As Reported by the House Energy and Environment Committee      1            

122nd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 321  5            

      1997-1998                                                    6            


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

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

     PRINGLE-REID-SAWYER-SCHULER-STAPLETON-SULZER-THOMPSON-        10           

                WILSON-LOGAN-ROBERTS-WESTON-CATES                  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   19           

                and implement a drinking water assistance loan     20           

                program consistent with the federal Safe Drinking  21           

                Water Act Amendments of 1996 and to receive and    22           

                disburse federal capitalization  grant moneys for  23           

                the purposes of that program, and to make other    24           

                changes in the state's safe drinking water         25           

                program in accordance  with that act.              26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 3745.11, 6103.22, 6109.01,         30           

6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 be        31           

amended and sections 6109.22, 6109.23, and 6109.24 of the Revised  32           

Code be enacted to read as follows:                                33           

      Sec. 3745.11.  (A)  Applicants for and holders of permits,   42           

licenses, variances, plan approvals, and certifications issued by  43           

the director of environmental protection pursuant to Chapters      44           

3704., 3734., 6109., and 6111. of the Revised Code shall pay a     45           

fee to the environmental protection agency for each such issuance  46           

and each application for an issuance as provided by this section.  47           

                                                          2      

                                                                 
No fee shall be charged for any issuance for which no application  48           

has been submitted to the director.                                49           

      (B)  Prior to January 1, 1994, each person issued a permit   51           

to operate, variance, or permit to install under section 3704.03   52           

of the Revised Code shall pay the fees specified in the following  53           

schedule:                                                          54           

      (1)  Fuel-Burning Equipment                                  56           

Input capacity                                                     58           

(million British     Permit                            Permit      59           

thermal units          to                                to        61           

per hour)           operate          Variance         install      64           

0 or more, but                                                     67           

   less than 10        $ 75              $225           $ 100                   

10 or more, but                                                    68           

   less than 100        210               450             390                   

100 or more, but                                                   69           

   less than 300        270               675             585                   

300 or more, but                                                   70           

   less than 500        330               900             780                   

500 or more             500               975            1000      71           

      Any fuel-burning equipment using only natural gas, propane,  74           

liquefied petroleum gas, or number two or lighter fuel oil shall   75           

be assessed a fee one-half of that shown.                          76           

      (2)  Incinerators                                            78           

Input capacity       Permit                            Permit      81           

(pounds per            to                                to        83           

hour)               operate          VARIANCE         install      87           

0 to 50                $ 50              $225           $  65      90           

51 to 500               210               450             390      91           

501 to 2000             270               675             585      92           

2001 to 30,000          330               900             780      93           

more than 30,000        500               975            1000      94           

      (3)  Process                                                 97           

Process weight       Permit                            Permit      100          

                                                          3      

                                                                 
     rate              to                                to        101          

(pounds per hour)   operate          Variance         install      104          

0 to 1000              $100              $225           $ 200      107          

1001 to 5000            210               450             390      108          

5001 to 10,000          270               675             585      109          

10,001 to 50,000        330               900             780      110          

more than 50,000        500               975            1000      111          

      In any process where process weight rate cannot be           114          

ascertained, the minimum fee shall be assessed.                    115          

      (4)  Storage tanks                                           117          

Gallons                 Permit to                  Permit to       120          

(capacity)               operate       Variance     install        122          

less than 40,000           $150            $225       $ 195        125          

40,000 or more, but                                                126          

   less than 100,000        210             450         390                     

100,000 or more, but                                               127          

   less than 400,000        270             675         585                     

400,000 or more, but                                               128          

   less than                                                                    

   1,000,000                330             900         780                     

1,000,000 or more           500             975        1000        129          

      (5)  Gasoline                                                132          

Gasoline dispensing     Permit to                  Permit to       135          

facilities               operate       Variance     install        137          

For each gasoline                                                  140          

   dispensing                                                                   

   facility                 $20            $100         $50                     

      (6)  Dry cleaning                                            143          

Dry cleaning            Permit to                  Permit to       146          

facilities               operate       Variance     install        148          

For each dry                                                       151          

   cleaning facility        $50            $200        $100                     

      (7)  Coal mining operations regulated under Chapter 1513.    154          

of the Revised Code shall be assessed a fee of two hundred fifty   155          

                                                          4      

                                                                 
dollars per mine or location.                                      156          

      (C)(1)  Except as otherwise provided in division (C)(2) of   158          

this section, beginning July 1, 1994, each person who owns or      159          

operates an air contaminant source and who is required to apply    160          

for and obtain a Title V permit under section 3704.036 of the      161          

Revised Code shall pay the fees set forth in division (C)(1) of    162          

this section.  For the purposes of that division, total emissions  163          

of air contaminants may be calculated using engineering            164          

calculations, emissions factors, material balance calculations,    165          

or performance testing procedures, as authorized by the director.  166          

      The following fees shall be assessed on the total actual     168          

emissions from a source in tons per year of the regulated          169          

pollutants particulate matter, sulfur dioxide, nitrogen oxides,    170          

organic compounds, and lead:                                       171          

      (a)  Fifteen dollars per ton on the total actual emissions   173          

of each such regulated pollutant during the period July through    174          

December 1993, to be collected no sooner than July 1, 1994;        175          

      (b)  Twenty dollars per ton on the total actual emissions    177          

of each such regulated pollutant during calendar year 1994, to be  178          

collected no sooner than April 15, 1995;                           179          

      (c)  Twenty-five dollars per ton on the total actual         181          

emissions of each such regulated pollutant in calendar year 1995,  182          

and each subsequent calendar year, to be collected no sooner than  183          

the fifteenth day of April of the year next succeeding the         184          

calendar year in which the emissions occurred.                     185          

      The fees levied under division (C)(1) of this section do     187          

not apply to that portion of the emissions of a regulated          188          

pollutant at a facility that exceed four thousand tons during a    189          

calendar year.                                                     190          

      (2)  The fees assessed under division (C)(1) of this         192          

section are for the purpose of providing funding for the Title V   193          

permit program.                                                    194          

      (3)  The fees assessed under division (C)(1) of this         196          

section do not apply to emissions from any electric generating     197          

                                                          5      

                                                                 
unit designated as a Phase I unit under Title IV of the federal    198          

Clean Air Act prior to calendar year 2000.  Those fees shall be    199          

assessed on the emissions from such a generating unit commencing   200          

in calendar year 2001 based upon the total actual emissions from   201          

the generating unit during calendar year 2000.                     202          

      (4)  The director shall issue invoices to owners or          204          

operators of air contaminant sources who are required to pay a     205          

fee assessed under division (C) or (D) of this section.  Any such  206          

invoice shall be issued no sooner than the applicable date when    207          

the fee first may be collected in a year under the applicable      208          

division, shall identify the nature and amount of the fee          209          

assessed, and shall indicate that the fee is required to be paid   210          

within thirty days after the issuance of the invoice.              211          

      (D)  Beginning January 1, 1994, each person who owns or      213          

operates an air contaminant source; who is required to apply for   214          

a permit to operate pursuant to rules adopted under division (G),  215          

or a variance pursuant to division (H), of section 3704.03 of the  216          

Revised Code; and who is not required to apply for and obtain a    217          

Title V permit under section 3704.036 of the Revised Code shall    218          

pay a single fee based upon the sum of the actual annual           219          

emissions from the facility of the regulated pollutants            220          

particulate matter, sulfur dioxide, nitrogen oxides, organic       222          

compounds, and lead in accordance with the following schedule:     223          

      Total tons per year                                          225          

      of regulated pollutants                Annual fee            226          

      emitted                               per facility           227          

      More than 0, but less than 50             $ 75               230          

      50 or more, but less than 100              300               231          

      100 or more                                700               232          

      The fees assessed under this division shall be collected     235          

annually no sooner than the fifteenth day of April, commencing in  236          

1995.  The fee assessed under this division in a calendar year     237          

shall be based upon the sum of the actual emissions of those       238          

regulated pollutants during the preceding calendar year.  For the  239          

                                                          6      

                                                                 
purpose of this division, emissions of air contaminants may be     240          

calculated using engineering calculations, emission factors,       241          

material balance calculations, or performance testing procedures,  242          

as authorized by the director.  The director, by rule, may         243          

require persons who are required to pay the fees assessed under    244          

this division to pay those fees biennially rather than annually.   245          

      (E)(1)  Consistent with the need to cover the reasonable     247          

costs of the Title V permit program, the director annually shall   248          

increase the fees prescribed in division (C)(1) of this section    249          

by the percentage, if any, by which the consumer price index for   250          

the most recent calendar year ending before the beginning of a     251          

year exceeds the consumer price index for calendar year 1989.      252          

Upon calculating an increase in fees authorized by this division   253          

(E)(1) OF THIS SECTION, the director shall compile revised fee     255          

schedules for the purposes of that division (C)(1) OF THIS         257          

SECTION and shall make the revised schedules available to persons  259          

required to pay the fees assessed under that division and to the   260          

public.                                                                         

      (2)  For the purposes of division (E)(1) of this section:    262          

      (a)  The consumer price index for any year is the average    264          

of the consumer price index for all urban consumers published by   265          

the United States department of labor as of the close of the       266          

twelve-month period ending on the thirty-first day of August of    267          

that year;                                                         268          

      (b)  If the 1989 consumer price index is revised, the        270          

director shall use the revision of the consumer price index that   271          

is most consistent with that for calendar year 1989.               272          

      (F)  Each person who is issued a permit to install pursuant  274          

to rules adopted under division (F) of section 3704.03 of the      275          

Revised Code on or after January 1, 1994, shall pay the fees       276          

specified in the following schedules:                              277          

(1)  Fuel-burning equipment (boilers)                              279          

Input capacity (maximum)                                           281          

(million British thermal units per       Permit to install         282          

                                                          7      

                                                                 
hour)                                                                           

Greater than 0, but less than 10               $ 200               283          

10 or more, but less than 100                    400               284          

100 or more, but less than 300                   800               285          

300 or more, but less than 500                  1500               286          

500 or more, but less than 1000                 2500               287          

1000 or more, but less than 5000                4000               288          

5000 or more                                    6000               289          

      Units burning exclusively natural gas, number two fuel oil,  292          

or both shall be assessed a fee that is one-half the applicable    293          

amount shown in division (F)(1) of this section.                   294          

(2)  Incinerators                                                  296          

Input capacity (pounds per hour)         Permit to install         298          

0 to 100                                       $ 100               299          

101 to 500                                       400               300          

501 to 2000                                      750               301          

2001 to 20,000                                  1000               302          

more than 20,000                                2500               303          

(3)(a)  Process                                                    306          

Process weight rate (pounds per          Permit to install         308          

hour)                                                                           

0 to 1000                                      $ 200               309          

1001 to 5000                                     400               310          

5001 to 10,000                                   600               311          

10,001 to 50,000                                 800               312          

more than 50,000                                1000               313          

      In any process where process weight rate cannot be           316          

ascertained, the minimum fee shall be assessed.                    317          

      (b)  Notwithstanding division (F)(3)(a) of this section,     319          

any person issued a permit to install pursuant to rules adopted    320          

under division (F) of section 3704.03 of the Revised Code shall    321          

pay the fees set forth in division (F)(3)(c) of this section for   322          

a process used in any of the following industries, as identified   323          

by the applicable four-digit standard industrial classification    324          

                                                          8      

                                                                 
code according to the Standard Industrial Classification Manual    325          

published by the United States office of management and budget in  326          

the executive office of the president, 1972, as revised:           327          

      1211  Bituminous coal and lignite mining;                    329          

      1213  Bituminous coal and lignite mining services;           331          

      1411  Dimension stone;                                       333          

      1422  Crushed and broken limestone;                          335          

      1427  Crushed and broken stone, not elsewhere classified;    337          

      1442  Construction sand and gravel;                          339          

      1446  Industrial sand;                                       341          

      3281  Cut stone and stone products;                          343          

      3295  Minerals and earth, ground or otherwise treated.       345          

      (c)  The fees set forth in the following schedule apply to   347          

the issuance of a permit to install pursuant to rules adopted      348          

under division (F) of section 3704.03 of the Revised Code for a    349          

process identified in division (F)(3)(b) of this section:          350          

      Process weight rate                Permit to install         352          

      (pounds per hour)                                                         

      0 to 10,000                               $200               353          

      10,001 to 50,000                           300               354          

      50,001 to 100,000                          400               355          

      100,001 to 200,000                         500               356          

      200,001 to 400,000                         600               357          

      400,001 or more                            700               358          

(4)  Storage tanks                                                 361          

      Gallons (maximum useful            Permit to install         363          

      capacity)                                                                 

      0 to 20,000                               $100               364          

      20,001 to 40,000                           150               365          

      40,001 to 100,000                          200               366          

      100,001 to 250,000                         250               367          

      250,001 to 500,000                         350               368          

      500,001 to 1,000,000                       500               369          

      1,000,001 or greater                       750               370          

                                                          9      

                                                                 
(5)  Gasoline/fuel dispensing facilities                           373          

      For each gasoline/fuel             Permit to install         375          

      dispensing facility                                                       

       (includes all units at                   $100               376          

      the facility)                                                             

(6)  Dry cleaning facilities                                       379          

      For each dry cleaning              Permit to install         381          

      facility                                                                  

      (includes all units at                    $100               382          

      the facility)                                                             

(7)  Registration status                                           385          

                                         Permit to install         387          

      For each source covered                                      388          

      by registration status                     $75                            

      (G)  An owner or operator who is responsible for an          391          

asbestos demolition or renovation project pursuant to rules        392          

adopted under section 3704.03 of the Revised Code shall pay the    393          

fees set forth in the following schedule:                          394          

            Action                                Fee              396          

      Each notification                           $75              397          

      Asbestos removal                        $3/unit              398          

      Asbestos cleanup                     $4/cubic yard           399          

For purposes of this division, a "unit" means any combination of   403          

linear feet or square feet equal to fifty.                         404          

      (H)  A person who is issued an extension of time for a       406          

permit to install an air contaminant source pursuant to rules      407          

adopted under division (F) of section 3704.03 of the Revised Code  408          

shall pay a fee equal to one-half the fee originally assessed for  409          

the permit to install under this section, except that the fee for  410          

such an extension shall not exceed two hundred dollars.            411          

      (I)  A person who is issued a modification to a permit to    413          

install an air contaminant source pursuant to rules adopted under  414          

section 3704.03 of the Revised Code shall pay a fee equal to       415          

one-half of the fee that would be assessed under this section to   416          

                                                          10     

                                                                 
obtain a permit to install the source.  The fee assessed by this   417          

division only applies to modifications that are initiated by the   418          

owner or operator of the source and shall not exceed two thousand  419          

dollars.                                                           420          

      (J)  Notwithstanding division (B) or (F) of this section, a  422          

person who applies for or obtains a permit to install pursuant to  423          

rules adopted under division (F) of section 3704.03 of the         424          

Revised Code after the date actual construction of the source      425          

began shall pay a fee for the permit to install that is equal to   426          

twice the fee that otherwise would be assessed under the           427          

applicable division unless the applicant received authorization    428          

to begin construction under division (W) of section 3704.03 of     429          

the Revised Code.  This division only applies to sources for       430          

which actual construction of the source begins on or after July    431          

1, 1993.  The imposition or payment of the fee established in      432          

this division does not preclude the director from taking any       433          

administrative or judicial enforcement action under this chapter,  434          

Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a    435          

rule adopted under any of them, in connection with a violation of  436          

rules adopted under division (F) of section 3704.03 of the         437          

Revised Code.                                                      438          

      As used in this division, "actual construction of the        440          

source" means the initiation of physical on-site construction      441          

activities in connection with improvements to the source that are  442          

permanent in nature, including, without limitation, the            443          

installation of building supports and foundations and the laying   444          

of underground pipework.                                           445          

      (K)  Fifty cents per ton of each fee assessed under          447          

division (C) of this section on actual emissions from a source     448          

and received by the environmental protection agency pursuant to    449          

that division shall be deposited into the state treasury to the    450          

credit of the small business assistance fund created in section    451          

3706.19 of the Revised Code.  The remainder of the moneys          452          

received by the division pursuant to that division and moneys      453          

                                                          11     

                                                                 
received by the agency pursuant to divisions (D), (F), (G), (H),   454          

(I), and (J) of this section shall be deposited in the state       455          

treasury to the credit of the clean air fund created in section    456          

3704.035 of the Revised Code.                                      457          

      (L)(1)(a)  Except as otherwise provided in division          459          

(L)(1)(b) or (c) of this section, a person issued a water          460          

discharge permit or renewal of a water discharge permit pursuant   461          

to Chapter 6111. of the Revised Code shall pay a fee based on      462          

each point source to which the issuance is applicable in           463          

accordance with the following schedule:                            464          

Design flow discharge (gallons per day)             Fee            466          

      0 to 1000                                    $  0            469          

      1,001 to 5000                                 100            470          

      5,001 to 50,000                               200            471          

      50,001 to 100,000                             300            472          

      100,001 to 300,000                            525            473          

      over 300,000                                  750            474          

      (b)  Notwithstanding the fee schedule specified in division  477          

(L)(1)(a) of this section, the fee for a water discharge permit    478          

that is applicable to coal mining operations regulated under       479          

Chapter 1513. of the Revised Code shall be two hundred fifty       480          

dollars per mine.                                                  481          

      (c)  Notwithstanding the fee schedule specified in division  483          

(L)(1)(a) of this section, the fee for a water discharge permit    484          

for a public discharger identified by I in the third character of  485          

the permittee's NPDES permit number shall not exceed seven         486          

hundred fifty dollars.                                             487          

      (2)  A person applying for a plan approval for a wastewater  489          

treatment works pursuant to section 6111.44, 6111.45, or 6111.46   490          

of the Revised Code shall pay a fee of one hundred dollars plus    491          

sixty-five one-hundredths of one per cent of the estimated         492          

project cost through June 30, 1998, and one hundred dollars plus   494          

two-tenths of one per cent of the estimated project cost on and    495          

after July 1, 1998, except that the total fee shall not exceed     497          

                                                          12     

                                                                 
fifteen thousand dollars through June 30, 1998, and five thousand  499          

dollars on and after July 1, 1998.  The fee shall be paid at the   501          

time the application is submitted.                                 502          

      (3)  A person issued a modification of a water discharge     504          

permit shall pay a fee equal to one-half the fee that otherwise    505          

would be charged for a water discharge permit, except that the     506          

fee for the modification shall not exceed four hundred dollars.    507          

      (4)  A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE     509          

DIRECTOR UNDER SECTION 6111.14 OF THE REVISED CODE SHALL PAY AN    512          

ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT      513          

SECTION FOR APPROVAL THAT SHALL NOT EXCEED THE MINIMUM AMOUNT      514          

NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO     515          

PROCESSING PLAN APPROVALS.  THE DIRECTOR ANNUALLY SHALL CALCULATE  516          

THE FEE AND SHALL NOTIFY ALL PERSONS WHO HAVE ENTERED INTO         518          

AGREEMENTS UNDER THAT SECTION, OR WHO HAVE APPLIED FOR             519          

AGREEMENTS, OF THE AMOUNT OF THE FEE.                              520          

      (5)(a)  Not later than January 30, 1996, and January 30,     522          

1997, a person holding an NPDES discharge permit issued pursuant   524          

to Chapter 6111. of the Revised Code with an average daily         525          

discharge flow of five thousand gallons or more shall pay a        526          

nonrefundable annual discharge fee.  Any person who fails to pay   527          

the fee at that time shall pay an additional amount that equals    528          

ten per cent of the required annual discharge fee.                 529          

      The average daily discharge flow in gallons per day shall    531          

be calculated using first day of May through thirty-first day of   532          

October flow data for the period two years prior to the date on    533          

which the fee is due.  In the case of NPDES discharge permits for  535          

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

OPERATION shall be calculated using the average daily design flow  536          

of the facility.                                                   538          

      (b)  An NPDES permit holder that is a public discharger      540          

shall pay the fee specified in the following schedule:             541          

    Average daily                             Fee due by           545          

    discharge flow                         January 30, 1996,       546          

                                                          13     

                                                                 
                                         and January 30, 1997      547          

5,000 to 49,999                               $   180              550          

50,000 to 100,000                                 450              551          

100,001 to 250,000                                900              552          

250,001 to 1,000,000                            2,250              553          

1,000,001 to 5,000,000                          4,500              554          

5,000,001 to 10,000,000                         9,000              555          

10,000,001 to 20,000,000                       13,500              556          

20,000,001 to 50,000,000                       22,500              557          

50,000,001 to 100,000,000                      36,000              558          

100,000,001 or more                            54,000              559          

      Public dischargers owning or operating publicly owned        562          

treatment works, as "treatment works" is defined in section        563          

6111.01 of the Revised Code, that serve exclusively political      565          

subdivisions having a population of fewer than one hundred         566          

thousand through the operation of two or more publicly owned                    

treatment works serving the same political subdivision shall pay   567          

an annual discharge fee under division (L)(4)(5)(b) of this        568          

section that is based on the combined average daily discharge      569          

flow of the treatment works rather than on the average daily       570          

discharge flow of individual facilities comprising the treatment   571          

works.                                                                          

      (c)  An NPDES permit holder that is an industrial            573          

discharger shall pay the fee specified in the following schedule:  574          

Average daily                                 Fee due by           578          

discharge flow                             January 30, 1996,       579          

                                         and January 30, 1997      580          

5,000 to 49,999                               $   180              583          

50,000 to 250,000                                 900              584          

250,001 to 1,000,000                            2,250              585          

1,000,001 to 5,000,000                          4,500              586          

5,000,001 to 10,000,000                         6,750              587          

10,000,001 to 20,000,000                        9,000              588          

20,000,001 to 100,000,000                      10,800              589          

                                                          14     

                                                                 
100,000,001 to 250,000,000                     12,600              590          

250,000,001 or more                            14,400              591          

      In addition to the fee specified in the above schedule, an   594          

NPDES permit holder that is an industrial discharger classified    595          

as a major discharger shall pay a nonrefundable annual surcharge   596          

of six thousand seven hundred fifty dollars not later than         597          

January 30, 1996, and not later than January 30, 1997.  Any        598          

person who fails to pay the surcharge at that time shall pay an    599          

additional amount that equals ten per cent of the amount of the    600          

surcharge.                                                         601          

      (d)  Notwithstanding divisions (L)(4)(5)(b) and (c) of this  603          

section, a public discharger identified by I in the third          604          

character of the permittee's NPDES permit number and an            605          

industrial discharger identified by I, J, L, V, W, X, Y, or Z in   606          

the third character of the permittee's NPDES permit number shall   608          

pay a nonrefundable annual discharge fee of one hundred eighty                  

dollars not later than January 30, 1996, and not later than        610          

January 30, 1997.  Any person who fails to pay the fee at that     611          

time shall pay an additional amount that equals ten per cent of    612          

the required fee.                                                  613          

      (5)(6)  The director shall transmit all moneys collected     615          

under division (L) of this section to the treasurer of state for   616          

deposit into the state treasury to the credit of the surface       617          

water protection fund created in section 6111.038 of the Revised   618          

Code.                                                              619          

      (6)(7)  As used in division (L) of this section:             621          

      (a)  "NPDES" means the federally approved national           623          

pollutant discharge elimination system program for issuing,        624          

modifying, revoking, reissuing, terminating, monitoring, and       625          

enforcing permits and imposing and enforcing pretreatment          626          

requirements under Chapter 6111. of the Revised Code and rules     627          

adopted under it.                                                  628          

      (b)  "Public discharger" means any holder of an NPDES        630          

permit identified by P in the second character of the NPDES        631          

                                                          15     

                                                                 
permit number assigned by the director.                            632          

      (c)  "Industrial discharger" means any holder of an NPDES    634          

permit identified by I in the second character of the NPDES        635          

permit number assigned by the director.                            636          

      (d)  "Major discharger" means any holder of an NPDES permit  638          

classified as major by the regional administrator of the United    639          

States environmental protection agency in conjunction with the     640          

director.                                                          641          

      (M)  Through June 30, 1998, a person applying for a license  644          

or license renewal to operate a public water system under section  645          

6109.21 of the Revised Code shall pay the appropriate fee          646          

established under this division at the time of application to the  647          

director.  Any person who fails to pay the fee at that time shall  648          

pay an additional amount that equals ten per cent of the required  649          

fee.  The director shall transmit all moneys collected under this  650          

division to the treasurer of state for deposit into the drinking   651          

water protection fund created in section 6109.30 of the Revised    652          

Code.                                                              653          

      Fees required under this division shall be calculated and    655          

paid in accordance with the following schedule:                    656          

      (1)  For the initial license required under division (A)(1)  658          

of section 6109.21 of the Revised Code for any public water        659          

system that is a community water system as defined in section      660          

6109.01 of the Revised Code, and for each license renewal          661          

required for such a system prior to January 31, 1998, the fee is:  663          

Number of service connections                Fee amount            665          

      Not more than 49                          $ 56               668          

      50 to 99                                    88               669          

Number of service connections      Average cost per connection     672          

      100 to 2,499                            $  .96               674          

      2,500 to 4,999                             .92               675          

      5,000 to 7,499                             .88               676          

      7,500 to 9,999                             .84               677          

      10,000 to 14,999                           .80               678          

                                                          16     

                                                                 
      15,000 to 24,999                           .76               679          

      25,000 to 49,999                           .72               680          

      50,000 to 99,999                           .68               681          

      100,000 to 149,999                         .64               682          

      150,000 to 199,999                         .60               683          

      200,000 or more                            .56               684          

      A public water system may determine how it will pay the      687          

total amount of the fee calculated under division (M)(1) of this   688          

section, including the assessment of additional user fees that     689          

may be assessed on a volumetric basis.                             690          

      As used in division (M)(1) of this section, "service         692          

connection" means the number of active or inactive pipes,          693          

goosenecks, pigtails, and any other fittings connecting a water    694          

main to any building outlet.                                       695          

      (2)  For the initial license required under division (A)(2)  697          

of section 6109.21 of the Revised Code for any public water        698          

system that is not a community water system and serves a           699          

nontransient population, and for each license renewal required     700          

for such a system prior to January 31, 1998, the fee is:           701          

Population served                            Fee amount            703          

Fewer than 150                                $    56              706          

150 to 299                                         88              707          

300 to 749                                        192              708          

750 to 1,499                                      392              709          

1,500 to 2,999                                    792              710          

3,000 to 7,499                                  1,760              711          

7,500 to 14,999                                 3,800              712          

15,000 to 22,499                                6,240              713          

22,500 to 29,999                                8,576              714          

30,000 or more                                 11,600              715          

      As used in division (M)(2) of this section, "population      718          

served" means the total number of individuals receiving water      719          

from the water supply during a twenty-four-hour period for at      720          

least sixty days during any calendar year.  In the absence of a    721          

                                                          17     

                                                                 
specific population count, that number shall be calculated at the  722          

rate of three individuals per service connection.                  723          

      (3)  For the initial license required under division (A)(3)  725          

of section 6109.21 of the Revised Code for any public water        726          

system that is not a community water system and serves a           727          

transient population, and for each license renewal required for    728          

such a system prior to January 31, 1998, the fee is:               729          

Number of wells supplying system             Fee amount            731          

             1                                $   56               734          

             2                                    56               735          

             3                                    88               736          

             4                                   192               737          

             5                                   392               738          

System supplied by surface                                         741          

springs or dug wells                             792                            

      As used in division (M)(3) of this section, "number of       744          

wells supplying system" means those wells that are physically      745          

connected to the plumbing system serving the public water system.  746          

      (N)(1)  A person applying for a plan approval for a public   748          

water supply system under section 6109.07 of the Revised Code      749          

shall pay a fee of one hundred dollars plus two-tenths of one per  750          

cent of the estimated project cost, except that the total fee      751          

shall not exceed fifteen thousand dollars through June 30, 1998,   753          

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

shall be paid at the time the application is submitted.            754          

      (2)  A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE     757          

DIRECTOR UNDER DIVISION (A)(2) OF SECTION 6109.07 OF THE REVISED   759          

CODE SHALL PAY AN ADMINISTRATIVE SERVICE FEE FOR EACH PLAN         760          

SUBMITTED UNDER THAT SECTION FOR APPROVAL THAT SHALL NOT EXCEED    761          

THE MINIMUM AMOUNT NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY  762          

ATTRIBUTABLE TO PROCESSING PLAN APPROVALS.  THE DIRECTOR ANNUALLY  763          

SHALL CALCULATE THE FEE AND SHALL NOTIFY ALL PERSONS THAT HAVE     765          

ENTERED INTO AGREEMENTS UNDER THAT DIVISION, OR WHO HAVE APPLIED   766          

FOR AGREEMENTS, OF THE AMOUNT OF THE FEE.                          767          

                                                          18     

                                                                 
      (3)  Through June 30, 1998, the following fee, on a per      769          

survey basis, shall be charged any person for services rendered    770          

by the state in the evaluation of laboratories and laboratory      771          

personnel for compliance with accepted analytical techniques and   772          

procedures established pursuant to Chapter 6109. of the Revised    773          

Code for determining the qualitative characteristics of water:     774          

      microbiological                         $1,650               776          

      organic chemical                       4,500 3,500           777          

      inorganic chemical                       3,500               778          

      standard chemistry                       1,800               779          

      limited chemistry                      1,500 1,000           780          

      On and after July 1, 1998, the following fee, on a per       783          

survey basis, shall be charged any such person:                    784          

      microbiological                           $250               786          

      chemical/radiological                      250               787          

      nitrate/turbidity (only)                   150               788          

The fee for those services shall be paid at the time the request   791          

for the survey is made.  Through June 30, 1998, an individual      793          

laboratory shall not be assessed a fee under this division more    794          

than once in any three-year period.                                795          

      The director shall transmit all moneys collected under this  797          

division to the treasurer of state for deposit into the drinking   798          

water protection fund created in section 6109.30 of the Revised    799          

Code.                                                              800          

      (O)  Any person applying to the director for examination     802          

for certification as an operator of a water supply system or       803          

wastewater system under Chapter 6109. or 6111. of the Revised      804          

Code, at the time the application is submitted, shall pay an       805          

application fee of twenty-five dollars through June 30, 1998, and  808          

ten dollars on and after July 1, 1998.  Upon approval from the     809          

director that the applicant is eligible to take the examination    810          

therefor,: the applicant shall pay a fee in accordance with the    811          

following schedule through June 30, 1998:                          812          

      Class I operator                              $45            814          

                                                          19     

                                                                 
      Class II operator                              55            815          

      Class III operator                             65            816          

      Class IV operator                              75            817          

      On and after July 1, 1998, the applicant shall pay a fee in  821          

accordance with the following schedule:                                         

      Class I operator                              $25            823          

      Class II operator                              35            824          

      Class III operator                             45            825          

      Class IV operator                              55            826          

      The director shall transmit all moneys collected under this  829          

division to the treasurer of state for deposit into the surface    830          

DRINKING water protection fund created in section 6111.038         831          

6109.30 of the Revised Code.                                       832          

      (P)  Through June 30, 1998, any person submitting an         834          

application for an industrial water pollution control certificate  835          

under section 6111.31 of the Revised Code shall pay a              836          

nonrefundable fee of five hundred dollars at the time the          837          

application is submitted.  The director shall transmit all moneys  838          

collected under this division to the treasurer of state for        839          

deposit into the surface water protection fund created in section  840          

6111.038 of the Revised Code.  A person paying a certificate fee   841          

under this division shall not pay an application fee under         842          

division (S)(1) of this section.                                   843          

      (Q)  Except as otherwise provided in division (R) of this    845          

section, a person issued a permit by the director for a new solid  846          

waste disposal facility other than an incineration or composting   847          

facility, a new infectious waste treatment facility other than an  848          

incineration facility, or a modification of such an existing       849          

facility that includes an increase in the total disposal or        850          

treatment capacity of the facility pursuant to Chapter 3734. of    851          

the Revised Code shall pay a fee of ten dollars per thousand       852          

cubic yards of disposal or treatment capacity, or one thousand     853          

dollars, whichever is greater, except that the total fee for any   854          

such permit shall not exceed eighty thousand dollars.  A person    855          

                                                          20     

                                                                 
issued a modification of a permit for a solid waste disposal       856          

facility or an infectious waste treatment facility that does not   857          

involve an increase in the total disposal or treatment capacity    858          

of the facility shall pay a fee of one thousand dollars.  A        859          

person issued a permit to install a new, or modify an existing,    860          

solid waste transfer facility under that chapter shall pay a fee   861          

of two thousand five hundred dollars.  A person issued a permit    862          

to install a new or to modify an existing solid waste              863          

incineration or composting facility, or an existing infectious     864          

waste treatment facility using incineration as its principal       865          

method of treatment, under that chapter shall pay a fee of one     866          

thousand dollars.  The increases in the permit fees under this     867          

division resulting from the amendments made by Amended Substitute  868          

House Bill 592 of the 117th general assembly do not apply to any   869          

person who submitted an application for a permit to install a      870          

new, or modify an existing, solid waste disposal facility under    871          

that chapter prior to September 1, 1987; any such person shall     872          

pay the permit fee established in this division as it existed      873          

prior to June 24, 1988.  In addition to the applicable permit fee  874          

under this division, a person issued a permit to install or        875          

modify a solid waste facility or an infectious waste treatment     876          

facility under that chapter who fails to pay the permit fee to     877          

the director in compliance with division (V) of this section       878          

shall pay an additional ten per cent of the amount of the fee for  879          

each week that the permit fee is late.                             880          

      Permit and late payment fees paid to the director under      882          

this division shall be credited to the general revenue fund.       883          

      (R)(1)  A person issued a registration certificate for a     885          

scrap tire collection facility under section 3734.75 of the        886          

Revised Code shall pay a fee of two hundred dollars, except that   887          

if the facility is owned or operated by a motor vehicle salvage    888          

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

person shall pay a fee of twenty-five dollars.                     890          

      (2)  A person issued a registration certificate for a new    892          

                                                          21     

                                                                 
scrap tire storage facility under section 3734.76 of the Revised   893          

Code shall pay a fee of three hundred dollars, except that if the  894          

facility is owned or operated by a motor vehicle salvage dealer    895          

licensed under Chapter 4738. of the Revised Code, the person       896          

shall pay a fee of twenty-five dollars.                            897          

      (3)  A person issued a permit for a scrap tire storage       899          

facility under section 3734.76 of the Revised Code shall pay a     900          

fee of one thousand dollars, except that if the facility is owned  901          

or operated by a motor vehicle salvage dealer licensed under       902          

Chapter 4738. of the Revised Code, the person shall pay a fee of   903          

fifty dollars.                                                     904          

      (4)  A person issued a permit for a scrap tire monocell or   906          

monofill facility under section 3734.77 of the Revised Code shall  907          

pay a fee of ten dollars per thousand cubic yards of disposal      908          

capacity or one thousand dollars, whichever is greater, except     909          

that the total fee for any such permit shall not exceed eighty     910          

thousand dollars.                                                  911          

      (5)  A person issued a registration certificate for a scrap  913          

tire recovery facility under section 3734.78 of the Revised Code   914          

shall pay a fee of one hundred dollars.                            915          

      (6)  A person issued a permit for a scrap tire recovery      917          

facility under section 3734.78 of the Revised Code shall pay a     918          

fee of one thousand dollars.                                       919          

      (7)  In addition to the applicable registration certificate  921          

or permit fee under divisions (R)(1) to (6) of this section, a     922          

person issued a registration certificate or permit for any such    923          

scrap tire facility who fails to pay the registration certificate  924          

or permit fee to the director in compliance with division (V) of   925          

this section shall pay an additional ten per cent of the amount    926          

of the fee for each week that the fee is late.                     927          

      (8)  The registration certificate, permit, and late payment  929          

fees paid to the director under divisions (R)(1) to (7) of this    930          

section shall be credited to the scrap tire management fund        931          

created in section 3734.82 of the Revised Code.                    932          

                                                          22     

                                                                 
      (S)(1)  Except as provided by divisions (L), (M), (N), (O),  934          

(P), and (S)(2) of this section, division (A)(2) of section        935          

3734.05 of the Revised Code, section 3734.79 of the Revised Code,  936          

and rules adopted under division (T)(1) of this section, any       937          

person applying for a registration certificate under section       938          

3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,      939          

variance, or plan approval under Chapter 3734. of the Revised      940          

Code shall pay a nonrefundable fee of fifteen dollars at the time  941          

the application is submitted, and any person applying for a        942          

permit, variance, or plan approval under Chapter 6109. or 6111.    943          

of the Revised Code shall pay a nonrefundable fee of one hundred   944          

dollars at the time the application is submitted through June 30,  945          

1998, and a nonrefundable fee of fifteen dollars at the time the   947          

application is submitted on and after July 1, 1998.                948          

      The director shall transmit all moneys collected under this  950          

division (S)(1) OF THIS SECTION pursuant to Chapter 6109. of the   951          

Revised Code to the treasurer of state for deposit into the        953          

drinking water protection fund created in section 6109.30 of the   954          

Revised Code.                                                                   

      The director shall transmit all moneys collected under this  956          

division (S)(1) OF THIS SECTION pursuant to Chapter 6111. of the   958          

Revised Code to the treasurer of state for deposit into the        959          

surface water protection fund created in section 6111.038 of the   960          

Revised Code.                                                                   

      If a registration certificate is issued under section        962          

3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of    963          

the application fee paid shall be deducted from the amount of the  964          

registration certificate fee due under division (R)(1), (2), or    965          

(5) of this section, as applicable.                                966          

      (2)  Division (S)(1) of this section does not apply to an    968          

application for a registration certificate for a scrap tire        969          

collection or storage facility submitted under section 3734.75 or  970          

3734.76 of the Revised Code, as applicable, if the owner or        971          

operator of the facility or proposed facility is a motor vehicle   972          

                                                          23     

                                                                 
salvage dealer licensed under Chapter 4738. of the Revised Code.   973          

      (T)  The director may adopt, amend, and rescind rules in     975          

accordance with Chapter 119. of the Revised Code that do all of    976          

the following:                                                     977          

      (1)  Prescribe fees to be paid by applicants for and         979          

holders of any license, permit, variance, plan approval, or        980          

certification required or authorized by Chapter 3704., 3734.,      981          

6109., or 6111. of the Revised Code that are not specifically      982          

established in this section.  The fees shall be designed to        983          

defray the cost of processing, issuing, revoking, modifying,       984          

denying, and enforcing the licenses, permits, variances, plan      985          

approvals, and certifications.                                     986          

      The director shall transmit all moneys collected under       988          

rules adopted under division (T)(1) of this section pursuant to    989          

Chapter 6109. of the Revised Code to the treasurer of state for    990          

deposit into the drinking water protection fund created in         991          

section 6109.30 of the Revised Code.                               992          

      The director shall transmit all moneys collected under       994          

rules adopted under division (T)(1) of this section pursuant to    995          

Chapter 6111. of the Revised Code to the treasurer of state for    996          

deposit into the surface water protection fund created in section  997          

6111.038 of the Revised Code.                                      998          

      (2)  Exempt the state and political subdivisions thereof,    1,000        

including education facilities or medical facilities owned by the  1,001        

state or a political subdivision, or any person exempted from      1,002        

taxation by section 5709.07 or 5709.12 of the Revised Code, from   1,003        

any fee required by this section;                                  1,004        

      (3)  Provide for the waiver of any fee, or any part          1,006        

thereof, otherwise required by this section whenever the director  1,007        

determines that the imposition of the fee would constitute an      1,008        

unreasonable cost of doing business for any applicant, class of    1,009        

applicants, or other person subject to the fee;                    1,010        

      (4)  Prescribe measures that the director considers          1,012        

necessary to carry out this section.                               1,013        

                                                          24     

                                                                 
      (U)  When the director reasonably demonstrates that the      1,015        

direct cost to the state associated with the issuance of a permit  1,016        

to install, license, variance, plan approval, or certification     1,017        

exceeds the fee for the issuance or review specified by this       1,018        

section, the director may condition the issuance or review on the  1,019        

payment by the person receiving the issuance or review of, in      1,020        

addition to the fee specified by this section, the amount, or any  1,021        

portion thereof, in excess of the fee specified under this         1,022        

section.  The director shall not so condition issuances for which  1,023        

fees are prescribed in divisions (B)(7) and (L)(1)(b) of this      1,024        

section.                                                           1,025        

      (V)  Except as provided in divisions (L), (M), and (P) of    1,027        

this section or unless otherwise prescribed by a rule of the       1,028        

director adopted pursuant to Chapter 119. of the Revised Code,     1,029        

all fees required by this section are payable within thirty days   1,030        

after the issuance of an invoice for the fee by the director or    1,031        

the effective date of the issuance of the license, permit,         1,032        

variance, plan approval, or certification.  If payment is late,    1,033        

the person responsible for payment of the fee shall pay an         1,034        

additional ten per cent of the amount due for each month that it   1,035        

is late.                                                           1,036        

      (W)  As used in this section, "fuel-burning equipment,"      1,038        

"fuel-burning equipment input capacity," "incinerator,"            1,039        

"incinerator input capacity," "process," "process weight rate,"    1,040        

"storage tank," "gasoline dispensing facility," "dry cleaning      1,041        

facility," "design flow discharge," and "new source treatment      1,042        

works" have the meanings ascribed to those terms by applicable     1,043        

rules or standards adopted by the director under Chapter 3704. or  1,044        

6111. of the Revised Code.                                         1,045        

      (X)  As used in divisions (B), (C), (D), (E), (F), (H),      1,047        

(I), and (J) of this section, and in any other provision of this   1,048        

section pertaining to fees paid pursuant to Chapter 3704. of the   1,049        

Revised Code:                                                      1,050        

      (1)  "Facility," "federal Clean Air Act," "person," and      1,052        

                                                          25     

                                                                 
"Title V permit" have the same meanings as in section 3704.01 of   1,053        

the Revised Code.                                                  1,054        

      (2)  "Title V permit program" means the following            1,056        

activities as necessary to meet the requirements of Title V of     1,057        

the federal Clean Air Act and 40 C.F.R. part 70, including at      1,058        

least:                                                             1,059        

      (a)  Preparing and adopting, if applicable, generally        1,061        

applicable rules or guidance regarding the permit program or its   1,062        

implementation or enforcement;                                     1,063        

      (b)  Reviewing and acting on any application for a Title V   1,065        

permit, permit revision, or permit renewal, including the          1,066        

development of an applicable requirement as part of the            1,067        

processing of a permit, permit revision, or permit renewal;        1,068        

      (c)  Administering the permit program, including the         1,070        

supporting and tracking of permit applications, compliance         1,071        

certification, and related data entry;                             1,072        

      (d)  Determining which sources are subject to the program    1,074        

and implementing and enforcing the terms of any Title V permit,    1,075        

not including any court actions or other formal enforcement        1,076        

actions;                                                           1,077        

      (e)  Emission and ambient monitoring;                        1,079        

      (f)  Modeling, analyses, or demonstrations;                  1,081        

      (g)  Preparing inventories and tracking emissions;           1,083        

      (h)  Providing direct and indirect support to small          1,085        

business stationary sources to determine and meet their            1,086        

obligations under the federal Clean Air Act pursuant to the small  1,087        

business stationary source technical and environmental compliance  1,088        

assistance program required by section 507 of that act and         1,089        

established in sections 3704.18, 3704.19, and 3706.19 of the       1,090        

Revised Code.                                                      1,091        

      Sec. 6103.22.  All contracts under section 6103.21 of the    1,100        

Revised Code shall provide for payment to the county or municipal  1,101        

corporation owning, constructing, or agreeing to construct the     1,102        

water supply improvement to be jointly used of the amount agreed   1,103        

                                                          26     

                                                                 
upon as the other party's share of the cost of such THE water      1,104        

supply improvement.  The contract shall also SHALL provide for     1,106        

payment to the county or municipal corporation owning or           1,108        

constructing and maintaining the same IMPROVEMENT of the amount    1,109        

agreed upon for the other party's share of the cost of operating   1,111        

and maintaining such THE water supply improvement, including the   1,113        

cost of water, or in lieu of all other payments an agreed price    1,114        

per unit for water furnished. Any such A county or municipal       1,115        

corporation owning, constructing, or agreeing to construct any     1,117        

such A water supply improvement and permitting the use thereof OF  1,118        

IT by such other ANOTHER county or municipal corporation shall     1,120        

retain full control and management of the construction,            1,121        

maintenance, repair, and operation of the same IMPROVEMENT,        1,122        

except when conveyed to a municipal corporation as provided in     1,123        

this section.  Any such contract, before going into effect, shall  1,124        

be approved by the director of environmental protection.  Any      1,125        

      A completed water supply or water-works system, as defined   1,127        

in sections 6103.01 and 6103.02 of the Revised Code, for the use   1,128        

of any sewer district, constructed under sections 6103.02 to       1,129        

6103.30 of the Revised Code THIS CHAPTER, and any part thereof,    1,130        

located within any municipal corporation or within any area which  1,132        

THAT may be incorporated as a municipal corporation or annexed to  1,133        

an existing municipal corporation, or which THAT provides water    1,134        

for such AN area, may by mutual agreement between the board of     1,135        

county commissioners and such THE municipal corporation MAY be     1,136        

conveyed to such THE municipal corporation, which shall            1,137        

thereafter maintain and operate such THE water supply and OR       1,139        

water-works.  The board may retain the right to joint use of such  1,140        

THE water supply and OR water-works for the benefit of the         1,141        

district.  The validity of any assessment which THAT has been      1,142        

levied or may thereafter be levied THEREAFTER to provide means     1,143        

for the payment of the cost of such THE construction or            1,144        

maintenance of such THE water supply or water-works or any part    1,145        

thereof OF IT shall not be affected by such THE conveyance.        1,147        

                                                          27     

                                                                 
      Sec. 6109.01.  As used in this chapter:                      1,156        

      (A)  "Public water system" means a system for the provision  1,158        

to the public of piped water for human consumption if the system   1,159        

has at least fifteen service connections or regularly serves at    1,160        

least twenty-five individuals.  "Public water system" includes     1,161        

any collection, treatment, storage, and distribution facilities    1,162        

under control of the operator of the system and used primarily in  1,163        

connection with the system, any collection or pretreatment         1,164        

storage facilities not under such control which THAT are used      1,165        

primarily in connection with the system, and any water supply      1,166        

system serving an agricultural labor camp as defined in section    1,167        

3733.41 of the Revised Code.                                       1,168        

      (B)  "Contaminant" means any physical, chemical,             1,170        

biological, or radiological substance or matter in water.          1,171        

      (C)  "Person" means the state, any political subdivision,    1,173        

agency, institution, or instrumentality thereof, any federal       1,174        

agency, and any person as defined in section 1.59 of the Revised   1,175        

Code.                                                              1,176        

      (D)  "Safe Drinking Water Act" means the "Safe Drinking      1,178        

Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), and            1,179        

regulations adopted thereunder, as amended BY THE "SAFE DRINKING   1,181        

WATER AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C. 300(f), THE    1,187        

"SAFE DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42    1,193        

U.S.C. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF      1,199        

1996," 110 STAT. 1613, 42 U.S.C. 300(f), AND REGULATIONS ADOPTED   1,202        

UNDER THOSE ACTS.                                                  1,203        

      (E)  "Community water system" means a public water system    1,205        

that has at least fifteen service connections used by year-round   1,206        

residents or that regularly serves at least twenty-five            1,207        

year-round residents.                                              1,208        

      (F)  "SMALL SYSTEM" MEANS A PUBLIC WATER SYSTEM SERVING A    1,211        

POPULATION OF TEN THOUSAND OR FEWER INDIVIDUALS.                   1,212        

      (G)  "TECHNICAL ASSISTANCE" MEANS NONFINANCIAL ASSISTANCE    1,215        

PROVIDED BY THE STATE TO PUBLIC WATER SYSTEMS AND OTHER ELIGIBLE   1,216        

                                                          28     

                                                                 
APPLICANTS, INCLUDING, WITHOUT LIMITATION, ASSISTANCE FOR          1,217        

PLANNING AND DESIGN, DEVELOPMENT, AND IMPLEMENTATION OF SOURCE     1,218        

WATER QUALITY PROTECTION PROGRAMS; LOCATING ALTERNATIVE SUPPLIES   1,219        

OF DRINKING WATER; OPERATIONAL TRAINING; RESTRUCTURING OR          1,220        

CONSOLIDATION OF SMALL SYSTEMS; PROVIDING TREATMENT INFORMATION    1,221        

IN ORDER TO ASSIST COMPLIANCE WITH A NATIONAL PRIMARY DRINKING     1,222        

WATER STANDARD; AND OTHER NONFINANCIAL ASSISTANCE AUTHORIZED BY    1,223        

THE REQUIREMENTS GOVERNING THE FUNDS ESTABLISHED UNDER THIS        1,224        

CHAPTER.                                                           1,225        

      (H)  "DISADVANTAGED COMMUNITY" MEANS THE SERVICE AREA OR     1,228        

PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM THAT MEETS      1,229        

AFFORDABILITY AND OTHER CRITERIA ESTABLISHED BY THE DIRECTOR OF    1,230        

ENVIRONMENTAL PROTECTION IN RULES ADOPTED UNDER DIVISION (M) OF    1,231        

SECTION 6109.22 OF THE REVISED CODE AND MAY INCLUDE THE SERVICE    1,234        

AREA OR PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM         1,235        

LOCATED IN A DISTRESSED AREA AS DEFINED IN SECTION 122.19 OF THE   1,236        

REVISED CODE.                                                      1,237        

      (I)  "DIRECTOR OF ENVIRONMENTAL PROTECTION" OR "DIRECTOR"    1,240        

INCLUDES AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR.             1,241        

      (J)  "FEDERAL WATER POLLUTION CONTROL ACT" HAS THE SAME      1,247        

MEANING AS IN SECTION 6111.01 OF THE REVISED CODE.                 1,249        

      Sec. 6109.04.  (A)  The director of environmental            1,258        

protection shall administer and enforce Chapter 6109. of the       1,259        

Revised Code THIS CHAPTER and rules adopted thereunder UNDER IT.   1,261        

      (B)  The director shall adopt, amend, and rescind such       1,263        

rules in accordance with Chapter 119. of the Revised Code as may   1,264        

be necessary or desirable to DO BOTH OF THE FOLLOWING:             1,265        

      (1)  Govern public water systems in order to protect the     1,267        

public health;                                                     1,268        

      (2)  Govern public water systems to protect the public       1,270        

welfare, including rules governing contaminants in water which     1,271        

THAT may adversely affect the suitability of the water for its     1,272        

intended uses, or which THAT may otherwise adversely affect the    1,274        

public health or welfare.                                                       

                                                          29     

                                                                 
      (C)  The director may DO ANY OR ALL OF THE FOLLOWING:        1,276        

      (1)  Adopt, amend, and rescind such rules in accordance      1,278        

with Chapter 119. of the Revised Code as may be necessary or       1,279        

desirable to DO ANY OR ALL OF THE FOLLOWING:                       1,280        

      (a)  Govern the granting of variances and exemptions from    1,282        

rules adopted under this chapter, subject to requirements of the   1,283        

Safe Drinking Water Act;                                           1,284        

      (b)  Govern the certification of operators of public water   1,286        

systems, including establishment of qualifications according to a  1,287        

classification of public water systems, and OF provisions for      1,288        

examination, grounds for revocation, reciprocity with other        1,289        

states, RENEWAL OF CERTIFICATION, and other provisions necessary   1,290        

or desirable for assurance of proper operation of water systems;   1,292        

      (c)  Carry out the powers and duties of the director under   1,294        

Chapter 6109. of the Revised Code THIS CHAPTER.                    1,295        

      (2)  Provide a program for the general supervision of        1,297        

operation and maintenance of public water systems;                 1,298        

      (3)  Maintain an inventory of public water systems;          1,300        

      (4)  Adopt and implement a program for conducting sanitary   1,302        

surveys of public water systems;                                   1,303        

      (5)  Establish and maintain a system of record keeping and   1,305        

reporting of activities of the environmental protection agency     1,306        

under Chapter 6109. of the Revised Code THIS CHAPTER;              1,307        

      (6)  Establish and maintain a program for the certification  1,309        

of laboratories conducting analyses of drinking water;             1,310        

      (7)  Issue, modify, and revoke orders as necessary to carry  1,312        

out the director's powers and duties under Chapter 6109. of the    1,313        

Revised Code THIS CHAPTER and primary enforcement responsibility   1,314        

for public water systems under the "Safe Drinking Water Act".      1,316        

Orders issued under Chapter 6109. of the Revised Code THIS         1,317        

CHAPTER are subject to Chapter 119. of the Revised Code.           1,319        

      (C)(D)  Before adopting, amending, or rescinding a rule      1,321        

authorized by Chapter 6109. of the Revised Code THIS CHAPTER, the  1,323        

director shall DO ALL OF THE FOLLOWING:                                         

                                                          30     

                                                                 
      (1)  Mail notice to each statewide organization that he THE  1,325        

DIRECTOR determines represents persons who would be affected by    1,326        

the proposed rule, amendment, or repeal RESCISSION at least        1,327        

thirty-five days before any public hearing thereon;                1,329        

      (2)  Mail a copy of each proposed rule, amendment, or        1,331        

repeal RESCISSION to any person who requests a copy, within five   1,332        

days after receipt of the request;                                 1,334        

      (3)  Consult with appropriate state and local government     1,336        

agencies or their representatives, including statewide             1,337        

organizations of local government officials, industrial            1,338        

representatives, and other interested persons.  Although           1,339        

      ALTHOUGH the director is expected to discharge these duties  1,341        

diligently, failure to mail any such notice or copy, or to         1,342        

consult with any person does not invalidate any proceeding or      1,343        

action of the director.                                            1,344        

      Sec. 6109.07.  (A)  No person shall begin construction or    1,353        

installation of a public water system, or make a substantial       1,354        

change in a public water system, until plans therefor have been    1,355        

approved by the director of environmental protection under         1,356        

division (A)(1) or (2) of this section.                            1,357        

      (1)  Upon receipt of a proper application, the director      1,359        

shall consider the need for compliance with requirements of the    1,360        

Safe Drinking Water Act, and generally accepted standards for the  1,361        

construction and equipping of water systems, and shall issue an    1,362        

order approving or disapproving the plans.  In granting an         1,363        

approval, the director may stipulate conditions designed to        1,364        

ensure that the system will be able to meet the requirements of    1,365        

Chapter 6109. of the Revised Code THIS CHAPTER and rules adopted   1,366        

under it.                                                          1,367        

      (2)  The director may enter into an agreement with a         1,369        

political subdivision OR INVESTOR OWNED PUBLIC UTILITY that owns   1,370        

or operates a public water system and that intends to extend the   1,372        

distribution facilities of its system, to increase the number of   1,373        

service connections to its system, or to add distribution system   1,374        

                                                          31     

                                                                 
pump stations or storage tanks in the distribution system, which   1,375        

agreement authorizes a qualified officer or employee of the        1,376        

political subdivision OR INVESTOR OWNED PUBLIC UTILITY, as         1,377        

determined by the director, to review plans for the extension of   1,378        

the distribution facilities, the increase in the number of         1,379        

service connections, or the addition of distribution system pump   1,380        

stations or storage tanks in the distribution system for           1,381        

compliance with this chapter and the rules adopted under it and    1,382        

to certify to the director whether the plans comply with this      1,383        

chapter and the rules adopted under it.  If, pursuant to such an   1,384        

agreement, the official or employee of the political subdivision   1,385        

OR INVESTOR OWNED PUBLIC UTILITY designated in the agreement       1,386        

certifies to the director that the plans comply with this chapter  1,387        

and the rules adopted under it and if the plans and certification  1,388        

are accompanied by the applicable amount of the AN ADMINISTRATIVE  1,389        

SERVICE fee calculated in accordance with division (E) (N)(2) of   1,390        

section 3745.11 of the Revised Code, the director shall approve    1,391        

the plans without further review by issuance of an order as a      1,392        

final action.                                                      1,393        

      AS USED IN DIVISION (A)(2) OF THIS SECTION, "INVESTOR OWNED  1,397        

PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS  1,398        

A WATER-WORKS COMPANY, AS DEFINED IN SECTION 4905.03 OF THE        1,399        

REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL     1,401        

CORPORATION OR OPERATED NOT FOR PROFIT.                                         

      (B)  No person shall construct or install a public water     1,403        

system, or make any substantial change in a public water system,   1,404        

that is not in accordance with plans approved by the director.     1,405        

      (C)  No person shall operate a public water system, and no   1,407        

person who is an owner of a public water system shall permit its   1,408        

operation, if the person knows or has reason to know that the      1,409        

system was constructed or installed, or that a substantial change  1,410        

was made in the system, in violation of division (A) or (B) of     1,411        

this section, unless the person has obtained written               1,412        

authorization from the director to operate the system pursuant to  1,413        

                                                          32     

                                                                 
division (D) of this section.                                      1,414        

      (D)  The director may issue a notice by certified mail to    1,416        

the operator or owner of a public water system that was            1,417        

constructed, installed, or changed in violation of this section,   1,418        

informing the operator or owner of the violation.  The director    1,419        

may issue an order authorizing the operator or owner to operate    1,420        

for ninety days, and he THE DIRECTOR may by order extend BY ORDER  1,422        

the authorization for periods as may be necessary to allow the                  

owner or operator to submit plans, obtain their approval, and      1,424        

make such changes in the system as may be necessary to bring the   1,425        

system into compliance with the approved plans.                    1,426        

      Sec. 6109.22.  (A)  THERE IS HEREBY CREATED THE DRINKING     1,429        

WATER ASSISTANCE FUND TO PROVIDE FINANCIAL AND TECHNICAL           1,430        

ASSISTANCE FOR THE PURPOSES OF PROTECTING PUBLIC HEALTH AND        1,431        

ACHIEVING AND MAINTAINING COMPLIANCE WITH THE SAFE DRINKING WATER  1,434        

ACT AND THIS CHAPTER.  IN ADDITION TO THE ACCOUNTS CREATED UNDER   1,436        

DIVISIONS (G) AND (H) OF THIS SECTION, THE DRINKING WATER          1,439        

ASSISTANCE FUND MAY INCLUDE ANY OTHER ACCOUNTS ESTABLISHED BY THE  1,440        

DIRECTOR OF ENVIRONMENTAL PROTECTION.  THE FUND SHALL BE           1,441        

ADMINISTERED BY THE DIRECTOR CONSISTENT WITH THE SAFE DRINKING     1,444        

WATER ACT, THIS SECTION, AND RULES ADOPTED UNDER DIVISION (M) OF   1,446        

THIS SECTION.                                                      1,447        

      (B)  THE DRINKING WATER ASSISTANCE FUND SHALL CONSIST OF     1,450        

THE MONEYS CREDITED TO IT FROM ALL CAPITALIZATION GRANTS RECEIVED  1,451        

UNDER THE SAFE DRINKING WATER ACT EXCEPT FOR MONEYS RESERVED BY    1,456        

THE GOVERNOR PURSUANT TO TITLE III, SECTION 302 OF THAT ACT, ALL   1,457        

MONEYS CREDITED TO THE FUND FROM NONFEDERAL SOURCES, INCLUDING,    1,458        

WITHOUT LIMITATION, THE PROCEEDS OF STATE BONDS OR NOTES ISSUED    1,459        

FOR THE BENEFIT OF THE FUND, ALL PAYMENTS OF PRINCIPAL AND         1,460        

INTEREST ON LOANS MADE FROM THE FUND, AND ALL INVESTMENT EARNINGS  1,461        

ON MONEYS HELD IN THE FUND.  ON OR BEFORE THE DATE THAT A          1,462        

CAPITALIZATION GRANT PAYMENT MADE UNDER THE AUTHORITY OF THE SAFE  1,464        

DRINKING WATER ACT IS CREDITED TO THE FUND, REQUIRED MATCHING      1,468        

MONEYS SHALL BE CREDITED TO THE FUND.  ANY MONEYS TRANSFERRED TO   1,469        

                                                          33     

                                                                 
OR RESERVED FROM THE DRINKING WATER ASSISTANCE FUND PURSUANT TO    1,470        

TITLE III, SECTION 302 OF THE SAFE DRINKING WATER ACT SHALL BE     1,475        

ACCOUNTED FOR SEPARATELY.                                          1,476        

      (C)  IN A MANNER CONSISTENT WITH THE SAFE DRINKING WATER     1,480        

ACT AND THE APPLICABLE DRINKING WATER ASSISTANCE MANAGEMENT PLAN   1,481        

PREPARED IN ACCORDANCE WITH THIS SECTION,  THE DIRECTOR MAY        1,483        

RESERVE AND AWARD FOR ASSISTANCE MONEYS ALLOTTED TO THE STATE      1,484        

UNDER SECTION 1452 OF THE SAFE DRINKING WATER ACT, PROVIDED THAT   1,488        

THE DIRECTOR MAKES A DETERMINATION THAT THE USE OF THE MONEYS      1,489        

WILL ACCOMPLISH THE STATE'S OBJECTIVES AND THE OBJECTIVES          1,490        

ESTABLISHED FOR CAPITALIZATION GRANTS UNDER THE SAFE DRINKING      1,494        

WATER ACT.  THE DIRECTOR MAY USE A PORTION OF THE RESERVED MONEYS  1,495        

TO ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS, INCLUDING    1,497        

PRIVATE NONPROFIT ORGANIZATIONS, TO PROVIDE STATEWIDE ON-SITE      1,498        

TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS.                1,499        

      (D)  SUBJECT TO THE TERMS OF THE AGREEMENTS PROVIDED FOR IN  1,502        

DIVISION (E) OF THIS SECTION, MONEYS IN THE DRINKING WATER         1,504        

ASSISTANCE FUND SHALL BE HELD IN TRUST BY THE OHIO WATER           1,505        

DEVELOPMENT AUTHORITY FOR THE PURPOSES OF THIS SECTION, SHALL BE   1,506        

KEPT IN THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE KEPT       1,507        

UNDER SECTION 6121.11 OF THE REVISED CODE, AND MAY BE INVESTED IN  1,509        

THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE INVESTED UNDER     1,510        

SECTION 6121.12 OF THE REVISED CODE.  MONEYS IN THE DRINKING       1,512        

WATER ASSISTANCE FUND SHALL BE SEPARATE AND APART FROM AND NOT A   1,513        

PART OF THE STATE TREASURY OR OF THE OTHER FUNDS OF THE            1,514        

AUTHORITY.  NO WITHDRAWALS OR DISBURSEMENTS SHALL BE MADE FROM     1,515        

THE DRINKING WATER ASSISTANCE FUND WITHOUT THE WRITTEN             1,516        

AUTHORIZATION OF THE DIRECTOR.                                     1,517        

      (E)  THE DIRECTOR SHALL ADOPT WRITTEN CRITERIA TO ENSURE     1,519        

THAT FISCAL CONTROLS ARE ESTABLISHED FOR PRUDENT ADMINISTRATION    1,521        

OF THE DRINKING WATER ASSISTANCE FUND.  FOR THAT PURPOSE, THE      1,522        

DIRECTOR AND THE AUTHORITY SHALL ENTER INTO ANY NECESSARY AND      1,523        

APPROPRIATE AGREEMENTS UNDER WHICH THE AUTHORITY MAY PERFORM OR    1,524        

PROVIDE ANY OF THE FOLLOWING:                                                   

                                                          34     

                                                                 
      (1)  FISCAL CONTROLS AND ACCOUNTING PROCEDURES GOVERNING     1,526        

FUND BALANCES, RECEIPTS, AND DISBURSEMENTS;                        1,527        

      (2)  ADMINISTRATION OF LOAN ACCOUNTS;                        1,529        

      (3)  MAINTENANCE, MANAGEMENT, AND INVESTMENT OF MONEYS IN    1,531        

THE FUND.                                                          1,532        

      ANY AGREEMENT ENTERED INTO UNDER DIVISION (E) OF THIS        1,535        

SECTION SHALL PROVIDE FOR THE PAYMENT OF REASONABLE FEES TO THE    1,536        

AUTHORITY FOR ANY SERVICES IT PERFORMS UNDER THE AGREEMENT AND     1,537        

MAY PROVIDE FOR REASONABLE FEES FOR THE ASSISTANCE OF FINANCIAL    1,538        

OR ACCOUNTING ADVISORS.  PAYMENT OF ANY OF THE FEES TO THE         1,539        

AUTHORITY SHALL BE MADE SOLELY FROM THE DRINKING WATER ASSISTANCE  1,540        

ADMINISTRATIVE ACCOUNT ESTABLISHED UNDER DIVISION (G) OF THIS      1,542        

SECTION.                                                                        

      (F)  THE AUTHORITY MAY MAKE MONEYS AVAILABLE TO THE          1,545        

DIRECTOR FOR THE PURPOSE OF PROVIDING MATCHING MONEYS REQUIRED TO  1,546        

BE CREDITED TO THE DRINKING WATER ASSISTANCE FUND UNDER DIVISION   1,547        

(B) OF THIS SECTION, SUBJECT TO ANY TERMS THAT THE DIRECTOR AND    1,549        

THE AUTHORITY CONSIDER APPROPRIATE, AND MAY PLEDGE MONEYS THAT     1,550        

ARE HELD BY THE AUTHORITY TO SECURE THE PAYMENT OF BONDS OR NOTES  1,551        

ISSUED BY THE AUTHORITY TO PROVIDE THOSE MATCHING MONEYS.          1,552        

      THE DIRECTOR AND THE AUTHORITY MAY ENTER INTO TRUST          1,554        

AGREEMENTS TO ENABLE THE AUTHORITY TO ISSUE AND REFUND BONDS OR    1,555        

NOTES FOR THE SOLE BENEFIT OF THE DRINKING WATER ASSISTANCE FUND,  1,557        

INCLUDING, WITHOUT LIMITATION, THE RAISING OF MATCHING MONEYS      1,558        

REQUIRED TO BE CREDITED TO THE FUND IN ACCORDANCE WITH DIVISION    1,559        

(B) OF THIS SECTION.  THE AGREEMENTS MAY AUTHORIZE THE PLEDGE OF   1,560        

MONEYS ACCRUING TO THE FUND FROM PAYMENTS OF PRINCIPAL OR          1,561        

INTEREST OR BOTH ON LOANS MADE FROM THE FUND TO SECURE BONDS OR    1,562        

NOTES, THE PROCEEDS OF WHICH BONDS OR NOTES SHALL BE FOR THE SOLE  1,563        

BENEFIT OF THE DRINKING WATER ASSISTANCE FUND.  THE AGREEMENTS     1,564        

MAY CONTAIN ANY TERMS THAT THE DIRECTOR AND THE AUTHORITY          1,565        

CONSIDER REASONABLE AND PROPER FOR THE PAYMENT AND SECURITY OF     1,566        

THE BONDHOLDERS OR NOTEHOLDERS.                                    1,567        

      (G)  THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER   1,570        

                                                          35     

                                                                 
ASSISTANCE FUND THE DRINKING WATER ASSISTANCE ADMINISTRATIVE       1,571        

ACCOUNT.  NO STATE MATCHING MONEYS DEPOSITED INTO THE FUND UNDER   1,573        

THIS SECTION SHALL BE USED FOR THE PURPOSE OF PAYING FOR OR        1,574        

DEFRAYING THE COSTS OF ADMINISTERING THIS SECTION.  NO FEES SHALL  1,575        

BE COLLECTED FROM APPLICANTS FOR ASSISTANCE PROVIDED UNDER THIS    1,576        

SECTION FOR THE PURPOSES OF PAYING FOR OR DEFRAYING THE COSTS OF   1,578        

SUCH ADMINISTRATION.                                                            

      (H)  THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER   1,581        

ASSISTANCE FUND THE WATER SUPPLY REVOLVING LOAN ACCOUNT.  THE      1,582        

DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE WATER SUPPLY    1,583        

REVOLVING LOAN ACCOUNT FOR IMPROVEMENTS TO COMMUNITY WATER         1,584        

SYSTEMS AND TO NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS.        1,585        

      (I)  ALL MONEYS FROM THE FUND CREDITED TO THE WATER SUPPLY   1,588        

REVOLVING LOAN ACCOUNT, ALL INTEREST EARNED ON MONEYS CREDITED TO  1,589        

THE ACCOUNT, AND ALL PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS   1,590        

MADE FROM THE ACCOUNT SHALL BE DEDICATED IN PERPETUITY AND USED    1,591        

AND REUSED SOLELY FOR THE FOLLOWING PURPOSES, EXCEPT AS OTHERWISE  1,592        

PROVIDED IN THIS SECTION:                                          1,593        

      (1)  TO MAKE LOANS TO COMMUNITY WATER SYSTEMS AND NONPROFIT  1,596        

NONCOMMUNITY PUBLIC WATER SYSTEMS, SUBJECT TO ALL OF THE           1,597        

FOLLOWING CONDITIONS:                                                           

      (a)  THE LOANS ARE MADE AT OR BELOW MARKET RATES OF          1,599        

INTEREST, INCLUDING, WITHOUT LIMITATION, INTEREST-FREE LOANS;      1,601        

      (b)  EACH RECIPIENT OF A LOAN SHALL ESTABLISH A DEDICATED    1,604        

SOURCE OF SECURITY OR REVENUE FOR REPAYMENT OF THE LOAN;           1,605        

      (c)  ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THE LOANS     1,608        

SHALL BE CREDITED TO THE WATER SUPPLY REVOLVING LOAN ACCOUNT.      1,609        

      (2)  TO PURCHASE OR REFINANCE AT OR BELOW MARKET RATES       1,611        

INTEREST DEBT OBLIGATIONS INCURRED AFTER JULY 1, 1993, BY          1,613        

MUNICIPAL CORPORATIONS, OTHER POLITICAL SUBDIVISIONS, AND          1,614        

INTERSTATE AGENCIES HAVING TERRITORY IN THE STATE;                 1,615        

      (3)  TO GUARANTEE OR PURCHASE INSURANCE FOR DEBT             1,617        

OBLIGATIONS WHEN THE GUARANTEE OR INSURANCE WOULD IMPROVE THE      1,618        

BORROWER'S ACCESS TO CREDIT MARKETS OR WOULD REDUCE THE INTEREST   1,619        

                                                          36     

                                                                 
PAID ON THOSE OBLIGATIONS;                                         1,620        

      (4)  AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT OF   1,623        

PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OR REVENUE BONDS OR   1,624        

NOTES ISSUED BY THIS STATE IF THE PROCEEDS OF THE SALE OF THE      1,625        

BONDS OR NOTES ARE OR WILL BE DEPOSITED INTO THE ACCOUNT;          1,626        

      (5)  TO PROVIDE SUBSIDIES IN ADDITION TO ANY OTHER           1,628        

FINANCIAL ASSISTANCE AFFORDED DISADVANTAGED COMMUNITIES UNDER      1,629        

THIS SECTION;                                                      1,630        

      (6) TO EARN INTEREST ON MONEYS CREDITED TO THE ACCOUNT;      1,633        

      (7)  TO PROVIDE ANY OTHER ASSISTANCE AUTHORIZED BY THE SAFE  1,636        

DRINKING WATER ACT.                                                1,639        

      (J)  THE DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE  1,642        

WATER SUPPLY REVOLVING LOAN ACCOUNT AFTER DETERMINING ALL OF THE   1,643        

FOLLOWING:                                                                      

      (1)  THE APPLICANT FOR FINANCIAL ASSISTANCE HAS THE LEGAL,   1,645        

INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO CONSTRUCT,  1,647        

OPERATE, AND MAINTAIN ITS PUBLIC WATER SYSTEM AND THE PROPOSED     1,648        

IMPROVEMENTS TO IT;                                                             

      (2)  THE APPLICANT WILL IMPLEMENT A FINANCIAL MANAGEMENT     1,650        

PLAN THAT INCLUDES, WITHOUT LIMITATION, PROVISIONS FOR             1,651        

SATISFACTORY REPAYMENT OF THE FINANCIAL ASSISTANCE;                1,652        

      (3)  THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT FOR WHICH  1,655        

ASSISTANCE IS PROPOSED IS A PART IS ECONOMICALLY AND                            

NONMONETARILY COST-EFFECTIVE, BASED ON AN EVALUATION OF FEASIBLE   1,656        

ALTERNATIVES THAT MEET THE DRINKING WATER TREATMENT NEEDS OF THE   1,657        

PLANNING AREA IN WHICH THE PROPOSED PROJECT IS LOCATED;            1,658        

      (4)  BASED ON A COMPREHENSIVE ENVIRONMENTAL REVIEW APPROVED  1,661        

BY THE DIRECTOR, THERE ARE NO SIGNIFICANT ADVERSE ENVIRONMENTAL    1,662        

EFFECTS RESULTING FROM ALL NECESSARY IMPROVEMENTS TO THE PUBLIC    1,663        

WATER SYSTEM OF WHICH THE PROJECT PROPOSED FOR ASSISTANCE IS A     1,664        

PART;                                                                           

      (5)  PUBLIC PARTICIPATION HAS OCCURRED DURING THE PROCESS    1,666        

OF PLANNING THE PROJECT IN COMPLIANCE WITH APPLICABLE              1,667        

REQUIREMENTS UNDER THE SAFE DRINKING WATER ACT;                    1,671        

                                                          37     

                                                                 
      (6)  THE APPLICATION MEETS THE REQUIREMENTS OF THIS SECTION  1,674        

AND RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION AND IS        1,675        

CONSISTENT WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT AND    1,680        

REGULATIONS ADOPTED UNDER IT;                                      1,681        

      (7)  IF THE APPLICANT FOR ASSISTANCE IS A WATER DISTRICT     1,684        

FORMED UNDER CHAPTER 6119. OF THE REVISED CODE THAT OPERATES A     1,687        

PUBLIC WATER SYSTEM AND THAT WATER DISTRICT SEEKS TO EXTEND THE    1,688        

DISTRIBUTION FACILITIES, INCREASE THE NUMBER OF SERVICE            1,689        

CONNECTIONS TO ITS SYSTEM, OR PROVIDE FOR ANY OTHER EXPANSION OF   1,690        

ITS SYSTEM, THE WATER DISTRICT HAS CONSULTED WITH THE BOARD OF     1,691        

COUNTY COMMISSIONERS FROM EACH COUNTY IN WHICH IS LOCATED THE      1,692        

PROPOSED EXTENSION OF DISTRIBUTION FACILITIES, INCREASE IN THE     1,693        

NUMBER OF SERVICE CONNECTIONS, OR OTHER EXPANSION OF THE PUBLIC    1,694        

WATER SYSTEM;                                                      1,695        

      (8)  THE APPLICATION MEETS ANY OTHER REQUIREMENTS THAT THE   1,697        

DIRECTOR CONSIDERS NECESSARY OR APPROPRIATE TO PROTECT PUBLIC      1,698        

HEALTH AND THE ENVIRONMENT AND TO ENSURE THE FINANCIAL INTEGRITY   1,699        

OF THE WATER SUPPLY REVOLVING LOAN ACCOUNT.                        1,700        

      UPON APPROVAL BY THE DIRECTOR OF AN APPLICATION FOR          1,702        

FINANCIAL ASSISTANCE, THE OHIO WATER DEVELOPMENT AUTHORITY SHALL   1,704        

DISBURSE THE APPROPRIATE FINANCIAL ASSISTANCE FROM THE WATER       1,705        

SUPPLY REVOLVING LOAN ACCOUNT.  IF THE PROPOSED FINANCIAL          1,706        

ASSISTANCE IS A LOAN, AND IF THE PAYMENTS OF THE PRINCIPAL OR      1,707        

INTEREST ON THE LOAN ARE OR ARE EXPECTED TO BE PLEDGED TO SECURE   1,708        

PAYMENT OF BONDS ISSUED OR EXPECTED TO BE ISSUED BY THE            1,709        

AUTHORITY, THE DIRECTOR SHALL SUBMIT THE APPLICATION FOR THE LOAN  1,710        

TO THE AUTHORITY FOR REVIEW AND APPROVAL WITH RESPECT TO ANY       1,711        

MATTERS PERTAINING TO SECURITY FOR AND THE MARKETABILITY OF        1,712        

AUTHORITY BONDS.  REVIEW AND APPROVAL BY THE AUTHORITY SHALL BE    1,713        

REQUIRED PRIOR TO THE MAKING OF SUCH A LOAN.                       1,714        

      (K)  IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (M) OF  1,718        

THIS SECTION, THE DIRECTOR PERIODICALLY SHALL PREPARE A DRINKING   1,719        

WATER ASSISTANCE MANAGEMENT PLAN ESTABLISHING THE SHORT-TERM AND   1,720        

LONG-TERM GOALS FOR THE ASSISTANCE PROVIDED UNDER THIS SECTION,    1,721        

                                                          38     

                                                                 
THE ALLOCATION OF AVAILABLE RESOURCES FOR THE PURPOSES OF THIS     1,722        

SECTION, THE ENVIRONMENTAL, FINANCIAL, AND ADMINISTRATIVE TERMS,   1,723        

CONDITIONS, AND CRITERIA FOR THE AWARD OF FINANCIAL AND TECHNICAL  1,724        

ASSISTANCE UNDER THIS SECTION, AND THE INTENDED USES OF            1,725        

CAPITALIZATION GRANTS AND AVAILABLE MONEYS FROM THE DRINKING       1,726        

WATER ASSISTANCE FUND.  CRITERIA FOR AWARDING FINANCIAL OR         1,727        

TECHNICAL ASSISTANCE UNDER THIS SECTION SHALL NOT FAVOR OR         1,728        

DISFAVOR ANY NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEM BECAUSE    1,729        

IT IS OWNED, OPERATED BY, OR SERVICES A RELIGIOUS ORGANIZATION OR  1,730        

A FACILITY USED FOR RELIGIOUS PURPOSES.  PRIOR TO ITS ADOPTION,    1,731        

THE DIRECTOR SHALL MAKE THE DRINKING WATER ASSISTANCE MANAGEMENT   1,732        

PLAN AVAILABLE FOR PUBLIC REVIEW AND COMMENT AT A MINIMUM OF TWO   1,735        

PUBLIC MEETINGS AND SHALL TAKE ADEQUATE STEPS TO ENSURE THAT                    

REASONABLE PUBLIC NOTICE OF EACH PUBLIC MEETING IS GIVEN AT LEAST  1,736        

THIRTY DAYS PRIOR TO THE MEETING.                                  1,737        

      THE PLAN SHALL INCLUDE WITHOUT LIMITATION, A SYSTEM THAT     1,739        

PRIORITIZES PROJECTS FUNDED BY THE WATER SUPPLY REVOLVING LOAN     1,740        

ACCOUNT BASED ON THE RELATIVE RISK TO HUMAN HEALTH BEING           1,741        

ADDRESSED, THEIR NECESSITY FOR ENSURING COMPLIANCE WITH            1,742        

REQUIREMENTS OF THE SAFE DRINKING WATER ACT, AND THEIR             1,746        

AFFORDABILITY TO THE APPLICANTS, AS DETERMINED BY THE DIRECTOR.    1,747        

FINANCIAL ASSISTANCE FOR PROJECTS FROM THE WATER SUPPLY REVOLVING  1,748        

LOAN ACCOUNT SHALL BE LIMITED TO PROJECTS THAT ARE INCLUDED IN     1,749        

THAT PRIORITIZATION AND SHALL BE AWARDED BASED UPON THEIR          1,750        

PRIORITY POSITION AND THE APPLICANTS' READINESS TO PROCEED WITH    1,751        

THEIR PROPOSED ACTIVITIES AS DETERMINED BY THE DIRECTOR.  THE      1,752        

DRINKING WATER ASSISTANCE MANAGEMENT PLAN SHALL INCLUDE TERMS,     1,753        

CONDITIONS, AMOUNTS OF MONEYS, AND QUALIFYING CRITERIA, IN         1,754        

ADDITION TO ANY OTHER CRITERIA ESTABLISHED UNDER THIS SECTION,     1,755        

GOVERNING THE FINANCIAL ASSISTANCE TO BE AWARDED TO APPLICANTS     1,756        

FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT.  THE DIRECTOR SHALL  1,757        

DETERMINE THE MOST EFFECTIVE USE OF THE MONEYS IN THAT ACCOUNT TO  1,759        

ACHIEVE THE STATE'S DRINKING WATER ASSISTANCE GOALS AND                         

OBJECTIVES.                                                        1,760        

                                                          39     

                                                                 
      (L)  THE DIRECTOR, CONSISTENT WITH THIS SECTION AND          1,763        

APPLICABLE RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION, MAY   1,765        

ENTER INTO AN AGREEMENT WITH AN APPLICANT FOR ASSISTANCE FROM THE  1,766        

DRINKING WATER ASSISTANCE FUND.  BASED ON THE DIRECTOR'S REVIEW    1,767        

AND APPROVAL OF THE PROJECT PLANS SUBMITTED UNDER SECTION 6109.07  1,768        

OF THE REVISED CODE, ANY DETERMINATIONS MADE UNDER DIVISION (J)    1,771        

OF THIS SECTION IF AN APPLICANT SEEKS FUNDING FROM THE WATER       1,772        

SUPPLY REVOLVING LOAN ACCOUNT, AND ANY OTHER REQUIREMENTS OF THIS  1,773        

SECTION AND RULES ADOPTED UNDER IT, THE DIRECTOR MAY ESTABLISH IN  1,775        

THE AGREEMENT ENVIRONMENTAL AND FINANCIAL TERMS AND CONDITIONS OF  1,776        

THE FINANCIAL ASSISTANCE TO BE OFFERED TO THE APPLICANT.  IF THE   1,777        

RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS SECTION DEFAULTS ON   1,778        

ANY PAYMENT REQUIRED IN THE AGREEMENT FOR FINANCIAL ASSISTANCE OR  1,779        

OTHERWISE VIOLATES A TERM OR CONDITION OF THE AGREEMENT OR OF THE  1,780        

PLAN APPROVAL FOR THE PROJECT UNDER SECTION 6109.07 OF THE         1,781        

REVISED CODE, THE DIRECTOR, IN ADDITION TO ANY OTHER AVAILABLE     1,783        

REMEDIES, MAY TERMINATE, SUSPEND, OR REQUIRE IMMEDIATE REPAYMENT   1,784        

OF THE FINANCIAL ASSISTANCE.  THE DIRECTOR ALSO MAY TAKE ANY       1,785        

ENFORCEMENT ACTION AVAILABLE UNDER THIS CHAPTER.                   1,786        

      (M)  THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH         1,789        

CHAPTER 119. OF THE REVISED CODE FOR THE IMPLEMENTATION AND        1,791        

ADMINISTRATION OF THIS SECTION.  THE RULES SHALL BE CONSISTENT     1,792        

WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT.                  1,796        

      (N)(1)  FOR THE PURPOSES OF THIS SECTION, APPEALABLE         1,799        

ACTIONS OF THE DIRECTOR PURSUANT TO SECTION 3745.04 OF THE         1,800        

REVISED CODE ARE LIMITED TO THE FOLLOWING:                         1,802        

      (a)  ADOPTION OF THE DRINKING WATER ASSISTANCE MANAGEMENT    1,805        

PLAN PREPARED UNDER DIVISION (K) OF THIS SECTION;                  1,806        

      (b)  APPROVAL OF PRIORITY SYSTEMS, PRIORITY LISTS, AND       1,809        

WRITTEN PROGRAM ADMINISTRATION POLICIES;                                        

      (c)  APPROVAL OR DISAPPROVAL UNDER THIS SECTION OF           1,811        

APPLICANTS' PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 OF THE   1,812        

REVISED CODE;                                                      1,814        

      (d)  APPROVAL OR DISAPPROVAL OF AN APPLICATION FOR           1,817        

                                                          40     

                                                                 
ASSISTANCE.                                                                     

      (2)  NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE,     1,821        

THE DIRECTOR MAY TAKE THE FINAL ACTIONS DESCRIBED IN DIVISIONS     1,823        

(N)(1)(a) TO (d) OF THIS SECTION WITHOUT HOLDING AN ADJUDICATION   1,825        

HEARING IN CONNECTION WITH THE ACTION AND WITHOUT FIRST ISSUING A  1,826        

PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED CODE.         1,828        

      (3)  EACH ACTION DESCRIBED IN DIVISIONS (N)(1)(a) TO (d) OF  1,832        

THIS SECTION AND EACH APPROVAL OF A PLAN UNDER SECTION 6109.07 OF  1,833        

THE REVISED CODE IS A SEPARATE AND DISCRETE ACTION OF THE          1,836        

DIRECTOR.  APPEALS ARE LIMITED TO THE ISSUES CONCERNING THE        1,837        

SPECIFIC ACTION APPEALED.  ANY APPEAL SHALL NOT INCLUDE ISSUES     1,838        

DETERMINED UNDER THE SCOPE OF ANY PRIOR ACTION.                    1,839        

      (O)  THE FAILURE OR INABILITY OF A PUBLIC WATER SYSTEM TO    1,842        

OBTAIN ASSISTANCE UNDER THIS SECTION DOES NOT ALTER THE            1,843        

OBLIGATION OF THE PUBLIC WATER SYSTEM TO COMPLY WITH ALL           1,844        

APPLICABLE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER    1,845        

IT.                                                                             

      Sec. 6109.23.  TO THE EXTENT REQUIRED BY THE SAFE DRINKING   1,850        

WATER ACT AND RULES ADOPTED UNDER IT, THE DIRECTOR OF              1,853        

ENVIRONMENTAL PROTECTION MAY ADOPT, AMEND, AND RESCIND RULES       1,854        

PURSUANT TO SECTION 6109.04 OF THE REVISED CODE PROVIDING FOR THE  1,857        

ADMINISTRATIVE ASSESSMENT AND COLLECTION OF MONETARY PENALTIES     1,858        

FOR FAILURE TO COMPLY WITH THIS CHAPTER OR RULES ADOPTED UNDER     1,859        

IT.  FOR PUBLIC WATER SYSTEMS SERVING POPULATIONS OF MORE THAN     1,860        

TEN THOUSAND, A MONETARY PENALTY ASSESSED UNDER THIS SECTION       1,861        

SHALL BE NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH   1,862        

VIOLATION.  FOR PUBLIC WATER SYSTEMS SERVING POPULATIONS OF TEN    1,863        

THOUSAND OR FEWER, THE RULES ADOPTED UNDER THIS SECTION SHALL      1,864        

ESTABLISH A METHODOLOGY FOR CALCULATING THE MONETARY PENALTY       1,865        

BASED ON THE SIZE OF THE SYSTEM, THE THREAT TO PUBLIC HEALTH       1,866        

PRESENTED BY THE FAILURE TO COMPLY, AND OTHER FACTORS THAT MAY BE  1,867        

NECESSARY TO ENSURE COMPLIANCE WITH THIS CHAPTER AND RULES         1,868        

ADOPTED UNDER IT.  FOR THE PURPOSES OF THIS SECTION, THE DIRECTOR  1,869        

MAY REQUIRE THE SUBMISSION OF COMPLIANCE SCHEDULES AND RELATED     1,870        

                                                          41     

                                                                 
INFORMATION.                                                       1,871        

      ANY ORDERS, PAYMENTS, SANCTIONS, OR OTHER REQUIREMENTS       1,874        

IMPOSED PURSUANT TO RULES ADOPTED UNDER THIS SECTION ARE IN        1,875        

ADDITION TO ANY OTHER ORDERS, PAYMENTS, SANCTIONS, OR              1,876        

REQUIREMENTS ISSUED OR IMPOSED UNDER THIS CHAPTER AND RULES        1,877        

ADOPTED UNDER IT AND SHALL NOT AFFECT ANY CIVIL OR CRIMINAL        1,878        

ENFORCEMENT PROCEEDINGS BROUGHT UNDER THIS CHAPTER, RULES ADOPTED  1,879        

UNDER IT, OR ANY OTHER STATE OR LOCAL LAW.  MONEYS COLLECTED       1,880        

PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DRINKING WATER   1,881        

PROTECTION FUND CREATED IN SECTION 6109.30 OF THE REVISED CODE.    1,883        

      Sec. 6109.24.  A PUBLIC WATER SYSTEM THAT IS A COMMUNITY     1,886        

WATER SYSTEM, OR THAT IS NOT A COMMUNITY WATER SYSTEM AND SERVES   1,887        

A NONTRANSIENT POPULATION, AND THAT PROPOSES TO COMMENCE           1,888        

PROVIDING WATER TO THE PUBLIC AFTER OCTOBER 1, 1999, SHALL         1,890        

INCLUDE WITH THE SUBMISSION OF PLANS REQUIRED UNDER SECTION        1,891        

6109.07 OF THE REVISED CODE DOCUMENTATION THAT DEMONSTRATES THE    1,894        

TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY OF THE SYSTEM TO   1,895        

COMPLY WITH THIS CHAPTER AND RULES ADOPTED UNDER IT.  THE          1,896        

DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL ADOPT, AND MAY AMEND    1,897        

AND RESCIND, RULES PURSUANT TO SECTION 6109.04 OF THE REVISED      1,900        

CODE ESTABLISHING REQUIREMENTS GOVERNING THE DEMONSTRATION OF      1,901        

TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY FOR THE PURPOSES   1,902        

OF THIS SECTION.                                                   1,903        

      THE DIRECTOR MAY DENY APPROVAL OF PLANS SUBMITTED UNDER      1,906        

SECTION 6109.07 OF THE REVISED CODE IF THE PUBLIC WATER SYSTEM     1,909        

THAT SUBMITTED THE PLANS FAILS TO DEMONSTRATE TECHNICAL,           1,910        

MANAGERIAL, AND FINANCIAL CAPABILITY IN ACCORDANCE WITH THIS       1,911        

SECTION AND RULES ADOPTED UNDER IT.                                1,912        

      Sec. 6111.14.  The director of environmental protection may  1,921        

enter into an agreement with a political subdivision OR INVESTOR   1,922        

OWNED PUBLIC UTILITY that owns or operates a disposal system and   1,923        

that intends to extend the sewerage lines of its disposal system   1,925        

or to increase the number of service connections to its sewerage   1,926        

system, which agreement authorizes a qualified official or         1,927        

                                                          42     

                                                                 
employee of the political subdivision OR INVESTOR OWNED PUBLIC     1,928        

UTILITY, as determined by the director, to review plans for the    1,930        

extension of the sewerage system or increase in the number of                   

service connections for compliance with this chapter and the       1,931        

rules adopted under it and to certify to the director whether the  1,932        

plans comply with this chapter and the rules adopted under it.     1,933        

If, pursuant to such an agreement, the official or employee of     1,934        

the political subdivision OR INVESTOR OWNED PUBLIC UTILITY         1,935        

designated in the agreement certifies to the director that the     1,937        

plans comply with this chapter and the rules adopted under it and  1,938        

if the plans and certification are accompanied by the applicable   1,939        

amount of the AN ADMINISTRATIVE SERVICE fee calculated in          1,940        

accordance with division (C)(2) (L)(4) of section 3745.11 of the   1,941        

Revised Code, the director, by final action, shall approve the     1,942        

plans without further review.  The director or his THE DIRECTOR'S  1,943        

authorized representative may inspect the construction or          1,945        

installation of an extension of a sewerage system or additional    1,946        

service connections for which plans have been approved under this  1,947        

section.                                                                        

      The approval of plans by the director pursuant to this       1,949        

section constitutes the approval of the plans for the purposes of  1,950        

any rules adopted under division (E) of section 6111.03 of the     1,951        

Revised Code that require the approval of plans for extensions of  1,952        

sewerage systems or increases in the number of service             1,953        

connections to sewerage systems.                                   1,954        

      AS USED IN THIS SECTION, "INVESTOR OWNED PUBLIC UTILITY"     1,957        

MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS A SEWAGE         1,958        

DISPOSAL SYSTEM COMPANY, AS DEFINED IN SECTION 4905.03 OF THE      1,959        

REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL     1,960        

CORPORATION OR OPERATED NOT FOR PROFIT.                                         

      Sec. 6121.01.  As used in this chapter:                      1,969        

      (A) "Beneficial use" means a use of water, including the     1,971        

method of diversion, storage, transportation, treatment, and       1,972        

application, that is reasonable and consistent with the public     1,973        

                                                          43     

                                                                 
interest in the proper utilization of water resources, including,  1,974        

without limitation, domestic, agricultural, industrial, power,     1,975        

municipal, navigational, fish and wildlife, and recreational       1,976        

uses.                                                              1,977        

      (B)  "Governmental agencies" means departments, divisions,   1,979        

or other units of state government, watershed districts, soil and  1,980        

water conservation districts, municipal corporations, counties,    1,981        

townships, and other political subdivisions, special water         1,982        

districts, including county and regional sewer and water           1,983        

districts, conservancy districts, sanitary districts, sewer        1,984        

districts or any other public corporation or agency having the     1,985        

authority to acquire, construct, or operate waste water or water   1,986        

management facilities, the United States or any agency thereof,    1,987        

and any agency, commission, or authority established pursuant to   1,988        

an interstate compact or agreement.                                1,989        

      (C)  "Person" means any individual, firm, partnership,       1,991        

association, or corporation, or two or more or any combination     1,992        

thereof.                                                           1,993        

      (D)  "Waters of the state" means all streams, lakes, ponds,  1,995        

marshes, watercourses, waterways, wells, springs, irrigation       1,996        

systems, drainage systems, and all other bodies or accumulations   1,997        

of water, surface and underground, natural or artificial, which    1,998        

THAT are situated wholly or partly within, or border upon, this    1,999        

state, or are within its jurisdiction, except those private        2,000        

waters which THAT do not combine or effect a junction with         2,001        

natural surface or underground waters.                             2,003        

      (E)  "Water resources" means all waters of the state         2,005        

occurring on the surface in natural or artificial channels,        2,006        

lakes, reservoirs, or impoundments, and underground in subsurface  2,007        

aquifers, which THAT are available or may be made available to     2,008        

agricultural, industrial, commercial, recreational, public, and    2,009        

domestic users.                                                    2,010        

      (F)  "Project" or "water development project" means any      2,012        

EITHER of the following:                                           2,013        

                                                          44     

                                                                 
      (1)  Any waste water facility or water management facility,  2,015        

including undivided or other interests therein, acquired or        2,016        

constructed or to be acquired or constructed by the Ohio water     2,017        

development authority under this chapter, or acquired or           2,018        

constructed or to be acquired or constructed by a governmental     2,019        

agency or person with all or a portion of the cost thereof being   2,020        

paid from a loan or grant from the authority under this chapter,   2,021        

including all buildings and facilities which THAT the authority    2,022        

deems CONSIDERS necessary for the operation of the project,        2,023        

together with all property, rights, easements, and interest which  2,025        

THAT may be required for the operation of the project;             2,026        

      (2)  Any project or activity qualifying for financial        2,028        

assistance under section 6109.22, 6111.036, or 6111.037 of the     2,029        

Revised Code.                                                      2,030        

      (G)  "Pollution" means the placing of any noxious or         2,032        

deleterious substances in any waters of the state or otherwise     2,033        

affecting the waters or properties of any waters of the state,     2,034        

including the temperature or radioactivity thereof, in a manner    2,035        

which THAT is or renders such THE waters harmful or inimical to    2,037        

the public health, or to animal or aquatic life, or to the use of  2,038        

such THE waters for domestic water supply, industrial, or          2,039        

agricultural purposes, or recreation.                                           

      (H)  "Sewage" means any substance that contains any of the   2,041        

waste products or excrementitious or other discharge from the      2,042        

bodies of human beings or animals, which AND THAT pollutes the     2,043        

waters of the state, or which THAT in the absence of a waste       2,045        

water facility would pollute or cause greater pollution of the     2,046        

waters of the state.                                               2,047        

      (I)  "Industrial waste" means any liquid, gaseous, or solid  2,049        

waste substance, heat, radioactivity, or radiation, resulting      2,050        

from any process of industry, manufacture, trade, or business, or  2,051        

from the development, processing, or recovery of any natural       2,052        

resource, together with such sewage as is present, which THAT      2,053        

pollutes the waters of the state, or which THAT in the absence of  2,055        

                                                          45     

                                                                 
a waste water facility would pollute or cause greater pollution    2,057        

of the waters of the state.                                        2,058        

      (J)  "Waste water" means any water containing sewage or      2,060        

industrial waste or other pollutants or contaminants derived from  2,061        

the prior use of such THE water.                                   2,062        

      (K)  "Waste water facilities" means facilities, property,    2,064        

or the modification or replacement of property, for the purpose    2,065        

of treating, neutralizing, disposing of, stabilizing, dispersing,  2,066        

cooling, segregating, or holding waste water, or for the removal,  2,067        

reduction, containment, alteration, storage, or disposal of        2,068        

sewage or industrial waste or substances containing sewage or      2,069        

industrial waste, or FOR the prevention or reduction, or           2,070        

reduction of the concentration, of pollution of the waters of the  2,071        

state, including, without limitation, facilities for the           2,072        

withdrawal of waters of the state, facilities for the treatment    2,073        

and disposal of sewage or industrial waste and the residue         2,074        

thereof, facilities for the temporary or permanent impoundment of  2,075        

waste water, both surface and underground, and sanitary sewers     2,076        

and other systems, whether on the surface or underground,          2,077        

designed to transport waste water together with the equipment and  2,078        

furnishings thereof and their appurtenances and systems, whether   2,079        

on the surface or underground, including force mains and pumping   2,080        

facilities therefor when necessary, and facilities or              2,081        

expenditures which THAT qualify as water pollution control         2,082        

facilities under Section 103(C) (4) (F) of the Internal Revenue    2,083        

Code of 1954, as amended, and regulations ADOPTED thereunder, and  2,084        

further ALSO includes any property or system to be used in whole   2,086        

or in part for any of the aforesaid FOREGOING purposes, whether    2,087        

or not another purpose is also served, and any property or system  2,089        

incidental to or which THAT has to do with or the end purpose of   2,091        

which is any of the foregoing.  Waste water facilities as defined  2,092        

in this division for industry, commerce, distribution, or          2,093        

research, including public utility companies, are hereby           2,094        

determined to be those which THAT qualify as facilities for the    2,096        

                                                          46     

                                                                 
control of water pollution and thermal pollution related to water  2,097        

under Section 13 of Article VIII, Ohio Constitution.                            

      (L)  "Water management facilities" means facilities for the  2,099        

development, use, and protection of water resources, including,    2,100        

without limitation, facilities for water supply, facilities for    2,101        

stream flow improvement, dams, reservoirs, and other               2,102        

impoundments, water transmission lines, water wells and well       2,103        

fields, pumping stations and works for underground water           2,104        

recharge, facilities for the management and treatment of storm     2,105        

water, stream monitoring systems, facilities for the               2,106        

stabilization of stream and river banks, and facilities for the    2,107        

treatment of streams and rivers, including, without limitation,    2,108        

facilities for the removal of oil, debris, and other solid waste   2,109        

from the waters of the state and stream and river aeration         2,110        

facilities.                                                        2,111        

      (M)  "Cost" as applied to water development project means    2,113        

the cost of acquisition and construction, the cost of acquisition  2,114        

of all land, rights-of-way, property rights, easements, franchise  2,115        

rights, and interests required for such THAT acquisition and       2,116        

construction, the cost of demolishing or removing any buildings    2,117        

or structures on land so acquired, including the cost of           2,118        

acquiring any lands to which such THE buildings or structures may  2,120        

be moved, the cost of acquiring or constructing and equipping a    2,121        

principal office and sub-offices of the authority, the cost of     2,122        

diverting highways, interchange of highways, OR access roads to    2,123        

private property, including the cost of land or easements          2,124        

therefor, the cost of all machinery, furnishings, and equipment,   2,125        

financing charges, interest prior to and during construction and   2,126        

for no more than eighteen months after completion of               2,127        

construction, engineering COSTS, expenses of research and          2,128        

development with respect to waste water or water management        2,129        

facilities, legal expenses, THE COST OF plans, specifications,     2,130        

AND surveys, estimates of cost and revenues, working capital,      2,132        

other expenses necessary or incident to determining the            2,133        

                                                          47     

                                                                 
feasibility or practicability of acquiring or constructing any     2,134        

such project, administrative expense, and such other expense as    2,135        

may be necessary or incident to the acquisition or construction    2,136        

of the project, the financing of such THE acquisition or           2,137        

construction including the amount authorized in the resolution of  2,138        

the authority providing for the issuance of water development                   

revenue bonds to be paid into any special funds from the proceeds  2,139        

of such THE bonds, and the financing of the placing of any such    2,141        

project in operation.  Any obligation, cost, or expense incurred   2,142        

by any governmental agency or person for surveys, borings,         2,143        

preparation of plans and specifications, and other engineering     2,144        

services, or any other costs described above, in connection with   2,145        

the acquisition or construction of a project may be regarded as a  2,146        

part of the cost of such THE project and may be reimbursed out of  2,148        

the proceeds of water development revenue bonds as authorized by   2,149        

this chapter.                                                      2,150        

      (N)  "Owner" includes all individuals, copartnerships,       2,152        

associations, corporations, or governmental agencies having any    2,153        

title or interest in any property rights, easements, and           2,154        

interests authorized to be acquired by this chapter.               2,155        

      (O)  "Revenues" means all rentals and other charges for the  2,157        

use or services of any water development project, any gift or      2,158        

grant received with respect thereto, including, without            2,159        

limitation, any moneys received by the authority pursuant to an    2,160        

agreement entered into under section 6109.22, 6111.036, or         2,161        

6111.037 of the Revised Code, any moneys received with respect to  2,163        

the lease, sublease, sale, including installment sale or           2,164        

conditional sale, or conditional sale, or other disposition of a   2,165        

project, moneys received in repayment of and for interest on any   2,166        

loan made by the authority to a person or governmental agency,     2,167        

whether from the United States or a department, administration,    2,168        

or agency thereof, or otherwise, proceeds of such bonds to the     2,169        

extent of THAT use thereof for payment of principal of, premium    2,172        

if any, or interest on the bonds is authorized by the authority,   2,173        

                                                          48     

                                                                 
proceeds from any insurance, condemnation, or guaranty pertaining  2,174        

to a project or property mortgaged to secure bonds or pertaining   2,175        

to the financing of the project, and income and profit from the    2,176        

investment of the proceeds of water development revenue bonds or   2,177        

of any revenues.                                                                

      (P)  "Public roads" includes all public highways, roads,     2,179        

and streets in the state, whether maintained by the state,         2,180        

county, municipal corporation, township, or other political        2,181        

subdivision.                                                       2,182        

      (Q)  "Public utility facilities" includes tracks, pipes,     2,184        

mains, conduits, cables, wires, towers, poles, and other           2,185        

equipment and appliances of any public utility.                    2,186        

      (R)  "Construction," unless the context indicates a          2,188        

different meaning or intent, includes reconstruction,              2,189        

enlargement, improvement, or providing furnishings or equipment.   2,190        

      (S)  "Water development revenue bonds," unless the context   2,192        

indicates a different meaning or intent, includes water            2,193        

development revenue notes, water development revenue renewal       2,194        

notes, and water development revenue refunding bonds, except that  2,195        

notes issued in anticipation of the issuance of bonds shall have   2,196        

a maximum maturity of five years as provided in section 6121.06    2,197        

of the Revised Code and notes or renewal notes issued as the       2,198        

definitive obligation may be issued maturing at such time or       2,199        

times as the authority determines with a maximum maturity of       2,200        

forty years from the date of issuance of the original note.        2,201        

      Sec. 6121.04.  The Ohio water development authority may DO   2,210        

ANY OR ALL OF THE FOLLOWING:                                       2,211        

      (A)  Adopt bylaws for the regulation of its affairs and the  2,213        

conduct of its business;                                           2,214        

      (B)  Adopt an official seal;                                 2,216        

      (C)  Maintain a principal office and suboffices at such      2,218        

places within the state as THAT it designates;                     2,219        

      (D)  Sue and plead in its own name;, AND be sued and         2,221        

impleaded in its own name with respect to its contracts or torts   2,223        

                                                          49     

                                                                 
of its members, employees, or agents acting within the scope of    2,224        

their employment, or to enforce its obligations and covenants      2,225        

made under sections 6121.06, 6121.08, and 6121.13 of the Revised   2,226        

Code. Any such actions against the authority shall be brought in   2,227        

the court of common pleas of the county in which the principal     2,228        

office of the authority is located, or in the court of common      2,229        

pleas of the county in which the cause of action arose, provided   2,230        

such THAT THE county is located within this state, and all         2,231        

summonses, exceptions, and notices of every kind shall be served   2,232        

on the authority by leaving a copy thereof at the principal        2,233        

office with the person in charge thereof or with the               2,234        

secretary-treasurer of the authority.                              2,235        

      (E)  Make loans and grants to governmental agencies for the  2,237        

acquisition or construction of water development projects by any   2,238        

such governmental agency and adopt rules and procedures for        2,239        

making such loans and grants;                                      2,240        

      (F)  Acquire, construct, reconstruct, enlarge, improve,      2,242        

furnish, equip, maintain, repair, operate, OR lease or rent to,    2,243        

or contract for operation by, a governmental agency or person,     2,244        

water development projects, and establish rules for the use of     2,245        

such projects;                                                     2,246        

      (G)  Make available the use or services of any water         2,248        

development project to one or more persons, one or more            2,249        

governmental agencies, or any combination thereof;                 2,250        

      (H)  Issue water development revenue bonds and notes and     2,252        

water development revenue refunding bonds of the state, payable    2,253        

solely from revenues as provided in section 6121.06 of the         2,254        

Revised Code, unless the bonds are refunded by refunding bonds,    2,255        

for the purpose of paying any part of the cost of one or more      2,256        

water development projects or parts thereof;                       2,257        

      (I)  Acquire by gift or purchase, hold, and dispose of real  2,259        

and personal property in the exercise of its powers and the        2,260        

performance of its duties under sections 6121.01 to 6121.22 of     2,261        

the Revised Code THIS CHAPTER;                                     2,262        

                                                          50     

                                                                 
      (J)  Acquire, in the name of the state, by purchase or       2,264        

otherwise, on such terms and in such manner as it considers        2,265        

proper, or by the exercise of the right of condemnation in the     2,266        

manner provided by section 6121.18 of the Revised Code, such       2,267        

public or private lands, including public parks, playgrounds, or   2,268        

reservations, or parts thereof or rights therein, rights-of-way,   2,269        

property, rights, easements, and interests as it considers         2,270        

necessary for carrying out sections 6121.01 to 6121.22 of the      2,271        

Revised Code THIS CHAPTER, but excluding the acquisition by the    2,272        

exercise of the right of condemnation of any waste water facility  2,274        

or water management facility owned by any person or governmental   2,275        

agency, and compensation shall be paid for public or private       2,276        

lands so taken, except that a government owned waste water         2,277        

facility may be appropriated in accordance with section 6121.041   2,278        

of the Revised Code;                                               2,279        

      (K)  Adopt rules to protect augmented flow in waters of the  2,281        

state, to the extent augmented by a water development project,     2,282        

from depletion so it will be available for beneficial use, and to  2,283        

provide standards for the withdrawal from waters of the state of   2,284        

the augmented flow created by a water development project which    2,285        

THAT is not returned to the waters of the state so augmented and   2,286        

to establish reasonable charges therefor if considered necessary   2,287        

by the authority;                                                  2,288        

      (L)  Make and enter into all contracts and agreements and    2,290        

execute all instruments necessary or incidental to the             2,291        

performance of its duties and the execution of its powers under    2,292        

this chapter; IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:       2,294        

      (1)  When the cost under any such contract or agreement,     2,296        

other than compensation for personal services, involves an         2,297        

expenditure of more than ten thousand dollars, the authority       2,298        

shall make a written contract with the lowest responsive and       2,299        

responsible bidder, in accordance with section 9.312 of the        2,300        

Revised Code, after advertisement for not less than two            2,301        

consecutive weeks in a newspaper of general circulation in         2,302        

                                                          51     

                                                                 
Franklin county, and in such other publications as the authority   2,303        

determines, which notice shall state the general character of the  2,304        

work and the general character of the materials to be furnished,   2,305        

the place where plans and specifications therefor may be           2,306        

examined, and the time and place of receiving bids;, provided,     2,308        

that a contract or lease for the operation of a water development  2,309        

project constructed and owned by the authority or an agreement     2,310        

for cooperation in the acquisition or construction of a water      2,311        

development project pursuant to section 6121.13 of the Revised     2,312        

Code or any contract for the construction of a water development   2,313        

project that is to be leased by the authority to, and operated     2,314        

by, persons who are not governmental agencies and the cost of      2,315        

such THE project is to be amortized exclusively from rentals or    2,316        

other charges paid to the authority by persons who are not         2,318        

governmental agencies is not subject to the foregoing              2,319        

requirements and the authority may enter into such A contract or   2,320        

lease or such AN agreement pursuant to negotiation and upon such   2,322        

terms and conditions and for such period as it finds to be         2,323        

reasonable and proper in the circumstances and in the best         2,324        

interests of proper operation or of efficient acquisition or       2,325        

construction of such THE project.                                               

      (2)  Each bid for a contract for the construction,           2,327        

demolition, alteration, repair, or reconstruction of an            2,328        

improvement shall contain the full name of every person            2,329        

interested in it and meets SHALL MEET the requirements of section  2,331        

153.54 of the Revised Code.                                        2,332        

      (3)  Each bid for a contract except as provided in division  2,334        

(L)(2) of this section shall contain the full name of every        2,335        

person or company interested in it and shall be accompanied by a   2,336        

sufficient bond or certified check on a solvent bank that if the   2,337        

bid is accepted, a contract will be entered into and the           2,338        

performance thereof secured.                                       2,339        

      (4)  The authority may reject any and all bids.              2,341        

      (5)  A bond with good and sufficient surety, approved by     2,343        

                                                          52     

                                                                 
the authority, shall be required of every contractor awarded a     2,344        

contract except as provided in division (L)(2) of this section,    2,345        

in an amount equal to at least fifty per cent of the contract      2,346        

price, conditioned upon the faithful performance of the contract.  2,347        

      (M)  Employ managers, superintendents, and other employees   2,349        

and retain or contract with consulting engineers, financial        2,350        

consultants, accounting experts, architects, attorneys, and other  2,351        

consultants and independent contractors as are necessary in its    2,352        

judgment to carry out this chapter, and fix the compensation       2,353        

thereof.  All expenses thereof shall be payable solely from the    2,354        

proceeds of water development revenue bonds or notes issued under  2,355        

this chapter, from revenues, or from funds appropriated for such   2,356        

THAT purpose by the general assembly.                              2,357        

      (N)  Receive and accept from any federal agency, subject to  2,359        

the approval of the governor, grants for or in aid of the          2,360        

construction of any water development project or for research and  2,361        

development with respect to waste water or water management        2,362        

facilities, and receive and accept aid or contributions from any   2,363        

source of money, property, labor, or other things of value, to be  2,364        

held, used, and applied only for the purposes for which such THE   2,365        

grants and contributions are made;                                 2,366        

      (O)  Engage in research and development with respect to      2,368        

waste water or water management facilities;                        2,369        

      (P)  Purchase fire and extended coverage and liability       2,371        

insurance for any water development project and for the principal  2,372        

office and suboffices of the authority, insurance protecting the   2,373        

authority and its officers and employees against liability for     2,374        

damage to property or injury to or death of persons arising from   2,375        

its operations, and any other insurance the authority may agree    2,376        

to provide under any resolution authorizing its water development  2,377        

revenue bonds or in any trust agreement securing the same;         2,378        

      (Q)  Charge, alter, and collect rentals and other charges    2,380        

for the use or services of any water development project as        2,381        

provided in section 6121.13 of the Revised Code;                   2,382        

                                                          53     

                                                                 
      (R)  Provide coverage for its employees under sections       2,384        

4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of    2,385        

the Revised Code;                                                  2,386        

      (S)  Assist in the implementation and administration of the  2,388        

DRINKING WATER ASSISTANCE FUND AND PROGRAM CREATED IN SECTION      2,389        

6109.22 OF THE REVISED CODE AND THE water pollution control loan   2,390        

fund and program created in section 6111.036 of the Revised Code,  2,392        

including, without limitation, performing or providing fiscal      2,393        

management for the fund FUNDS and investing and disbursing moneys  2,394        

in the fund FUNDS, and may enter into all necessary and            2,396        

appropriate agreements with the director of environmental          2,397        

protection for such THOSE purposes;                                             

      (T)  Issue water development revenue bonds and notes of the  2,399        

state in such principal amounts as THAT are necessary for the      2,401        

purpose of raising moneys for the sole benefit of the water        2,402        

pollution control loan fund created in section 6111.036 of the     2,403        

Revised Code, including moneys to meet the requirement for         2,404        

providing matching moneys under division (D) of that section.      2,405        

The bonds and notes may be secured by appropriate trust            2,406        

agreements and repaid from moneys credited to the fund from        2,407        

payments of principal and interest on loans made from the fund,    2,408        

as provided in division (F) of section 6111.036 of the Revised     2,409        

Code.                                                                           

      (U)  ISSUE WATER DEVELOPMENT REVENUE BONDS AND NOTES OF THE  2,411        

STATE IN PRINCIPAL AMOUNTS THAT ARE NECESSARY FOR THE PURPOSE OF   2,412        

RAISING MONEYS FOR THE SOLE BENEFIT OF THE DRINKING WATER          2,413        

ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE REVISED CODE,    2,416        

INCLUDING MONEYS TO MEET THE REQUIREMENT FOR PROVIDING MATCHING    2,417        

MONEYS UNDER DIVISIONS (B) AND (F) OF THAT SECTION.  THE BONDS     2,419        

AND NOTES MAY BE SECURED BY APPROPRIATE TRUST AGREEMENTS AND       2,420        

REPAID FROM MONEYS CREDITED TO THE FUND FROM PAYMENTS OF           2,421        

PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND, AS PROVIDED    2,422        

IN DIVISION (F) OF SECTION 6109.22 OF THE REVISED CODE.            2,425        

      (V)  Do all acts necessary or proper to carry out the        2,427        

                                                          54     

                                                                 
powers expressly granted in this chapter.                          2,428        

      Sec. 6121.06.  (A)  The Ohio water development authority     2,437        

may, from time to time, MAY issue water development revenue bonds  2,439        

and notes of the state in such principal amount as, in the         2,440        

opinion of the authority, are necessary for the purpose of paying  2,441        

any part of the cost of one or more water development projects or  2,442        

parts thereof.  The authority may, from time to time, MAY issue    2,443        

renewal notes, issue bonds to pay such THOSE notes, and whenever   2,445        

it deems CONSIDERS refunding, including funding and retirement,    2,446        

expedient, refund any bonds by the issuance of water development   2,448        

revenue refunding bonds of the state, whether the bonds to be      2,449        

refunded have or have not matured, and issue bonds partly to       2,450        

refund bonds then outstanding, and partly for any other            2,451        

authorized purpose.  The refunding bonds may be issued in amounts  2,452        

sufficient for payment of the principal amount of the bonds to be  2,453        

so refunded, any redemption premiums thereon, principal            2,454        

maturities of any bonds maturing prior to the redemption of the    2,455        

bonds to be so refunded, interest accrued or to accrue to the      2,456        

maturity dates or dates of redemption of such THE bonds, and any   2,457        

expenses incurred or to be incurred in connection with such THE    2,458        

refunding, funding, and retirement and issuance of the bonds.      2,459        

Except                                                                          

      EXCEPT as may otherwise be expressly provided by the         2,462        

authority, every issue of its bonds or notes shall be general      2,463        

obligations of the authority payable out of the revenues of the    2,464        

authority, which are pledged for such THAT payment, without        2,465        

preference or priority of the first bonds issued, subject only to  2,466        

any agreements with the holders of particular bonds or notes       2,467        

pledging any particular revenues.  The pledge shall be valid and   2,468        

binding from the time the pledge is made, and the revenues so      2,469        

pledged and thereafter received by the authority shall             2,470        

immediately SHALL be subject to the lien of that pledge without    2,472        

any physical delivery thereof or further act, and the lien of any  2,473        

such pledge is valid and binding as against all parties having     2,474        

                                                          55     

                                                                 
claims of any kind in tort, contract, or otherwise against the     2,475        

authority, irrespective of whether such THE parties have notice    2,477        

thereof.  Neither the resolution nor any trust agreement by which  2,478        

a pledge is created need be filed or recorded except in the        2,479        

records of the authority.                                                       

      Whether or not the bonds or notes are of such form and       2,481        

character as to be negotiable instruments, the bonds or notes      2,482        

shall have all the qualities and incidents of negotiable           2,483        

instruments, subject only to the provisions of the bonds or notes  2,484        

for registration.                                                  2,485        

      The bonds and notes shall be authorized by resolution of     2,487        

the authority, shall bear such date or dates, and shall mature at  2,488        

such time or times, in the case of any such note or any renewals   2,489        

thereof not exceeding five years from the date of issue of the     2,490        

original note, and in the case of any such bond not exceeding      2,491        

forty years from the date of issue, as such THE resolution or      2,492        

resolutions may provide.  The bonds and notes shall bear interest  2,493        

at such rate or rates, be in such denominations, be in such form,  2,494        

either coupon or registered, carry such registration privileges,   2,495        

be payable in such medium of payment, at such place or places,     2,496        

and be subject to such terms of redemption as the authority may    2,497        

authorize.  The bonds and notes of the authority may be sold by    2,498        

the authority, at public or private sale, at or not less than      2,499        

such price or prices as the authority determines.  The             2,500        

      THE bonds and notes shall be executed by the chairman        2,503        

CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the authority,   2,505        

either or both of whom may use a facsimile signature, the          2,506        

official seal of the authority or a facsimile thereof shall be     2,507        

affixed thereto or printed thereon and attested, manually or by    2,508        

facsimile signature, by the secretary-treasurer of the authority,  2,509        

and any coupons attached thereto shall bear the signature or       2,510        

facsimile signature of the chairman CHAIRPERSON of the authority.  2,511        

In case IF any officer whose signature, or a facsimile of whose    2,513        

signature, appears on any bonds, notes, or coupons ceases to be    2,514        

                                                          56     

                                                                 
such an officer before delivery of THE bonds or notes, his THE     2,515        

OFFICER'S signature or facsimile is nevertheless sufficient for    2,516        

all purposes the same as if he THE OFFICER had remained in office  2,517        

until such THE delivery, and in case IF the seal of the authority  2,519        

has been changed after a facsimile has been imprinted on such ANY  2,520        

bonds or notes, such THE facsimile seal will continue CONTINUES    2,521        

to be sufficient for all purposes.                                 2,523        

      Any resolution or resolutions authorizing any bonds or       2,525        

notes or any issue thereof may contain provisions, subject to      2,526        

such agreements with bondholders or noteholders as may then exist  2,528        

THEN, which provisions shall be a part of the contract with the                 

holders thereof, as to:  pledging all or any part of the revenues  2,529        

of the authority to secure the payment of the bonds or notes or    2,530        

of any issue thereof; the use and disposition of revenues of the   2,531        

authority; a covenant to fix, alter, and collect rentals and       2,532        

other charges so that pledged revenues will be sufficient to pay   2,533        

costs of operation, maintenance, and repairs, pay principal of     2,534        

and interest on bonds or notes secured by the pledge of such THE   2,535        

revenues, and provide such reserves as may be required by the      2,536        

applicable resolution or trust agreement; the setting aside of     2,537        

reserve funds, sinking funds, or replacement and improvement       2,538        

funds and the regulation and disposition thereof; the crediting    2,539        

of the proceeds of the sale of bonds or notes to and among the     2,540        

funds referred to or provided for in the resolution authorizing    2,541        

the issuance of the bonds or notes; the use, lease, sale, or       2,542        

other disposition of any water development project or any other    2,543        

assets of the authority; limitations on the purpose to which the   2,544        

proceeds of sale of bonds or notes may be applied and pledging     2,545        

such THE proceeds to secure the payment of the bonds or notes or   2,546        

of any issue thereof; with regard to notes issued in anticipation  2,548        

of the issuance of bonds, the agreement of the authority to do     2,549        

all things necessary for the authorization, issuance, and sale of  2,550        

such THE bonds in such amounts as may be necessary for the timely  2,552        

retirement of such THE notes; limitations on the issuance of       2,553        

                                                          57     

                                                                 
additional bonds or notes; the terms upon which additional bonds   2,554        

or notes may be issued and secured; the refunding of outstanding   2,555        

bonds or notes; the procedure, if any, by which the terms of any   2,556        

contract with bondholders or noteholders may be amended or         2,557        

abrogated, the amount of bonds or notes the holders of which must  2,558        

consent thereto, and the manner in which such THAT consent may be  2,560        

given; limitations on the amount of moneys to be expended by the   2,561        

authority for operating, administrative, or other expenses of the  2,562        

authority; securing any bonds or notes by a trust agreement in     2,563        

accordance with section 6121.11 of the Revised Code; and any       2,564        

other matters, of like or different character, which THAT in any   2,565        

way affect the security or protection of the bonds or notes.       2,567        

      (B)  An action taken under this division does not limit the  2,569        

generality of division (A) of this section.                        2,570        

      A resolution authorizing the issuance of bonds or notes by   2,572        

the authority to provide all or a portion of the state's match     2,573        

for federal capitalization grants under Title VI of the "Clean     2,574        

Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, as amended,   2,575        

to the water pollution control loan fund created in section        2,576        

6111.036 of the Revised Code, OR FOR FEDERAL CAPITALIZATION        2,577        

GRANTS UNDER TITLE I OF THE "SAFE DRINKING WATER ACT AMENDMENTS    2,584        

OF 1996," 110 STAT. 1613, 42 U.S.C.A. 300(F), AS AMENDED, TO THE   2,587        

DRINKING WATER ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE   2,588        

REVISED CODE, and establishing a reserve fund IN EITHER CASE for   2,590        

the payment of the principal of and interest on such THE bonds or  2,591        

notes may include, in the event that the revenues primarily        2,592        

pledged and required to be used for such payments are              2,593        

insufficient to make any such THE payment in full when due, a      2,594        

covenant of the director of environmental protection that if the   2,595        

principal of or interest on any such bonds or notes is paid with   2,596        

moneys drawn from such a reserve fund, the director shall so       2,598        

notify the governor, and shall determine to what extent, if any,                

the moneys so drawn may be restored to the reserve fund from       2,601        

available moneys previously appropriated to the environmental      2,602        

                                                          58     

                                                                 
protection agency.  The covenant also shall provide that if the    2,603        

moneys so drawn are not immediately and fully restored to the      2,604        

reserve fund from such available moneys, the director shall        2,605        

promptly submit to the governor and to the director of budget and  2,606        

management a written request for either or both of the following:  2,607        

      (1)  That the next biennial budget submitted by the          2,609        

governor to the general assembly include an amount to be           2,610        

appropriated to the environmental protection agency sufficient     2,611        

for the full replenishment of the reserve fund;                    2,612        

      (2)  That the general assembly be requested to increase      2,614        

appropriations for the environmental protection agency in the      2,615        

current biennium sufficient for the full replenishment of the      2,616        

reserve fund.                                                      2,617        

      The director shall include with such requests a              2,619        

recommendation that the replenishment of the reserve fund be made  2,620        

in the interest of maximizing the state's entitlements to federal  2,621        

funds under Title VI of the "Clean Water Act of 1977," 91 Stat.    2,622        

1566, 33 U.S.C.A. 1251, as amended, OR UNDER TITLE I OF THE "SAFE  2,625        

DRINKING WATER ACT AMENDMENTS OF 1996," 110 STAT. 1613, 42         2,631        

U.S.C.A. 300(f), AS AMENDED, AS APPLICABLE, thereby also           2,633        

maximizing the benefits of the water pollution control loan fund   2,634        

OR THE DRINKING WATER ASSISTANCE FUND, AS APPLICABLE, to the       2,635        

political subdivisions that pay the cost of wastewater treatment   2,636        

projects OR DRINKING WATER PROJECTS with low-cost loans from that  2,637        

fund THOSE FUNDS.  Any such covenant shall not obligate or         2,639        

purport to obligate the state to pay the principal of or interest  2,640        

on such THE bonds or notes or to deposit moneys in a reserve fund  2,642        

established for such THOSE payments other than from moneys         2,644        

lawfully appropriated for that purpose during the then-current     2,645        

biennium.                                                                       

      (C)  Neither the members of the authority nor any person     2,647        

executing bonds or notes under this section shall be IS liable     2,648        

personally on the bonds or notes or be IS subject to any personal  2,650        

liability or accountability by reason of the issuance thereof.     2,651        

                                                          59     

                                                                 
      Section 2.  That existing sections 3745.11, 6103.22,         2,653        

6109.01, 6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06  2,654        

of the Revised Code are hereby repealed.                           2,655