As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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-WILSON- 10
LOGAN-ROBERTS-WESTON-CATES-GRENDELL-VESPER-TAYLOR-BRADING- 11
VERICH-GARDNER-LEWIS-ROMAN-OPFER-COLONNA-MOTTLEY-CORBIN-MYERS- 12
O'BRIEN-PATTON-BRADY-HARRIS 13
15
A B I L L
To amend sections 3745.11, 6103.22, 6109.01, 17
6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 18
6121.06 and to enact sections 6109.22, 6109.23, 19
and 6109.24 of the Revised Code to authorize the 20
Director of Environmental Protection to develop 21
and implement a drinking water assistance loan 22
program consistent with the federal Safe Drinking 23
Water Act Amendments of 1996 and to receive and 24
disburse federal capitalization grant moneys for 25
the purposes of that program, and to make other 26
changes in the state's safe drinking water 27
program in accordance with that act. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 3745.11, 6103.22, 6109.01, 32
6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 be 33
amended and sections 6109.22, 6109.23, and 6109.24 of the Revised 34
Code be enacted to read as follows: 35
Sec. 3745.11. (A) Applicants for and holders of permits, 44
licenses, variances, plan approvals, and certifications issued by 45
the director of environmental protection pursuant to Chapters 46
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 47
2
fee to the environmental protection agency for each such issuance 48
and each application for an issuance as provided by this section. 49
No fee shall be charged for any issuance for which no application 50
has been submitted to the director. 51
(B) Prior to January 1, 1994, each person issued a permit 53
to operate, variance, or permit to install under section 3704.03 54
of the Revised Code shall pay the fees specified in the following 55
schedule: 56
(1) Fuel-Burning Equipment 58
Input capacity 60
(million British Permit Permit 61
thermal units to to 63
per hour) operate Variance install 66
0 or more, but 69
less than 10 $ 75 $225 $ 100
10 or more, but 70
less than 100 210 450 390
100 or more, but 71
less than 300 270 675 585
300 or more, but 72
less than 500 330 900 780
500 or more 500 975 1000 73
Any fuel-burning equipment using only natural gas, propane, 76
liquefied petroleum gas, or number two or lighter fuel oil shall 77
be assessed a fee one-half of that shown. 78
(2) Incinerators 80
Input capacity Permit Permit 83
(pounds per to to 85
hour) operate VARIANCE install 89
0 to 50 $ 50 $225 $ 65 92
51 to 500 210 450 390 93
501 to 2000 270 675 585 94
2001 to 30,000 330 900 780 95
more than 30,000 500 975 1000 96
3
(3) Process 99
Process weight Permit Permit 102
rate to to 103
(pounds per hour) operate Variance install 106
0 to 1000 $100 $225 $ 200 109
1001 to 5000 210 450 390 110
5001 to 10,000 270 675 585 111
10,001 to 50,000 330 900 780 112
more than 50,000 500 975 1000 113
In any process where process weight rate cannot be 116
ascertained, the minimum fee shall be assessed. 117
(4) Storage tanks 119
Gallons Permit to Permit to 122
(capacity) operate Variance install 124
less than 40,000 $150 $225 $ 195 127
40,000 or more, but 128
less than 100,000 210 450 390
100,000 or more, but 129
less than 400,000 270 675 585
400,000 or more, but 130
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 131
(5) Gasoline 134
Gasoline dispensing Permit to Permit to 137
facilities operate Variance install 139
For each gasoline 142
dispensing
facility $20 $100 $50
(6) Dry cleaning 145
Dry cleaning Permit to Permit to 148
facilities operate Variance install 150
For each dry 153
cleaning facility $50 $200 $100
4
(7) Coal mining operations regulated under Chapter 1513. 156
of the Revised Code shall be assessed a fee of two hundred fifty 157
dollars per mine or location. 158
(C)(1) Except as otherwise provided in division (C)(2) of 160
this section, beginning July 1, 1994, each person who owns or 161
operates an air contaminant source and who is required to apply 162
for and obtain a Title V permit under section 3704.036 of the 163
Revised Code shall pay the fees set forth in division (C)(1) of 164
this section. For the purposes of that division, total emissions 165
of air contaminants may be calculated using engineering 166
calculations, emissions factors, material balance calculations, 167
or performance testing procedures, as authorized by the director. 168
The following fees shall be assessed on the total actual 170
emissions from a source in tons per year of the regulated 171
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 172
organic compounds, and lead: 173
(a) Fifteen dollars per ton on the total actual emissions 175
of each such regulated pollutant during the period July through 176
December 1993, to be collected no sooner than July 1, 1994; 177
(b) Twenty dollars per ton on the total actual emissions 179
of each such regulated pollutant during calendar year 1994, to be 180
collected no sooner than April 15, 1995; 181
(c) Twenty-five dollars per ton on the total actual 183
emissions of each such regulated pollutant in calendar year 1995, 184
and each subsequent calendar year, to be collected no sooner than 185
the fifteenth day of April of the year next succeeding the 186
calendar year in which the emissions occurred. 187
The fees levied under division (C)(1) of this section do 189
not apply to that portion of the emissions of a regulated 190
pollutant at a facility that exceed four thousand tons during a 191
calendar year. 192
(2) The fees assessed under division (C)(1) of this 194
section are for the purpose of providing funding for the Title V 195
permit program. 196
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(3) The fees assessed under division (C)(1) of this 198
section do not apply to emissions from any electric generating 199
unit designated as a Phase I unit under Title IV of the federal 200
Clean Air Act prior to calendar year 2000. Those fees shall be 201
assessed on the emissions from such a generating unit commencing 202
in calendar year 2001 based upon the total actual emissions from 203
the generating unit during calendar year 2000. 204
(4) The director shall issue invoices to owners or 206
operators of air contaminant sources who are required to pay a 207
fee assessed under division (C) or (D) of this section. Any such 208
invoice shall be issued no sooner than the applicable date when 209
the fee first may be collected in a year under the applicable 210
division, shall identify the nature and amount of the fee 211
assessed, and shall indicate that the fee is required to be paid 212
within thirty days after the issuance of the invoice. 213
(D) Beginning January 1, 1994, each person who owns or 215
operates an air contaminant source; who is required to apply for 216
a permit to operate pursuant to rules adopted under division (G), 217
or a variance pursuant to division (H), of section 3704.03 of the 218
Revised Code; and who is not required to apply for and obtain a 219
Title V permit under section 3704.036 of the Revised Code shall 220
pay a single fee based upon the sum of the actual annual 221
emissions from the facility of the regulated pollutants 222
particulate matter, sulfur dioxide, nitrogen oxides, organic 224
compounds, and lead in accordance with the following schedule: 225
Total tons per year 227
of regulated pollutants Annual fee 228
emitted per facility 229
More than 0, but less than 50 $ 75 232
50 or more, but less than 100 300 233
100 or more 700 234
The fees assessed under this division shall be collected 237
annually no sooner than the fifteenth day of April, commencing in 238
1995. The fee assessed under this division in a calendar year 239
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shall be based upon the sum of the actual emissions of those 240
regulated pollutants during the preceding calendar year. For the 241
purpose of this division, emissions of air contaminants may be 242
calculated using engineering calculations, emission factors, 243
material balance calculations, or performance testing procedures, 244
as authorized by the director. The director, by rule, may 245
require persons who are required to pay the fees assessed under 246
this division to pay those fees biennially rather than annually. 247
(E)(1) Consistent with the need to cover the reasonable 249
costs of the Title V permit program, the director annually shall 250
increase the fees prescribed in division (C)(1) of this section 251
by the percentage, if any, by which the consumer price index for 252
the most recent calendar year ending before the beginning of a 253
year exceeds the consumer price index for calendar year 1989. 254
Upon calculating an increase in fees authorized by this division 255
(E)(1) OF THIS SECTION, the director shall compile revised fee 257
schedules for the purposes of that division (C)(1) OF THIS 259
SECTION and shall make the revised schedules available to persons 261
required to pay the fees assessed under that division and to the 262
public.
(2) For the purposes of division (E)(1) of this section: 264
(a) The consumer price index for any year is the average 266
of the consumer price index for all urban consumers published by 267
the United States department of labor as of the close of the 268
twelve-month period ending on the thirty-first day of August of 269
that year; 270
(b) If the 1989 consumer price index is revised, the 272
director shall use the revision of the consumer price index that 273
is most consistent with that for calendar year 1989. 274
(F) Each person who is issued a permit to install pursuant 276
to rules adopted under division (F) of section 3704.03 of the 277
Revised Code on or after January 1, 1994, shall pay the fees 278
specified in the following schedules: 279
(1) Fuel-burning equipment (boilers) 281
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Input capacity (maximum) 283
(million British thermal units per Permit to install 284
hour)
Greater than 0, but less than 10 $ 200 285
10 or more, but less than 100 400 286
100 or more, but less than 300 800 287
300 or more, but less than 500 1500 288
500 or more, but less than 1000 2500 289
1000 or more, but less than 5000 4000 290
5000 or more 6000 291
Units burning exclusively natural gas, number two fuel oil, 294
or both shall be assessed a fee that is one-half the applicable 295
amount shown in division (F)(1) of this section. 296
(2) Incinerators 298
Input capacity (pounds per hour) Permit to install 300
0 to 100 $ 100 301
101 to 500 400 302
501 to 2000 750 303
2001 to 20,000 1000 304
more than 20,000 2500 305
(3)(a) Process 308
Process weight rate (pounds per Permit to install 310
hour)
0 to 1000 $ 200 311
1001 to 5000 400 312
5001 to 10,000 600 313
10,001 to 50,000 800 314
more than 50,000 1000 315
In any process where process weight rate cannot be 318
ascertained, the minimum fee shall be assessed. 319
(b) Notwithstanding division (F)(3)(a) of this section, 321
any person issued a permit to install pursuant to rules adopted 322
under division (F) of section 3704.03 of the Revised Code shall 323
pay the fees set forth in division (F)(3)(c) of this section for 324
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a process used in any of the following industries, as identified 325
by the applicable four-digit standard industrial classification 326
code according to the Standard Industrial Classification Manual 327
published by the United States office of management and budget in 328
the executive office of the president, 1972, as revised: 329
1211 Bituminous coal and lignite mining; 331
1213 Bituminous coal and lignite mining services; 333
1411 Dimension stone; 335
1422 Crushed and broken limestone; 337
1427 Crushed and broken stone, not elsewhere classified; 339
1442 Construction sand and gravel; 341
1446 Industrial sand; 343
3281 Cut stone and stone products; 345
3295 Minerals and earth, ground or otherwise treated. 347
(c) The fees set forth in the following schedule apply to 349
the issuance of a permit to install pursuant to rules adopted 350
under division (F) of section 3704.03 of the Revised Code for a 351
process identified in division (F)(3)(b) of this section: 352
Process weight rate Permit to install 354
(pounds per hour)
0 to 10,000 $200 355
10,001 to 50,000 300 356
50,001 to 100,000 400 357
100,001 to 200,000 500 358
200,001 to 400,000 600 359
400,001 or more 700 360
(4) Storage tanks 363
Gallons (maximum useful Permit to install 365
capacity)
0 to 20,000 $100 366
20,001 to 40,000 150 367
40,001 to 100,000 200 368
100,001 to 250,000 250 369
250,001 to 500,000 350 370
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500,001 to 1,000,000 500 371
1,000,001 or greater 750 372
(5) Gasoline/fuel dispensing facilities 375
For each gasoline/fuel Permit to install 377
dispensing facility
(includes all units at $100 378
the facility)
(6) Dry cleaning facilities 381
For each dry cleaning Permit to install 383
facility
(includes all units at $100 384
the facility)
(7) Registration status 387
Permit to install 389
For each source covered 390
by registration status $75
(G) An owner or operator who is responsible for an 393
asbestos demolition or renovation project pursuant to rules 394
adopted under section 3704.03 of the Revised Code shall pay the 395
fees set forth in the following schedule: 396
Action Fee 398
Each notification $75 399
Asbestos removal $3/unit 400
Asbestos cleanup $4/cubic yard 401
For purposes of this division, a "unit" means any combination of 405
linear feet or square feet equal to fifty. 406
(H) A person who is issued an extension of time for a 408
permit to install an air contaminant source pursuant to rules 409
adopted under division (F) of section 3704.03 of the Revised Code 410
shall pay a fee equal to one-half the fee originally assessed for 411
the permit to install under this section, except that the fee for 412
such an extension shall not exceed two hundred dollars. 413
(I) A person who is issued a modification to a permit to 415
install an air contaminant source pursuant to rules adopted under 416
10
section 3704.03 of the Revised Code shall pay a fee equal to 417
one-half of the fee that would be assessed under this section to 418
obtain a permit to install the source. The fee assessed by this 419
division only applies to modifications that are initiated by the 420
owner or operator of the source and shall not exceed two thousand 421
dollars. 422
(J) Notwithstanding division (B) or (F) of this section, a 424
person who applies for or obtains a permit to install pursuant to 425
rules adopted under division (F) of section 3704.03 of the 426
Revised Code after the date actual construction of the source 427
began shall pay a fee for the permit to install that is equal to 428
twice the fee that otherwise would be assessed under the 429
applicable division unless the applicant received authorization 430
to begin construction under division (W) of section 3704.03 of 431
the Revised Code. This division only applies to sources for 432
which actual construction of the source begins on or after July 433
1, 1993. The imposition or payment of the fee established in 434
this division does not preclude the director from taking any 435
administrative or judicial enforcement action under this chapter, 436
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 437
rule adopted under any of them, in connection with a violation of 438
rules adopted under division (F) of section 3704.03 of the 439
Revised Code. 440
As used in this division, "actual construction of the 442
source" means the initiation of physical on-site construction 443
activities in connection with improvements to the source that are 444
permanent in nature, including, without limitation, the 445
installation of building supports and foundations and the laying 446
of underground pipework. 447
(K) Fifty cents per ton of each fee assessed under 449
division (C) of this section on actual emissions from a source 450
and received by the environmental protection agency pursuant to 451
that division shall be deposited into the state treasury to the 452
credit of the small business assistance fund created in section 453
11
3706.19 of the Revised Code. The remainder of the moneys 454
received by the division pursuant to that division and moneys 455
received by the agency pursuant to divisions (D), (F), (G), (H), 456
(I), and (J) of this section shall be deposited in the state 457
treasury to the credit of the clean air fund created in section 458
3704.035 of the Revised Code. 459
(L)(1)(a) Except as otherwise provided in division 461
(L)(1)(b) or (c) of this section, a person issued a water 462
discharge permit or renewal of a water discharge permit pursuant 463
to Chapter 6111. of the Revised Code shall pay a fee based on 464
each point source to which the issuance is applicable in 465
accordance with the following schedule: 466
Design flow discharge (gallons per day) Fee 468
0 to 1000 $ 0 471
1,001 to 5000 100 472
5,001 to 50,000 200 473
50,001 to 100,000 300 474
100,001 to 300,000 525 475
over 300,000 750 476
(b) Notwithstanding the fee schedule specified in division 479
(L)(1)(a) of this section, the fee for a water discharge permit 480
that is applicable to coal mining operations regulated under 481
Chapter 1513. of the Revised Code shall be two hundred fifty 482
dollars per mine. 483
(c) Notwithstanding the fee schedule specified in division 485
(L)(1)(a) of this section, the fee for a water discharge permit 486
for a public discharger identified by I in the third character of 487
the permittee's NPDES permit number shall not exceed seven 488
hundred fifty dollars. 489
(2) A person applying for a plan approval for a wastewater 491
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 492
of the Revised Code shall pay a fee of one hundred dollars plus 493
sixty-five one-hundredths of one per cent of the estimated 494
project cost through June 30, 1998, and one hundred dollars plus 496
12
two-tenths of one per cent of the estimated project cost on and 497
after July 1, 1998, except that the total fee shall not exceed 499
fifteen thousand dollars through June 30, 1998, and five thousand 501
dollars on and after July 1, 1998. The fee shall be paid at the 503
time the application is submitted. 504
(3) A person issued a modification of a water discharge 506
permit shall pay a fee equal to one-half the fee that otherwise 507
would be charged for a water discharge permit, except that the 508
fee for the modification shall not exceed four hundred dollars. 509
(4) A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE 511
DIRECTOR UNDER SECTION 6111.14 OF THE REVISED CODE SHALL PAY AN 514
ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT 515
SECTION FOR APPROVAL THAT SHALL NOT EXCEED THE MINIMUM AMOUNT 516
NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO 517
PROCESSING PLAN APPROVALS. THE DIRECTOR ANNUALLY SHALL CALCULATE 518
THE FEE AND SHALL NOTIFY ALL PERSONS WHO HAVE ENTERED INTO 520
AGREEMENTS UNDER THAT SECTION, OR WHO HAVE APPLIED FOR 521
AGREEMENTS, OF THE AMOUNT OF THE FEE. 522
(5)(a) Not later than January 30, 1996, and January 30, 524
1997, a person holding an NPDES discharge permit issued pursuant 526
to Chapter 6111. of the Revised Code with an average daily 527
discharge flow of five thousand gallons or more shall pay a 528
nonrefundable annual discharge fee. Any person who fails to pay 529
the fee at that time shall pay an additional amount that equals 530
ten per cent of the required annual discharge fee. 531
The average daily discharge flow in gallons per day shall 533
be calculated using first day of May through thirty-first day of 534
October flow data for the period two years prior to the date on 535
which the fee is due. In the case of NPDES discharge permits for 537
new sources, the fee for the first two years of operations
OPERATION shall be calculated using the average daily design flow 538
of the facility. 540
(b) An NPDES permit holder that is a public discharger 542
shall pay the fee specified in the following schedule: 543
13
Average daily Fee due by 547
discharge flow January 30, 1996, 548
and January 30, 1997 549
5,000 to 49,999 $ 180 552
50,000 to 100,000 450 553
100,001 to 250,000 900 554
250,001 to 1,000,000 2,250 555
1,000,001 to 5,000,000 4,500 556
5,000,001 to 10,000,000 9,000 557
10,000,001 to 20,000,000 13,500 558
20,000,001 to 50,000,000 22,500 559
50,000,001 to 100,000,000 36,000 560
100,000,001 or more 54,000 561
Public dischargers owning or operating publicly owned 564
treatment works, as "treatment works" is defined in section 565
6111.01 of the Revised Code, that serve exclusively political 567
subdivisions having a population of fewer than one hundred 568
thousand through the operation of two or more publicly owned
treatment works serving the same political subdivision shall pay 569
an annual discharge fee under division (L)(4)(5)(b) of this 570
section that is based on the combined average daily discharge 571
flow of the treatment works rather than on the average daily 572
discharge flow of individual facilities comprising the treatment 573
works.
(c) An NPDES permit holder that is an industrial 575
discharger shall pay the fee specified in the following schedule: 576
Average daily Fee due by 580
discharge flow January 30, 1996, 581
and January 30, 1997 582
5,000 to 49,999 $ 180 585
50,000 to 250,000 900 586
250,001 to 1,000,000 2,250 587
1,000,001 to 5,000,000 4,500 588
5,000,001 to 10,000,000 6,750 589
14
10,000,001 to 20,000,000 9,000 590
20,000,001 to 100,000,000 10,800 591
100,000,001 to 250,000,000 12,600 592
250,000,001 or more 14,400 593
In addition to the fee specified in the above schedule, an 596
NPDES permit holder that is an industrial discharger classified 597
as a major discharger shall pay a nonrefundable annual surcharge 598
of six thousand seven hundred fifty dollars not later than 599
January 30, 1996, and not later than January 30, 1997. Any 600
person who fails to pay the surcharge at that time shall pay an 601
additional amount that equals ten per cent of the amount of the 602
surcharge. 603
(d) Notwithstanding divisions (L)(4)(5)(b) and (c) of this 605
section, a public discharger identified by I in the third 606
character of the permittee's NPDES permit number and an 607
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 608
the third character of the permittee's NPDES permit number shall 610
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1996, and not later than 612
January 30, 1997. Any person who fails to pay the fee at that 613
time shall pay an additional amount that equals ten per cent of 614
the required fee. 615
(5)(6) The director shall transmit all moneys collected 617
under division (L) of this section to the treasurer of state for 618
deposit into the state treasury to the credit of the surface 619
water protection fund created in section 6111.038 of the Revised 620
Code. 621
(6)(7) As used in division (L) of this section: 623
(a) "NPDES" means the federally approved national 625
pollutant discharge elimination system program for issuing, 626
modifying, revoking, reissuing, terminating, monitoring, and 627
enforcing permits and imposing and enforcing pretreatment 628
requirements under Chapter 6111. of the Revised Code and rules 629
adopted under it. 630
15
(b) "Public discharger" means any holder of an NPDES 632
permit identified by P in the second character of the NPDES 633
permit number assigned by the director. 634
(c) "Industrial discharger" means any holder of an NPDES 636
permit identified by I in the second character of the NPDES 637
permit number assigned by the director. 638
(d) "Major discharger" means any holder of an NPDES permit 640
classified as major by the regional administrator of the United 641
States environmental protection agency in conjunction with the 642
director. 643
(M) Through June 30, 1998, a person applying for a license 646
or license renewal to operate a public water system under section 647
6109.21 of the Revised Code shall pay the appropriate fee 648
established under this division at the time of application to the 649
director. Any person who fails to pay the fee at that time shall 650
pay an additional amount that equals ten per cent of the required 651
fee. The director shall transmit all moneys collected under this 652
division to the treasurer of state for deposit into the drinking 653
water protection fund created in section 6109.30 of the Revised 654
Code. 655
Fees required under this division shall be calculated and 657
paid in accordance with the following schedule: 658
(1) For the initial license required under division (A)(1) 660
of section 6109.21 of the Revised Code for any public water 661
system that is a community water system as defined in section 662
6109.01 of the Revised Code, and for each license renewal 663
required for such a system prior to January 31, 1998, the fee is: 665
Number of service connections Fee amount 667
Not more than 49 $ 56 670
50 to 99 88 671
Number of service connections Average cost per connection 674
100 to 2,499 $ .96 676
2,500 to 4,999 .92 677
5,000 to 7,499 .88 678
16
7,500 to 9,999 .84 679
10,000 to 14,999 .80 680
15,000 to 24,999 .76 681
25,000 to 49,999 .72 682
50,000 to 99,999 .68 683
100,000 to 149,999 .64 684
150,000 to 199,999 .60 685
200,000 or more .56 686
A public water system may determine how it will pay the 689
total amount of the fee calculated under division (M)(1) of this 690
section, including the assessment of additional user fees that 691
may be assessed on a volumetric basis. 692
As used in division (M)(1) of this section, "service 694
connection" means the number of active or inactive pipes, 695
goosenecks, pigtails, and any other fittings connecting a water 696
main to any building outlet. 697
(2) For the initial license required under division (A)(2) 699
of section 6109.21 of the Revised Code for any public water 700
system that is not a community water system and serves a 701
nontransient population, and for each license renewal required 702
for such a system prior to January 31, 1998, the fee is: 703
Population served Fee amount 705
Fewer than 150 $ 56 708
150 to 299 88 709
300 to 749 192 710
750 to 1,499 392 711
1,500 to 2,999 792 712
3,000 to 7,499 1,760 713
7,500 to 14,999 3,800 714
15,000 to 22,499 6,240 715
22,500 to 29,999 8,576 716
30,000 or more 11,600 717
As used in division (M)(2) of this section, "population 720
served" means the total number of individuals receiving water 721
17
from the water supply during a twenty-four-hour period for at 722
least sixty days during any calendar year. In the absence of a 723
specific population count, that number shall be calculated at the 724
rate of three individuals per service connection. 725
(3) For the initial license required under division (A)(3) 727
of section 6109.21 of the Revised Code for any public water 728
system that is not a community water system and serves a 729
transient population, and for each license renewal required for 730
such a system prior to January 31, 1998, the fee is: 731
Number of wells supplying system Fee amount 733
1 $ 56 736
2 56 737
3 88 738
4 192 739
5 392 740
System supplied by surface 743
springs or dug wells 792
As used in division (M)(3) of this section, "number of 746
wells supplying system" means those wells that are physically 747
connected to the plumbing system serving the public water system. 748
(N)(1) A person applying for a plan approval for a public 750
water supply system under section 6109.07 of the Revised Code 751
shall pay a fee of one hundred dollars plus two-tenths of one per 752
cent of the estimated project cost, except that the total fee 753
shall not exceed fifteen thousand dollars through June 30, 1998, 755
and five thousand dollars on and after July 1, 1998. The fee
shall be paid at the time the application is submitted. 756
(2) A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE 759
DIRECTOR UNDER DIVISION (A)(2) OF SECTION 6109.07 OF THE REVISED 761
CODE SHALL PAY AN ADMINISTRATIVE SERVICE FEE FOR EACH PLAN 762
SUBMITTED UNDER THAT SECTION FOR APPROVAL THAT SHALL NOT EXCEED 763
THE MINIMUM AMOUNT NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY 764
ATTRIBUTABLE TO PROCESSING PLAN APPROVALS. THE DIRECTOR ANNUALLY 765
SHALL CALCULATE THE FEE AND SHALL NOTIFY ALL PERSONS THAT HAVE 767
18
ENTERED INTO AGREEMENTS UNDER THAT DIVISION, OR WHO HAVE APPLIED 768
FOR AGREEMENTS, OF THE AMOUNT OF THE FEE. 769
(3) Through June 30, 1998, the following fee, on a per 771
survey basis, shall be charged any person for services rendered 772
by the state in the evaluation of laboratories and laboratory 773
personnel for compliance with accepted analytical techniques and 774
procedures established pursuant to Chapter 6109. of the Revised 775
Code for determining the qualitative characteristics of water: 776
microbiological $1,650 778
organic chemical 4,500 3,500 779
inorganic chemical 3,500 780
standard chemistry 1,800 781
limited chemistry 1,500 1,000 782
On and after July 1, 1998, the following fee, on a per 785
survey basis, shall be charged any such person: 786
microbiological $250 788
chemical/radiological 250 789
nitrate/turbidity (only) 150 790
The fee for those services shall be paid at the time the request 793
for the survey is made. Through June 30, 1998, an individual 795
laboratory shall not be assessed a fee under this division more 796
than once in any three-year period. 797
The director shall transmit all moneys collected under this 799
division to the treasurer of state for deposit into the drinking 800
water protection fund created in section 6109.30 of the Revised 801
Code. 802
(O) Any person applying to the director for examination 804
for certification as an operator of a water supply system or 805
wastewater system under Chapter 6109. or 6111. of the Revised 806
Code, at the time the application is submitted, shall pay an 807
application fee of twenty-five dollars through June 30, 1998, and 810
ten dollars on and after July 1, 1998. Upon approval from the 811
director that the applicant is eligible to take the examination 812
therefor,: the applicant shall pay a fee in accordance with the 813
19
following schedule through June 30, 1998: 814
Class I operator $45 816
Class II operator 55 817
Class III operator 65 818
Class IV operator 75 819
On and after July 1, 1998, the applicant shall pay a fee in 823
accordance with the following schedule:
Class I operator $25 825
Class II operator 35 826
Class III operator 45 827
Class IV operator 55 828
The director shall transmit all moneys collected under this 831
division to the treasurer of state for deposit into the surface 832
DRINKING water protection fund created in section 6111.038 833
6109.30 of the Revised Code. 834
(P) Through June 30, 1998, any person submitting an 836
application for an industrial water pollution control certificate 837
under section 6111.31 of the Revised Code shall pay a 838
nonrefundable fee of five hundred dollars at the time the 839
application is submitted. The director shall transmit all moneys 840
collected under this division to the treasurer of state for 841
deposit into the surface water protection fund created in section 842
6111.038 of the Revised Code. A person paying a certificate fee 843
under this division shall not pay an application fee under 844
division (S)(1) of this section. 845
(Q) Except as otherwise provided in division (R) of this 847
section, a person issued a permit by the director for a new solid 848
waste disposal facility other than an incineration or composting 849
facility, a new infectious waste treatment facility other than an 850
incineration facility, or a modification of such an existing 851
facility that includes an increase in the total disposal or 852
treatment capacity of the facility pursuant to Chapter 3734. of 853
the Revised Code shall pay a fee of ten dollars per thousand 854
cubic yards of disposal or treatment capacity, or one thousand 855
20
dollars, whichever is greater, except that the total fee for any 856
such permit shall not exceed eighty thousand dollars. A person 857
issued a modification of a permit for a solid waste disposal 858
facility or an infectious waste treatment facility that does not 859
involve an increase in the total disposal or treatment capacity 860
of the facility shall pay a fee of one thousand dollars. A 861
person issued a permit to install a new, or modify an existing, 862
solid waste transfer facility under that chapter shall pay a fee 863
of two thousand five hundred dollars. A person issued a permit 864
to install a new or to modify an existing solid waste 865
incineration or composting facility, or an existing infectious 866
waste treatment facility using incineration as its principal 867
method of treatment, under that chapter shall pay a fee of one 868
thousand dollars. The increases in the permit fees under this 869
division resulting from the amendments made by Amended Substitute 870
House Bill 592 of the 117th general assembly do not apply to any 871
person who submitted an application for a permit to install a 872
new, or modify an existing, solid waste disposal facility under 873
that chapter prior to September 1, 1987; any such person shall 874
pay the permit fee established in this division as it existed 875
prior to June 24, 1988. In addition to the applicable permit fee 876
under this division, a person issued a permit to install or 877
modify a solid waste facility or an infectious waste treatment 878
facility under that chapter who fails to pay the permit fee to 879
the director in compliance with division (V) of this section 880
shall pay an additional ten per cent of the amount of the fee for 881
each week that the permit fee is late. 882
Permit and late payment fees paid to the director under 884
this division shall be credited to the general revenue fund. 885
(R)(1) A person issued a registration certificate for a 887
scrap tire collection facility under section 3734.75 of the 888
Revised Code shall pay a fee of two hundred dollars, except that 889
if the facility is owned or operated by a motor vehicle salvage 890
dealer licensed under Chapter 4738. of the Revised Code, the 891
21
person shall pay a fee of twenty-five dollars. 892
(2) A person issued a registration certificate for a new 894
scrap tire storage facility under section 3734.76 of the Revised 895
Code shall pay a fee of three hundred dollars, except that if the 896
facility is owned or operated by a motor vehicle salvage dealer 897
licensed under Chapter 4738. of the Revised Code, the person 898
shall pay a fee of twenty-five dollars. 899
(3) A person issued a permit for a scrap tire storage 901
facility under section 3734.76 of the Revised Code shall pay a 902
fee of one thousand dollars, except that if the facility is owned 903
or operated by a motor vehicle salvage dealer licensed under 904
Chapter 4738. of the Revised Code, the person shall pay a fee of 905
fifty dollars. 906
(4) A person issued a permit for a scrap tire monocell or 908
monofill facility under section 3734.77 of the Revised Code shall 909
pay a fee of ten dollars per thousand cubic yards of disposal 910
capacity or one thousand dollars, whichever is greater, except 911
that the total fee for any such permit shall not exceed eighty 912
thousand dollars. 913
(5) A person issued a registration certificate for a scrap 915
tire recovery facility under section 3734.78 of the Revised Code 916
shall pay a fee of one hundred dollars. 917
(6) A person issued a permit for a scrap tire recovery 919
facility under section 3734.78 of the Revised Code shall pay a 920
fee of one thousand dollars. 921
(7) In addition to the applicable registration certificate 923
or permit fee under divisions (R)(1) to (6) of this section, a 924
person issued a registration certificate or permit for any such 925
scrap tire facility who fails to pay the registration certificate 926
or permit fee to the director in compliance with division (V) of 927
this section shall pay an additional ten per cent of the amount 928
of the fee for each week that the fee is late. 929
(8) The registration certificate, permit, and late payment 931
fees paid to the director under divisions (R)(1) to (7) of this 932
22
section shall be credited to the scrap tire management fund 933
created in section 3734.82 of the Revised Code. 934
(S)(1) Except as provided by divisions (L), (M), (N), (O), 936
(P), and (S)(2) of this section, division (A)(2) of section 937
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 938
and rules adopted under division (T)(1) of this section, any 939
person applying for a registration certificate under section 940
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 941
variance, or plan approval under Chapter 3734. of the Revised 942
Code shall pay a nonrefundable fee of fifteen dollars at the time 943
the application is submitted, and any person applying for a 944
permit, variance, or plan approval under Chapter 6109. or 6111. 945
of the Revised Code shall pay a nonrefundable fee of one hundred 946
dollars at the time the application is submitted through June 30, 947
1998, and a nonrefundable fee of fifteen dollars at the time the 949
application is submitted on and after July 1, 1998. 950
The director shall transmit all moneys collected under this 952
division (S)(1) OF THIS SECTION pursuant to Chapter 6109. of the 953
Revised Code to the treasurer of state for deposit into the 955
drinking water protection fund created in section 6109.30 of the 956
Revised Code.
The director shall transmit all moneys collected under this 958
division (S)(1) OF THIS SECTION pursuant to Chapter 6111. of the 960
Revised Code to the treasurer of state for deposit into the 961
surface water protection fund created in section 6111.038 of the 962
Revised Code.
If a registration certificate is issued under section 964
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 965
the application fee paid shall be deducted from the amount of the 966
registration certificate fee due under division (R)(1), (2), or 967
(5) of this section, as applicable. 968
(2) Division (S)(1) of this section does not apply to an 970
application for a registration certificate for a scrap tire 971
collection or storage facility submitted under section 3734.75 or 972
23
3734.76 of the Revised Code, as applicable, if the owner or 973
operator of the facility or proposed facility is a motor vehicle 974
salvage dealer licensed under Chapter 4738. of the Revised Code. 975
(T) The director may adopt, amend, and rescind rules in 977
accordance with Chapter 119. of the Revised Code that do all of 978
the following: 979
(1) Prescribe fees to be paid by applicants for and 981
holders of any license, permit, variance, plan approval, or 982
certification required or authorized by Chapter 3704., 3734., 983
6109., or 6111. of the Revised Code that are not specifically 984
established in this section. The fees shall be designed to 985
defray the cost of processing, issuing, revoking, modifying, 986
denying, and enforcing the licenses, permits, variances, plan 987
approvals, and certifications. 988
The director shall transmit all moneys collected under 990
rules adopted under division (T)(1) of this section pursuant to 991
Chapter 6109. of the Revised Code to the treasurer of state for 992
deposit into the drinking water protection fund created in 993
section 6109.30 of the Revised Code. 994
The director shall transmit all moneys collected under 996
rules adopted under division (T)(1) of this section pursuant to 997
Chapter 6111. of the Revised Code to the treasurer of state for 998
deposit into the surface water protection fund created in section 999
6111.038 of the Revised Code. 1,000
(2) Exempt the state and political subdivisions thereof, 1,002
including education facilities or medical facilities owned by the 1,003
state or a political subdivision, or any person exempted from 1,004
taxation by section 5709.07 or 5709.12 of the Revised Code, from 1,005
any fee required by this section; 1,006
(3) Provide for the waiver of any fee, or any part 1,008
thereof, otherwise required by this section whenever the director 1,009
determines that the imposition of the fee would constitute an 1,010
unreasonable cost of doing business for any applicant, class of 1,011
applicants, or other person subject to the fee; 1,012
24
(4) Prescribe measures that the director considers 1,014
necessary to carry out this section. 1,015
(U) When the director reasonably demonstrates that the 1,017
direct cost to the state associated with the issuance of a permit 1,018
to install, license, variance, plan approval, or certification 1,019
exceeds the fee for the issuance or review specified by this 1,020
section, the director may condition the issuance or review on the 1,021
payment by the person receiving the issuance or review of, in 1,022
addition to the fee specified by this section, the amount, or any 1,023
portion thereof, in excess of the fee specified under this 1,024
section. The director shall not so condition issuances for which 1,025
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 1,026
section. 1,027
(V) Except as provided in divisions (L), (M), and (P) of 1,029
this section or unless otherwise prescribed by a rule of the 1,030
director adopted pursuant to Chapter 119. of the Revised Code, 1,031
all fees required by this section are payable within thirty days 1,032
after the issuance of an invoice for the fee by the director or 1,033
the effective date of the issuance of the license, permit, 1,034
variance, plan approval, or certification. If payment is late, 1,035
the person responsible for payment of the fee shall pay an 1,036
additional ten per cent of the amount due for each month that it 1,037
is late. 1,038
(W) As used in this section, "fuel-burning equipment," 1,040
"fuel-burning equipment input capacity," "incinerator," 1,041
"incinerator input capacity," "process," "process weight rate," 1,042
"storage tank," "gasoline dispensing facility," "dry cleaning 1,043
facility," "design flow discharge," and "new source treatment 1,044
works" have the meanings ascribed to those terms by applicable 1,045
rules or standards adopted by the director under Chapter 3704. or 1,046
6111. of the Revised Code. 1,047
(X) As used in divisions (B), (C), (D), (E), (F), (H), 1,049
(I), and (J) of this section, and in any other provision of this 1,050
section pertaining to fees paid pursuant to Chapter 3704. of the 1,051
25
Revised Code: 1,052
(1) "Facility," "federal Clean Air Act," "person," and 1,054
"Title V permit" have the same meanings as in section 3704.01 of 1,055
the Revised Code. 1,056
(2) "Title V permit program" means the following 1,058
activities as necessary to meet the requirements of Title V of 1,059
the federal Clean Air Act and 40 C.F.R. part 70, including at 1,060
least: 1,061
(a) Preparing and adopting, if applicable, generally 1,063
applicable rules or guidance regarding the permit program or its 1,064
implementation or enforcement; 1,065
(b) Reviewing and acting on any application for a Title V 1,067
permit, permit revision, or permit renewal, including the 1,068
development of an applicable requirement as part of the 1,069
processing of a permit, permit revision, or permit renewal; 1,070
(c) Administering the permit program, including the 1,072
supporting and tracking of permit applications, compliance 1,073
certification, and related data entry; 1,074
(d) Determining which sources are subject to the program 1,076
and implementing and enforcing the terms of any Title V permit, 1,077
not including any court actions or other formal enforcement 1,078
actions; 1,079
(e) Emission and ambient monitoring; 1,081
(f) Modeling, analyses, or demonstrations; 1,083
(g) Preparing inventories and tracking emissions; 1,085
(h) Providing direct and indirect support to small 1,087
business stationary sources to determine and meet their 1,088
obligations under the federal Clean Air Act pursuant to the small 1,089
business stationary source technical and environmental compliance 1,090
assistance program required by section 507 of that act and 1,091
established in sections 3704.18, 3704.19, and 3706.19 of the 1,092
Revised Code. 1,093
Sec. 6103.22. All contracts under section 6103.21 of the 1,102
Revised Code shall provide for payment to the county or municipal 1,103
26
corporation owning, constructing, or agreeing to construct the 1,104
water supply improvement to be jointly used of the amount agreed 1,105
upon as the other party's share of the cost of such THE water 1,106
supply improvement. The contract shall also SHALL provide for 1,108
payment to the county or municipal corporation owning or 1,110
constructing and maintaining the same IMPROVEMENT of the amount 1,111
agreed upon for the other party's share of the cost of operating 1,113
and maintaining such THE water supply improvement, including the 1,115
cost of water, or in lieu of all other payments an agreed price 1,116
per unit for water furnished. Any such A county or municipal 1,117
corporation owning, constructing, or agreeing to construct any 1,119
such A water supply improvement and permitting the use thereof OF 1,120
IT by such other ANOTHER county or municipal corporation shall 1,122
retain full control and management of the construction, 1,123
maintenance, repair, and operation of the same IMPROVEMENT, 1,124
except when conveyed to a municipal corporation as provided in 1,125
this section. Any such contract, before going into effect, shall 1,126
be approved by the director of environmental protection. Any 1,127
A completed water supply or water-works system, as defined 1,129
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,130
of any sewer district, constructed under sections 6103.02 to 1,131
6103.30 of the Revised Code THIS CHAPTER, and any part thereof, 1,132
located within any municipal corporation or within any area which 1,134
THAT may be incorporated as a municipal corporation or annexed to 1,135
an existing municipal corporation, or which THAT provides water 1,136
for such AN area, may by mutual agreement between the board of 1,137
county commissioners and such THE municipal corporation MAY be 1,138
conveyed to such THE municipal corporation, which shall 1,139
thereafter maintain and operate such THE water supply and OR 1,141
water-works. The board may retain the right to joint use of such 1,142
THE water supply and OR water-works for the benefit of the 1,143
district. The validity of any assessment which THAT has been 1,144
levied or may thereafter be levied THEREAFTER to provide means 1,145
for the payment of the cost of such THE construction or 1,146
27
maintenance of such THE water supply or water-works or any part 1,147
thereof OF IT shall not be affected by such THE conveyance. 1,149
Sec. 6109.01. As used in this chapter: 1,158
(A) "Public water system" means a system for the provision 1,160
to the public of piped water for human consumption if the system 1,161
has at least fifteen service connections or regularly serves at 1,162
least twenty-five individuals. "Public water system" includes 1,163
any collection, treatment, storage, and distribution facilities 1,164
under control of the operator of the system and used primarily in 1,165
connection with the system, any collection or pretreatment 1,166
storage facilities not under such control which THAT are used 1,167
primarily in connection with the system, and any water supply 1,168
system serving an agricultural labor camp as defined in section 1,169
3733.41 of the Revised Code. 1,170
(B) "Contaminant" means any physical, chemical, 1,172
biological, or radiological substance or matter in water. 1,173
(C) "Person" means the state, any political subdivision, 1,175
agency, institution, or instrumentality thereof, any federal 1,176
agency, and any person as defined in section 1.59 of the Revised 1,177
Code. 1,178
(D) "Safe Drinking Water Act" means the "Safe Drinking 1,180
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), and 1,181
regulations adopted thereunder, as amended BY THE "SAFE DRINKING 1,183
WATER AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C. 300(f), THE 1,189
"SAFE DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42 1,195
U.S.C. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF 1,201
1996," 110 STAT. 1613, 42 U.S.C. 300(f), AND REGULATIONS ADOPTED 1,204
UNDER THOSE ACTS. 1,205
(E) "Community water system" means a public water system 1,207
that has at least fifteen service connections used by year-round 1,208
residents or that regularly serves at least twenty-five 1,209
year-round residents. 1,210
(F) "SMALL SYSTEM" MEANS A PUBLIC WATER SYSTEM SERVING A 1,213
POPULATION OF TEN THOUSAND OR FEWER INDIVIDUALS. 1,214
28
(G) "TECHNICAL ASSISTANCE" MEANS NONFINANCIAL ASSISTANCE 1,217
PROVIDED BY THE STATE TO PUBLIC WATER SYSTEMS AND OTHER ELIGIBLE 1,218
APPLICANTS, INCLUDING, WITHOUT LIMITATION, ASSISTANCE FOR 1,219
PLANNING AND DESIGN, DEVELOPMENT, AND IMPLEMENTATION OF SOURCE 1,220
WATER QUALITY PROTECTION PROGRAMS; LOCATING ALTERNATIVE SUPPLIES 1,221
OF DRINKING WATER; OPERATIONAL TRAINING; RESTRUCTURING OR 1,222
CONSOLIDATION OF SMALL SYSTEMS; PROVIDING TREATMENT INFORMATION 1,223
IN ORDER TO ASSIST COMPLIANCE WITH A NATIONAL PRIMARY DRINKING 1,224
WATER STANDARD; AND OTHER NONFINANCIAL ASSISTANCE AUTHORIZED BY 1,225
THE REQUIREMENTS GOVERNING THE FUNDS ESTABLISHED UNDER THIS 1,226
CHAPTER. 1,227
(H) "DISADVANTAGED COMMUNITY" MEANS THE SERVICE AREA OR 1,230
PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM THAT MEETS 1,231
AFFORDABILITY AND OTHER CRITERIA ESTABLISHED BY THE DIRECTOR OF 1,232
ENVIRONMENTAL PROTECTION IN RULES ADOPTED UNDER DIVISION (M) OF 1,233
SECTION 6109.22 OF THE REVISED CODE AND MAY INCLUDE THE SERVICE 1,236
AREA OR PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM 1,237
LOCATED IN A DISTRESSED AREA AS DEFINED IN SECTION 122.19 OF THE 1,238
REVISED CODE. 1,239
(I) "DIRECTOR OF ENVIRONMENTAL PROTECTION" OR "DIRECTOR" 1,242
INCLUDES AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR. 1,243
(J) "FEDERAL WATER POLLUTION CONTROL ACT" HAS THE SAME 1,249
MEANING AS IN SECTION 6111.01 OF THE REVISED CODE. 1,251
Sec. 6109.04. (A) The director of environmental 1,260
protection shall administer and enforce Chapter 6109. of the 1,261
Revised Code THIS CHAPTER and rules adopted thereunder UNDER IT. 1,263
(B) The director shall adopt, amend, and rescind such 1,265
rules in accordance with Chapter 119. of the Revised Code as may 1,266
be necessary or desirable to DO BOTH OF THE FOLLOWING: 1,267
(1) Govern public water systems in order to protect the 1,269
public health; 1,270
(2) Govern public water systems to protect the public 1,272
welfare, including rules governing contaminants in water which 1,273
THAT may adversely affect the suitability of the water for its 1,274
29
intended uses, or which THAT may otherwise adversely affect the 1,276
public health or welfare.
(C) The director may DO ANY OR ALL OF THE FOLLOWING: 1,278
(1) Adopt, amend, and rescind such rules in accordance 1,280
with Chapter 119. of the Revised Code as may be necessary or 1,281
desirable to DO ANY OR ALL OF THE FOLLOWING: 1,282
(a) Govern the granting of variances and exemptions from 1,284
rules adopted under this chapter, subject to requirements of the 1,285
Safe Drinking Water Act; 1,286
(b) Govern the certification of operators of public water 1,288
systems, including establishment of qualifications according to a 1,289
classification of public water systems, and OF provisions for 1,290
examination, grounds for revocation, reciprocity with other 1,291
states, RENEWAL OF CERTIFICATION, and other provisions necessary 1,292
or desirable for assurance of proper operation of water systems; 1,294
(c) Carry out the powers and duties of the director under 1,296
Chapter 6109. of the Revised Code THIS CHAPTER. 1,297
(2) Provide a program for the general supervision of 1,299
operation and maintenance of public water systems; 1,300
(3) Maintain an inventory of public water systems; 1,302
(4) Adopt and implement a program for conducting sanitary 1,304
surveys of public water systems; 1,305
(5) Establish and maintain a system of record keeping and 1,307
reporting of activities of the environmental protection agency 1,308
under Chapter 6109. of the Revised Code THIS CHAPTER; 1,309
(6) Establish and maintain a program for the certification 1,311
of laboratories conducting analyses of drinking water; 1,312
(7) Issue, modify, and revoke orders as necessary to carry 1,314
out the director's powers and duties under Chapter 6109. of the 1,315
Revised Code THIS CHAPTER and primary enforcement responsibility 1,316
for public water systems under the "Safe Drinking Water Act"." 1,318
Orders issued under Chapter 6109. of the Revised Code THIS 1,320
CHAPTER are subject to Chapter 119. of the Revised Code. 1,322
(C)(D) Before adopting, amending, or rescinding a rule 1,324
30
authorized by Chapter 6109. of the Revised Code THIS CHAPTER, the 1,326
director shall DO ALL OF THE FOLLOWING:
(1) Mail notice to each statewide organization that he THE 1,328
DIRECTOR determines represents persons who would be affected by 1,329
the proposed rule, amendment, or repeal RESCISSION at least 1,330
thirty-five days before any public hearing thereon; 1,332
(2) Mail a copy of each proposed rule, amendment, or 1,334
repeal RESCISSION to any person who requests a copy, within five 1,335
days after receipt of the request; 1,337
(3) Consult with appropriate state and local government 1,339
agencies or their representatives, including statewide 1,340
organizations of local government officials, industrial 1,341
representatives, and other interested persons. Although 1,342
ALTHOUGH the director is expected to discharge these duties 1,344
diligently, failure to mail any such notice or copy, or to 1,345
consult with any person does not invalidate any proceeding or 1,346
action of the director. 1,347
Sec. 6109.07. (A) No person shall begin construction or 1,356
installation of a public water system, or make a substantial 1,357
change in a public water system, until plans therefor have been 1,358
approved by the director of environmental protection under 1,359
division (A)(1) or (2) of this section. 1,360
(1) Upon receipt of a proper application, the director 1,362
shall consider the need for compliance with requirements of the 1,363
Safe Drinking Water Act, and generally accepted standards for the 1,364
construction and equipping of water systems, and shall issue an 1,365
order approving or disapproving the plans. In granting an 1,366
approval, the director may stipulate conditions designed to 1,367
ensure that the system will be able to meet the requirements of 1,368
Chapter 6109. of the Revised Code THIS CHAPTER and rules adopted 1,369
under it. 1,370
(2) The director may enter into an agreement with a 1,372
political subdivision OR INVESTOR-OWNED PUBLIC UTILITY that owns 1,373
or operates a public water system and that intends to extend the 1,375
31
distribution facilities of its system, to increase the number of 1,376
service connections to its system, or to add distribution system 1,377
pump stations or storage tanks in the distribution system, which 1,378
agreement authorizes a qualified officer or employee of the 1,379
political subdivision OR INVESTOR-OWNED PUBLIC UTILITY, as 1,380
determined by the director, to review plans for the extension of 1,382
the distribution facilities, the increase in the number of 1,383
service connections, or the addition of distribution system pump 1,384
stations or storage tanks in the distribution system for 1,385
compliance with this chapter and the rules adopted under it and 1,386
to certify to the director whether the plans comply with this 1,387
chapter and the rules adopted under it. If, pursuant to such an 1,388
agreement, the official or employee of the political subdivision 1,389
OR INVESTOR-OWNED PUBLIC UTILITY designated in the agreement 1,390
certifies to the director that the plans comply with this chapter 1,391
and the rules adopted under it and if the plans and certification 1,392
are accompanied by the applicable amount of the AN ADMINISTRATIVE 1,393
SERVICE fee calculated in accordance with division (E) (N)(2) of 1,394
section 3745.11 of the Revised Code, the director shall approve 1,395
the plans without further review by issuance of an order as a 1,396
final action. 1,397
AS USED IN DIVISION (A)(2) OF THIS SECTION, "INVESTOR-OWNED 1,401
PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS 1,402
A WATER-WORKS COMPANY, AS DEFINED IN SECTION 4905.03 OF THE 1,403
REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL 1,405
CORPORATION OR OPERATED NOT-FOR-PROFIT.
(B) No person shall construct or install a public water 1,407
system, or make any substantial change in a public water system, 1,408
that is not in accordance with plans approved by the director. 1,409
(C) No person shall operate a public water system, and no 1,411
person who is an owner of a public water system shall permit its 1,412
operation, if the person knows or has reason to know that the 1,413
system was constructed or installed, or that a substantial change 1,414
was made in the system, in violation of division (A) or (B) of 1,415
32
this section, unless the person has obtained written 1,416
authorization from the director to operate the system pursuant to 1,417
division (D) of this section. 1,418
(D) The director may issue a notice by certified mail to 1,420
the operator or owner of a public water system that was 1,421
constructed, installed, or changed in violation of this section, 1,422
informing the operator or owner of the violation. The director 1,423
may issue an order authorizing the operator or owner to operate 1,424
for ninety days, and he THE DIRECTOR may by order extend BY ORDER 1,426
the authorization for periods as may be necessary to allow the
owner or operator to submit plans, obtain their approval, and 1,428
make such changes in the system as may be necessary to bring the 1,429
system into compliance with the approved plans. 1,430
Sec. 6109.22. (A) THERE IS HEREBY CREATED THE DRINKING 1,433
WATER ASSISTANCE FUND TO PROVIDE FINANCIAL AND TECHNICAL 1,434
ASSISTANCE FOR THE PURPOSES OF PROTECTING PUBLIC HEALTH AND 1,435
ACHIEVING AND MAINTAINING COMPLIANCE WITH THE SAFE DRINKING WATER 1,438
ACT AND THIS CHAPTER. IN ADDITION TO THE ACCOUNTS CREATED UNDER 1,440
DIVISIONS (G) AND (H) OF THIS SECTION, THE DRINKING WATER 1,443
ASSISTANCE FUND MAY INCLUDE ANY OTHER ACCOUNTS ESTABLISHED BY THE 1,444
DIRECTOR OF ENVIRONMENTAL PROTECTION. THE FUND SHALL BE 1,445
ADMINISTERED BY THE DIRECTOR CONSISTENT WITH THE SAFE DRINKING 1,448
WATER ACT, THIS SECTION, AND RULES ADOPTED UNDER DIVISION (M) OF 1,450
THIS SECTION. 1,451
(B) THE DRINKING WATER ASSISTANCE FUND SHALL CONSIST OF 1,454
THE MONEYS CREDITED TO IT FROM ALL CAPITALIZATION GRANTS RECEIVED 1,455
UNDER THE SAFE DRINKING WATER ACT EXCEPT FOR MONEYS RESERVED BY 1,460
THE GOVERNOR PURSUANT TO TITLE III, SECTION 302 OF THAT ACT, ALL 1,461
MONEYS CREDITED TO THE FUND FROM NONFEDERAL SOURCES, INCLUDING, 1,462
WITHOUT LIMITATION, THE PROCEEDS OF STATE BONDS OR NOTES ISSUED 1,463
FOR THE BENEFIT OF THE FUND, ALL PAYMENTS OF PRINCIPAL AND 1,464
INTEREST ON LOANS MADE FROM THE FUND, AND ALL INVESTMENT EARNINGS 1,465
ON MONEYS HELD IN THE FUND. ON OR BEFORE THE DATE THAT A 1,466
CAPITALIZATION GRANT PAYMENT MADE UNDER THE AUTHORITY OF THE SAFE 1,468
33
DRINKING WATER ACT IS CREDITED TO THE FUND, REQUIRED MATCHING 1,472
MONEYS SHALL BE CREDITED TO THE FUND. ANY MONEYS TRANSFERRED TO 1,473
OR RESERVED FROM THE DRINKING WATER ASSISTANCE FUND PURSUANT TO 1,474
TITLE III, SECTION 302 OF THE SAFE DRINKING WATER ACT SHALL BE 1,479
ACCOUNTED FOR SEPARATELY. 1,480
(C) IN A MANNER CONSISTENT WITH THE SAFE DRINKING WATER 1,484
ACT AND THE APPLICABLE DRINKING WATER ASSISTANCE MANAGEMENT PLAN 1,485
PREPARED IN ACCORDANCE WITH THIS SECTION, THE DIRECTOR MAY 1,487
RESERVE AND AWARD FOR ASSISTANCE MONEYS ALLOTTED TO THE STATE 1,488
UNDER SECTION 1452 OF THE SAFE DRINKING WATER ACT, PROVIDED THAT 1,492
THE DIRECTOR MAKES A DETERMINATION THAT THE USE OF THE MONEYS 1,493
WILL ACCOMPLISH THE STATE'S OBJECTIVES AND THE OBJECTIVES 1,494
ESTABLISHED FOR CAPITALIZATION GRANTS UNDER THE SAFE DRINKING 1,498
WATER ACT. THE DIRECTOR MAY USE A PORTION OF THE RESERVED MONEYS 1,499
TO ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS, INCLUDING 1,501
PRIVATE NONPROFIT ORGANIZATIONS, TO PROVIDE STATEWIDE ON-SITE 1,502
TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS. 1,503
(D) SUBJECT TO THE TERMS OF THE AGREEMENTS PROVIDED FOR IN 1,506
DIVISION (E) OF THIS SECTION, MONEYS IN THE DRINKING WATER 1,508
ASSISTANCE FUND SHALL BE HELD IN TRUST BY THE OHIO WATER 1,509
DEVELOPMENT AUTHORITY FOR THE PURPOSES OF THIS SECTION, SHALL BE 1,510
KEPT IN THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE KEPT 1,511
UNDER SECTION 6121.11 OF THE REVISED CODE, AND MAY BE INVESTED IN 1,513
THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE INVESTED UNDER 1,514
SECTION 6121.12 OF THE REVISED CODE. MONEYS IN THE DRINKING 1,516
WATER ASSISTANCE FUND SHALL BE SEPARATE AND APART FROM AND NOT A 1,517
PART OF THE STATE TREASURY OR OF THE OTHER FUNDS OF THE 1,518
AUTHORITY. NO WITHDRAWALS OR DISBURSEMENTS SHALL BE MADE FROM 1,519
THE DRINKING WATER ASSISTANCE FUND WITHOUT THE WRITTEN 1,520
AUTHORIZATION OF THE DIRECTOR. 1,521
(E) THE DIRECTOR SHALL ADOPT WRITTEN CRITERIA TO ENSURE 1,523
THAT FISCAL CONTROLS ARE ESTABLISHED FOR PRUDENT ADMINISTRATION 1,525
OF THE DRINKING WATER ASSISTANCE FUND. FOR THAT PURPOSE, THE 1,526
DIRECTOR AND THE AUTHORITY SHALL ENTER INTO ANY NECESSARY AND 1,527
34
APPROPRIATE AGREEMENTS UNDER WHICH THE AUTHORITY MAY PERFORM OR 1,528
PROVIDE ANY OF THE FOLLOWING:
(1) FISCAL CONTROLS AND ACCOUNTING PROCEDURES GOVERNING 1,530
FUND BALANCES, RECEIPTS, AND DISBURSEMENTS; 1,531
(2) ADMINISTRATION OF LOAN ACCOUNTS; 1,533
(3) MAINTENANCE, MANAGEMENT, AND INVESTMENT OF MONEYS IN 1,535
THE FUND. 1,536
ANY AGREEMENT ENTERED INTO UNDER DIVISION (E) OF THIS 1,539
SECTION SHALL PROVIDE FOR THE PAYMENT OF REASONABLE FEES TO THE 1,540
AUTHORITY FOR ANY SERVICES IT PERFORMS UNDER THE AGREEMENT AND 1,541
MAY PROVIDE FOR REASONABLE FEES FOR THE ASSISTANCE OF FINANCIAL 1,542
OR ACCOUNTING ADVISORS. PAYMENT OF ANY OF THE FEES TO THE 1,543
AUTHORITY SHALL BE MADE SOLELY FROM THE DRINKING WATER ASSISTANCE 1,544
ADMINISTRATIVE ACCOUNT ESTABLISHED UNDER DIVISION (G) OF THIS 1,546
SECTION.
(F) THE AUTHORITY MAY MAKE MONEYS AVAILABLE TO THE 1,549
DIRECTOR FOR THE PURPOSE OF PROVIDING MATCHING MONEYS REQUIRED TO 1,550
BE CREDITED TO THE DRINKING WATER ASSISTANCE FUND UNDER DIVISION 1,551
(B) OF THIS SECTION, SUBJECT TO ANY TERMS THAT THE DIRECTOR AND 1,553
THE AUTHORITY CONSIDER APPROPRIATE, AND MAY PLEDGE MONEYS THAT 1,554
ARE HELD BY THE AUTHORITY TO SECURE THE PAYMENT OF BONDS OR NOTES 1,555
ISSUED BY THE AUTHORITY TO PROVIDE THOSE MATCHING MONEYS. 1,556
THE DIRECTOR AND THE AUTHORITY MAY ENTER INTO TRUST 1,558
AGREEMENTS TO ENABLE THE AUTHORITY TO ISSUE AND REFUND BONDS OR 1,559
NOTES FOR THE SOLE BENEFIT OF THE DRINKING WATER ASSISTANCE FUND, 1,561
INCLUDING, WITHOUT LIMITATION, THE RAISING OF MATCHING MONEYS 1,562
REQUIRED TO BE CREDITED TO THE FUND IN ACCORDANCE WITH DIVISION 1,563
(B) OF THIS SECTION. THE AGREEMENTS MAY AUTHORIZE THE PLEDGE OF 1,564
MONEYS ACCRUING TO THE FUND FROM PAYMENTS OF PRINCIPAL OR 1,565
INTEREST OR BOTH ON LOANS MADE FROM THE FUND TO SECURE BONDS OR 1,566
NOTES, THE PROCEEDS OF WHICH BONDS OR NOTES SHALL BE FOR THE SOLE 1,567
BENEFIT OF THE DRINKING WATER ASSISTANCE FUND. THE AGREEMENTS 1,568
MAY CONTAIN ANY TERMS THAT THE DIRECTOR AND THE AUTHORITY 1,569
CONSIDER REASONABLE AND PROPER FOR THE PAYMENT AND SECURITY OF 1,570
35
THE BONDHOLDERS OR NOTEHOLDERS. 1,571
(G) THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER 1,574
ASSISTANCE FUND THE DRINKING WATER ASSISTANCE ADMINISTRATIVE 1,575
ACCOUNT. NO STATE MATCHING MONEYS DEPOSITED INTO THE FUND UNDER 1,577
THIS SECTION SHALL BE USED FOR THE PURPOSE OF PAYING FOR OR 1,578
DEFRAYING THE COSTS OF ADMINISTERING THIS SECTION. NO FEES SHALL 1,579
BE COLLECTED FROM APPLICANTS FOR ASSISTANCE PROVIDED UNDER THIS 1,580
SECTION FOR THE PURPOSES OF PAYING FOR OR DEFRAYING THE COSTS OF 1,582
SUCH ADMINISTRATION.
(H) THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER 1,585
ASSISTANCE FUND THE WATER SUPPLY REVOLVING LOAN ACCOUNT. THE 1,586
DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE WATER SUPPLY 1,587
REVOLVING LOAN ACCOUNT FOR IMPROVEMENTS TO COMMUNITY WATER 1,588
SYSTEMS AND TO NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS. 1,589
(I) ALL MONEYS FROM THE FUND CREDITED TO THE WATER SUPPLY 1,592
REVOLVING LOAN ACCOUNT, ALL INTEREST EARNED ON MONEYS CREDITED TO 1,593
THE ACCOUNT, AND ALL PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS 1,594
MADE FROM THE ACCOUNT SHALL BE DEDICATED IN PERPETUITY AND USED 1,595
AND REUSED SOLELY FOR THE FOLLOWING PURPOSES, EXCEPT AS OTHERWISE 1,596
PROVIDED IN THIS SECTION: 1,597
(1) TO MAKE LOANS TO COMMUNITY WATER SYSTEMS AND NONPROFIT 1,600
NONCOMMUNITY PUBLIC WATER SYSTEMS, SUBJECT TO ALL OF THE 1,601
FOLLOWING CONDITIONS:
(a) THE LOANS ARE MADE AT OR BELOW MARKET RATES OF 1,603
INTEREST, INCLUDING, WITHOUT LIMITATION, INTEREST-FREE LOANS; 1,605
(b) EACH RECIPIENT OF A LOAN SHALL ESTABLISH A DEDICATED 1,608
SOURCE OF SECURITY OR REVENUE FOR REPAYMENT OF THE LOAN; 1,609
(c) ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THE LOANS 1,612
SHALL BE CREDITED TO THE WATER SUPPLY REVOLVING LOAN ACCOUNT. 1,613
(2) TO PURCHASE OR REFINANCE AT OR BELOW MARKET RATES 1,615
INTEREST DEBT OBLIGATIONS INCURRED AFTER JULY 1, 1993, BY 1,617
MUNICIPAL CORPORATIONS, OTHER POLITICAL SUBDIVISIONS, AND 1,618
INTERSTATE AGENCIES HAVING TERRITORY IN THE STATE; 1,619
(3) TO GUARANTEE OR PURCHASE INSURANCE FOR DEBT 1,621
36
OBLIGATIONS WHEN THE GUARANTEE OR INSURANCE WOULD IMPROVE THE 1,622
BORROWER'S ACCESS TO CREDIT MARKETS OR WOULD REDUCE THE INTEREST 1,623
PAID ON THOSE OBLIGATIONS; 1,624
(4) AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT OF 1,627
PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OR REVENUE BONDS OR 1,628
NOTES ISSUED BY THIS STATE IF THE PROCEEDS OF THE SALE OF THE 1,629
BONDS OR NOTES ARE OR WILL BE DEPOSITED INTO THE ACCOUNT; 1,630
(5) TO PROVIDE SUBSIDIES IN ADDITION TO ANY OTHER 1,632
FINANCIAL ASSISTANCE AFFORDED DISADVANTAGED COMMUNITIES UNDER 1,633
THIS SECTION; 1,634
(6) TO EARN INTEREST ON MONEYS CREDITED TO THE ACCOUNT; 1,637
(7) TO PROVIDE ANY OTHER ASSISTANCE AUTHORIZED BY THE SAFE 1,640
DRINKING WATER ACT. 1,643
(J) THE DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE 1,646
WATER SUPPLY REVOLVING LOAN ACCOUNT AFTER DETERMINING ALL OF THE 1,647
FOLLOWING:
(1) THE APPLICANT FOR FINANCIAL ASSISTANCE HAS THE LEGAL, 1,649
INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO CONSTRUCT, 1,651
OPERATE, AND MAINTAIN ITS PUBLIC WATER SYSTEM AND THE PROPOSED 1,652
IMPROVEMENTS TO IT;
(2) THE APPLICANT WILL IMPLEMENT A FINANCIAL MANAGEMENT 1,654
PLAN THAT INCLUDES, WITHOUT LIMITATION, PROVISIONS FOR 1,655
SATISFACTORY REPAYMENT OF THE FINANCIAL ASSISTANCE; 1,656
(3) THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT FOR WHICH 1,659
ASSISTANCE IS PROPOSED IS A PART IS ECONOMICALLY AND
NONMONETARILY COST-EFFECTIVE, BASED ON AN EVALUATION OF FEASIBLE 1,660
ALTERNATIVES THAT MEET THE DRINKING WATER TREATMENT NEEDS OF THE 1,661
PLANNING AREA IN WHICH THE PROPOSED PROJECT IS LOCATED; 1,662
(4) BASED ON A COMPREHENSIVE ENVIRONMENTAL REVIEW APPROVED 1,665
BY THE DIRECTOR, THERE ARE NO SIGNIFICANT ADVERSE ENVIRONMENTAL 1,666
EFFECTS RESULTING FROM ALL NECESSARY IMPROVEMENTS TO THE PUBLIC 1,667
WATER SYSTEM OF WHICH THE PROJECT PROPOSED FOR ASSISTANCE IS A 1,668
PART;
(5) PUBLIC PARTICIPATION HAS OCCURRED DURING THE PROCESS 1,670
37
OF PLANNING THE PROJECT IN COMPLIANCE WITH APPLICABLE 1,671
REQUIREMENTS UNDER THE SAFE DRINKING WATER ACT; 1,675
(6) THE APPLICATION MEETS THE REQUIREMENTS OF THIS SECTION 1,678
AND RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION AND IS 1,679
CONSISTENT WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT AND 1,684
REGULATIONS ADOPTED UNDER IT; 1,685
(7) IF THE APPLICANT FOR ASSISTANCE IS A WATER DISTRICT 1,688
FORMED UNDER CHAPTER 6119. OF THE REVISED CODE THAT OPERATES A 1,691
PUBLIC WATER SYSTEM AND THAT WATER DISTRICT SEEKS TO EXTEND THE 1,692
DISTRIBUTION FACILITIES, INCREASE THE NUMBER OF SERVICE 1,693
CONNECTIONS TO ITS SYSTEM, OR PROVIDE FOR ANY OTHER EXPANSION OF 1,694
ITS SYSTEM, THE WATER DISTRICT HAS CONSULTED WITH THE BOARD OF 1,695
COUNTY COMMISSIONERS FROM EACH COUNTY IN WHICH IS LOCATED THE 1,696
PROPOSED EXTENSION OF DISTRIBUTION FACILITIES, INCREASE IN THE 1,697
NUMBER OF SERVICE CONNECTIONS, OR OTHER EXPANSION OF THE PUBLIC 1,698
WATER SYSTEM; 1,699
(8) THE APPLICATION MEETS ANY OTHER REQUIREMENTS THAT THE 1,701
DIRECTOR CONSIDERS NECESSARY OR APPROPRIATE TO PROTECT PUBLIC 1,702
HEALTH AND THE ENVIRONMENT AND TO ENSURE THE FINANCIAL INTEGRITY 1,703
OF THE WATER SUPPLY REVOLVING LOAN ACCOUNT. 1,704
UPON APPROVAL BY THE DIRECTOR OF AN APPLICATION FOR 1,706
FINANCIAL ASSISTANCE, THE OHIO WATER DEVELOPMENT AUTHORITY SHALL 1,708
DISBURSE THE APPROPRIATE FINANCIAL ASSISTANCE FROM THE WATER 1,709
SUPPLY REVOLVING LOAN ACCOUNT. IF THE PROPOSED FINANCIAL 1,710
ASSISTANCE IS A LOAN, AND IF THE PAYMENTS OF THE PRINCIPAL OR 1,711
INTEREST ON THE LOAN ARE OR ARE EXPECTED TO BE PLEDGED TO SECURE 1,712
PAYMENT OF BONDS ISSUED OR EXPECTED TO BE ISSUED BY THE 1,713
AUTHORITY, THE DIRECTOR SHALL SUBMIT THE APPLICATION FOR THE LOAN 1,714
TO THE AUTHORITY FOR REVIEW AND APPROVAL WITH RESPECT TO ANY 1,715
MATTERS PERTAINING TO SECURITY FOR AND THE MARKETABILITY OF 1,716
AUTHORITY BONDS. REVIEW AND APPROVAL BY THE AUTHORITY SHALL BE 1,717
REQUIRED PRIOR TO THE MAKING OF SUCH A LOAN. 1,718
(K) IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (M) OF 1,722
THIS SECTION, THE DIRECTOR PERIODICALLY SHALL PREPARE A DRINKING 1,723
38
WATER ASSISTANCE MANAGEMENT PLAN ESTABLISHING THE SHORT-TERM AND 1,724
LONG-TERM GOALS FOR THE ASSISTANCE PROVIDED UNDER THIS SECTION, 1,725
THE ALLOCATION OF AVAILABLE RESOURCES FOR THE PURPOSES OF THIS 1,726
SECTION, THE ENVIRONMENTAL, FINANCIAL, AND ADMINISTRATIVE TERMS, 1,727
CONDITIONS, AND CRITERIA FOR THE AWARD OF FINANCIAL AND TECHNICAL 1,728
ASSISTANCE UNDER THIS SECTION, AND THE INTENDED USES OF 1,729
CAPITALIZATION GRANTS AND AVAILABLE MONEYS FROM THE DRINKING 1,730
WATER ASSISTANCE FUND. CRITERIA FOR AWARDING FINANCIAL OR 1,731
TECHNICAL ASSISTANCE UNDER THIS SECTION SHALL NOT FAVOR OR 1,732
DISFAVOR ANY NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEM BECAUSE 1,733
IT IS OWNED BY, OPERATED BY, OR SERVICES A RELIGIOUS ORGANIZATION 1,735
OR A FACILITY USED FOR RELIGIOUS PURPOSES. PRIOR TO ITS
ADOPTION, THE DIRECTOR SHALL MAKE THE DRINKING WATER ASSISTANCE 1,737
MANAGEMENT PLAN AVAILABLE FOR PUBLIC REVIEW AND COMMENT AT A 1,739
MINIMUM OF TWO PUBLIC MEETINGS AND SHALL TAKE ADEQUATE STEPS TO 1,740
ENSURE THAT REASONABLE PUBLIC NOTICE OF EACH PUBLIC MEETING IS 1,741
GIVEN AT LEAST THIRTY DAYS PRIOR TO THE MEETING. 1,742
THE PLAN SHALL INCLUDE, WITHOUT LIMITATION, A SYSTEM THAT 1,744
PRIORITIZES PROJECTS FUNDED BY THE WATER SUPPLY REVOLVING LOAN 1,745
ACCOUNT BASED ON THE RELATIVE RISK TO HUMAN HEALTH BEING 1,746
ADDRESSED, THEIR NECESSITY FOR ENSURING COMPLIANCE WITH 1,747
REQUIREMENTS OF THE SAFE DRINKING WATER ACT, AND THEIR 1,751
AFFORDABILITY TO THE APPLICANTS, AS DETERMINED BY THE DIRECTOR. 1,752
FINANCIAL ASSISTANCE FOR PROJECTS FROM THE WATER SUPPLY REVOLVING 1,753
LOAN ACCOUNT SHALL BE LIMITED TO PROJECTS THAT ARE INCLUDED IN 1,754
THAT PRIORITIZATION AND SHALL BE AWARDED BASED UPON THEIR 1,755
PRIORITY POSITION AND THE APPLICANTS' READINESS TO PROCEED WITH 1,756
THEIR PROPOSED ACTIVITIES AS DETERMINED BY THE DIRECTOR. THE 1,757
DRINKING WATER ASSISTANCE MANAGEMENT PLAN SHALL INCLUDE TERMS, 1,758
CONDITIONS, AMOUNTS OF MONEYS, AND QUALIFYING CRITERIA, IN 1,759
ADDITION TO ANY OTHER CRITERIA ESTABLISHED UNDER THIS SECTION, 1,760
GOVERNING THE FINANCIAL ASSISTANCE TO BE AWARDED TO APPLICANTS 1,761
FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT. THE DIRECTOR SHALL 1,762
DETERMINE THE MOST EFFECTIVE USE OF THE MONEYS IN THAT ACCOUNT TO 1,764
39
ACHIEVE THE STATE'S DRINKING WATER ASSISTANCE GOALS AND
OBJECTIVES. 1,765
(L) THE DIRECTOR, CONSISTENT WITH THIS SECTION AND 1,768
APPLICABLE RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION, MAY 1,770
ENTER INTO AN AGREEMENT WITH AN APPLICANT FOR ASSISTANCE FROM THE 1,771
DRINKING WATER ASSISTANCE FUND. BASED ON THE DIRECTOR'S REVIEW 1,772
AND APPROVAL OF THE PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 1,773
OF THE REVISED CODE, ANY DETERMINATIONS MADE UNDER DIVISION (J) 1,776
OF THIS SECTION IF AN APPLICANT SEEKS FUNDING FROM THE WATER 1,777
SUPPLY REVOLVING LOAN ACCOUNT, AND ANY OTHER REQUIREMENTS OF THIS 1,778
SECTION AND RULES ADOPTED UNDER IT, THE DIRECTOR MAY ESTABLISH IN 1,780
THE AGREEMENT ENVIRONMENTAL AND FINANCIAL TERMS AND CONDITIONS OF 1,781
THE FINANCIAL ASSISTANCE TO BE OFFERED TO THE APPLICANT. IF THE 1,782
RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS SECTION DEFAULTS ON 1,783
ANY PAYMENT REQUIRED IN THE AGREEMENT FOR FINANCIAL ASSISTANCE OR 1,784
OTHERWISE VIOLATES A TERM OR CONDITION OF THE AGREEMENT OR OF THE 1,785
PLAN APPROVAL FOR THE PROJECT UNDER SECTION 6109.07 OF THE 1,786
REVISED CODE, THE DIRECTOR, IN ADDITION TO ANY OTHER AVAILABLE 1,788
REMEDIES, MAY TERMINATE, SUSPEND, OR REQUIRE IMMEDIATE REPAYMENT 1,789
OF THE FINANCIAL ASSISTANCE. THE DIRECTOR ALSO MAY TAKE ANY 1,790
ENFORCEMENT ACTION AVAILABLE UNDER THIS CHAPTER. 1,791
(M) THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 1,794
CHAPTER 119. OF THE REVISED CODE FOR THE IMPLEMENTATION AND 1,796
ADMINISTRATION OF THIS SECTION. THE RULES SHALL BE CONSISTENT 1,797
WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT. 1,801
(N)(1) FOR THE PURPOSES OF THIS SECTION, APPEALABLE 1,804
ACTIONS OF THE DIRECTOR PURSUANT TO SECTION 3745.04 OF THE 1,805
REVISED CODE ARE LIMITED TO THE FOLLOWING: 1,807
(a) ADOPTION OF THE DRINKING WATER ASSISTANCE MANAGEMENT 1,810
PLAN PREPARED UNDER DIVISION (K) OF THIS SECTION; 1,811
(b) APPROVAL OF PRIORITY SYSTEMS, PRIORITY LISTS, AND 1,814
WRITTEN PROGRAM ADMINISTRATION POLICIES;
(c) APPROVAL OR DISAPPROVAL UNDER THIS SECTION OF 1,816
APPLICANTS' PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 OF THE 1,817
40
REVISED CODE; 1,819
(d) APPROVAL OR DISAPPROVAL OF AN APPLICATION FOR 1,822
ASSISTANCE.
(2) NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, 1,826
THE DIRECTOR MAY TAKE THE FINAL ACTIONS DESCRIBED IN DIVISIONS 1,828
(N)(1)(a) TO (d) OF THIS SECTION WITHOUT HOLDING AN ADJUDICATION 1,830
HEARING IN CONNECTION WITH THE ACTION AND WITHOUT FIRST ISSUING A 1,831
PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED CODE. 1,833
(3) EACH ACTION DESCRIBED IN DIVISIONS (N)(1)(a) TO (d) OF 1,837
THIS SECTION AND EACH APPROVAL OF A PLAN UNDER SECTION 6109.07 OF 1,838
THE REVISED CODE IS A SEPARATE AND DISCRETE ACTION OF THE 1,841
DIRECTOR. APPEALS ARE LIMITED TO THE ISSUES CONCERNING THE 1,842
SPECIFIC ACTION APPEALED. ANY APPEAL SHALL NOT INCLUDE ISSUES 1,843
DETERMINED UNDER THE SCOPE OF ANY PRIOR ACTION. 1,844
(O) THE FAILURE OR INABILITY OF A PUBLIC WATER SYSTEM TO 1,847
OBTAIN ASSISTANCE UNDER THIS SECTION DOES NOT ALTER THE 1,848
OBLIGATION OF THE PUBLIC WATER SYSTEM TO COMPLY WITH ALL 1,849
APPLICABLE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER 1,850
IT.
Sec. 6109.23. TO THE EXTENT REQUIRED BY THE SAFE DRINKING 1,855
WATER ACT AND RULES ADOPTED UNDER IT, THE DIRECTOR OF 1,858
ENVIRONMENTAL PROTECTION MAY ADOPT, AMEND, AND RESCIND RULES 1,859
PURSUANT TO SECTION 6109.04 OF THE REVISED CODE PROVIDING FOR THE 1,862
ADMINISTRATIVE ASSESSMENT AND COLLECTION OF MONETARY PENALTIES 1,863
FOR FAILURE TO COMPLY WITH THIS CHAPTER OR RULES ADOPTED UNDER 1,864
IT. FOR PUBLIC WATER SYSTEMS SERVING POPULATIONS OF MORE THAN 1,865
TEN THOUSAND, A MONETARY PENALTY ASSESSED UNDER THIS SECTION 1,866
SHALL BE NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH 1,867
VIOLATION, BUT IN NO CASE SHALL THE TOTAL AMOUNT OF MONETARY 1,868
PENALTY EXCEED TEN THOUSAND DOLLARS. FOR PUBLIC WATER SYSTEMS 1,869
SERVING POPULATIONS OF TEN THOUSAND OR FEWER, THE RULES ADOPTED 1,870
UNDER THIS SECTION SHALL ESTABLISH A METHODOLOGY FOR CALCULATING 1,871
THE MONETARY PENALTY BASED ON THE SIZE OF THE SYSTEM, THE THREAT 1,872
TO PUBLIC HEALTH PRESENTED BY THE FAILURE TO COMPLY, AND OTHER 1,873
41
FACTORS THAT MAY BE NECESSARY TO ENSURE COMPLIANCE WITH THIS 1,874
CHAPTER AND RULES ADOPTED UNDER IT, BUT IN NO CASE SHALL THE 1,875
TOTAL AMOUNT OF MONETARY PENALTY EXCEED TWO THOUSAND FIVE HUNDRED 1,876
DOLLARS. FOR THE PURPOSES OF THIS SECTION, THE DIRECTOR MAY 1,877
REQUIRE THE SUBMISSION OF COMPLIANCE SCHEDULES AND RELATED
INFORMATION. 1,878
ANY ORDERS, PAYMENTS, SANCTIONS, OR OTHER REQUIREMENTS 1,881
IMPOSED PURSUANT TO RULES ADOPTED UNDER THIS SECTION ARE IN 1,882
ADDITION TO ANY OTHER ORDERS, PAYMENTS, SANCTIONS, OR 1,883
REQUIREMENTS ISSUED OR IMPOSED UNDER THIS CHAPTER AND RULES 1,884
ADOPTED UNDER IT AND SHALL NOT AFFECT ANY CIVIL OR CRIMINAL 1,885
ENFORCEMENT PROCEEDINGS BROUGHT UNDER THIS CHAPTER, RULES ADOPTED 1,886
UNDER IT, OR ANY OTHER STATE OR LOCAL LAW. MONEYS COLLECTED 1,887
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DRINKING WATER 1,888
PROTECTION FUND CREATED IN SECTION 6109.30 OF THE REVISED CODE. 1,890
Sec. 6109.24. A PUBLIC WATER SYSTEM THAT IS A COMMUNITY 1,893
WATER SYSTEM, OR THAT IS NOT A COMMUNITY WATER SYSTEM AND SERVES 1,894
A NONTRANSIENT POPULATION, AND THAT PROPOSES TO COMMENCE 1,895
PROVIDING WATER TO THE PUBLIC AFTER OCTOBER 1, 1999, SHALL 1,897
INCLUDE WITH THE SUBMISSION OF PLANS REQUIRED UNDER SECTION 1,898
6109.07 OF THE REVISED CODE DOCUMENTATION THAT DEMONSTRATES THE 1,901
TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY OF THE SYSTEM TO 1,902
COMPLY WITH THIS CHAPTER AND RULES ADOPTED UNDER IT. THE 1,903
DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL ADOPT, AND MAY AMEND 1,904
AND RESCIND, RULES PURSUANT TO SECTION 6109.04 OF THE REVISED 1,907
CODE ESTABLISHING REQUIREMENTS GOVERNING THE DEMONSTRATION OF 1,908
TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY FOR THE PURPOSES 1,909
OF THIS SECTION. 1,910
THE DIRECTOR MAY DENY APPROVAL OF PLANS SUBMITTED UNDER 1,913
SECTION 6109.07 OF THE REVISED CODE IF THE PUBLIC WATER SYSTEM 1,916
THAT SUBMITTED THE PLANS FAILS TO DEMONSTRATE TECHNICAL, 1,917
MANAGERIAL, AND FINANCIAL CAPABILITY IN ACCORDANCE WITH THIS 1,918
SECTION AND RULES ADOPTED UNDER IT. 1,919
Sec. 6111.14. The director of environmental protection may 1,928
42
enter into an agreement with a political subdivision OR 1,929
INVESTOR-OWNED PUBLIC UTILITY that owns or operates a disposal 1,930
system and that intends to extend the sewerage lines of its 1,932
disposal system or to increase the number of service connections 1,933
to its sewerage system, which agreement authorizes a qualified 1,934
official or employee of the political subdivision OR 1,935
INVESTOR-OWNED PUBLIC UTILITY, as determined by the director, to 1,936
review plans for the extension of the sewerage system or increase 1,937
in the number of service connections for compliance with this 1,938
chapter and the rules adopted under it and to certify to the 1,939
director whether the plans comply with this chapter and the rules 1,940
adopted under it. If, pursuant to such an agreement, the official 1,941
or employee of the political subdivision OR INVESTOR-OWNED PUBLIC 1,942
UTILITY designated in the agreement certifies to the director 1,944
that the plans comply with this chapter and the rules adopted 1,945
under it and if the plans and certification are accompanied by 1,946
the applicable amount of the AN ADMINISTRATIVE SERVICE fee 1,947
calculated in accordance with division (C)(2) (L)(4) of section 1,948
3745.11 of the Revised Code, the director, by final action, shall 1,949
approve the plans without further review. The director or his 1,950
THE DIRECTOR'S authorized representative may inspect the 1,952
construction or installation of an extension of a sewerage system 1,953
or additional service connections for which plans have been 1,954
approved under this section.
The approval of plans by the director pursuant to this 1,956
section constitutes the approval of the plans for the purposes of 1,957
any rules adopted under division (E) of section 6111.03 of the 1,958
Revised Code that require the approval of plans for extensions of 1,959
sewerage systems or increases in the number of service 1,960
connections to sewerage systems. 1,961
AS USED IN THIS SECTION, "INVESTOR-OWNED PUBLIC UTILITY" 1,963
MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS A SEWAGE 1,965
DISPOSAL SYSTEM COMPANY, AS DEFINED IN SECTION 4905.03 OF THE 1,966
REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL 1,967
43
CORPORATION OR OPERATED NOT-FOR-PROFIT.
Sec. 6121.01. As used in this chapter: 1,976
(A) "Beneficial use" means a use of water, including the 1,978
method of diversion, storage, transportation, treatment, and 1,979
application, that is reasonable and consistent with the public 1,980
interest in the proper utilization of water resources, including, 1,981
without limitation, domestic, agricultural, industrial, power, 1,982
municipal, navigational, fish and wildlife, and recreational 1,983
uses. 1,984
(B) "Governmental agencies" means departments, divisions, 1,986
or other units of state government, watershed districts, soil and 1,987
water conservation districts, municipal corporations, counties, 1,988
townships, and other political subdivisions, special water 1,989
districts, including county and regional sewer and water 1,990
districts, conservancy districts, sanitary districts, sewer 1,991
districts, or any other public corporation or agency having the 1,992
authority to acquire, construct, or operate waste water or water 1,993
management facilities, the United States or any agency thereof, 1,994
and any agency, commission, or authority established pursuant to 1,995
an interstate compact or agreement. 1,996
(C) "Person" means any individual, firm, partnership, 1,998
association, or corporation, or two or more or any combination 1,999
thereof. 2,000
(D) "Waters of the state" means all streams, lakes, ponds, 2,002
marshes, watercourses, waterways, wells, springs, irrigation 2,003
systems, drainage systems, and all other bodies or accumulations 2,004
of water, surface and underground, natural or artificial, which 2,005
THAT are situated wholly or partly within, or border upon, this 2,006
state, or are within its jurisdiction, except those private 2,007
waters which THAT do not combine or effect a junction with 2,008
natural surface or underground waters. 2,010
(E) "Water resources" means all waters of the state 2,012
occurring on the surface in natural or artificial channels, 2,013
lakes, reservoirs, or impoundments, and underground in subsurface 2,014
44
aquifers, which THAT are available or may be made available to 2,015
agricultural, industrial, commercial, recreational, public, and 2,016
domestic users. 2,017
(F) "Project" or "water development project" means any 2,019
EITHER of the following: 2,020
(1) Any waste water facility or water management facility, 2,022
including undivided or other interests therein, acquired or 2,023
constructed or to be acquired or constructed by the Ohio water 2,024
development authority under this chapter, or acquired or 2,025
constructed or to be acquired or constructed by a governmental 2,026
agency or person with all or a portion of the cost thereof being 2,027
paid from a loan or grant from the authority under this chapter, 2,028
including all buildings and facilities which THAT the authority 2,029
deems CONSIDERS necessary for the operation of the project, 2,030
together with all property, rights, easements, and interest which 2,032
THAT may be required for the operation of the project; 2,033
(2) Any project or activity qualifying for financial 2,035
assistance under section 6109.22, 6111.036, or 6111.037 of the 2,036
Revised Code. 2,037
(G) "Pollution" means the placing of any noxious or 2,039
deleterious substances in any waters of the state or otherwise 2,040
affecting the waters or properties of any waters of the state, 2,041
including the temperature or radioactivity thereof, in a manner 2,042
which THAT is or renders such THE waters harmful or inimical to 2,044
the public health, or to animal or aquatic life, or to the use of 2,045
such THE waters for domestic water supply, industrial, or 2,046
agricultural purposes, or recreation.
(H) "Sewage" means any substance that contains any of the 2,048
waste products or excrementitious or other discharge from the 2,049
bodies of human beings or animals, which AND THAT pollutes the 2,050
waters of the state, or which THAT in the absence of a waste 2,052
water facility would pollute or cause greater pollution of the 2,053
waters of the state. 2,054
(I) "Industrial waste" means any liquid, gaseous, or solid 2,056
45
waste substance, heat, radioactivity, or radiation, resulting 2,057
from any process of industry, manufacture, trade, or business, or 2,058
from the development, processing, or recovery of any natural 2,059
resource, together with such sewage as is present, which THAT 2,060
pollutes the waters of the state, or which THAT in the absence of 2,062
a waste water facility would pollute or cause greater pollution 2,064
of the waters of the state. 2,065
(J) "Waste water" means any water containing sewage or 2,067
industrial waste or other pollutants or contaminants derived from 2,068
the prior use of such THE water. 2,069
(K) "Waste water facilities" means facilities, property, 2,071
or the modification or replacement of property, for the purpose 2,072
of treating, neutralizing, disposing of, stabilizing, dispersing, 2,073
cooling, segregating, or holding waste water, or for the removal, 2,074
reduction, containment, alteration, storage, or disposal of 2,075
sewage or industrial waste or substances containing sewage or 2,076
industrial waste, or FOR the prevention or reduction, or 2,077
reduction of the concentration, of pollution of the waters of the 2,078
state, including, without limitation, facilities for the 2,079
withdrawal of waters of the state, facilities for the treatment 2,080
and disposal of sewage or industrial waste and the residue 2,081
thereof, facilities for the temporary or permanent impoundment of 2,082
waste water, both surface and underground, and sanitary sewers 2,083
and other systems, whether on the surface or underground, 2,084
designed to transport waste water together with the equipment and 2,085
furnishings thereof and their appurtenances and systems, whether 2,086
on the surface or underground, including force mains and pumping 2,087
facilities therefor when necessary, and facilities or 2,088
expenditures which THAT qualify as water pollution control 2,089
facilities under Section 103(C) (4) (F) of the Internal Revenue 2,090
Code of 1954, as amended, and regulations ADOPTED thereunder, and 2,091
further ALSO includes any property or system to be used in whole 2,093
or in part for any of the aforesaid FOREGOING purposes, whether 2,094
or not another purpose is also served, and any property or system 2,096
46
incidental to or which THAT has to do with or the end purpose of 2,098
which is any of the foregoing. Waste water facilities as defined 2,099
in this division for industry, commerce, distribution, or 2,100
research, including public utility companies, are hereby 2,101
determined to be those which THAT qualify as facilities for the 2,103
control of water pollution and thermal pollution related to water 2,104
under Section 13 of Article VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the 2,106
development, use, and protection of water resources, including, 2,107
without limitation, facilities for water supply, facilities for 2,108
stream flow improvement, dams, reservoirs, and other 2,109
impoundments, water transmission lines, water wells and well 2,110
fields, pumping stations and works for underground water 2,111
recharge, facilities for the management and treatment of storm 2,112
water, stream monitoring systems, facilities for the 2,113
stabilization of stream and river banks, and facilities for the 2,114
treatment of streams and rivers, including, without limitation, 2,115
facilities for the removal of oil, debris, and other solid waste 2,116
from the waters of the state and stream and river aeration 2,117
facilities. 2,118
(M) "Cost" as applied to water development project means 2,120
the cost of acquisition and construction, the cost of acquisition 2,121
of all land, rights-of-way, property rights, easements, franchise 2,122
rights, and interests required for such THAT acquisition and 2,123
construction, the cost of demolishing or removing any buildings 2,124
or structures on land so acquired, including the cost of 2,125
acquiring any lands to which such THE buildings or structures may 2,127
be moved, the cost of acquiring or constructing and equipping a 2,128
principal office and sub-offices of the authority, the cost of 2,129
diverting highways, interchange of highways, OR access roads to 2,130
private property, including the cost of land or easements 2,131
therefor, the cost of all machinery, furnishings, and equipment, 2,132
financing charges, interest prior to and during construction and 2,133
for no more than eighteen months after completion of 2,134
47
construction, engineering COSTS, expenses of research and 2,135
development with respect to waste water or water management 2,136
facilities, legal expenses, THE COST OF plans, specifications, 2,137
AND surveys, estimates of cost and revenues, working capital, 2,139
other expenses necessary or incident to determining the 2,140
feasibility or practicability of acquiring or constructing any 2,141
such project, administrative expense, and such other expense as 2,142
may be necessary or incident to the acquisition or construction 2,143
of the project, the financing of such THE acquisition or 2,144
construction including the amount authorized in the resolution of 2,145
the authority providing for the issuance of water development
revenue bonds to be paid into any special funds from the proceeds 2,146
of such THE bonds, and the financing of the placing of any such 2,148
project in operation. Any obligation, cost, or expense incurred 2,149
by any governmental agency or person for surveys, borings, 2,150
preparation of plans and specifications, and other engineering 2,151
services, or any other costs described above, in connection with 2,152
the acquisition or construction of a project may be regarded as a 2,153
part of the cost of such THE project and may be reimbursed out of 2,155
the proceeds of water development revenue bonds as authorized by 2,156
this chapter. 2,157
(N) "Owner" includes all individuals, copartnerships, 2,159
associations, corporations, or governmental agencies having any 2,160
title or interest in any property rights, easements, and 2,161
interests authorized to be acquired by this chapter. 2,162
(O) "Revenues" means all rentals and other charges for the 2,164
use or services of any water development project, any gift or 2,165
grant received with respect thereto, including, without 2,166
limitation, any moneys received by the authority pursuant to an 2,167
agreement entered into under section 6109.22, 6111.036, or 2,168
6111.037 of the Revised Code, any moneys received with respect to 2,170
the lease, sublease, sale, including installment sale or 2,171
conditional sale, or conditional sale, or other disposition of a 2,172
project, moneys received in repayment of and for interest on any 2,173
48
loan made by the authority to a person or governmental agency, 2,174
whether from the United States or a department, administration, 2,175
or agency thereof, or otherwise, proceeds of such bonds to the 2,176
extent of THAT use thereof for payment of principal of, premium 2,179
if any, or interest on the bonds is authorized by the authority, 2,180
proceeds from any insurance, condemnation, or guaranty pertaining 2,181
to a project or property mortgaged to secure bonds or pertaining 2,182
to the financing of the project, and income and profit from the 2,183
investment of the proceeds of water development revenue bonds or 2,184
of any revenues.
(P) "Public roads" includes all public highways, roads, 2,186
and streets in the state, whether maintained by the state, 2,187
county, municipal corporation, township, or other political 2,188
subdivision. 2,189
(Q) "Public utility facilities" includes tracks, pipes, 2,191
mains, conduits, cables, wires, towers, poles, and other 2,192
equipment and appliances of any public utility. 2,193
(R) "Construction," unless the context indicates a 2,195
different meaning or intent, includes reconstruction, 2,196
enlargement, improvement, or providing furnishings or equipment. 2,197
(S) "Water development revenue bonds," unless the context 2,199
indicates a different meaning or intent, includes water 2,200
development revenue notes, water development revenue renewal 2,201
notes, and water development revenue refunding bonds, except that 2,202
notes issued in anticipation of the issuance of bonds shall have 2,203
a maximum maturity of five years as provided in section 6121.06 2,204
of the Revised Code and notes or renewal notes issued as the 2,205
definitive obligation may be issued maturing at such time or 2,206
times as the authority determines with a maximum maturity of 2,207
forty years from the date of issuance of the original note. 2,208
Sec. 6121.04. The Ohio water development authority may DO 2,217
ANY OR ALL OF THE FOLLOWING: 2,218
(A) Adopt bylaws for the regulation of its affairs and the 2,220
conduct of its business; 2,221
49
(B) Adopt an official seal; 2,223
(C) Maintain a principal office and suboffices at such 2,225
places within the state as THAT it designates; 2,226
(D) Sue and plead in its own name;, AND be sued and 2,228
impleaded in its own name with respect to its contracts or torts 2,230
of its members, employees, or agents acting within the scope of 2,231
their employment, or to enforce its obligations and covenants 2,232
made under sections 6121.06, 6121.08, and 6121.13 of the Revised 2,233
Code. Any such actions against the authority shall be brought in 2,234
the court of common pleas of the county in which the principal 2,235
office of the authority is located, or in the court of common 2,236
pleas of the county in which the cause of action arose, provided 2,237
such THAT THE county is located within this state, and all 2,238
summonses, exceptions, and notices of every kind shall be served 2,239
on the authority by leaving a copy thereof at the principal 2,240
office with the person in charge thereof or with the 2,241
secretary-treasurer of the authority. 2,242
(E) Make loans and grants to governmental agencies for the 2,244
acquisition or construction of water development projects by any 2,245
such governmental agency and adopt rules and procedures for 2,246
making such loans and grants; 2,247
(F) Acquire, construct, reconstruct, enlarge, improve, 2,249
furnish, equip, maintain, repair, operate, OR lease or rent to, 2,250
or contract for operation by, a governmental agency or person, 2,251
water development projects, and establish rules for the use of 2,252
such projects; 2,253
(G) Make available the use or services of any water 2,255
development project to one or more persons, one or more 2,256
governmental agencies, or any combination thereof; 2,257
(H) Issue water development revenue bonds and notes and 2,259
water development revenue refunding bonds of the state, payable 2,260
solely from revenues as provided in section 6121.06 of the 2,261
Revised Code, unless the bonds are refunded by refunding bonds, 2,262
for the purpose of paying any part of the cost of one or more 2,263
50
water development projects or parts thereof; 2,264
(I) Acquire by gift or purchase, hold, and dispose of real 2,266
and personal property in the exercise of its powers and the 2,267
performance of its duties under sections 6121.01 to 6121.22 of 2,268
the Revised Code THIS CHAPTER; 2,269
(J) Acquire, in the name of the state, by purchase or 2,271
otherwise, on such terms and in such manner as it considers 2,272
proper, or by the exercise of the right of condemnation in the 2,273
manner provided by section 6121.18 of the Revised Code, such 2,274
public or private lands, including public parks, playgrounds, or 2,275
reservations, or parts thereof or rights therein, rights-of-way, 2,276
property, rights, easements, and interests as it considers 2,277
necessary for carrying out sections 6121.01 to 6121.22 of the 2,278
Revised Code THIS CHAPTER, but excluding the acquisition by the 2,279
exercise of the right of condemnation of any waste water facility 2,281
or water management facility owned by any person or governmental 2,282
agency, and compensation shall be paid for public or private 2,283
lands so taken, except that a government-owned waste water 2,284
facility may be appropriated in accordance with section 6121.041 2,285
of the Revised Code; 2,286
(K) Adopt rules to protect augmented flow in waters of the 2,288
state, to the extent augmented by a water development project, 2,289
from depletion so it will be available for beneficial use, and to 2,290
provide standards for the withdrawal from waters of the state of 2,291
the augmented flow created by a water development project which 2,292
THAT is not returned to the waters of the state so augmented and 2,293
to establish reasonable charges therefor if considered necessary 2,294
by the authority; 2,295
(L) Make and enter into all contracts and agreements and 2,297
execute all instruments necessary or incidental to the 2,298
performance of its duties and the execution of its powers under 2,299
this chapter; IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: 2,301
(1) When the cost under any such contract or agreement, 2,303
other than compensation for personal services, involves an 2,304
51
expenditure of more than ten thousand dollars, the authority 2,305
shall make a written contract with the lowest responsive and 2,306
responsible bidder, in accordance with section 9.312 of the 2,307
Revised Code, after advertisement for not less than two 2,308
consecutive weeks in a newspaper of general circulation in 2,309
Franklin county, and in such other publications as the authority 2,310
determines, which notice shall state the general character of the 2,311
work and the general character of the materials to be furnished, 2,312
the place where plans and specifications therefor may be 2,313
examined, and the time and place of receiving bids;, provided, 2,315
that a contract or lease for the operation of a water development 2,316
project constructed and owned by the authority or an agreement 2,317
for cooperation in the acquisition or construction of a water 2,318
development project pursuant to section 6121.13 of the Revised 2,319
Code or any contract for the construction of a water development 2,320
project that is to be leased by the authority to, and operated 2,321
by, persons who are not governmental agencies and the cost of 2,322
such THE project is to be amortized exclusively from rentals or 2,323
other charges paid to the authority by persons who are not 2,325
governmental agencies is not subject to the foregoing 2,326
requirements and the authority may enter into such A contract or 2,327
lease or such AN agreement pursuant to negotiation and upon such 2,329
terms and conditions and for such period as it finds to be 2,330
reasonable and proper in the circumstances and in the best 2,331
interests of proper operation or of efficient acquisition or 2,332
construction of such THE project.
(2) Each bid for a contract for the construction, 2,334
demolition, alteration, repair, or reconstruction of an 2,335
improvement shall contain the full name of every person 2,336
interested in it and meets SHALL MEET the requirements of section 2,338
153.54 of the Revised Code. 2,339
(3) Each bid for a contract except as provided in division 2,341
(L)(2) of this section shall contain the full name of every 2,342
person or company interested in it and shall be accompanied by a 2,343
52
sufficient bond or certified check on a solvent bank that if the 2,344
bid is accepted, a contract will be entered into and the 2,345
performance thereof secured. 2,346
(4) The authority may reject any and all bids. 2,348
(5) A bond with good and sufficient surety, approved by 2,350
the authority, shall be required of every contractor awarded a 2,351
contract except as provided in division (L)(2) of this section, 2,352
in an amount equal to at least fifty per cent of the contract 2,353
price, conditioned upon the faithful performance of the contract. 2,354
(M) Employ managers, superintendents, and other employees 2,356
and retain or contract with consulting engineers, financial 2,357
consultants, accounting experts, architects, attorneys, and other 2,358
consultants and independent contractors as are necessary in its 2,359
judgment to carry out this chapter, and fix the compensation 2,360
thereof. All expenses thereof shall be payable solely from the 2,361
proceeds of water development revenue bonds or notes issued under 2,362
this chapter, from revenues, or from funds appropriated for such 2,363
THAT purpose by the general assembly. 2,364
(N) Receive and accept from any federal agency, subject to 2,366
the approval of the governor, grants for or in aid of the 2,367
construction of any water development project or for research and 2,368
development with respect to waste water or water management 2,369
facilities, and receive and accept aid or contributions from any 2,370
source of money, property, labor, or other things of value, to be 2,371
held, used, and applied only for the purposes for which such THE 2,372
grants and contributions are made; 2,373
(O) Engage in research and development with respect to 2,375
waste water or water management facilities; 2,376
(P) Purchase fire and extended coverage and liability 2,378
insurance for any water development project and for the principal 2,379
office and suboffices of the authority, insurance protecting the 2,380
authority and its officers and employees against liability for 2,381
damage to property or injury to or death of persons arising from 2,382
its operations, and any other insurance the authority may agree 2,383
53
to provide under any resolution authorizing its water development 2,384
revenue bonds or in any trust agreement securing the same; 2,385
(Q) Charge, alter, and collect rentals and other charges 2,387
for the use or services of any water development project as 2,388
provided in section 6121.13 of the Revised Code; 2,389
(R) Provide coverage for its employees under sections 2,391
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of 2,392
the Revised Code; 2,393
(S) Assist in the implementation and administration of the 2,395
DRINKING WATER ASSISTANCE FUND AND PROGRAM CREATED IN SECTION 2,396
6109.22 OF THE REVISED CODE AND THE water pollution control loan 2,397
fund and program created in section 6111.036 of the Revised Code, 2,399
including, without limitation, performing or providing fiscal 2,400
management for the fund FUNDS and investing and disbursing moneys 2,401
in the fund FUNDS, and may enter into all necessary and 2,403
appropriate agreements with the director of environmental 2,404
protection for such THOSE purposes;
(T) Issue water development revenue bonds and notes of the 2,406
state in such principal amounts as THAT are necessary for the 2,408
purpose of raising moneys for the sole benefit of the water 2,409
pollution control loan fund created in section 6111.036 of the 2,410
Revised Code, including moneys to meet the requirement for 2,411
providing matching moneys under division (D) of that section. 2,412
The bonds and notes may be secured by appropriate trust 2,413
agreements and repaid from moneys credited to the fund from 2,414
payments of principal and interest on loans made from the fund, 2,415
as provided in division (F) of section 6111.036 of the Revised 2,416
Code.
(U) ISSUE WATER DEVELOPMENT REVENUE BONDS AND NOTES OF THE 2,418
STATE IN PRINCIPAL AMOUNTS THAT ARE NECESSARY FOR THE PURPOSE OF 2,419
RAISING MONEYS FOR THE SOLE BENEFIT OF THE DRINKING WATER 2,420
ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE REVISED CODE, 2,423
INCLUDING MONEYS TO MEET THE REQUIREMENT FOR PROVIDING MATCHING 2,424
MONEYS UNDER DIVISIONS (B) AND (F) OF THAT SECTION. THE BONDS 2,426
54
AND NOTES MAY BE SECURED BY APPROPRIATE TRUST AGREEMENTS AND 2,427
REPAID FROM MONEYS CREDITED TO THE FUND FROM PAYMENTS OF 2,428
PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND, AS PROVIDED 2,429
IN DIVISION (F) OF SECTION 6109.22 OF THE REVISED CODE. 2,432
(V) Do all acts necessary or proper to carry out the 2,434
powers expressly granted in this chapter. 2,435
Sec. 6121.06. (A) The Ohio water development authority 2,444
may, from time to time, MAY issue water development revenue bonds 2,446
and notes of the state in such principal amount as, in the 2,447
opinion of the authority, are necessary for the purpose of paying 2,448
any part of the cost of one or more water development projects or 2,449
parts thereof. The authority may, from time to time, MAY issue 2,450
renewal notes, issue bonds to pay such THOSE notes, and whenever 2,452
it deems CONSIDERS refunding, including funding and retirement, 2,453
expedient, refund any bonds by the issuance of water development 2,455
revenue refunding bonds of the state, whether the bonds to be 2,456
refunded have or have not matured, and issue bonds partly to 2,457
refund bonds then outstanding, and partly for any other 2,458
authorized purpose. The refunding bonds may be issued in amounts 2,459
sufficient for payment of the principal amount of the bonds to be 2,460
so refunded, any redemption premiums thereon, principal 2,461
maturities of any bonds maturing prior to the redemption of the 2,462
bonds to be so refunded, interest accrued or to accrue to the 2,463
maturity dates or dates of redemption of such THE bonds, and any 2,464
expenses incurred or to be incurred in connection with such THE 2,465
refunding, funding, and retirement and issuance of the bonds. 2,466
Except
EXCEPT as may otherwise be expressly provided by the 2,469
authority, every issue of its bonds or notes shall be general 2,470
obligations of the authority payable out of the revenues of the 2,471
authority, which are pledged for such THAT payment, without 2,472
preference or priority of the first bonds issued, subject only to 2,473
any agreements with the holders of particular bonds or notes 2,474
pledging any particular revenues. The pledge shall be valid and 2,475
55
binding from the time the pledge is made, and the revenues so 2,476
pledged and thereafter received by the authority shall 2,477
immediately SHALL be subject to the lien of that pledge without 2,479
any physical delivery thereof or further act, and the lien of any 2,480
such pledge is valid and binding as against all parties having 2,481
claims of any kind in tort, contract, or otherwise against the 2,482
authority, irrespective of whether such THE parties have notice 2,484
thereof. Neither the resolution nor any trust agreement by which 2,485
a pledge is created need be filed or recorded except in the 2,486
records of the authority.
Whether or not the bonds or notes are of such form and 2,488
character as to be negotiable instruments, the bonds or notes 2,489
shall have all the qualities and incidents of negotiable 2,490
instruments, subject only to the provisions of the bonds or notes 2,491
for registration. 2,492
The bonds and notes shall be authorized by resolution of 2,494
the authority, shall bear such date or dates, and shall mature at 2,495
such time or times, in the case of any such note or any renewals 2,496
thereof not exceeding five years from the date of issue of the 2,497
original note, and in the case of any such bond not exceeding 2,498
forty years from the date of issue, as such THE resolution or 2,499
resolutions may provide. The bonds and notes shall bear interest 2,500
at such rate or rates, be in such denominations, be in such form, 2,501
either coupon or registered, carry such registration privileges, 2,502
be payable in such medium of payment, at such place or places, 2,503
and be subject to such terms of redemption as the authority may 2,504
authorize. The bonds and notes of the authority may be sold by 2,505
the authority, at public or private sale, at or not less than 2,506
such price or prices as the authority determines. The 2,507
THE bonds and notes shall be executed by the chairman 2,510
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the authority, 2,512
either or both of whom may use a facsimile signature, the 2,513
official seal of the authority or a facsimile thereof shall be 2,514
affixed thereto or printed thereon and attested, manually or by 2,515
56
facsimile signature, by the secretary-treasurer of the authority, 2,516
and any coupons attached thereto shall bear the signature or 2,517
facsimile signature of the chairman CHAIRPERSON of the authority. 2,518
In case IF any officer whose signature, or a facsimile of whose 2,520
signature, appears on any bonds, notes, or coupons ceases to be 2,521
such an officer before delivery of THE bonds or notes, his THE 2,522
OFFICER'S signature or facsimile is nevertheless sufficient for 2,523
all purposes the same as if he THE OFFICER had remained in office 2,524
until such THE delivery, and in case IF the seal of the authority 2,526
has been changed after a facsimile has been imprinted on such ANY 2,527
bonds or notes, such THE facsimile seal will continue CONTINUES 2,528
to be sufficient for all purposes. 2,530
Any resolution or resolutions authorizing any bonds or 2,532
notes or any issue thereof may contain provisions, subject to 2,533
such agreements with bondholders or noteholders as may then exist 2,535
THEN, which provisions shall be a part of the contract with the
holders thereof, as to: pledging all or any part of the revenues 2,536
of the authority to secure the payment of the bonds or notes or 2,537
of any issue thereof; the use and disposition of revenues of the 2,538
authority; a covenant to fix, alter, and collect rentals and 2,539
other charges so that pledged revenues will be sufficient to pay 2,540
costs of operation, maintenance, and repairs, pay principal of 2,541
and interest on bonds or notes secured by the pledge of such THE 2,542
revenues, and provide such reserves as may be required by the 2,543
applicable resolution or trust agreement; the setting aside of 2,544
reserve funds, sinking funds, or replacement and improvement 2,545
funds and the regulation and disposition thereof; the crediting 2,546
of the proceeds of the sale of bonds or notes to and among the 2,547
funds referred to or provided for in the resolution authorizing 2,548
the issuance of the bonds or notes; the use, lease, sale, or 2,549
other disposition of any water development project or any other 2,550
assets of the authority; limitations on the purpose to which the 2,551
proceeds of sale of bonds or notes may be applied and pledging 2,552
such THE proceeds to secure the payment of the bonds or notes or 2,553
57
of any issue thereof; with regard to notes issued in anticipation 2,555
of the issuance of bonds, the agreement of the authority to do 2,556
all things necessary for the authorization, issuance, and sale of 2,557
such THE bonds in such amounts as may be necessary for the timely 2,559
retirement of such THE notes; limitations on the issuance of 2,560
additional bonds or notes; the terms upon which additional bonds 2,561
or notes may be issued and secured; the refunding of outstanding 2,562
bonds or notes; the procedure, if any, by which the terms of any 2,563
contract with bondholders or noteholders may be amended or 2,564
abrogated, the amount of bonds or notes the holders of which must 2,565
consent thereto, and the manner in which such THAT consent may be 2,567
given; limitations on the amount of moneys to be expended by the 2,568
authority for operating, administrative, or other expenses of the 2,569
authority; securing any bonds or notes by a trust agreement in 2,570
accordance with section 6121.11 of the Revised Code; and any 2,571
other matters, of like or different character, which THAT in any 2,572
way affect the security or protection of the bonds or notes. 2,574
(B) An action taken under this division does not limit the 2,576
generality of division (A) of this section. 2,577
A resolution authorizing the issuance of bonds or notes by 2,579
the authority to provide all or a portion of the state's match 2,580
for federal capitalization grants under Title VI of the "Clean 2,581
Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, as amended, 2,582
to the water pollution control loan fund created in section 2,583
6111.036 of the Revised Code, OR FOR FEDERAL CAPITALIZATION 2,584
GRANTS UNDER TITLE I OF THE "SAFE DRINKING WATER ACT AMENDMENTS 2,591
OF 1996," 110 STAT. 1613, 42 U.S.C.A. 300(F), AS AMENDED, TO THE 2,594
DRINKING WATER ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE 2,595
REVISED CODE, and establishing a reserve fund IN EITHER CASE for 2,597
the payment of the principal of and interest on such THE bonds or 2,598
notes may include, in the event that the revenues primarily 2,599
pledged and required to be used for such payments are 2,600
insufficient to make any such THE payment in full when due, a 2,601
covenant of the director of environmental protection that if the 2,602
58
principal of or interest on any such bonds or notes is paid with 2,603
moneys drawn from such a reserve fund, the director shall so 2,605
notify the governor, and shall determine to what extent, if any,
the moneys so drawn may be restored to the reserve fund from 2,608
available moneys previously appropriated to the environmental 2,609
protection agency. The covenant also shall provide that if the 2,610
moneys so drawn are not immediately and fully restored to the 2,611
reserve fund from such available moneys, the director shall 2,612
promptly submit to the governor and to the director of budget and 2,613
management a written request for either or both of the following: 2,614
(1) That the next biennial budget submitted by the 2,616
governor to the general assembly include an amount to be 2,617
appropriated to the environmental protection agency sufficient 2,618
for the full replenishment of the reserve fund; 2,619
(2) That the general assembly be requested to increase 2,621
appropriations for the environmental protection agency in the 2,622
current biennium sufficient for the full replenishment of the 2,623
reserve fund. 2,624
The director shall include with such requests a 2,626
recommendation that the replenishment of the reserve fund be made 2,627
in the interest of maximizing the state's entitlements to federal 2,628
funds under Title VI of the "Clean Water Act of 1977," 91 Stat. 2,629
1566, 33 U.S.C.A. 1251, as amended, OR UNDER TITLE I OF THE "SAFE 2,632
DRINKING WATER ACT AMENDMENTS OF 1996," 110 STAT. 1613, 42 2,638
U.S.C.A. 300(f), AS AMENDED, AS APPLICABLE, thereby also 2,640
maximizing the benefits of the water pollution control loan fund 2,641
OR THE DRINKING WATER ASSISTANCE FUND, AS APPLICABLE, to the 2,642
political subdivisions that pay the cost of wastewater treatment 2,643
projects OR DRINKING WATER PROJECTS with low-cost loans from that 2,644
fund THOSE FUNDS. Any such covenant shall not obligate or 2,646
purport to obligate the state to pay the principal of or interest 2,647
on such THE bonds or notes or to deposit moneys in a reserve fund 2,649
established for such THOSE payments other than from moneys 2,651
lawfully appropriated for that purpose during the then-current 2,652
59
biennium.
(C) Neither the members of the authority nor any person 2,654
executing bonds or notes under this section shall be IS liable 2,655
personally on the bonds or notes or be IS subject to any personal 2,657
liability or accountability by reason of the issuance thereof. 2,658
Section 2. That existing sections 3745.11, 6103.22, 2,660
6109.01, 6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 2,661
of the Revised Code are hereby repealed. 2,662