

      On and after July 1, 1998, the applicant shall pay a fee in  814          

accordance with the following schedule:                                         

      Class I operator                              $25            816          

      Class II operator                              35            817          

      Class III operator                             45            818          

      Class IV operator                              55            819          

      The director shall transmit all moneys collected under this  822          

division to the treasurer of state for deposit into the surface    823          

DRINKING water protection fund created in section 6111.038         824          

6109.30 of the Revised Code.                                       825          

      (P)  Through June 30, 1998, any person submitting an         827          

application for an industrial water pollution control certificate  828          

under section 6111.31 of the Revised Code shall pay a              829          

nonrefundable fee of five hundred dollars at the time the          830          

application is submitted.  The director shall transmit all moneys  831          

collected under this division to the treasurer of state for        832          

deposit into the surface water protection fund created in section  833          

6111.038 of the Revised Code.  A person paying a certificate fee   834          

under this division shall not pay an application fee under         835          

division (S)(1) of this section.                                   836          

      (Q)  Except as otherwise provided in division (R) of this    838          

section, a person issued a permit by the director for a new solid  839          

waste disposal facility other than an incineration or composting   840          

facility, a new infectious waste treatment facility other than an  841          

incineration facility, or a modification of such an existing       842          

facility that includes an increase in the total disposal or        843          

treatment capacity of the facility pursuant to Chapter 3734. of    844          

the Revised Code shall pay a fee of ten dollars per thousand       845          

cubic yards of disposal or treatment capacity, or one thousand     846          

dollars, whichever is greater, except that the total fee for any   847          

such permit shall not exceed eighty thousand dollars.  A person    848          

issued a modification of a permit for a solid waste disposal       849          

facility or an infectious waste treatment facility that does not   850          

                                                          20     

                                                                 
involve an increase in the total disposal or treatment capacity    851          

of the facility shall pay a fee of one thousand dollars.  A        852          

person issued a permit to install a new, or modify an existing,    853          

solid waste transfer facility under that chapter shall pay a fee   854          

of two thousand five hundred dollars.  A person issued a permit    855          

to install a new or to modify an existing solid waste              856          

incineration or composting facility, or an existing infectious     857          

waste treatment facility using incineration as its principal       858          

method of treatment, under that chapter shall pay a fee of one     859          

thousand dollars.  The increases in the permit fees under this     860          

division resulting from the amendments made by Amended Substitute  861          

House Bill 592 of the 117th general assembly do not apply to any   862          

person who submitted an application for a permit to install a      863          

new, or modify an existing, solid waste disposal facility under    864          

that chapter prior to September 1, 1987; any such person shall     865          

pay the permit fee established in this division as it existed      866          

prior to June 24, 1988.  In addition to the applicable permit fee  867          

under this division, a person issued a permit to install or        868          

modify a solid waste facility or an infectious waste treatment     869          

facility under that chapter who fails to pay the permit fee to     870          

the director in compliance with division (V) of this section       871          

shall pay an additional ten per cent of the amount of the fee for  872          

each week that the permit fee is late.                             873          

      Permit and late payment fees paid to the director under      875          

this division shall be credited to the general revenue fund.       876          

      (R)(1)  A person issued a registration certificate for a     878          

scrap tire collection facility under section 3734.75 of the        879          

Revised Code shall pay a fee of two hundred dollars, except that   880          

if the facility is owned or operated by a motor vehicle salvage    881          

dealer licensed under Chapter 4738. of the Revised Code, the       882          

person shall pay a fee of twenty-five dollars.                     883          

      (2)  A person issued a registration certificate for a new    885          

scrap tire storage facility under section 3734.76 of the Revised   886          

Code shall pay a fee of three hundred dollars, except that if the  887          

                                                          21     

                                                                 
facility is owned or operated by a motor vehicle salvage dealer    888          

licensed under Chapter 4738. of the Revised Code, the person       889          

shall pay a fee of twenty-five dollars.                            890          

      (3)  A person issued a permit for a scrap tire storage       892          

facility under section 3734.76 of the Revised Code shall pay a     893          

fee of one thousand dollars, except that if the facility is owned  894          

or operated by a motor vehicle salvage dealer licensed under       895          

Chapter 4738. of the Revised Code, the person shall pay a fee of   896          

fifty dollars.                                                     897          

      (4)  A person issued a permit for a scrap tire monocell or   899          

monofill facility under section 3734.77 of the Revised Code shall  900          

pay a fee of ten dollars per thousand cubic yards of disposal      901          

capacity or one thousand dollars, whichever is greater, except     902          

that the total fee for any such permit shall not exceed eighty     903          

thousand dollars.                                                  904          

      (5)  A person issued a registration certificate for a scrap  906          

tire recovery facility under section 3734.78 of the Revised Code   907          

shall pay a fee of one hundred dollars.                            908          

      (6)  A person issued a permit for a scrap tire recovery      910          

facility under section 3734.78 of the Revised Code shall pay a     911          

fee of one thousand dollars.                                       912          

      (7)  In addition to the applicable registration certificate  914          

or permit fee under divisions (R)(1) to (6) of this section, a     915          

person issued a registration certificate or permit for any such    916          

scrap tire facility who fails to pay the registration certificate  917          

or permit fee to the director in compliance with division (V) of   918          

this section shall pay an additional ten per cent of the amount    919          

of the fee for each week that the fee is late.                     920          

      (8)  The registration certificate, permit, and late payment  922          

fees paid to the director under divisions (R)(1) to (7) of this    923          

section shall be credited to the scrap tire management fund        924          

created in section 3734.82 of the Revised Code.                    925          

      (S)(1)  Except as provided by divisions (L), (M), (N), (O),  927          

(P), and (S)(2) of this section, division (A)(2) of section        928          

                                                          22     

                                                                 
3734.05 of the Revised Code, section 3734.79 of the Revised Code,  929          

and rules adopted under division (T)(1) of this section, any       930          

person applying for a registration certificate under section       931          

3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,      932          

variance, or plan approval under Chapter 3734. of the Revised      933          

Code shall pay a nonrefundable fee of fifteen dollars at the time  934          

the application is submitted, and any person applying for a        935          

permit, variance, or plan approval under Chapter 6109. or 6111.    936          

of the Revised Code shall pay a nonrefundable fee of one hundred   937          

dollars at the time the application is submitted through June 30,  938          

1998, and a nonrefundable fee of fifteen dollars at the time the   940          

application is submitted on and after July 1, 1998.                941          

      The director shall transmit all moneys collected under this  943          

division (S)(1) OF THIS SECTION pursuant to Chapter 6109. of the   944          

Revised Code to the treasurer of state for deposit into the        946          

drinking water protection fund created in section 6109.30 of the   947          

Revised Code.                                                                   

      The director shall transmit all moneys collected under this  949          

division (S)(1) OF THIS SECTION pursuant to Chapter 6111. of the   951          

Revised Code to the treasurer of state for deposit into the        952          

surface water protection fund created in section 6111.038 of the   953          

Revised Code.                                                                   

      If a registration certificate is issued under section        955          

3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of    956          

the application fee paid shall be deducted from the amount of the  957          

registration certificate fee due under division (R)(1), (2), or    958          

(5) of this section, as applicable.                                959          

      (2)  Division (S)(1) of this section does not apply to an    961          

application for a registration certificate for a scrap tire        962          

collection or storage facility submitted under section 3734.75 or  963          

3734.76 of the Revised Code, as applicable, if the owner or        964          

operator of the facility or proposed facility is a motor vehicle   965          

salvage dealer licensed under Chapter 4738. of the Revised Code.   966          

      (T)  The director may adopt, amend, and rescind rules in     968          

                                                          23     

                                                                 
accordance with Chapter 119. of the Revised Code that do all of    969          

the following:                                                     970          

      (1)  Prescribe fees to be paid by applicants for and         972          

holders of any license, permit, variance, plan approval, or        973          

certification required or authorized by Chapter 3704., 3734.,      974          

6109., or 6111. of the Revised Code that are not specifically      975          

established in this section.  The fees shall be designed to        976          

defray the cost of processing, issuing, revoking, modifying,       977          

denying, and enforcing the licenses, permits, variances, plan      978          

approvals, and certifications.                                     979          

      The director shall transmit all moneys collected under       981          

rules adopted under division (T)(1) of this section pursuant to    982          

Chapter 6109. of the Revised Code to the treasurer of state for    983          

deposit into the drinking water protection fund created in         984          

section 6109.30 of the Revised Code.                               985          

      The director shall transmit all moneys collected under       987          

rules adopted under division (T)(1) of this section pursuant to    988          

Chapter 6111. of the Revised Code to the treasurer of state for    989          

deposit into the surface water protection fund created in section  990          

6111.038 of the Revised Code.                                      991          

      (2)  Exempt the state and political subdivisions thereof,    993          

including education facilities or medical facilities owned by the  994          

state or a political subdivision, or any person exempted from      995          

taxation by section 5709.07 or 5709.12 of the Revised Code, from   996          

any fee required by this section;                                  997          

      (3)  Provide for the waiver of any fee, or any part          999          

thereof, otherwise required by this section whenever the director  1,000        

determines that the imposition of the fee would constitute an      1,001        

unreasonable cost of doing business for any applicant, class of    1,002        

applicants, or other person subject to the fee;                    1,003        

      (4)  Prescribe measures that the director considers          1,005        

necessary to carry out this section.                               1,006        

      (U)  When the director reasonably demonstrates that the      1,008        

direct cost to the state associated with the issuance of a permit  1,009        

                                                          24     

                                                                 
to install, license, variance, plan approval, or certification     1,010        

exceeds the fee for the issuance or review specified by this       1,011        

section, the director may condition the issuance or review on the  1,012        

payment by the person receiving the issuance or review of, in      1,013        

addition to the fee specified by this section, the amount, or any  1,014        

portion thereof, in excess of the fee specified under this         1,015        

section.  The director shall not so condition issuances for which  1,016        

fees are prescribed in divisions (B)(7) and (L)(1)(b) of this      1,017        

section.                                                           1,018        

      (V)  Except as provided in divisions (L), (M), and (P) of    1,020        

this section or unless otherwise prescribed by a rule of the       1,021        

director adopted pursuant to Chapter 119. of the Revised Code,     1,022        

all fees required by this section are payable within thirty days   1,023        

after the issuance of an invoice for the fee by the director or    1,024        

the effective date of the issuance of the license, permit,         1,025        

variance, plan approval, or certification.  If payment is late,    1,026        

the person responsible for payment of the fee shall pay an         1,027        

additional ten per cent of the amount due for each month that it   1,028        

is late.                                                           1,029        

      (W)  As used in this section, "fuel-burning equipment,"      1,031        

"fuel-burning equipment input capacity," "incinerator,"            1,032        

"incinerator input capacity," "process," "process weight rate,"    1,033        

"storage tank," "gasoline dispensing facility," "dry cleaning      1,034        

facility," "design flow discharge," and "new source treatment      1,035        

works" have the meanings ascribed to those terms by applicable     1,036        

rules or standards adopted by the director under Chapter 3704. or  1,037        

6111. of the Revised Code.                                         1,038        

      (X)  As used in divisions (B), (C), (D), (E), (F), (H),      1,040        

(I), and (J) of this section, and in any other provision of this   1,041        

section pertaining to fees paid pursuant to Chapter 3704. of the   1,042        

Revised Code:                                                      1,043        

      (1)  "Facility," "federal Clean Air Act," "person," and      1,045        

"Title V permit" have the same meanings as in section 3704.01 of   1,046        

the Revised Code.                                                  1,047        

                                                          25     

                                                                 
      (2)  "Title V permit program" means the following            1,049        

activities as necessary to meet the requirements of Title V of     1,050        

the federal Clean Air Act and 40 C.F.R. part 70, including at      1,051        

least:                                                             1,052        

      (a)  Preparing and adopting, if applicable, generally        1,054        

applicable rules or guidance regarding the permit program or its   1,055        

implementation or enforcement;                                     1,056        

      (b)  Reviewing and acting on any application for a Title V   1,058        

permit, permit revision, or permit renewal, including the          1,059        

development of an applicable requirement as part of the            1,060        

processing of a permit, permit revision, or permit renewal;        1,061        

      (c)  Administering the permit program, including the         1,063        

supporting and tracking of permit applications, compliance         1,064        

certification, and related data entry;                             1,065        

      (d)  Determining which sources are subject to the program    1,067        

and implementing and enforcing the terms of any Title V permit,    1,068        

not including any court actions or other formal enforcement        1,069        

actions;                                                           1,070        

      (e)  Emission and ambient monitoring;                        1,072        

      (f)  Modeling, analyses, or demonstrations;                  1,074        

      (g)  Preparing inventories and tracking emissions;           1,076        

      (h)  Providing direct and indirect support to small          1,078        

business stationary sources to determine and meet their            1,079        

obligations under the federal Clean Air Act pursuant to the small  1,080        

business stationary source technical and environmental compliance  1,081        

assistance program required by section 507 of that act and         1,082        

established in sections 3704.18, 3704.19, and 3706.19 of the       1,083        

Revised Code.                                                      1,084        

      Sec. 6103.22.  All contracts under section 6103.21 of the    1,093        

Revised Code shall provide for payment to the county or municipal  1,094        

corporation owning, constructing, or agreeing to construct the     1,095        

water supply improvement to be jointly used of the amount agreed   1,096        

upon as the other party's share of the cost of such THE water      1,097        

supply improvement.  The contract shall also SHALL provide for     1,099        

                                                          26     

                                                                 
payment to the county or municipal corporation owning or           1,101        

constructing and maintaining the same IMPROVEMENT of the amount    1,102        

agreed upon for the other party's share of the cost of operating   1,104        

and maintaining such THE water supply improvement, including the   1,106        

cost of water, or in lieu of all other payments an agreed price    1,107        

per unit for water furnished. Any such A county or municipal       1,108        

corporation owning, constructing, or agreeing to construct any     1,110        

such A water supply improvement and permitting the use thereof OF  1,111        

IT by such other ANOTHER county or municipal corporation shall     1,113        

retain full control and management of the construction,            1,114        

maintenance, repair, and operation of the same IMPROVEMENT,        1,115        

except when conveyed to a municipal corporation as provided in     1,116        

this section.  Any such contract, before going into effect, shall  1,117        

be approved by the director of environmental protection.  Any      1,118        

      A completed water supply or water-works system, as defined   1,120        

in sections 6103.01 and 6103.02 of the Revised Code, for the use   1,121        

of any sewer district, constructed under sections 6103.02 to       1,122        

6103.30 of the Revised Code THIS CHAPTER, and any part thereof,    1,123        

located within any municipal corporation or within any area which  1,125        

THAT may be incorporated as a municipal corporation or annexed to  1,126        

an existing municipal corporation, or which THAT provides water    1,127        

for such AN area, may by mutual agreement between the board of     1,128        

county commissioners and such THE municipal corporation MAY be     1,129        

conveyed to such THE municipal corporation, which shall            1,130        

thereafter maintain and operate such THE water supply and OR       1,132        

water-works.  The board may retain the right to joint use of such  1,133        

THE water supply and OR water-works for the benefit of the         1,134        

district.  The validity of any assessment which THAT has been      1,135        

levied or may thereafter be levied THEREAFTER to provide means     1,136        

for the payment of the cost of such THE construction or            1,137        

maintenance of such THE water supply or water-works or any part    1,138        

thereof OF IT shall not be affected by such THE conveyance.        1,140        

      Sec. 6109.01.  As used in this chapter:                      1,149        

      (A)  "Public water system" means a system for the provision  1,151        

                                                          27     

                                                                 
to the public of piped water for human consumption if the system   1,152        

has at least fifteen service connections or regularly serves at    1,153        

least twenty-five individuals.  "Public water system" includes     1,154        

any collection, treatment, storage, and distribution facilities    1,155        

under control of the operator of the system and used primarily in  1,156        

connection with the system, any collection or pretreatment         1,157        

storage facilities not under such control which THAT are used      1,158        

primarily in connection with the system, and any water supply      1,159        

system serving an agricultural labor camp as defined in section    1,160        

3733.41 of the Revised Code.                                       1,161        

      (B)  "Contaminant" means any physical, chemical,             1,163        

biological, or radiological substance or matter in water.          1,164        

      (C)  "Person" means the state, any political subdivision,    1,166        

agency, institution, or instrumentality thereof, any federal       1,167        

agency, and any person as defined in section 1.59 of the Revised   1,168        

Code.                                                              1,169        

      (D)  "Safe Drinking Water Act" means the "Safe Drinking      1,171        

Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), and            1,172        

regulations adopted thereunder, as amended BY THE "SAFE DRINKING   1,174        

WATER AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C. 300(f), THE    1,180        

"SAFE DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42    1,186        

U.S.C. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF      1,192        

1996," 110 STAT. 1613, 42 U.S.C. 300(f), AND REGULATIONS ADOPTED   1,195        

UNDER THOSE ACTS.                                                  1,196        

      (E)  "Community water system" means a public water system    1,198        

that has at least fifteen service connections used by year-round   1,199        

residents or that regularly serves at least twenty-five            1,200        

year-round residents.                                              1,201        

      (F)  "SMALL SYSTEM" MEANS A PUBLIC WATER SYSTEM SERVING A    1,204        

POPULATION OF TEN THOUSAND OR FEWER INDIVIDUALS.                   1,205        

      (G)  "TECHNICAL ASSISTANCE" MEANS NONFINANCIAL ASSISTANCE    1,208        

PROVIDED BY THE STATE TO PUBLIC WATER SYSTEMS AND OTHER ELIGIBLE   1,209        

APPLICANTS, INCLUDING, WITHOUT LIMITATION, ASSISTANCE FOR          1,210        

PLANNING AND DESIGN, DEVELOPMENT, AND IMPLEMENTATION OF SOURCE     1,211        

                                                          28     

                                                                 
WATER QUALITY PROTECTION PROGRAMS; LOCATING ALTERNATIVE SUPPLIES   1,212        

OF DRINKING WATER; OPERATIONAL TRAINING; RESTRUCTURING OR          1,213        

CONSOLIDATION OF SMALL SYSTEMS; PROVIDING TREATMENT INFORMATION    1,214        

IN ORDER TO ASSIST COMPLIANCE WITH A NATIONAL PRIMARY DRINKING     1,215        

WATER STANDARD; AND OTHER NONFINANCIAL ASSISTANCE AUTHORIZED BY    1,216        

THE REQUIREMENTS GOVERNING THE FUNDS ESTABLISHED UNDER THIS        1,217        

CHAPTER.                                                           1,218        

      (H)  "DISADVANTAGED COMMUNITY" MEANS THE SERVICE AREA OR     1,221        

PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM THAT MEETS      1,222        

AFFORDABILITY AND OTHER CRITERIA ESTABLISHED BY THE DIRECTOR OF    1,223        

ENVIRONMENTAL PROTECTION IN THE DRINKING WATER ASSISTANCE          1,224        

MANAGEMENT PLAN PREPARED IN ACCORDANCE WITH SECTION 6109.22 OF     1,225        

THE REVISED CODE.                                                  1,227        

      (I)  "DIRECTOR OF ENVIRONMENTAL PROTECTION" OR "DIRECTOR"    1,230        

INCLUDES AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR.             1,231        

      (J)  "FEDERAL WATER POLLUTION CONTROL ACT" HAS THE SAME      1,237        

MEANING AS IN SECTION 6111.01 OF THE REVISED CODE.                 1,239        

      Sec. 6109.04.  (A)  The director of environmental            1,248        

protection shall administer and enforce Chapter 6109. of the       1,249        

Revised Code THIS CHAPTER and rules adopted thereunder UNDER IT.   1,251        

      (B)  The director shall adopt, amend, and rescind such       1,253        

rules in accordance with Chapter 119. of the Revised Code as may   1,254        

be necessary or desirable to DO BOTH OF THE FOLLOWING:             1,255        

      (1)  Govern public water systems in order to protect the     1,257        

public health;                                                     1,258        

      (2)  Govern public water systems to protect the public       1,260        

welfare, including rules governing contaminants in water which     1,261        

THAT may adversely affect the suitability of the water for its     1,262        

intended uses, or which THAT may otherwise adversely affect the    1,264        

public health or welfare.                                                       

      (C)  The director may DO ANY OR ALL OF THE FOLLOWING:        1,266        

      (1)  Adopt, amend, and rescind such rules in accordance      1,268        

with Chapter 119. of the Revised Code as may be necessary or       1,269        

desirable to DO ANY OR ALL OF THE FOLLOWING:                       1,270        

                                                          29     

                                                                 
      (a)  Govern the granting of variances and exemptions from    1,272        

rules adopted under this chapter, subject to requirements of the   1,273        

Safe Drinking Water Act;                                           1,274        

      (b)  Govern the certification of operators of public water   1,276        

systems, including establishment of qualifications according to a  1,277        

classification of public water systems, and OF provisions for      1,278        

examination, grounds for revocation, reciprocity with other        1,279        

states, RENEWAL OF CERTIFICATION, and other provisions necessary   1,280        

or desirable for assurance of proper operation of water systems;   1,282        

      (c)  Carry out the powers and duties of the director under   1,284        

Chapter 6109. of the Revised Code THIS CHAPTER.                    1,285        

      (2)  Provide a program for the general supervision of        1,287        

operation and maintenance of public water systems;                 1,288        

      (3)  Maintain an inventory of public water systems;          1,290        

      (4)  Adopt and implement a program for conducting sanitary   1,292        

surveys of public water systems;                                   1,293        

      (5)  Establish and maintain a system of record keeping and   1,295        

reporting of activities of the environmental protection agency     1,296        

under Chapter 6109. of the Revised Code THIS CHAPTER;              1,297        

      (6)  Establish and maintain a program for the certification  1,299        

of laboratories conducting analyses of drinking water;             1,300        

      (7)  Issue, modify, and revoke orders as necessary to carry  1,302        

out the director's powers and duties under Chapter 6109. of the    1,303        

Revised Code THIS CHAPTER and primary enforcement responsibility   1,304        

for public water systems under the "Safe Drinking Water Act".      1,306        

Orders issued under Chapter 6109. of the Revised Code THIS         1,307        

CHAPTER are subject to Chapter 119. of the Revised Code.           1,309        

      (C)(D)  Before adopting, amending, or rescinding a rule      1,311        

authorized by Chapter 6109. of the Revised Code THIS CHAPTER, the  1,313        

director shall DO ALL OF THE FOLLOWING:                                         

      (1)  Mail notice to each statewide organization that he THE  1,315        

DIRECTOR determines represents persons who would be affected by    1,316        

the proposed rule, amendment, or repeal RESCISSION at least        1,317        

thirty-five days before any public hearing thereon;                1,319        

                                                          30     

                                                                 
      (2)  Mail a copy of each proposed rule, amendment, or        1,321        

repeal RESCISSION to any person who requests a copy, within five   1,322        

days after receipt of the request;                                 1,324        

      (3)  Consult with appropriate state and local government     1,326        

agencies or their representatives, including statewide             1,327        

organizations of local government officials, industrial            1,328        

representatives, and other interested persons.  Although           1,329        

      ALTHOUGH the director is expected to discharge these duties  1,331        

diligently, failure to mail any such notice or copy, or to         1,332        

consult with any person does not invalidate any proceeding or      1,333        

action of the director.                                            1,334        

      Sec. 6109.07.  (A)  No person shall begin construction or    1,343        

installation of a public water system, or make a substantial       1,344        

change in a public water system, until plans therefor have been    1,345        

approved by the director of environmental protection under         1,346        

division (A)(1) or (2) of this section.                            1,347        

      (1)  Upon receipt of a proper application, the director      1,349        

shall consider the need for compliance with requirements of the    1,350        

Safe Drinking Water Act, and generally accepted standards for the  1,351        

construction and equipping of water systems, and shall issue an    1,352        

order approving or disapproving the plans.  In granting an         1,353        

approval, the director may stipulate conditions designed to        1,354        

ensure that the system will be able to meet the requirements of    1,355        

Chapter 6109. of the Revised Code THIS CHAPTER and rules adopted   1,356        

under it.                                                          1,357        

      (2)  The director may enter into an agreement with a         1,359        

political subdivision OR INVESTOR OWNED PUBLIC UTILITY that owns   1,360        

or operates a public water system and that intends to extend the   1,362        

distribution facilities of its system, to increase the number of   1,363        

service connections to its system, or to add distribution system   1,364        

pump stations or storage tanks in the distribution system, which   1,365        

agreement authorizes a qualified officer or employee of the        1,366        

political subdivision OR INVESTOR OWNED PUBLIC UTILITY, as         1,367        

determined by the director, to review plans for the extension of   1,368        

                                                          31     

                                                                 
the distribution facilities, the increase in the number of         1,369        

service connections, or the addition of distribution system pump   1,370        

stations or storage tanks in the distribution system for           1,371        

compliance with this chapter and the rules adopted under it and    1,372        

to certify to the director whether the plans comply with this      1,373        

chapter and the rules adopted under it.  If, pursuant to such an   1,374        

agreement, the official or employee of the political subdivision   1,375        

OR INVESTOR OWNED PUBLIC UTILITY designated in the agreement       1,376        

certifies to the director that the plans comply with this chapter  1,377        

and the rules adopted under it and if the plans and certification  1,378        

are accompanied by the applicable amount of the AN ADMINISTRATIVE  1,379        

SERVICE fee calculated in accordance with division (E) (N)(2) of   1,380        

section 3745.11 of the Revised Code, the director shall approve    1,381        

the plans without further review by issuance of an order as a      1,382        

final action.                                                      1,383        

      AS USED IN DIVISION (A)(2) OF THIS SECTION, "INVESTOR OWNED  1,387        

PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS  1,388        

A WATER-WORKS COMPANY, AS DEFINED IN SECTION 4905.03 OF THE        1,389        

REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL     1,391        

CORPORATION OR OPERATED NOT FOR PROFIT.                                         

      (B)  No person shall construct or install a public water     1,393        

system, or make any substantial change in a public water system,   1,394        

that is not in accordance with plans approved by the director.     1,395        

      (C)  No person shall operate a public water system, and no   1,397        

person who is an owner of a public water system shall permit its   1,398        

operation, if the person knows or has reason to know that the      1,399        

system was constructed or installed, or that a substantial change  1,400        

was made in the system, in violation of division (A) or (B) of     1,401        

this section, unless the person has obtained written               1,402        

authorization from the director to operate the system pursuant to  1,403        

division (D) of this section.                                      1,404        

      (D)  The director may issue a notice by certified mail to    1,406        

the operator or owner of a public water system that was            1,407        

constructed, installed, or changed in violation of this section,   1,408        

                                                          32     

                                                                 
informing the operator or owner of the violation.  The director    1,409        

may issue an order authorizing the operator or owner to operate    1,410        

for ninety days, and he THE DIRECTOR may by order extend BY ORDER  1,412        

the authorization for periods as may be necessary to allow the                  

owner or operator to submit plans, obtain their approval, and      1,414        

make such changes in the system as may be necessary to bring the   1,415        

system into compliance with the approved plans.                    1,416        

      Sec. 6109.22.  (A)  THERE IS HEREBY CREATED THE DRINKING     1,419        

WATER ASSISTANCE FUND TO PROVIDE FINANCIAL AND TECHNICAL           1,420        

ASSISTANCE FOR THE PURPOSES OF PROTECTING PUBLIC HEALTH AND        1,421        

ACHIEVING AND MAINTAINING COMPLIANCE WITH THE SAFE DRINKING WATER  1,424        

ACT AND THIS CHAPTER.  IN ADDITION TO THE ACCOUNTS CREATED UNDER   1,426        

DIVISIONS (G) AND (H) OF THIS SECTION, THE DRINKING WATER          1,429        

ASSISTANCE FUND MAY INCLUDE ANY OTHER ACCOUNTS ESTABLISHED BY THE  1,430        

DIRECTOR OF ENVIRONMENTAL PROTECTION.  THE FUND SHALL BE           1,431        

ADMINISTERED BY THE DIRECTOR CONSISTENT WITH THE SAFE DRINKING     1,434        

WATER ACT, THIS SECTION, AND RULES ADOPTED UNDER DIVISION (M) OF   1,436        

THIS SECTION.                                                      1,437        

      (B)  THE DRINKING WATER ASSISTANCE FUND SHALL CONSIST OF     1,440        

THE MONEYS CREDITED TO IT FROM ALL CAPITALIZATION GRANTS RECEIVED  1,441        

UNDER THE SAFE DRINKING WATER ACT EXCEPT FOR MONEYS RESERVED BY    1,446        

THE GOVERNOR PURSUANT TO TITLE III, SECTION 302 OF THAT ACT, ALL   1,447        

MONEYS CREDITED TO THE FUND FROM NONFEDERAL SOURCES, INCLUDING,    1,448        

WITHOUT LIMITATION, THE PROCEEDS OF STATE BONDS OR NOTES ISSUED    1,449        

FOR THE BENEFIT OF THE FUND, ALL PAYMENTS OF PRINCIPAL AND         1,450        

INTEREST ON LOANS MADE FROM THE FUND, AND ALL INVESTMENT EARNINGS  1,451        

ON MONEYS HELD IN THE FUND.  ON OR BEFORE THE DATE THAT A          1,452        

CAPITALIZATION GRANT PAYMENT MADE UNDER THE AUTHORITY OF THE SAFE  1,454        

DRINKING WATER ACT IS CREDITED TO THE FUND, REQUIRED MATCHING      1,458        

MONEYS SHALL BE CREDITED TO THE FUND.  ANY MONEYS TRANSFERRED TO   1,459        

OR RESERVED FROM THE DRINKING WATER ASSISTANCE FUND PURSUANT TO    1,460        

TITLE III, SECTION 302 OF THE SAFE DRINKING WATER ACT SHALL BE     1,465        

ACCOUNTED FOR SEPARATELY.                                          1,466        

      (C)  THE DIRECTOR MAY RESERVE AND AWARD FOR ASSISTANCE       1,469        

                                                          33     

                                                                 
MONEYS ALLOTTED TO THE STATE UNDER SECTION 1452 OF THE SAFE        1,471        

DRINKING WATER ACT, PROVIDED THAT THE DIRECTOR MAKES A             1,474        

DETERMINATION THAT THE USE OF THE MONEYS WILL ACCOMPLISH THE       1,475        

STATE'S OBJECTIVES AND THE OBJECTIVES ESTABLISHED FOR                           

CAPITALIZATION GRANTS UNDER THE SAFE DRINKING WATER ACT.           1,480        

      (D)  SUBJECT TO THE TERMS OF THE AGREEMENTS PROVIDED FOR IN  1,483        

DIVISION (E) OF THIS SECTION, MONEYS IN THE DRINKING WATER         1,485        

ASSISTANCE FUND SHALL BE HELD IN TRUST BY THE OHIO WATER           1,486        

DEVELOPMENT AUTHORITY FOR THE PURPOSES OF THIS SECTION, SHALL BE   1,487        

KEPT IN THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE KEPT       1,488        

UNDER SECTION 6121.11 OF THE REVISED CODE, AND MAY BE INVESTED IN  1,490        

THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE INVESTED UNDER     1,491        

SECTION 6121.12 OF THE REVISED CODE.  MONEYS IN THE DRINKING       1,493        

WATER ASSISTANCE FUND SHALL BE SEPARATE AND APART FROM AND NOT A   1,494        

PART OF THE STATE TREASURY OR OF THE OTHER FUNDS OF THE            1,495        

AUTHORITY.  NO WITHDRAWALS OR DISBURSEMENTS SHALL BE MADE FROM     1,496        

THE DRINKING WATER ASSISTANCE FUND WITHOUT THE WRITTEN             1,497        

AUTHORIZATION OF THE DIRECTOR.                                     1,498        

      (E)  THE DIRECTOR SHALL ENSURE THAT FISCAL CONTROLS ARE      1,501        

ESTABLISHED FOR PRUDENT ADMINISTRATION OF THE DRINKING WATER       1,502        

ASSISTANCE FUND.  FOR THAT PURPOSE, THE DIRECTOR AND THE           1,503        

AUTHORITY SHALL ENTER INTO ANY NECESSARY AND APPROPRIATE           1,504        

AGREEMENTS UNDER WHICH THE AUTHORITY MAY PERFORM OR PROVIDE ANY    1,505        

OF THE FOLLOWING:                                                               

      (1)  FISCAL CONTROLS AND ACCOUNTING PROCEDURES GOVERNING     1,507        

FUND BALANCES, RECEIPTS, AND DISBURSEMENTS;                        1,508        

      (2)  ADMINISTRATION OF LOAN ACCOUNTS;                        1,510        

      (3)  MAINTENANCE, MANAGEMENT, AND INVESTMENT OF MONEYS IN    1,512        

THE FUND.                                                          1,513        

      ANY AGREEMENT ENTERED INTO UNDER DIVISION (E) OF THIS        1,516        

SECTION SHALL PROVIDE FOR THE PAYMENT OF REASONABLE FEES TO THE    1,517        

AUTHORITY FOR ANY SERVICES IT PERFORMS UNDER THE AGREEMENT AND     1,518        

MAY PROVIDE FOR REASONABLE FEES FOR THE ASSISTANCE OF FINANCIAL    1,519        

OR ACCOUNTING ADVISORS.  PAYMENT OF ANY OF THE FEES TO THE         1,520        

                                                          34     

                                                                 
AUTHORITY MAY BE MADE FROM THE DRINKING WATER ASSISTANCE           1,521        

ADMINISTRATIVE ACCOUNT ESTABLISHED UNDER DIVISION (G) OF THIS      1,523        

SECTION.                                                                        

      (F)  THE AUTHORITY MAY MAKE MONEYS AVAILABLE TO THE          1,526        

DIRECTOR FOR THE PURPOSE OF PROVIDING MATCHING MONEYS REQUIRED TO  1,527        

BE CREDITED TO THE DRINKING WATER ASSISTANCE FUND UNDER DIVISION   1,528        

(B) OF THIS SECTION, SUBJECT TO ANY TERMS THAT THE DIRECTOR AND    1,530        

THE AUTHORITY CONSIDER APPROPRIATE, AND MAY PLEDGE MONEYS THAT     1,531        

ARE HELD BY THE AUTHORITY TO SECURE THE PAYMENT OF BONDS OR NOTES  1,532        

ISSUED BY THE AUTHORITY TO PROVIDE THOSE MATCHING MONEYS.          1,533        

      THE DIRECTOR AND THE AUTHORITY MAY ENTER INTO TRUST          1,535        

AGREEMENTS TO ENABLE THE AUTHORITY TO ISSUE AND REFUND BONDS OR    1,536        

NOTES FOR THE SOLE BENEFIT OF THE DRINKING WATER ASSISTANCE FUND,  1,538        

INCLUDING, WITHOUT LIMITATION, THE RAISING OF MATCHING MONEYS      1,539        

REQUIRED TO BE CREDITED TO THE FUND IN ACCORDANCE WITH DIVISION    1,540        

(B) OF THIS SECTION.  THE AGREEMENTS MAY AUTHORIZE THE PLEDGE OF   1,541        

MONEYS ACCRUING TO THE FUND FROM PAYMENTS OF PRINCIPAL OR          1,542        

INTEREST OR BOTH ON LOANS MADE FROM THE FUND TO SECURE BONDS OR    1,543        

NOTES, THE PROCEEDS OF WHICH BONDS OR NOTES SHALL BE FOR THE SOLE  1,544        

BENEFIT OF THE DRINKING WATER ASSISTANCE FUND.  THE AGREEMENTS     1,545        

MAY CONTAIN ANY TERMS THAT THE DIRECTOR AND THE AUTHORITY          1,546        

CONSIDER REASONABLE AND PROPER FOR THE PAYMENT AND SECURITY OF     1,547        

THE BONDHOLDERS OR NOTEHOLDERS.                                    1,548        

      (G)  THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER   1,551        

ASSISTANCE FUND THE DRINKING WATER ASSISTANCE ADMINISTRATIVE       1,552        

ACCOUNT.  THE DIRECTOR MAY ESTABLISH AND COLLECT FEES FROM         1,553        

APPLICANTS FOR ASSISTANCE PROVIDED UNDER THIS SECTION.  ALL        1,554        

MONEYS FROM THE FEES SHALL BE CREDITED TO THE DRINKING WATER       1,555        

ASSISTANCE ADMINISTRATIVE ACCOUNT IN THE FUND.  THE MONEYS SHALL   1,556        

BE USED SOLELY TO DEFRAY THE COSTS OF ADMINISTERING THIS SECTION.  1,557        

      (H)  THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER   1,560        

ASSISTANCE FUND THE WATER SUPPLY REVOLVING LOAN ACCOUNT.  THE      1,561        

DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE WATER SUPPLY    1,562        

REVOLVING LOAN ACCOUNT FOR IMPROVEMENTS TO COMMUNITY WATER         1,563        

                                                          35     

                                                                 
SYSTEMS AND TO NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS.        1,564        

      (I)  ALL MONEYS FROM THE FUND CREDITED TO THE WATER SUPPLY   1,567        

REVOLVING LOAN ACCOUNT, ALL INTEREST EARNED ON MONEYS CREDITED TO  1,568        

THE ACCOUNT, AND ALL PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS   1,569        

MADE FROM THE ACCOUNT SHALL BE DEDICATED IN PERPETUITY AND USED    1,570        

AND REUSED SOLELY FOR THE FOLLOWING PURPOSES, EXCEPT AS OTHERWISE  1,571        

PROVIDED IN THIS SECTION:                                          1,572        

      (1)  TO MAKE LOANS TO COMMUNITY WATER SYSTEMS AND NONPROFIT  1,575        

NONCOMMUNITY PUBLIC WATER SYSTEMS, SUBJECT TO ALL OF THE           1,576        

FOLLOWING CONDITIONS:                                                           

      (a)  THE LOANS ARE MADE AT OR BELOW MARKET RATES OF          1,578        

INTEREST, INCLUDING, WITHOUT LIMITATION, INTEREST-FREE LOANS;      1,580        

      (b)  EACH RECIPIENT OF A LOAN SHALL ESTABLISH A DEDICATED    1,583        

SOURCE OF SECURITY OR REVENUE FOR REPAYMENT OF THE LOAN;           1,584        

      (c)  ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THE LOANS     1,587        

SHALL BE CREDITED TO THE WATER SUPPLY REVOLVING LOAN ACCOUNT.      1,588        

      (2)  TO PURCHASE OR REFINANCE AT OR BELOW MARKET RATES       1,590        

INTEREST DEBT OBLIGATIONS INCURRED AFTER JULY 1, 1993, BY          1,592        

MUNICIPAL CORPORATIONS, OTHER POLITICAL SUBDIVISIONS, AND          1,593        

INTERSTATE AGENCIES HAVING TERRITORY IN THE STATE;                 1,594        

      (3)  TO GUARANTEE OR PURCHASE INSURANCE FOR DEBT             1,596        

OBLIGATIONS WHEN THE GUARANTEE OR INSURANCE WOULD IMPROVE THE      1,597        

BORROWER'S ACCESS TO CREDIT MARKETS OR WOULD REDUCE THE INTEREST   1,598        

PAID ON THOSE OBLIGATIONS;                                         1,599        

      (4)  AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT OF   1,602        

PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OR REVENUE BONDS OR   1,603        

NOTES ISSUED BY THIS STATE IF THE PROCEEDS OF THE SALE OF THE      1,604        

BONDS OR NOTES ARE OR WILL BE DEPOSITED INTO THE ACCOUNT;          1,605        

      (5)  TO PROVIDE SUBSIDIES IN ADDITION TO ANY OTHER           1,607        

FINANCIAL ASSISTANCE AFFORDED DISADVANTAGED COMMUNITIES UNDER      1,608        

THIS SECTION;                                                      1,609        

      (6) TO EARN INTEREST ON MONEYS CREDITED TO THE ACCOUNT;      1,612        

      (7)  TO PROVIDE ANY OTHER ASSISTANCE AUTHORIZED BY THE SAFE  1,615        

DRINKING WATER ACT.                                                1,618        

                                                          36     

                                                                 
      (J)  THE DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE  1,621        

WATER SUPPLY REVOLVING LOAN ACCOUNT AFTER DETERMINING ALL OF THE   1,622        

FOLLOWING:                                                                      

      (1)  THE APPLICANT FOR FINANCIAL ASSISTANCE HAS THE LEGAL,   1,624        

INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO CONSTRUCT,  1,626        

OPERATE, AND MAINTAIN ITS PUBLIC WATER SYSTEM AND THE PROPOSED     1,627        

IMPROVEMENTS TO IT;                                                             

      (2)  THE APPLICANT WILL IMPLEMENT A FINANCIAL MANAGEMENT     1,629        

PLAN THAT INCLUDES, WITHOUT LIMITATION, PROVISIONS FOR             1,630        

SATISFACTORY REPAYMENT OF THE FINANCIAL ASSISTANCE;                1,631        

      (3)  THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT FOR WHICH  1,634        

ASSISTANCE IS PROPOSED IS A PART IS ECONOMICALLY AND                            

NONMONETARILY COST-EFFECTIVE, BASED ON AN EVALUATION OF FEASIBLE   1,635        

ALTERNATIVES THAT MEET THE DRINKING WATER TREATMENT NEEDS OF THE   1,636        

PLANNING AREA IN WHICH THE PROPOSED PROJECT IS LOCATED;            1,637        

      (4)  BASED ON A COMPREHENSIVE ENVIRONMENTAL REVIEW APPROVED  1,640        

BY THE DIRECTOR, THERE ARE NO SIGNIFICANT ADVERSE ENVIRONMENTAL    1,641        

EFFECTS RESULTING FROM ALL NECESSARY IMPROVEMENTS TO THE PUBLIC    1,642        

WATER SYSTEM OF WHICH THE PROJECT PROPOSED FOR ASSISTANCE IS A     1,643        

PART;                                                                           

      (5)  PUBLIC PARTICIPATION HAS OCCURRED DURING THE PROCESS    1,645        

OF PLANNING THE PROJECT IN COMPLIANCE WITH APPLICABLE              1,646        

REQUIREMENTS UNDER THE SAFE DRINKING WATER ACT;                    1,650        

      (6)  THE APPLICATION MEETS THE REQUIREMENTS OF THIS SECTION  1,653        

AND RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION AND IS        1,654        

CONSISTENT WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT AND    1,659        

REGULATIONS ADOPTED UNDER IT;                                      1,660        

      (7)  THE APPLICATION MEETS ANY OTHER REQUIREMENTS THAT THE   1,662        

DIRECTOR CONSIDERS NECESSARY OR APPROPRIATE TO PROTECT PUBLIC      1,663        

HEALTH AND THE ENVIRONMENT AND TO ENSURE THE FINANCIAL INTEGRITY   1,664        

OF THE WATER SUPPLY REVOLVING LOAN ACCOUNT.                        1,665        

      UPON APPROVAL BY THE DIRECTOR OF AN APPLICATION FOR          1,667        

FINANCIAL ASSISTANCE, THE OHIO WATER DEVELOPMENT AUTHORITY SHALL   1,669        

DISBURSE THE APPROPRIATE FINANCIAL ASSISTANCE FROM THE WATER       1,670        

                                                          37     

                                                                 
SUPPLY REVOLVING LOAN ACCOUNT.  IF THE PROPOSED FINANCIAL          1,671        

ASSISTANCE IS A LOAN, AND IF THE PAYMENTS OF THE PRINCIPAL OR      1,672        

INTEREST ON THE LOAN ARE OR ARE EXPECTED TO BE PLEDGED TO SECURE   1,673        

PAYMENT OF BONDS ISSUED OR EXPECTED TO BE ISSUED BY THE            1,674        

AUTHORITY, THE DIRECTOR SHALL SUBMIT THE APPLICATION FOR THE LOAN  1,675        

TO THE AUTHORITY FOR REVIEW AND APPROVAL WITH RESPECT TO ANY       1,676        

MATTERS PERTAINING TO SECURITY FOR AND THE MARKETABILITY OF        1,677        

AUTHORITY BONDS.  REVIEW AND APPROVAL BY THE AUTHORITY SHALL BE    1,678        

REQUIRED PRIOR TO THE MAKING OF SUCH A LOAN.                       1,679        

      (K)  IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (M) OF  1,683        

THIS SECTION, THE DIRECTOR PERIODICALLY SHALL PREPARE A DRINKING   1,684        

WATER ASSISTANCE MANAGEMENT PLAN ESTABLISHING THE SHORT-TERM AND   1,685        

LONG-TERM GOALS FOR THE ASSISTANCE PROVIDED UNDER THIS SECTION,    1,686        

THE ALLOCATION OF AVAILABLE RESOURCES FOR THE PURPOSES OF THIS     1,687        

SECTION, THE ENVIRONMENTAL, FINANCIAL, AND ADMINISTRATIVE TERMS,   1,688        

CONDITIONS, AND CRITERIA FOR THE AWARD OF FINANCIAL AND TECHNICAL  1,689        

ASSISTANCE UNDER THIS SECTION, AND THE INTENDED USES OF            1,690        

CAPITALIZATION GRANTS AND AVAILABLE MONEYS FROM THE DRINKING       1,691        

WATER ASSISTANCE FUND.  THE DIRECTOR SHALL MAKE THE DRINKING       1,692        

WATER ASSISTANCE MANAGEMENT PLAN AVAILABLE FOR PUBLIC REVIEW       1,693        

PRIOR TO ADOPTION.                                                              

      THE PLAN SHALL INCLUDE WITHOUT LIMITATION, A SYSTEM THAT     1,695        

PRIORITIZES PROJECTS FUNDED BY THE WATER SUPPLY REVOLVING LOAN     1,696        

ACCOUNT BASED ON THE RELATIVE RISK TO HUMAN HEALTH BEING           1,697        

ADDRESSED, THEIR NECESSITY FOR ENSURING COMPLIANCE WITH            1,698        

REQUIREMENTS OF THE SAFE DRINKING WATER ACT, AND THEIR             1,702        

AFFORDABILITY TO THE APPLICANTS, AS DETERMINED BY THE DIRECTOR.    1,703        

FINANCIAL ASSISTANCE FOR PROJECTS FROM THE WATER SUPPLY REVOLVING  1,704        

LOAN ACCOUNT SHALL BE LIMITED TO PROJECTS THAT ARE INCLUDED IN     1,705        

THAT PRIORITIZATION AND SHALL BE AWARDED BASED UPON THEIR          1,706        

PRIORITY POSITION AND THE APPLICANTS' READINESS TO PROCEED WITH    1,707        

THEIR PROPOSED ACTIVITIES AS DETERMINED BY THE DIRECTOR.  THE      1,708        

DRINKING WATER ASSISTANCE MANAGEMENT PLAN SHALL INCLUDE TERMS,     1,709        

CONDITIONS, AMOUNTS OF MONEYS, AND QUALIFYING CRITERIA, IN         1,710        

                                                          38     

                                                                 
ADDITION TO ANY OTHER CRITERIA ESTABLISHED UNDER THIS SECTION,     1,711        

GOVERNING THE FINANCIAL ASSISTANCE TO BE AWARDED TO APPLICANTS     1,712        

FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT.  THE DIRECTOR SHALL  1,713        

DETERMINE THE MOST EFFECTIVE USE OF THE MONEYS IN THAT ACCOUNT TO  1,715        

ACHIEVE THE STATE'S DRINKING WATER ASSISTANCE GOALS AND                         

OBJECTIVES.                                                        1,716        

      (L)  THE DIRECTOR, CONSISTENT WITH THIS SECTION AND          1,719        

APPLICABLE RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION, MAY   1,721        

ENTER INTO AN AGREEMENT WITH AN APPLICANT FOR ASSISTANCE FROM THE  1,722        

DRINKING WATER ASSISTANCE FUND.  BASED ON THE DIRECTOR'S REVIEW    1,723        

AND APPROVAL OF THE PROJECT PLANS SUBMITTED UNDER SECTION 6109.07  1,724        

OF THE REVISED CODE, ANY DETERMINATIONS MADE UNDER DIVISION (J)    1,727        

OF THIS SECTION IF AN APPLICANT SEEKS FUNDING FROM THE WATER       1,728        

SUPPLY REVOLVING LOAN ACCOUNT, AND ANY OTHER REQUIREMENTS OF THIS  1,729        

SECTION AND RULES ADOPTED UNDER IT, THE DIRECTOR MAY ESTABLISH IN  1,731        

THE AGREEMENT ENVIRONMENTAL AND FINANCIAL TERMS AND CONDITIONS OF  1,732        

THE FINANCIAL ASSISTANCE TO BE OFFERED TO THE APPLICANT.  IF THE   1,733        

RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS SECTION DEFAULTS ON   1,734        

ANY PAYMENT REQUIRED IN THE AGREEMENT FOR FINANCIAL ASSISTANCE OR  1,735        

OTHERWISE VIOLATES A TERM OR CONDITION OF THE AGREEMENT OR OF THE  1,736        

PLAN APPROVAL FOR THE PROJECT UNDER SECTION 6109.07 OF THE         1,737        

REVISED CODE, THE DIRECTOR, IN ADDITION TO ANY OTHER AVAILABLE     1,739        

REMEDIES, MAY TERMINATE, SUSPEND, OR REQUIRE IMMEDIATE REPAYMENT   1,740        

OF THE FINANCIAL ASSISTANCE.  THE DIRECTOR ALSO MAY TAKE ANY       1,741        

ENFORCEMENT ACTION AVAILABLE UNDER THIS CHAPTER.                   1,742        

      (M)  THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH         1,745        

CHAPTER 119. OF THE REVISED CODE FOR THE IMPLEMENTATION AND        1,747        

ADMINISTRATION OF THIS SECTION.  THE RULES SHALL BE CONSISTENT     1,748        

WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT.                  1,752        

      (N)(1)  FOR THE PURPOSES OF THIS SECTION, APPEALABLE         1,755        

ACTIONS OF THE DIRECTOR PURSUANT TO SECTION 3745.04 OF THE         1,756        

REVISED CODE ARE LIMITED TO THE FOLLOWING:                         1,758        

      (a)  ADOPTION OF THE DRINKING WATER ASSISTANCE MANAGEMENT    1,761        

PLAN PREPARED UNDER DIVISION (K) OF THIS SECTION;                  1,762        

                                                          39     

                                                                 
      (b)  APPROVAL OF PRIORITY SYSTEMS, PRIORITY LISTS, AND       1,765        

WRITTEN PROGRAM ADMINISTRATION POLICIES;                                        

      (c)  APPROVAL OR DISAPPROVAL UNDER THIS SECTION OF           1,767        

APPLICANTS' PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 OF THE   1,768        

REVISED CODE;                                                      1,770        

      (d)  APPROVAL OR DISAPPROVAL OF AN APPLICATION FOR           1,773        

ASSISTANCE.                                                                     

      (2)  NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE,     1,777        

THE DIRECTOR MAY TAKE THE FINAL ACTIONS DESCRIBED IN DIVISIONS     1,779        

(N)(1)(a) TO (d) OF THIS SECTION WITHOUT HOLDING AN ADJUDICATION   1,781        

HEARING IN CONNECTION WITH THE ACTION AND WITHOUT FIRST ISSUING A  1,782        

PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED CODE.         1,784        

      (3)  EACH ACTION DESCRIBED IN DIVISIONS (N)(1)(a) TO (d) OF  1,788        

THIS SECTION AND EACH APPROVAL OF A PLAN UNDER SECTION 6109.07 OF  1,789        

THE REVISED CODE IS A SEPARATE AND DISCRETE ACTION OF THE          1,792        

DIRECTOR.  APPEALS ARE LIMITED TO THE ISSUES CONCERNING THE        1,793        

SPECIFIC ACTION APPEALED.  ANY APPEAL SHALL NOT INCLUDE ISSUES     1,794        

DETERMINED UNDER THE SCOPE OF ANY PRIOR ACTION.                    1,795        

      (O)  THE FAILURE OR INABILITY OF A PUBLIC WATER SYSTEM TO    1,798        

OBTAIN ASSISTANCE UNDER THIS SECTION DOES NOT ALTER THE            1,799        

OBLIGATION OF THE PUBLIC WATER SYSTEM TO COMPLY WITH ALL           1,800        

APPLICABLE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER    1,801        

IT.                                                                             

      Sec. 6109.23.  TO THE EXTENT PROVIDED BY THE SAFE DRINKING   1,806        

WATER ACT, THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ADOPT,     1,809        

AMEND, AND RESCIND RULES PURSUANT TO SECTION 6109.04 OF THE        1,811        

REVISED CODE PROVIDING FOR THE ADMINISTRATIVE ASSESSMENT AND       1,813        

COLLECTION OF MONETARY PENALTIES, PURSUANT TO THAT ACT, FOR        1,814        

FAILURE TO COMPLY WITH A DRINKING WATER STANDARD, COMPLIANCE OR    1,815        

MONITORING SCHEDULE, OR OTHER REQUIREMENT OF ANY LICENSE, RULE,    1,816        

ORDER, PLAN APPROVAL, OR VARIANCE ISSUED OR ADOPTED UNDER THIS     1,817        

CHAPTER OR RULES ADOPTED UNDER IT.  FOR PUBLIC WATER SYSTEMS       1,818        

SERVING POPULATIONS OF MORE THAN TEN THOUSAND, A MONETARY PENALTY  1,819        

ASSESSED UNDER THIS SECTION SHALL BE NOT LESS THAN ONE THOUSAND    1,820        

                                                          40     

                                                                 
DOLLARS FOR EACH DAY OF EACH VIOLATION.  FOR PUBLIC WATER SYSTEMS  1,822        

SERVING POPULATIONS OF TEN THOUSAND OR FEWER, THE RULES ADOPTED    1,823        

UNDER THIS SECTION SHALL ESTABLISH A METHODOLOGY FOR CALCULATING   1,824        

THE MONETARY PENALTY BASED ON THE SIZE OF THE SYSTEM, THE THREAT   1,825        

TO PUBLIC HEALTH PRESENTED BY THE FAILURE TO COMPLY, AND OTHER     1,826        

FACTORS THAT MAY BE NECESSARY TO ENSURE COMPLIANCE WITH THIS       1,827        

CHAPTER AND RULES ADOPTED UNDER IT.  FOR THE PURPOSES OF THIS      1,828        

SECTION, THE DIRECTOR MAY REQUIRE THE SUBMISSION OF COMPLIANCE     1,829        

SCHEDULES AND RELATED INFORMATION.                                 1,830        

      ANY ORDERS, PAYMENTS, SANCTIONS, OR OTHER REQUIREMENTS       1,833        

IMPOSED PURSUANT TO RULES ADOPTED UNDER THIS SECTION ARE IN        1,834        

ADDITION TO ANY OTHER ORDERS, PAYMENTS, SANCTIONS, OR              1,835        

REQUIREMENTS ISSUED OR IMPOSED UNDER THIS CHAPTER AND RULES        1,836        

ADOPTED UNDER IT AND SHALL NOT AFFECT ANY CIVIL OR CRIMINAL        1,837        

ENFORCEMENT PROCEEDINGS BROUGHT UNDER THIS CHAPTER, RULES ADOPTED  1,838        

UNDER IT, OR ANY OTHER STATE OR LOCAL LAW.  MONEYS COLLECTED       1,839        

PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DRINKING WATER   1,840        

PROTECTION FUND CREATED IN SECTION 6109.30 OF THE REVISED CODE.    1,842        

      Sec. 6109.24.  A PUBLIC WATER SYSTEM THAT IS A COMMUNITY     1,845        

WATER SYSTEM, OR THAT IS NOT A COMMUNITY WATER SYSTEM AND SERVES   1,846        

A NONTRANSIENT POPULATION, AND THAT PROPOSES TO COMMENCE           1,847        

PROVIDING WATER TO THE PUBLIC AFTER OCTOBER 1, 1999, SHALL         1,849        

INCLUDE WITH THE SUBMISSION OF PLANS REQUIRED UNDER SECTION        1,850        

6109.07 OF THE REVISED CODE DOCUMENTATION THAT DEMONSTRATES THE    1,853        

TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY OF THE SYSTEM TO   1,854        

COMPLY WITH THIS CHAPTER AND RULES ADOPTED UNDER IT.  THE          1,855        

DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL ADOPT, AND MAY AMEND    1,856        

AND RESCIND, RULES PURSUANT TO SECTION 6109.04 OF THE REVISED      1,859        

CODE ESTABLISHING REQUIREMENTS GOVERNING THE DEMONSTRATION OF      1,860        

TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY FOR THE PURPOSES   1,861        

OF THIS SECTION.                                                   1,862        

      THE DIRECTOR SHALL DENY APPROVAL OF PLANS SUBMITTED UNDER    1,865        

SECTION 6109.07 OF THE REVISED CODE IF THE PUBLIC WATER SYSTEM     1,868        

THAT SUBMITTED THE PLANS FAILS TO DO EITHER OF THE FOLLOWING:      1,869        

                                                          41     

                                                                 
      (A)  INCLUDE WITH THE PLANS THE DOCUMENTATION REQUIRED       1,872        

UNDER THIS SECTION;                                                1,873        

      (B)  DEMONSTRATE TECHNICAL, MANAGERIAL, AND FINANCIAL        1,876        

CAPABILITY IN ACCORDANCE WITH THIS SECTION AND RULES ADOPTED       1,877        

UNDER IT.                                                          1,878        

      Sec. 6111.14.  The director of environmental protection may  1,887        

enter into an agreement with a political subdivision OR INVESTOR   1,888        

OWNED PUBLIC UTILITY that owns or operates a disposal system and   1,889        

that intends to extend the sewerage lines of its disposal system   1,891        

or to increase the number of service connections to its sewerage   1,892        

system, which agreement authorizes a qualified official or         1,893        

employee of the political subdivision OR INVESTOR OWNED PUBLIC     1,894        

UTILITY, as determined by the director, to review plans for the    1,896        

extension of the sewerage system or increase in the number of                   

service connections for compliance with this chapter and the       1,897        

rules adopted under it and to certify to the director whether the  1,898        

plans comply with this chapter and the rules adopted under it.     1,899        

If, pursuant to such an agreement, the official or employee of     1,900        

the political subdivision OR INVESTOR OWNED PUBLIC UTILITY         1,901        

designated in the agreement certifies to the director that the     1,903        

plans comply with this chapter and the rules adopted under it and  1,904        

if the plans and certification are accompanied by the applicable   1,905        

amount of the AN ADMINISTRATIVE SERVICE fee calculated in          1,906        

accordance with division (C)(2) (L)(4) of section 3745.11 of the   1,907        

Revised Code, the director, by final action, shall approve the     1,908        

plans without further review.  The director or his THE DIRECTOR'S  1,909        

authorized representative may inspect the construction or          1,911        

installation of an extension of a sewerage system or additional    1,912        

service connections for which plans have been approved under this  1,913        

section.                                                                        

      The approval of plans by the director pursuant to this       1,915        

section constitutes the approval of the plans for the purposes of  1,916        

any rules adopted under division (E) of section 6111.03 of the     1,917        

Revised Code that require the approval of plans for extensions of  1,918        

                                                          42     

                                                                 
sewerage systems or increases in the number of service             1,919        

connections to sewerage systems.                                   1,920        

      AS USED IN THIS SECTION, "INVESTOR OWNED PUBLIC UTILITY"     1,923        

MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS A SEWAGE         1,924        

DISPOSAL SYSTEM COMPANY, AS DEFINED IN SECTION 4905.03 OF THE      1,925        

REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL     1,926        

CORPORATION OR OPERATED NOT FOR PROFIT.                                         

      Sec. 6121.01.  As used in this chapter:                      1,935        

      (A) "Beneficial use" means a use of water, including the     1,937        

method of diversion, storage, transportation, treatment, and       1,938        

application, that is reasonable and consistent with the public     1,939        

interest in the proper utilization of water resources, including,  1,940        

without limitation, domestic, agricultural, industrial, power,     1,941        

municipal, navigational, fish and wildlife, and recreational       1,942        

uses.                                                              1,943        

      (B)  "Governmental agencies" means departments, divisions,   1,945        

or other units of state government, watershed districts, soil and  1,946        

water conservation districts, municipal corporations, counties,    1,947        

townships, and other political subdivisions, special water         1,948        

districts, including county and regional sewer and water           1,949        

districts, conservancy districts, sanitary districts, sewer        1,950        

districts or any other public corporation or agency having the     1,951        

authority to acquire, construct, or operate waste water or water   1,952        

management facilities, the United States or any agency thereof,    1,953        

and any agency, commission, or authority established pursuant to   1,954        

an interstate compact or agreement.                                1,955        

      (C)  "Person" means any individual, firm, partnership,       1,957        

association, or corporation, or two or more or any combination     1,958        

thereof.                                                           1,959        

      (D)  "Waters of the state" means all streams, lakes, ponds,  1,961        

marshes, watercourses, waterways, wells, springs, irrigation       1,962        

systems, drainage systems, and all other bodies or accumulations   1,963        

of water, surface and underground, natural or artificial, which    1,964        

THAT are situated wholly or partly within, or border upon, this    1,965        

                                                          43     

                                                                 
state, or are within its jurisdiction, except those private        1,966        

waters which THAT do not combine or effect a junction with         1,967        

natural surface or underground waters.                             1,969        

      (E)  "Water resources" means all waters of the state         1,971        

occurring on the surface in natural or artificial channels,        1,972        

lakes, reservoirs, or impoundments, and underground in subsurface  1,973        

aquifers, which THAT are available or may be made available to     1,974        

agricultural, industrial, commercial, recreational, public, and    1,975        

domestic users.                                                    1,976        

      (F)  "Project" or "water development project" means any      1,978        

EITHER of the following:                                           1,979        

      (1)  Any waste water facility or water management facility,  1,981        

including undivided or other interests therein, acquired or        1,982        

constructed or to be acquired or constructed by the Ohio water     1,983        

development authority under this chapter, or acquired or           1,984        

constructed or to be acquired or constructed by a governmental     1,985        

agency or person with all or a portion of the cost thereof being   1,986        

paid from a loan or grant from the authority under this chapter,   1,987        

including all buildings and facilities which THAT the authority    1,988        

deems CONSIDERS necessary for the operation of the project,        1,989        

together with all property, rights, easements, and interest which  1,991        

THAT may be required for the operation of the project;             1,992        

      (2)  Any project or activity qualifying for financial        1,994        

assistance under section 6109.22, 6111.036, or 6111.037 of the     1,995        

Revised Code.                                                      1,996        

      (G)  "Pollution" means the placing of any noxious or         1,998        

deleterious substances in any waters of the state or otherwise     1,999        

affecting the waters or properties of any waters of the state,     2,000        

including the temperature or radioactivity thereof, in a manner    2,001        

which THAT is or renders such THE waters harmful or inimical to    2,003        

the public health, or to animal or aquatic life, or to the use of  2,004        

such THE waters for domestic water supply, industrial, or          2,005        

agricultural purposes, or recreation.                                           

      (H)  "Sewage" means any substance that contains any of the   2,007        

                                                          44     

                                                                 
waste products or excrementitious or other discharge from the      2,008        

bodies of human beings or animals, which AND THAT pollutes the     2,009        

waters of the state, or which THAT in the absence of a waste       2,011        

water facility would pollute or cause greater pollution of the     2,012        

waters of the state.                                               2,013        

      (I)  "Industrial waste" means any liquid, gaseous, or solid  2,015        

waste substance, heat, radioactivity, or radiation, resulting      2,016        

from any process of industry, manufacture, trade, or business, or  2,017        

from the development, processing, or recovery of any natural       2,018        

resource, together with such sewage as is present, which THAT      2,019        

pollutes the waters of the state, or which THAT in the absence of  2,021        

a waste water facility would pollute or cause greater pollution    2,023        

of the waters of the state.                                        2,024        

      (J)  "Waste water" means any water containing sewage or      2,026        

industrial waste or other pollutants or contaminants derived from  2,027        

the prior use of such THE water.                                   2,028        

      (K)  "Waste water facilities" means facilities, property,    2,030        

or the modification or replacement of property, for the purpose    2,031        

of treating, neutralizing, disposing of, stabilizing, dispersing,  2,032        

cooling, segregating, or holding waste water, or for the removal,  2,033        

reduction, containment, alteration, storage, or disposal of        2,034        

sewage or industrial waste or substances containing sewage or      2,035        

industrial waste, or FOR the prevention or reduction, or           2,036        

reduction of the concentration, of pollution of the waters of the  2,037        

state, including, without limitation, facilities for the           2,038        

withdrawal of waters of the state, facilities for the treatment    2,039        

and disposal of sewage or industrial waste and the residue         2,040        

thereof, facilities for the temporary or permanent impoundment of  2,041        

waste water, both surface and underground, and sanitary sewers     2,042        

and other systems, whether on the surface or underground,          2,043        

designed to transport waste water together with the equipment and  2,044        

furnishings thereof and their appurtenances and systems, whether   2,045        

on the surface or underground, including force mains and pumping   2,046        

facilities therefor when necessary, and facilities or              2,047        

                                                          45     

                                                                 
expenditures which THAT qualify as water pollution control         2,048        

facilities under Section 103(C) (4) (F) of the Internal Revenue    2,049        

Code of 1954, as amended, and regulations ADOPTED thereunder, and  2,050        

further ALSO includes any property or system to be used in whole   2,052        

or in part for any of the aforesaid FOREGOING purposes, whether    2,053        

or not another purpose is also served, and any property or system  2,055        

incidental to or which THAT has to do with or the end purpose of   2,057        

which is any of the foregoing.  Waste water facilities as defined  2,058        

in this division for industry, commerce, distribution, or          2,059        

research, including public utility companies, are hereby           2,060        

determined to be those which THAT qualify as facilities for the    2,062        

control of water pollution and thermal pollution related to water  2,063        

under Section 13 of Article VIII, Ohio Constitution.                            

      (L)  "Water management facilities" means facilities for the  2,065        

development, use, and protection of water resources, including,    2,066        

without limitation, facilities for water supply, facilities for    2,067        

stream flow improvement, dams, reservoirs, and other               2,068        

impoundments, water transmission lines, water wells and well       2,069        

fields, pumping stations and works for underground water           2,070        

recharge, facilities for the management and treatment of storm     2,071        

water, stream monitoring systems, facilities for the               2,072        

stabilization of stream and river banks, and facilities for the    2,073        

treatment of streams and rivers, including, without limitation,    2,074        

facilities for the removal of oil, debris, and other solid waste   2,075        

from the waters of the state and stream and river aeration         2,076        

facilities.                                                        2,077        

      (M)  "Cost" as applied to water development project means    2,079        

the cost of acquisition and construction, the cost of acquisition  2,080        

of all land, rights-of-way, property rights, easements, franchise  2,081        

rights, and interests required for such THAT acquisition and       2,082        

construction, the cost of demolishing or removing any buildings    2,083        

or structures on land so acquired, including the cost of           2,084        

acquiring any lands to which such THE buildings or structures may  2,086        

be moved, the cost of acquiring or constructing and equipping a    2,087        

                                                          46     

                                                                 
principal office and sub-offices of the authority, the cost of     2,088        

diverting highways, interchange of highways, OR access roads to    2,089        

private property, including the cost of land or easements          2,090        

therefor, the cost of all machinery, furnishings, and equipment,   2,091        

financing charges, interest prior to and during construction and   2,092        

for no more than eighteen months after completion of               2,093        

construction, engineering COSTS, expenses of research and          2,094        

development with respect to waste water or water management        2,095        

facilities, legal expenses, THE COST OF plans, specifications,     2,096        

AND surveys, estimates of cost and revenues, working capital,      2,098        

other expenses necessary or incident to determining the            2,099        

feasibility or practicability of acquiring or constructing any     2,100        

such project, administrative expense, and such other expense as    2,101        

may be necessary or incident to the acquisition or construction    2,102        

of the project, the financing of such THE acquisition or           2,103        

construction including the amount authorized in the resolution of  2,104        

the authority providing for the issuance of water development                   

revenue bonds to be paid into any special funds from the proceeds  2,105        

of such THE bonds, and the financing of the placing of any such    2,107        

project in operation.  Any obligation, cost, or expense incurred   2,108        

by any governmental agency or person for surveys, borings,         2,109        

preparation of plans and specifications, and other engineering     2,110        

services, or any other costs described above, in connection with   2,111        

the acquisition or construction of a project may be regarded as a  2,112        

part of the cost of such THE project and may be reimbursed out of  2,114        

the proceeds of water development revenue bonds as authorized by   2,115        

this chapter.                                                      2,116        

      (N)  "Owner" includes all individuals, copartnerships,       2,118        

associations, corporations, or governmental agencies having any    2,119        

title or interest in any property rights, easements, and           2,120        

interests authorized to be acquired by this chapter.               2,121        

      (O)  "Revenues" means all rentals and other charges for the  2,123        

use or services of any water development project, any gift or      2,124        

grant received with respect thereto, including, without            2,125        

                                                          47     

                                                                 
limitation, any moneys received by the authority pursuant to an    2,126        

agreement entered into under section 6109.22, 6111.036, or         2,127        

6111.037 of the Revised Code, any moneys received with respect to  2,129        

the lease, sublease, sale, including installment sale or           2,130        

conditional sale, or conditional sale, or other disposition of a   2,131        

project, moneys received in repayment of and for interest on any   2,132        

loan made by the authority to a person or governmental agency,     2,133        

whether from the United States or a department, administration,    2,134        

or agency thereof, or otherwise, proceeds of such bonds to the     2,135        

extent of THAT use thereof for payment of principal of, premium    2,138        

if any, or interest on the bonds is authorized by the authority,   2,139        

proceeds from any insurance, condemnation, or guaranty pertaining  2,140        

to a project or property mortgaged to secure bonds or pertaining   2,141        

to the financing of the project, and income and profit from the    2,142        

investment of the proceeds of water development revenue bonds or   2,143        

of any revenues.                                                                

      (P)  "Public roads" includes all public highways, roads,     2,145        

and streets in the state, whether maintained by the state,         2,146        

county, municipal corporation, township, or other political        2,147        

subdivision.                                                       2,148        

      (Q)  "Public utility facilities" includes tracks, pipes,     2,150        

mains, conduits, cables, wires, towers, poles, and other           2,151        

equipment and appliances of any public utility.                    2,152        

      (R)  "Construction," unless the context indicates a          2,154        

different meaning or intent, includes reconstruction,              2,155        

enlargement, improvement, or providing furnishings or equipment.   2,156        

      (S)  "Water development revenue bonds," unless the context   2,158        

indicates a different meaning or intent, includes water            2,159        

development revenue notes, water development revenue renewal       2,160        

notes, and water development revenue refunding bonds, except that  2,161        

notes issued in anticipation of the issuance of bonds shall have   2,162        

a maximum maturity of five years as provided in section 6121.06    2,163        

of the Revised Code and notes or renewal notes issued as the       2,164        

definitive obligation may be issued maturing at such time or       2,165        

                                                          48     

                                                                 
times as the authority determines with a maxmimum maturity of      2,166        

forty years from the date of issuance of the original note.        2,167        

      Sec. 6121.04.  The Ohio water development authority may DO   2,176        

ANY OR ALL OF THE FOLLOWING:                                       2,177        

      (A)  Adopt bylaws for the regulation of its affairs and the  2,179        

conduct of its business;                                           2,180        

      (B)  Adopt an official seal;                                 2,182        

      (C)  Maintain a principal office and suboffices at such      2,184        

places within the state as THAT it designates;                     2,185        

      (D)  Sue and plead in its own name;, AND be sued and         2,187        

impleaded in its own name with respect to its contracts or torts   2,189        

of its members, employees, or agents acting within the scope of    2,190        

their employment, or to enforce its obligations and covenants      2,191        

made under sections 6121.06, 6121.08, and 6121.13 of the Revised   2,192        

Code. Any such actions against the authority shall be brought in   2,193        

the court of common pleas of the county in which the principal     2,194        

office of the authority is located, or in the court of common      2,195        

pleas of the county in which the cause of action arose, provided   2,196        

such THAT THE county is located within this state, and all         2,197        

summonses, exceptions, and notices of every kind shall be served   2,198        

on the authority by leaving a copy thereof at the principal        2,199        

office with the person in charge thereof or with the               2,200        

secretary-treasurer of the authority.                              2,201        

      (E)  Make loans and grants to governmental agencies for the  2,203        

acquisition or construction of water development projects by any   2,204        

such governmental agency and adopt rules and procedures for        2,205        

making such loans and grants;                                      2,206        

      (F)  Acquire, construct, reconstruct, enlarge, improve,      2,208        

furnish, equip, maintain, repair, operate, OR lease or rent to,    2,209        

or contract for operation by, a governmental agency or person,     2,210        

water development projects, and establish rules for the use of     2,211        

such projects;                                                     2,212        

      (G)  Make available the use or services of any water         2,214        

development project to one or more persons, one or more            2,215        

                                                          49     

                                                                 
governmental agencies, or any combination thereof;                 2,216        

      (H)  Issue water development revenue bonds and notes and     2,218        

water development revenue refunding bonds of the state, payable    2,219        

solely from revenues as provided in section 6121.06 of the         2,220        

Revised Code, unless the bonds are refunded by refunding bonds,    2,221        

for the purpose of paying any part of the cost of one or more      2,222        

water development projects or parts thereof;                       2,223        

      (I)  Acquire by gift or purchase, hold, and dispose of real  2,225        

and personal property in the exercise of its powers and the        2,226        

performance of its duties under sections 6121.01 to 6121.22 of     2,227        

the Revised Code THIS CHAPTER;                                     2,228        

      (J)  Acquire, in the name of the state, by purchase or       2,230        

otherwise, on such terms and in such manner as it considers        2,231        

proper, or by the exercise of the right of condemnation in the     2,232        

manner provided by section 6121.18 of the Revised Code, such       2,233        

public or private lands, including public parks, playgrounds, or   2,234        

reservations, or parts thereof or rights therein, rights-of-way,   2,235        

property, rights, easements, and interests as it considers         2,236        

necessary for carrying out sections 6121.01 to 6121.22 of the      2,237        

Revised Code THIS CHAPTER, but excluding the acquisition by the    2,238        

exercise of the right of condemnation of any waste water facility  2,240        

or water management facility owned by any person or governmental   2,241        

agency, and compensation shall be paid for public or private       2,242        

lands so taken, except that a government owned waste water         2,243        

facility may be appropriated in accordance with section 6121.041   2,244        

of the Revised Code;                                               2,245        

      (K)  Adopt rules to protect augmented flow in waters of the  2,247        

state, to the extent augmented by a water development project,     2,248        

from depletion so it will be available for beneficial use, and to  2,249        

provide standards for the withdrawal from waters of the state of   2,250        

the augmented flow created by a water development project which    2,251        

THAT is not returned to the waters of the state so augmented and   2,252        

to establish reasonable charges therefor if considered necessary   2,253        

by the authority;                                                  2,254        

                                                          50     

                                                                 
      (L)  Make and enter into all contracts and agreements and    2,256        

execute all instruments necessary or incidental to the             2,257        

performance of its duties and the execution of its powers under    2,258        

this chapter; IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:       2,260        

      (1)  When the cost under any such contract or agreement,     2,262        

other than compensation for personal services, involves an         2,263        

expenditure of more than ten thousand dollars, the authority       2,264        

shall make a written contract with the lowest responsive and       2,265        

responsible bidder, in accordance with section 9.312 of the        2,266        

Revised Code, after advertisement for not less than two            2,267        

consecutive weeks in a newspaper of general circulation in         2,268        

Franklin county, and in such other publications as the authority   2,269        

determines, which notice shall state the general character of the  2,270        

work and the general character of the materials to be furnished,   2,271        

the place where plans and specifications therefor may be           2,272        

examined, and the time and place of receiving bids;, provided,     2,274        

that a contract or lease for the operation of a water development  2,275        

project constructed and owned by the authority or an agreement     2,276        

for cooperation in the acquisition or construction of a water      2,277        

development project pursuant to section 6121.13 of the Revised     2,278        

Code or any contract for the construction of a water development   2,279        

project that is to be leased by the authority to, and operated     2,280        

by, persons who are not governmental agencies and the cost of      2,281        

such THE project is to be amortized exclusively from rentals or    2,282        

other charges paid to the authority by persons who are not         2,284        

governmental agencies is not subject to the foregoing              2,285        

requirements and the authority may enter into such A contract or   2,286        

lease or such AN agreement pursuant to negotiation and upon such   2,288        

terms and conditions and for such period as it finds to be         2,289        

reasonable and proper in the circumstances and in the best         2,290        

interests of proper operation or of efficient acquisition or       2,291        

construction of such THE project.                                               

      (2)  Each bid for a contract for the construction,           2,293        

demolition, alteration, repair, or reconstruction of an            2,294        

                                                          51     

                                                                 
improvement shall contain the full name of every person            2,295        

interested in it and meets SHALL MEET the requirements of section  2,297        

153.54 of the Revised Code.                                        2,298        

      (3)  Each bid for a contract except as provided in division  2,300        

(L)(2) of this section shall contain the full name of every        2,301        

person or company interested in it and shall be accompanied by a   2,302        

sufficient bond or certified check on a solvent bank that if the   2,303        

bid is accepted, a contract will be entered into and the           2,304        

performance thereof secured.                                       2,305        

      (4)  The authority may reject any and all bids.              2,307        

      (5)  A bond with good and sufficient surety, approved by     2,309        

the authority, shall be required of every contractor awarded a     2,310        

contract except as provided in division (L)(2) of this section,    2,311        

in an amount equal to at least fifty per cent of the contract      2,312        

price, conditioned upon the faithful performance of the contract.  2,313        

      (M)  Employ managers, superintendents, and other employees   2,315        

and retain or contract with consulting engineers, financial        2,316        

consultants, accounting experts, architects, attorneys, and other  2,317        

consultants and independent contractors as are necessary in its    2,318        

judgment to carry out this chapter, and fix the compensation       2,319        

thereof.  All expenses thereof shall be payable solely from the    2,320        

proceeds of water development revenue bonds or notes issued under  2,321        

this chapter, from revenues, or from funds appropriated for such   2,322        

THAT purpose by the general assembly.                              2,323        

      (N)  Receive and accept from any federal agency, subject to  2,325        

the approval of the governor, grants for or in aid of the          2,326        

construction of any water development project or for research and  2,327        

development with respect to waste water or water management        2,328        

facilities, and receive and accept aid or contributions from any   2,329        

source of money, property, labor, or other things of value, to be  2,330        

held, used, and applied only for the purposes for which such THE   2,331        

grants and contributions are made;                                 2,332        

      (O)  Engage in research and development with respect to      2,334        

waste water or water management facilities;                        2,335        

                                                          52     

                                                                 
      (P)  Purchase fire and extended coverage and liability       2,337        

insurance for any water development project and for the principal  2,338        

office and suboffices of the authority, insurance protecting the   2,339        

authority and its officers and employees against liability for     2,340        

damage to property or injury to or death of persons arising from   2,341        

its operations, and any other insurance the authority may agree    2,342        

to provide under any resolution authorizing its water development  2,343        

revenue bonds or in any trust agreement securing the same;         2,344        

      (Q)  Charge, alter, and collect rentals and other charges    2,346        

for the use or services of any water development project as        2,347        

provided in section 6121.13 of the Revised Code;                   2,348        

      (R)  Provide coverage for its employees under sections       2,350        

4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of    2,351        

the Revised Code;                                                  2,352        

      (S)  Assist in the implementation and administration of the  2,354        

DRINKING WATER ASSISTANCE FUND AND PROGRAM CREATED IN SECTION      2,355        

6109.22 OF THE REVISED CODE AND THE water pollution control loan   2,356        

fund and program created in section 6111.036 of the Revised Code,  2,358        

including, without limitation, performing or providing fiscal      2,359        

management for the fund FUNDS and investing and disbursing moneys  2,360        

in the fund FUNDS, and may enter into all necessary and            2,362        

appropriate agreements with the director of environmental          2,363        

protection for such THOSE purposes;                                             

      (T)  Issue water development revenue bonds and notes of the  2,365        

state in such principal amounts as THAT are necessary for the      2,367        

purpose of raising moneys for the sole benefit of the water        2,368        

pollution control loan fund created in section 6111.036 of the     2,369        

Revised Code, including moneys to meet the requirement for         2,370        

providing matching moneys under division (D) of that section.      2,371        

The bonds and notes may be secured by appropriate trust            2,372        

agreements and repaid from moneys credited to the fund from        2,373        

payments of principal and interest on loans made from the fund,    2,374        

as provided in division (F) of section 6111.036 of the Revised     2,375        

Code.                                                                           

                                                          53     

                                                                 
      (U)  ISSUE WATER DEVELOPMENT REVENUE BONDS AND NOTES OF THE  2,377        

STATE IN PRINCIPAL AMOUNTS THAT ARE NECESSARY FOR THE PURPOSE OF   2,378        

RAISING MONEYS FOR THE SOLE BENEFIT OF THE DRINKING WATER          2,379        

ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE REVISED CODE,    2,382        

INCLUDING MONEYS TO MEET THE REQUIREMENT FOR PROVIDING MATCHING    2,383        

MONEYS UNDER DIVISIONS (B) AND (F) OF THAT SECTION.  THE BONDS     2,385        

AND NOTES MAY BE SECURED BY APPROPRIATE TRUST AGREEMENTS AND       2,386        

REPAID FROM MONEYS CREDITED TO THE FUND FROM PAYMENTS OF           2,387        

PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND, AS PROVIDED    2,388        

IN DIVISION (F) OF SECTION 6109.22 OF THE REVISED CODE.            2,391        

      (V)  Do all acts necessary or proper to carry out the        2,393        

powers expressly granted in this chapter.                          2,394        

      Sec. 6121.06.  (A)  The Ohio water development authority     2,403        

may, from time to time, MAY issue water development revenue bonds  2,405        

and notes of the state in such principal amount as, in the         2,406        

opinion of the authority, are necessary for the purpose of paying  2,407        

any part of the cost of one or more water development projects or  2,408        

parts thereof.  The authority may, from time to time, MAY issue    2,409        

renewal notes, issue bonds to pay such THOSE notes, and whenever   2,411        

it deems CONSIDERS refunding, including funding and retirement,    2,412        

expedient, refund any bonds by the issuance of water development   2,414        

revenue refunding bonds of the state, whether the bonds to be      2,415        

refunded have or have not matured, and issue bonds partly to       2,416        

refund bonds then outstanding, and partly for any other            2,417        

authorized purpose.  The refunding bonds may be issued in amounts  2,418        

sufficient for payment of the principal amount of the bonds to be  2,419        

so refunded, any redemption premiums thereon, principal            2,420        

maturities of any bonds maturing prior to the redemption of the    2,421        

bonds to be so refunded, interest accrued or to accrue to the      2,422        

maturity dates or dates of redemption of such THE bonds, and any   2,423        

expenses incurred or to be incurred in connection with such THE    2,424        

refunding, funding, and retirement and issuance of the bonds.      2,425        

Except                                                                          

      EXCEPT as may otherwise be expressly provided by the         2,428        

                                                          54     

                                                                 
authority, every issue of its bonds or notes shall be general      2,429        

obligations of the authority payable out of the revenues of the    2,430        

authority, which are pledged for such THAT payment, without        2,431        

preference or priority of the first bonds issued, subject only to  2,432        

any agreements with the holders of particular bonds or notes       2,433        

pledging any particular revenues.  The pledge shall be valid and   2,434        

binding from the time the pledge is made, and the revenues so      2,435        

pledged and thereafter received by the authority shall             2,436        

immediately SHALL be subject to the lien of that pledge without    2,438        

any physical delivery thereof or further act, and the lien of any  2,439        

such pledge is valid and binding as against all parties having     2,440        

claims of any kind in tort, contract, or otherwise against the     2,441        

authority, irrespective of whether such THE parties have notice    2,443        

thereof.  Neither the resolution nor any trust agreement by which  2,444        

a pledge is created need be filed or recorded except in the        2,445        

records of the authority.                                                       

      Whether or not the bonds or notes are of such form and       2,447        

character as to be negotiable instruments, the bonds or notes      2,448        

shall have all the qualities and incidents of negotiable           2,449        

instruments, subject only to the provisions of the bonds or notes  2,450        

for registration.                                                  2,451        

      The bonds and notes shall be authorized by resolution of     2,453        

the authority, shall bear such date or dates, and shall mature at  2,454        

such time or times, in the case of any such note or any renewals   2,455        

thereof not exceeding five years from the date of issue of the     2,456        

original note, and in the case of any such bond not exceeding      2,457        

forty years from the date of issue, as such THE resolution or      2,458        

resolutions may provide.  The bonds and notes shall bear interest  2,459        

at such rate or rates, be in such denominations, be in such form,  2,460        

either coupon or registered, carry such registration privileges,   2,461        

be payable in such medium of payment, at such place or places,     2,462        

and be subject to such terms of redemption as the authority may    2,463        

authorize.  The bonds and notes of the authority may be sold by    2,464        

the authority, at public or private sale, at or not less than      2,465        

                                                          55     

                                                                 
such price or prices as the authority determines.  The             2,466        

      THE bonds and notes shall be executed by the chairman        2,469        

CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the authority,   2,471        

either or both of whom may use a facsimile signature, the          2,472        

official seal of the authority or a facsimile thereof shall be     2,473        

affixed thereto or printed thereon and attested, manually or by    2,474        

facsimile signature, by the secretary-treasurer of the authority,  2,475        

and any coupons attached thereto shall bear the signature or       2,476        

facsimile signature of the chairman CHAIRPERSON of the authority.  2,477        

In case IF any officer whose signature, or a facsimile of whose    2,479        

signature, appears on any bonds, notes, or coupons ceases to be    2,480        

such an officer before delivery of THE bonds or notes, his THE     2,481        

OFFICER'S signature or facsimile is nevertheless sufficient for    2,482        

all purposes the same as if he THE OFFICER had remained in office  2,483        

until such THE delivery, and in case IF the seal of the authority  2,485        

has been changed after a facsimile has been imprinted on such ANY  2,486        

bonds or notes, such THE facsimile seal will continue CONTINUES    2,487        

to be sufficient for all purposes.                                 2,489        

      Any resolution or resolutions authorizing any bonds or       2,491        

notes or any issue thereof may contain provisions, subject to      2,492        

such agreements with bondholders or noteholders as may then exist  2,494        

THEN, which provisions shall be a part of the contract with the                 

holders thereof, as to:  pledging all or any part of the revenues  2,495        

of the authority to secure the payment of the bonds or notes or    2,496        

of any issue thereof; the use and disposition of revenues of the   2,497        

authority; a covenant to fix, alter, and collect rentals and       2,498        

other charges so that pledged revenues will be sufficient to pay   2,499        

costs of operation, maintenance, and repairs, pay principal of     2,500        

and interest on bonds or notes secured by the pledge of such THE   2,501        

revenues, and provide such reserves as may be required by the      2,502        

applicable resolution or trust agreement; the setting aside of     2,503        

reserve funds, sinking funds, or replacement and improvement       2,504        

funds and the regulation and disposition thereof; the crediting    2,505        

of the proceeds of the sale of bonds or notes to and among the     2,506        

                                                          56     

                                                                 
funds referred to or provided for in the resolution authorizing    2,507        

the issuance of the bonds or notes; the use, lease, sale, or       2,508        

other disposition of any water development project or any other    2,509        

assets of the authority; limitations on the purpose to which the   2,510        

proceeds of sale of bonds or notes may be applied and pledging     2,511        

such THE proceeds to secure the payment of the bonds or notes or   2,512        

of any issue thereof; with regard to notes issued in anticipation  2,514        

of the issuance of bonds, the agreement of the authority to do     2,515        

all things necessary for the authorization, issuance, and sale of  2,516        

such THE bonds in such amounts as may be necessary for the timely  2,518        

retirement of such THE notes; limitations on the issuance of       2,519        

additional bonds or notes; the terms upon which additional bonds   2,520        

or notes may be issued and secured; the refunding of outstanding   2,521        

bonds or notes; the procedure, if any, by which the terms of any   2,522        

contract with bondholders or noteholders may be amended or         2,523        

abrogated, the amount of bonds or notes the holders of which must  2,524        

consent thereto, and the manner in which such THAT consent may be  2,526        

given; limitations on the amount of moneys to be expended by the   2,527        

authority for operating, administrative, or other expenses of the  2,528        

authority; securing any bonds or notes by a trust agreement in     2,529        

accordance with section 6121.11 of the Revised Code; and any       2,530        

other matters, of like or different character, which THAT in any   2,531        

way affect the security or protection of the bonds or notes.       2,533        

      (B)  An action taken under this division does not limit the  2,535        

generality of division (A) of this section.                        2,536        

      A resolution authorizing the issuance of bonds or notes by   2,538        

the authority to provide all or a portion of the state's match     2,539        

for federal capitalization grants under Title VI of the "Clean     2,540        

Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, as amended,   2,541        

to the water pollution control loan fund created in section        2,542        

6111.036 of the Revised Code, OR FOR FEDERAL CAPITALIZATION        2,543        

GRANTS UNDER TITLE I OF THE "SAFE DRINKING WATER ACT AMENDMENTS    2,550        

OF 1996," 110 STAT. 1613, 42 U.S.C.A. 300(F), AS AMENDED, TO THE   2,553        

DRINKING WATER ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE   2,554        

                                                          57     

                                                                 
REVISED CODE, and establishing a reserve fund IN EITHER CASE for   2,556        

the payment of the principal of and interest on such THE bonds or  2,557        

notes may include, in the event that the revenues primarily        2,558        

pledged and required to be used for such payments are              2,559        

insufficient to make any such THE payment in full when due, a      2,560        

covenant of the director of environmental protection that if the   2,561        

principal of or interest on any such bonds or notes is paid with   2,562        

moneys drawn from such a reserve fund, the director shall so       2,564        

notify the governor, and shall determine to what extent, if any,                

the moneys so drawn may be restored to the reserve fund from       2,567        

available moneys previously appropriated to the environmental      2,568        

protection agency.  The covenant also shall provide that if the    2,569        

moneys so drawn are not immediately and fully restored to the      2,570        

reserve fund from such available moneys, the director shall        2,571        

promptly submit to the governor and to the director of budget and  2,572        

management a written request for either or both of the following:  2,573        

      (1)  That the next biennial budget submitted by the          2,575        

governor to the general assembly include an amount to be           2,576        

appropriated to the environmental protection agency sufficient     2,577        

for the full replenishment of the reserve fund;                    2,578        

      (2)  That the general assembly be requested to increase      2,580        

appropriations for the environmental protection agency in the      2,581        

current biennium sufficient for the full replenishment of the      2,582        

reserve fund.                                                      2,583        

      The director shall include with such requests a              2,585        

recommendation that the replenishment of the reserve fund be made  2,586        

in the interest of maximizing the state's entitlements to federal  2,587        

funds under Title VI of the "Clean Water Act of 1977," 91 Stat.    2,588        

1566, 33 U.S.C.A. 1251, as amended, OR UNDER TITLE I OF THE "SAFE  2,591        

DRINKING WATER ACT AMENDMENTS OF 1996," 110 STAT. 1613, 42         2,597        

U.S.C.A. 300(f), AS AMENDED, AS APPLICABLE, thereby also           2,599        

maximizing the benefits of the water pollution control loan fund   2,600        

OR THE DRINKING WATER ASSISTANCE FUND, AS APPLICABLE, to the       2,601        

political subdivisions that pay the cost of wastewater treatment   2,602        

                                                          58     

                                                                 
projects OR DRINKING WATER PROJECTS with low-cost loans from that  2,603        

fund THOSE FUNDS.  Any such covenant shall not obligate or         2,605        

purport to obligate the state to pay the principal of or interest  2,606        

on such THE bonds or notes or to deposit moneys in a reserve fund  2,608        

established for such THOSE payments other than from moneys         2,610        

lawfully appropriated for that purpose during the then-current     2,611        

biennium.                                                                       

      (C)  Neither the members of the authority nor any person     2,613        

executing bonds or notes under this section shall be IS liable     2,614        

personally on the bonds or notes or be IS subject to any personal  2,616        

liability or accountability by reason of the issuance thereof.     2,617        

      Section 2.  That existing sections 3745.11, 6103.22,         2,619        

6109.01, 6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06  2,620        

of the Revised Code are hereby repealed.                           2,621