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
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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
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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
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(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