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
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(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