As Reported by the Senate Energy, Natural Resources 1
and Environment Committee 2
122nd General Assembly 5
Regular Session Am. Sub. H. B. No. 321 6
1997-1998 7
REPRESENTATIVES HOUSEHOLDER-HAINES-TERWILLEGER-VAN VYVEN-TIBERI- 9
CAREY-CLANCY-GARCIA-JACOBSON-JOHNSON-KREBS-METZGER-OGG-PADGETT- 10
PRINGLE-REID-SAWYER-SCHULER-STAPLETON-SULZER-THOMPSON-WILSON- 11
LOGAN-ROBERTS-WESTON-CATES-GRENDELL-VESPER-TAYLOR-BRADING- 12
VERICH-GARDNER-LEWIS-ROMAN-OPFER-COLONNA-MOTTLEY-CORBIN-MYERS- 13
O'BRIEN-PATTON-BRADY-HARRIS 14
16
A B I L L
To amend sections 3745.11, 6103.22, 6109.01, 18
6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 19
6121.06 and to enact sections 6109.22, 6109.23, 20
and 6109.24 of the Revised Code to authorize the 21
Director of Environmental Protection to develop 22
and implement a drinking water assistance loan 23
program consistent with the federal Safe Drinking 24
Water Act Amendments of 1996 and to receive and 25
disburse federal capitalization grant moneys for 26
the purposes of that program, and to make other 27
changes in the state's safe drinking water 28
program in accordance with that act. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 3745.11, 6103.22, 6109.01, 33
6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 be 34
amended and sections 6109.22, 6109.23, and 6109.24 of the Revised 35
Code be enacted to read as follows: 36
Sec. 3745.11. (A) Applicants for and holders of permits, 45
licenses, variances, plan approvals, and certifications issued by 46
the director of environmental protection pursuant to Chapters 47
2
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 48
fee to the environmental protection agency for each such issuance 49
and each application for an issuance as provided by this section. 50
No fee shall be charged for any issuance for which no application 51
has been submitted to the director. 52
(B) Prior to January 1, 1994, each person issued a permit 54
to operate, variance, or permit to install under section 3704.03 55
of the Revised Code shall pay the fees specified in the following 56
schedule: 57
(1) Fuel-Burning Equipment 59
Input capacity 61
(million British Permit Permit 62
thermal units to to 64
per hour) operate Variance install 67
0 or more, but 70
less than 10 $ 75 $225 $ 100
10 or more, but 71
less than 100 210 450 390
100 or more, but 72
less than 300 270 675 585
300 or more, but 73
less than 500 330 900 780
500 or more 500 975 1000 74
Any fuel-burning equipment using only natural gas, propane, 77
liquefied petroleum gas, or number two or lighter fuel oil shall 78
be assessed a fee one-half of that shown. 79
(2) Incinerators 81
Input capacity Permit Permit 84
(pounds per to to 86
hour) operate VARIANCE install 90
0 to 50 $ 50 $225 $ 65 93
51 to 500 210 450 390 94
501 to 2000 270 675 585 95
2001 to 30,000 330 900 780 96
3
more than 30,000 500 975 1000 97
(3) Process 100
Process weight Permit Permit 103
rate to to 104
(pounds per hour) operate Variance install 107
0 to 1000 $100 $225 $ 200 110
1001 to 5000 210 450 390 111
5001 to 10,000 270 675 585 112
10,001 to 50,000 330 900 780 113
more than 50,000 500 975 1000 114
In any process where process weight rate cannot be 117
ascertained, the minimum fee shall be assessed. 118
(4) Storage tanks 120
Gallons Permit to Permit to 123
(capacity) operate Variance install 125
less than 40,000 $150 $225 $ 195 128
40,000 or more, but 129
less than 100,000 210 450 390
100,000 or more, but 130
less than 400,000 270 675 585
400,000 or more, but 131
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 132
(5) Gasoline 135
Gasoline dispensing Permit to Permit to 138
facilities operate Variance install 140
For each gasoline 143
dispensing
facility $20 $100 $50
(6) Dry cleaning 146
Dry cleaning Permit to Permit to 149
facilities operate Variance install 151
For each dry 154
4
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 157
of the Revised Code shall be assessed a fee of two hundred fifty 158
dollars per mine or location. 159
(C)(1) Except as otherwise provided in division (C)(2) of 161
this section, beginning July 1, 1994, each person who owns or 162
operates an air contaminant source and who is required to apply 163
for and obtain a Title V permit under section 3704.036 of the 164
Revised Code shall pay the fees set forth in division (C)(1) of 165
this section. For the purposes of that division, total emissions 166
of air contaminants may be calculated using engineering 167
calculations, emissions factors, material balance calculations, 168
or performance testing procedures, as authorized by the director. 169
The following fees shall be assessed on the total actual 171
emissions from a source in tons per year of the regulated 172
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 173
organic compounds, and lead: 174
(a) Fifteen dollars per ton on the total actual emissions 176
of each such regulated pollutant during the period July through 177
December 1993, to be collected no sooner than July 1, 1994; 178
(b) Twenty dollars per ton on the total actual emissions 180
of each such regulated pollutant during calendar year 1994, to be 181
collected no sooner than April 15, 1995; 182
(c) Twenty-five dollars per ton on the total actual 184
emissions of each such regulated pollutant in calendar year 1995, 185
and each subsequent calendar year, to be collected no sooner than 186
the fifteenth day of April of the year next succeeding the 187
calendar year in which the emissions occurred. 188
The fees levied under division (C)(1) of this section do 190
not apply to that portion of the emissions of a regulated 191
pollutant at a facility that exceed four thousand tons during a 192
calendar year. 193
(2) The fees assessed under division (C)(1) of this 195
section are for the purpose of providing funding for the Title V 196
5
permit program. 197
(3) The fees assessed under division (C)(1) of this 199
section do not apply to emissions from any electric generating 200
unit designated as a Phase I unit under Title IV of the federal 201
Clean Air Act prior to calendar year 2000. Those fees shall be 202
assessed on the emissions from such a generating unit commencing 203
in calendar year 2001 based upon the total actual emissions from 204
the generating unit during calendar year 2000. 205
(4) The director shall issue invoices to owners or 207
operators of air contaminant sources who are required to pay a 208
fee assessed under division (C) or (D) of this section. Any such 209
invoice shall be issued no sooner than the applicable date when 210
the fee first may be collected in a year under the applicable 211
division, shall identify the nature and amount of the fee 212
assessed, and shall indicate that the fee is required to be paid 213
within thirty days after the issuance of the invoice. 214
(D) Beginning January 1, 1994, each person who owns or 216
operates an air contaminant source; who is required to apply for 217
a permit to operate pursuant to rules adopted under division (G), 218
or a variance pursuant to division (H), of section 3704.03 of the 219
Revised Code; and who is not required to apply for and obtain a 220
Title V permit under section 3704.036 of the Revised Code shall 221
pay a single fee based upon the sum of the actual annual 222
emissions from the facility of the regulated pollutants 223
particulate matter, sulfur dioxide, nitrogen oxides, organic 225
compounds, and lead in accordance with the following schedule: 226
Total tons per year 228
of regulated pollutants Annual fee 229
emitted per facility 230
More than 0, but less than 50 $ 75 233
50 or more, but less than 100 300 234
100 or more 700 235
The fees assessed under this division shall be collected 238
annually no sooner than the fifteenth day of April, commencing in 239
6
1995. The fee assessed under this division in a calendar year 240
shall be based upon the sum of the actual emissions of those 241
regulated pollutants during the preceding calendar year. For the 242
purpose of this division, emissions of air contaminants may be 243
calculated using engineering calculations, emission factors, 244
material balance calculations, or performance testing procedures, 245
as authorized by the director. The director, by rule, may 246
require persons who are required to pay the fees assessed under 247
this division to pay those fees biennially rather than annually. 248
(E)(1) Consistent with the need to cover the reasonable 250
costs of the Title V permit program, the director annually shall 251
increase the fees prescribed in division (C)(1) of this section 252
by the percentage, if any, by which the consumer price index for 253
the most recent calendar year ending before the beginning of a 254
year exceeds the consumer price index for calendar year 1989. 255
Upon calculating an increase in fees authorized by this division 256
(E)(1) OF THIS SECTION, the director shall compile revised fee 258
schedules for the purposes of that division (C)(1) OF THIS 260
SECTION and shall make the revised schedules available to persons 262
required to pay the fees assessed under that division and to the 263
public.
(2) For the purposes of division (E)(1) of this section: 265
(a) The consumer price index for any year is the average 267
of the consumer price index for all urban consumers published by 268
the United States department of labor as of the close of the 269
twelve-month period ending on the thirty-first day of August of 270
that year; 271
(b) If the 1989 consumer price index is revised, the 273
director shall use the revision of the consumer price index that 274
is most consistent with that for calendar year 1989. 275
(F) Each person who is issued a permit to install pursuant 277
to rules adopted under division (F) of section 3704.03 of the 278
Revised Code on or after January 1, 1994, shall pay the fees 279
specified in the following schedules: 280
7
(1) Fuel-burning equipment (boilers) 282
Input capacity (maximum) 284
(million British thermal units per Permit to install 285
hour)
Greater than 0, but less than 10 $ 200 286
10 or more, but less than 100 400 287
100 or more, but less than 300 800 288
300 or more, but less than 500 1500 289
500 or more, but less than 1000 2500 290
1000 or more, but less than 5000 4000 291
5000 or more 6000 292
Units burning exclusively natural gas, number two fuel oil, 295
or both shall be assessed a fee that is one-half the applicable 296
amount shown in division (F)(1) of this section. 297
(2) Incinerators 299
Input capacity (pounds per hour) Permit to install 301
0 to 100 $ 100 302
101 to 500 400 303
501 to 2000 750 304
2001 to 20,000 1000 305
more than 20,000 2500 306
(3)(a) Process 309
Process weight rate (pounds per Permit to install 311
hour)
0 to 1000 $ 200 312
1001 to 5000 400 313
5001 to 10,000 600 314
10,001 to 50,000 800 315
more than 50,000 1000 316
In any process where process weight rate cannot be 319
ascertained, the minimum fee shall be assessed. 320
(b) Notwithstanding division (F)(3)(a) of this section, 322
any person issued a permit to install pursuant to rules adopted 323
under division (F) of section 3704.03 of the Revised Code shall 324
8
pay the fees set forth in division (F)(3)(c) of this section for 325
a process used in any of the following industries, as identified 326
by the applicable four-digit standard industrial classification 327
code according to the Standard Industrial Classification Manual 328
published by the United States office of management and budget in 329
the executive office of the president, 1972, as revised: 330
1211 Bituminous coal and lignite mining; 332
1213 Bituminous coal and lignite mining services; 334
1411 Dimension stone; 336
1422 Crushed and broken limestone; 338
1427 Crushed and broken stone, not elsewhere classified; 340
1442 Construction sand and gravel; 342
1446 Industrial sand; 344
3281 Cut stone and stone products; 346
3295 Minerals and earth, ground or otherwise treated. 348
(c) The fees set forth in the following schedule apply to 350
the issuance of a permit to install pursuant to rules adopted 351
under division (F) of section 3704.03 of the Revised Code for a 352
process identified in division (F)(3)(b) of this section: 353
Process weight rate Permit to install 355
(pounds per hour)
0 to 10,000 $200 356
10,001 to 50,000 300 357
50,001 to 100,000 400 358
100,001 to 200,000 500 359
200,001 to 400,000 600 360
400,001 or more 700 361
(4) Storage tanks 364
Gallons (maximum useful Permit to install 366
capacity)
0 to 20,000 $100 367
20,001 to 40,000 150 368
40,001 to 100,000 200 369
100,001 to 250,000 250 370
9
250,001 to 500,000 350 371
500,001 to 1,000,000 500 372
1,000,001 or greater 750 373
(5) Gasoline/fuel dispensing facilities 376
For each gasoline/fuel Permit to install 378
dispensing facility
(includes all units at $100 379
the facility)
(6) Dry cleaning facilities 382
For each dry cleaning Permit to install 384
facility
(includes all units at $100 385
the facility)
(7) Registration status 388
Permit to install 390
For each source covered 391
by registration status $75
(G) An owner or operator who is responsible for an 394
asbestos demolition or renovation project pursuant to rules 395
adopted under section 3704.03 of the Revised Code shall pay the 396
fees set forth in the following schedule: 397
Action Fee 399
Each notification $75 400
Asbestos removal $3/unit 401
Asbestos cleanup $4/cubic yard 402
For purposes of this division, a "unit" means any combination of 406
linear feet or square feet equal to fifty. 407
(H) A person who is issued an extension of time for a 409
permit to install an air contaminant source pursuant to rules 410
adopted under division (F) of section 3704.03 of the Revised Code 411
shall pay a fee equal to one-half the fee originally assessed for 412
the permit to install under this section, except that the fee for 413
such an extension shall not exceed two hundred dollars. 414
(I) A person who is issued a modification to a permit to 416
10
install an air contaminant source pursuant to rules adopted under 417
section 3704.03 of the Revised Code shall pay a fee equal to 418
one-half of the fee that would be assessed under this section to 419
obtain a permit to install the source. The fee assessed by this 420
division only applies to modifications that are initiated by the 421
owner or operator of the source and shall not exceed two thousand 422
dollars. 423
(J) Notwithstanding division (B) or (F) of this section, a 425
person who applies for or obtains a permit to install pursuant to 426
rules adopted under division (F) of section 3704.03 of the 427
Revised Code after the date actual construction of the source 428
began shall pay a fee for the permit to install that is equal to 429
twice the fee that otherwise would be assessed under the 430
applicable division unless the applicant received authorization 431
to begin construction under division (W) of section 3704.03 of 432
the Revised Code. This division only applies to sources for 433
which actual construction of the source begins on or after July 434
1, 1993. The imposition or payment of the fee established in 435
this division does not preclude the director from taking any 436
administrative or judicial enforcement action under this chapter, 437
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 438
rule adopted under any of them, in connection with a violation of 439
rules adopted under division (F) of section 3704.03 of the 440
Revised Code. 441
As used in this division, "actual construction of the 443
source" means the initiation of physical on-site construction 444
activities in connection with improvements to the source that are 445
permanent in nature, including, without limitation, the 446
installation of building supports and foundations and the laying 447
of underground pipework. 448
(K) Fifty cents per ton of each fee assessed under 450
division (C) of this section on actual emissions from a source 451
and received by the environmental protection agency pursuant to 452
that division shall be deposited into the state treasury to the 453
11
credit of the small business assistance fund created in section 454
3706.19 of the Revised Code. The remainder of the moneys 455
received by the division pursuant to that division and moneys 456
received by the agency pursuant to divisions (D), (F), (G), (H), 457
(I), and (J) of this section shall be deposited in the state 458
treasury to the credit of the clean air fund created in section 459
3704.035 of the Revised Code. 460
(L)(1)(a) Except as otherwise provided in division 462
(L)(1)(b) or (c) of this section, a person issued a water 463
discharge permit or renewal of a water discharge permit pursuant 464
to Chapter 6111. of the Revised Code shall pay a fee based on 465
each point source to which the issuance is applicable in 466
accordance with the following schedule: 467
Design flow discharge (gallons per day) Fee 469
0 to 1000 $ 0 472
1,001 to 5000 100 473
5,001 to 50,000 200 474
50,001 to 100,000 300 475
100,001 to 300,000 525 476
over 300,000 750 477
(b) Notwithstanding the fee schedule specified in division 480
(L)(1)(a) of this section, the fee for a water discharge permit 481
that is applicable to coal mining operations regulated under 482
Chapter 1513. of the Revised Code shall be two hundred fifty 483
dollars per mine. 484
(c) Notwithstanding the fee schedule specified in division 486
(L)(1)(a) of this section, the fee for a water discharge permit 487
for a public discharger identified by I in the third character of 488
the permittee's NPDES permit number shall not exceed seven 489
hundred fifty dollars. 490
(2) A person applying for a plan approval for a wastewater 492
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 493
of the Revised Code shall pay a fee of one hundred dollars plus 494
sixty-five one-hundredths of one per cent of the estimated 495
12
project cost through June 30, 1998, and one hundred dollars plus 497
two-tenths of one per cent of the estimated project cost on and 498
after July 1, 1998, except that the total fee shall not exceed 500
fifteen thousand dollars through June 30, 1998, and five thousand 502
dollars on and after July 1, 1998. The fee shall be paid at the 504
time the application is submitted. 505
(3) A person issued a modification of a water discharge 507
permit shall pay a fee equal to one-half the fee that otherwise 508
would be charged for a water discharge permit, except that the 509
fee for the modification shall not exceed four hundred dollars. 510
(4) A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE 512
DIRECTOR UNDER SECTION 6111.14 OF THE REVISED CODE SHALL PAY AN 515
ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT 516
SECTION FOR APPROVAL THAT SHALL NOT EXCEED THE MINIMUM AMOUNT 517
NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO 518
PROCESSING PLAN APPROVALS. THE DIRECTOR ANNUALLY SHALL CALCULATE 519
THE FEE AND SHALL NOTIFY ALL PERSONS WHO HAVE ENTERED INTO 521
AGREEMENTS UNDER THAT SECTION, OR WHO HAVE APPLIED FOR 522
AGREEMENTS, OF THE AMOUNT OF THE FEE. 523
(5)(a) Not later than January 30, 1996, and January 30, 525
1997, a person holding an NPDES discharge permit issued pursuant 527
to Chapter 6111. of the Revised Code with an average daily 528
discharge flow of five thousand gallons or more shall pay a 529
nonrefundable annual discharge fee. Any person who fails to pay 530
the fee at that time shall pay an additional amount that equals 531
ten per cent of the required annual discharge fee. 532
The average daily discharge flow in gallons per day shall 534
be calculated using first day of May through thirty-first day of 535
October flow data for the period two years prior to the date on 536
which the fee is due. In the case of NPDES discharge permits for 538
new sources, the fee for the first two years of operations
OPERATION shall be calculated using the average daily design flow 539
of the facility. 541
(b) An NPDES permit holder that is a public discharger 543
13
shall pay the fee specified in the following schedule: 544
Average daily Fee due by 548
discharge flow January 30, 1996, 549
and January 30, 1997 550
5,000 to 49,999 $ 180 553
50,000 to 100,000 450 554
100,001 to 250,000 900 555
250,001 to 1,000,000 2,250 556
1,000,001 to 5,000,000 4,500 557
5,000,001 to 10,000,000 9,000 558
10,000,001 to 20,000,000 13,500 559
20,000,001 to 50,000,000 22,500 560
50,000,001 to 100,000,000 36,000 561
100,000,001 or more 54,000 562
Public dischargers owning or operating publicly owned 565
treatment works, as "treatment works" is defined in section 566
6111.01 of the Revised Code, that serve exclusively political 568
subdivisions having a population of fewer than one hundred 569
thousand through the operation of two or more publicly owned
treatment works serving the same political subdivision shall pay 570
an annual discharge fee under division (L)(4)(5)(b) of this 571
section that is based on the combined average daily discharge 572
flow of the treatment works rather than on the average daily 573
discharge flow of individual facilities comprising the treatment 574
works.
(c) An NPDES permit holder that is an industrial 576
discharger shall pay the fee specified in the following schedule: 577
Average daily Fee due by 581
discharge flow January 30, 1996, 582
and January 30, 1997 583
5,000 to 49,999 $ 180 586
50,000 to 250,000 900 587
250,001 to 1,000,000 2,250 588
1,000,001 to 5,000,000 4,500 589
14
5,000,001 to 10,000,000 6,750 590
10,000,001 to 20,000,000 9,000 591
20,000,001 to 100,000,000 10,800 592
100,000,001 to 250,000,000 12,600 593
250,000,001 or more 14,400 594
In addition to the fee specified in the above schedule, an 597
NPDES permit holder that is an industrial discharger classified 598
as a major discharger shall pay a nonrefundable annual surcharge 599
of six thousand seven hundred fifty dollars not later than 600
January 30, 1996, and not later than January 30, 1997. Any 601
person who fails to pay the surcharge at that time shall pay an 602
additional amount that equals ten per cent of the amount of the 603
surcharge. 604
(d) Notwithstanding divisions (L)(4)(5)(b) and (c) of this 606
section, a public discharger identified by I in the third 607
character of the permittee's NPDES permit number and an 608
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 609
the third character of the permittee's NPDES permit number shall 611
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1996, and not later than 613
January 30, 1997. Any person who fails to pay the fee at that 614
time shall pay an additional amount that equals ten per cent of 615
the required fee. 616
(5)(6) The director shall transmit all moneys collected 618
under division (L) of this section to the treasurer of state for 619
deposit into the state treasury to the credit of the surface 620
water protection fund created in section 6111.038 of the Revised 621
Code. 622
(6)(7) As used in division (L) of this section: 624
(a) "NPDES" means the federally approved national 626
pollutant discharge elimination system program for issuing, 627
modifying, revoking, reissuing, terminating, monitoring, and 628
enforcing permits and imposing and enforcing pretreatment 629
requirements under Chapter 6111. of the Revised Code and rules 630
15
adopted under it. 631
(b) "Public discharger" means any holder of an NPDES 633
permit identified by P in the second character of the NPDES 634
permit number assigned by the director. 635
(c) "Industrial discharger" means any holder of an NPDES 637
permit identified by I in the second character of the NPDES 638
permit number assigned by the director. 639
(d) "Major discharger" means any holder of an NPDES permit 641
classified as major by the regional administrator of the United 642
States environmental protection agency in conjunction with the 643
director. 644
(M) Through June 30, 1998, a person applying for a license 647
or license renewal to operate a public water system under section 648
6109.21 of the Revised Code shall pay the appropriate fee 649
established under this division at the time of application to the 650
director. Any person who fails to pay the fee at that time shall 651
pay an additional amount that equals ten per cent of the required 652
fee. The director shall transmit all moneys collected under this 653
division to the treasurer of state for deposit into the drinking 654
water protection fund created in section 6109.30 of the Revised 655
Code. 656
Fees required under this division shall be calculated and 658
paid in accordance with the following schedule: 659
(1) For the initial license required under division (A)(1) 661
of section 6109.21 of the Revised Code for any public water 662
system that is a community water system as defined in section 663
6109.01 of the Revised Code, and for each license renewal 664
required for such a system prior to January 31, 1998, the fee is: 666
Number of service connections Fee amount 668
Not more than 49 $ 56 671
50 to 99 88 672
Number of service connections Average cost per connection 675
100 to 2,499 $ .96 677
2,500 to 4,999 .92 678
16
5,000 to 7,499 .88 679
7,500 to 9,999 .84 680
10,000 to 14,999 .80 681
15,000 to 24,999 .76 682
25,000 to 49,999 .72 683
50,000 to 99,999 .68 684
100,000 to 149,999 .64 685
150,000 to 199,999 .60 686
200,000 or more .56 687
A public water system may determine how it will pay the 690
total amount of the fee calculated under division (M)(1) of this 691
section, including the assessment of additional user fees that 692
may be assessed on a volumetric basis. 693
As used in division (M)(1) of this section, "service 695
connection" means the number of active or inactive pipes, 696
goosenecks, pigtails, and any other fittings connecting a water 697
main to any building outlet. 698
(2) For the initial license required under division (A)(2) 700
of section 6109.21 of the Revised Code for any public water 701
system that is not a community water system and serves a 702
nontransient population, and for each license renewal required 703
for such a system prior to January 31, 1998, the fee is: 704
Population served Fee amount 706
Fewer than 150 $ 56 709
150 to 299 88 710
300 to 749 192 711
750 to 1,499 392 712
1,500 to 2,999 792 713
3,000 to 7,499 1,760 714
7,500 to 14,999 3,800 715
15,000 to 22,499 6,240 716
22,500 to 29,999 8,576 717
30,000 or more 11,600 718
As used in division (M)(2) of this section, "population 721
17
served" means the total number of individuals receiving water 722
from the water supply during a twenty-four-hour period for at 723
least sixty days during any calendar year. In the absence of a 724
specific population count, that number shall be calculated at the 725
rate of three individuals per service connection. 726
(3) For the initial license required under division (A)(3) 728
of section 6109.21 of the Revised Code for any public water 729
system that is not a community water system and serves a 730
transient population, and for each license renewal required for 731
such a system prior to January 31, 1998, the fee is: 732
Number of wells supplying system Fee amount 734
1 $ 56 737
2 56 738
3 88 739
4 192 740
5 392 741
System supplied by surface 744
springs or dug wells 792
As used in division (M)(3) of this section, "number of 747
wells supplying system" means those wells that are physically 748
connected to the plumbing system serving the public water system. 749
(N)(1) A person applying for a plan approval for a public 751
water supply system under section 6109.07 of the Revised Code 752
shall pay a fee of one hundred dollars plus two-tenths of one per 753
cent of the estimated project cost, except that the total fee 754
shall not exceed fifteen thousand dollars through June 30, 1998, 756
and five thousand dollars on and after July 1, 1998. The fee
shall be paid at the time the application is submitted. 757
(2) A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE 760
DIRECTOR UNDER DIVISION (A)(2) OF SECTION 6109.07 OF THE REVISED 762
CODE SHALL PAY AN ADMINISTRATIVE SERVICE FEE FOR EACH PLAN 763
SUBMITTED UNDER THAT SECTION FOR APPROVAL THAT SHALL NOT EXCEED 764
THE MINIMUM AMOUNT NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY 765
ATTRIBUTABLE TO PROCESSING PLAN APPROVALS. THE DIRECTOR ANNUALLY 766
18
SHALL CALCULATE THE FEE AND SHALL NOTIFY ALL PERSONS THAT HAVE 768
ENTERED INTO AGREEMENTS UNDER THAT DIVISION, OR WHO HAVE APPLIED 769
FOR AGREEMENTS, OF THE AMOUNT OF THE FEE. 770
(3) Through June 30, 1998, the following fee, on a per 772
survey basis, shall be charged any person for services rendered 773
by the state in the evaluation of laboratories and laboratory 774
personnel for compliance with accepted analytical techniques and 775
procedures established pursuant to Chapter 6109. of the Revised 776
Code for determining the qualitative characteristics of water: 777
microbiological $1,650 779
organic chemical 4,500 3,500 780
inorganic chemical 3,500 781
standard chemistry 1,800 782
limited chemistry 1,500 1,000 783
On and after July 1, 1998, the following fee, on a per 786
survey basis, shall be charged any such person: 787
microbiological $250 789
chemical/radiological 250 790
nitrate/turbidity (only) 150 791
The fee for those services shall be paid at the time the request 794
for the survey is made. Through June 30, 1998, an individual 796
laboratory shall not be assessed a fee under this division more 797
than once in any three-year period. 798
The director shall transmit all moneys collected under this 800
division to the treasurer of state for deposit into the drinking 801
water protection fund created in section 6109.30 of the Revised 802
Code. 803
(O) Any person applying to the director for examination 805
for certification as an operator of a water supply system or 806
wastewater system under Chapter 6109. or 6111. of the Revised 807
Code, at the time the application is submitted, shall pay an 808
application fee of twenty-five dollars through June 30, 1998, and 811
ten dollars on and after July 1, 1998. Upon approval from the 812
director that the applicant is eligible to take the examination 813
19
therefor,: the applicant shall pay a fee in accordance with the 814
following schedule through June 30, 1998: 815
Class I operator $45 817
Class II operator 55 818
Class III operator 65 819
Class IV operator 75 820
On and after July 1, 1998, the applicant shall pay a fee in 824
accordance with the following schedule:
Class I operator $25 826
Class II operator 35 827
Class III operator 45 828
Class IV operator 55 829
The director shall transmit all moneys collected under this 832
division to the treasurer of state for deposit into the surface 833
DRINKING water protection fund created in section 6111.038 834
6109.30 of the Revised Code. 835
(P) Through June 30, 1998, any person submitting an 837
application for an industrial water pollution control certificate 838
under section 6111.31 of the Revised Code shall pay a 839
nonrefundable fee of five hundred dollars at the time the 840
application is submitted. The director shall transmit all moneys 841
collected under this division to the treasurer of state for 842
deposit into the surface water protection fund created in section 843
6111.038 of the Revised Code. A person paying a certificate fee 844
under this division shall not pay an application fee under 845
division (S)(1) of this section. 846
(Q) Except as otherwise provided in division (R) of this 848
section, a person issued a permit by the director for a new solid 849
waste disposal facility other than an incineration or composting 850
facility, a new infectious waste treatment facility other than an 851
incineration facility, or a modification of such an existing 852
facility that includes an increase in the total disposal or 853
treatment capacity of the facility pursuant to Chapter 3734. of 854
the Revised Code shall pay a fee of ten dollars per thousand 855
20
cubic yards of disposal or treatment capacity, or one thousand 856
dollars, whichever is greater, except that the total fee for any 857
such permit shall not exceed eighty thousand dollars. A person 858
issued a modification of a permit for a solid waste disposal 859
facility or an infectious waste treatment facility that does not 860
involve an increase in the total disposal or treatment capacity 861
of the facility shall pay a fee of one thousand dollars. A 862
person issued a permit to install a new, or modify an existing, 863
solid waste transfer facility under that chapter shall pay a fee 864
of two thousand five hundred dollars. A person issued a permit 865
to install a new or to modify an existing solid waste 866
incineration or composting facility, or an existing infectious 867
waste treatment facility using incineration as its principal 868
method of treatment, under that chapter shall pay a fee of one 869
thousand dollars. The increases in the permit fees under this 870
division resulting from the amendments made by Amended Substitute 871
House Bill 592 of the 117th general assembly do not apply to any 872
person who submitted an application for a permit to install a 873
new, or modify an existing, solid waste disposal facility under 874
that chapter prior to September 1, 1987; any such person shall 875
pay the permit fee established in this division as it existed 876
prior to June 24, 1988. In addition to the applicable permit fee 877
under this division, a person issued a permit to install or 878
modify a solid waste facility or an infectious waste treatment 879
facility under that chapter who fails to pay the permit fee to 880
the director in compliance with division (V) of this section 881
shall pay an additional ten per cent of the amount of the fee for 882
each week that the permit fee is late. 883
Permit and late payment fees paid to the director under 885
this division shall be credited to the general revenue fund. 886
(R)(1) A person issued a registration certificate for a 888
scrap tire collection facility under section 3734.75 of the 889
Revised Code shall pay a fee of two hundred dollars, except that 890
if the facility is owned or operated by a motor vehicle salvage 891
21
dealer licensed under Chapter 4738. of the Revised Code, the 892
person shall pay a fee of twenty-five dollars. 893
(2) A person issued a registration certificate for a new 895
scrap tire storage facility under section 3734.76 of the Revised 896
Code shall pay a fee of three hundred dollars, except that if the 897
facility is owned or operated by a motor vehicle salvage dealer 898
licensed under Chapter 4738. of the Revised Code, the person 899
shall pay a fee of twenty-five dollars. 900
(3) A person issued a permit for a scrap tire storage 902
facility under section 3734.76 of the Revised Code shall pay a 903
fee of one thousand dollars, except that if the facility is owned 904
or operated by a motor vehicle salvage dealer licensed under 905
Chapter 4738. of the Revised Code, the person shall pay a fee of 906
fifty dollars. 907
(4) A person issued a permit for a scrap tire monocell or 909
monofill facility under section 3734.77 of the Revised Code shall 910
pay a fee of ten dollars per thousand cubic yards of disposal 911
capacity or one thousand dollars, whichever is greater, except 912
that the total fee for any such permit shall not exceed eighty 913
thousand dollars. 914
(5) A person issued a registration certificate for a scrap 916
tire recovery facility under section 3734.78 of the Revised Code 917
shall pay a fee of one hundred dollars. 918
(6) A person issued a permit for a scrap tire recovery 920
facility under section 3734.78 of the Revised Code shall pay a 921
fee of one thousand dollars. 922
(7) In addition to the applicable registration certificate 924
or permit fee under divisions (R)(1) to (6) of this section, a 925
person issued a registration certificate or permit for any such 926
scrap tire facility who fails to pay the registration certificate 927
or permit fee to the director in compliance with division (V) of 928
this section shall pay an additional ten per cent of the amount 929
of the fee for each week that the fee is late. 930
(8) The registration certificate, permit, and late payment 932
22
fees paid to the director under divisions (R)(1) to (7) of this 933
section shall be credited to the scrap tire management fund 934
created in section 3734.82 of the Revised Code. 935
(S)(1) Except as provided by divisions (L), (M), (N), (O), 937
(P), and (S)(2) of this section, division (A)(2) of section 938
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 939
and rules adopted under division (T)(1) of this section, any 940
person applying for a registration certificate under section 941
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 942
variance, or plan approval under Chapter 3734. of the Revised 943
Code shall pay a nonrefundable fee of fifteen dollars at the time 944
the application is submitted, and any person applying for a 945
permit, variance, or plan approval under Chapter 6109. or 6111. 946
of the Revised Code shall pay a nonrefundable fee of one hundred 947
dollars at the time the application is submitted through June 30, 948
1998, and a nonrefundable fee of fifteen dollars at the time the 950
application is submitted on and after July 1, 1998. 951
The director shall transmit all moneys collected under this 953
division (S)(1) OF THIS SECTION pursuant to Chapter 6109. of the 954
Revised Code to the treasurer of state for deposit into the 956
drinking water protection fund created in section 6109.30 of the 957
Revised Code.
The director shall transmit all moneys collected under this 959
division (S)(1) OF THIS SECTION pursuant to Chapter 6111. of the 961
Revised Code to the treasurer of state for deposit into the 962
surface water protection fund created in section 6111.038 of the 963
Revised Code.
If a registration certificate is issued under section 965
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 966
the application fee paid shall be deducted from the amount of the 967
registration certificate fee due under division (R)(1), (2), or 968
(5) of this section, as applicable. 969
(2) Division (S)(1) of this section does not apply to an 971
application for a registration certificate for a scrap tire 972
23
collection or storage facility submitted under section 3734.75 or 973
3734.76 of the Revised Code, as applicable, if the owner or 974
operator of the facility or proposed facility is a motor vehicle 975
salvage dealer licensed under Chapter 4738. of the Revised Code. 976
(T) The director may adopt, amend, and rescind rules in 978
accordance with Chapter 119. of the Revised Code that do all of 979
the following: 980
(1) Prescribe fees to be paid by applicants for and 982
holders of any license, permit, variance, plan approval, or 983
certification required or authorized by Chapter 3704., 3734., 984
6109., or 6111. of the Revised Code that are not specifically 985
established in this section. The fees shall be designed to 986
defray the cost of processing, issuing, revoking, modifying, 987
denying, and enforcing the licenses, permits, variances, plan 988
approvals, and certifications. 989
The director shall transmit all moneys collected under 991
rules adopted under division (T)(1) of this section pursuant to 992
Chapter 6109. of the Revised Code to the treasurer of state for 993
deposit into the drinking water protection fund created in 994
section 6109.30 of the Revised Code. 995
The director shall transmit all moneys collected under 997
rules adopted under division (T)(1) of this section pursuant to 998
Chapter 6111. of the Revised Code to the treasurer of state for 999
deposit into the surface water protection fund created in section 1,000
6111.038 of the Revised Code. 1,001
(2) Exempt the state and political subdivisions thereof, 1,003
including education facilities or medical facilities owned by the 1,004
state or a political subdivision, or any person exempted from 1,005
taxation by section 5709.07 or 5709.12 of the Revised Code, from 1,006
any fee required by this section; 1,007
(3) Provide for the waiver of any fee, or any part 1,009
thereof, otherwise required by this section whenever the director 1,010
determines that the imposition of the fee would constitute an 1,011
unreasonable cost of doing business for any applicant, class of 1,012
24
applicants, or other person subject to the fee; 1,013
(4) Prescribe measures that the director considers 1,015
necessary to carry out this section. 1,016
(U) When the director reasonably demonstrates that the 1,018
direct cost to the state associated with the issuance of a permit 1,019
to install, license, variance, plan approval, or certification 1,020
exceeds the fee for the issuance or review specified by this 1,021
section, the director may condition the issuance or review on the 1,022
payment by the person receiving the issuance or review of, in 1,023
addition to the fee specified by this section, the amount, or any 1,024
portion thereof, in excess of the fee specified under this 1,025
section. The director shall not so condition issuances for which 1,026
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 1,027
section. 1,028
(V) Except as provided in divisions (L), (M), and (P) of 1,030
this section or unless otherwise prescribed by a rule of the 1,031
director adopted pursuant to Chapter 119. of the Revised Code, 1,032
all fees required by this section are payable within thirty days 1,033
after the issuance of an invoice for the fee by the director or 1,034
the effective date of the issuance of the license, permit, 1,035
variance, plan approval, or certification. If payment is late, 1,036
the person responsible for payment of the fee shall pay an 1,037
additional ten per cent of the amount due for each month that it 1,038
is late. 1,039
(W) As used in this section, "fuel-burning equipment," 1,041
"fuel-burning equipment input capacity," "incinerator," 1,042
"incinerator input capacity," "process," "process weight rate," 1,043
"storage tank," "gasoline dispensing facility," "dry cleaning 1,044
facility," "design flow discharge," and "new source treatment 1,045
works" have the meanings ascribed to those terms by applicable 1,046
rules or standards adopted by the director under Chapter 3704. or 1,047
6111. of the Revised Code. 1,048
(X) As used in divisions (B), (C), (D), (E), (F), (H), 1,050
(I), and (J) of this section, and in any other provision of this 1,051
25
section pertaining to fees paid pursuant to Chapter 3704. of the 1,052
Revised Code: 1,053
(1) "Facility," "federal Clean Air Act," "person," and 1,055
"Title V permit" have the same meanings as in section 3704.01 of 1,056
the Revised Code. 1,057
(2) "Title V permit program" means the following 1,059
activities as necessary to meet the requirements of Title V of 1,060
the federal Clean Air Act and 40 C.F.R. part 70, including at 1,061
least: 1,062
(a) Preparing and adopting, if applicable, generally 1,064
applicable rules or guidance regarding the permit program or its 1,065
implementation or enforcement; 1,066
(b) Reviewing and acting on any application for a Title V 1,068
permit, permit revision, or permit renewal, including the 1,069
development of an applicable requirement as part of the 1,070
processing of a permit, permit revision, or permit renewal; 1,071
(c) Administering the permit program, including the 1,073
supporting and tracking of permit applications, compliance 1,074
certification, and related data entry; 1,075
(d) Determining which sources are subject to the program 1,077
and implementing and enforcing the terms of any Title V permit, 1,078
not including any court actions or other formal enforcement 1,079
actions; 1,080
(e) Emission and ambient monitoring; 1,082
(f) Modeling, analyses, or demonstrations; 1,084
(g) Preparing inventories and tracking emissions; 1,086
(h) Providing direct and indirect support to small 1,088
business stationary sources to determine and meet their 1,089
obligations under the federal Clean Air Act pursuant to the small 1,090
business stationary source technical and environmental compliance 1,091
assistance program required by section 507 of that act and 1,092
established in sections 3704.18, 3704.19, and 3706.19 of the 1,093
Revised Code. 1,094
Sec. 6103.22. All contracts under section 6103.21 of the 1,103
26
Revised Code shall provide for payment to the county or municipal 1,104
corporation owning, constructing, or agreeing to construct the 1,105
water supply improvement to be jointly used of the amount agreed 1,106
upon as the other party's share of the cost of such THE water 1,107
supply improvement. The contract shall also SHALL provide for 1,109
payment to the county or municipal corporation owning or 1,111
constructing and maintaining the same IMPROVEMENT of the amount 1,112
agreed upon for the other party's share of the cost of operating 1,114
and maintaining such THE water supply improvement, including the 1,116
cost of water, or in lieu of all other payments an agreed price 1,117
per unit for water furnished. Any such A county or municipal 1,118
corporation owning, constructing, or agreeing to construct any 1,120
such A water supply improvement and permitting the use thereof OF 1,121
IT by such other ANOTHER county or municipal corporation shall 1,123
retain full control and management of the construction, 1,124
maintenance, repair, and operation of the same IMPROVEMENT, 1,125
except when conveyed to a municipal corporation as provided in 1,126
this section. Any such contract, before going into effect, shall 1,127
be approved by the director of environmental protection. Any 1,128
A completed water supply or water-works system, as defined 1,130
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,131
of any sewer district, constructed under sections 6103.02 to 1,132
6103.30 of the Revised Code THIS CHAPTER, and any part thereof, 1,133
located within any municipal corporation or within any area which 1,135
THAT may be incorporated as a municipal corporation or annexed to 1,136
an existing municipal corporation, or which THAT provides water 1,137
for such AN area, may by mutual agreement between the board of 1,138
county commissioners and such THE municipal corporation MAY be 1,139
conveyed to such THE municipal corporation, which shall 1,140
thereafter maintain and operate such THE water supply and OR 1,142
water-works. The board may retain the right to joint use of such 1,143
THE water supply and OR water-works for the benefit of the 1,144
district. The validity of any assessment which THAT has been 1,145
levied or may thereafter be levied THEREAFTER to provide means 1,146
27
for the payment of the cost of such THE construction or 1,147
maintenance of such THE water supply or water-works or any part 1,148
thereof OF IT shall not be affected by such THE conveyance. 1,150
Sec. 6109.01. As used in this chapter: 1,159
(A) "Public water system" means a system for the provision 1,161
to the public of piped water for human consumption if the system 1,162
has at least fifteen service connections or regularly serves at 1,163
least twenty-five individuals. "Public water system" includes 1,164
any collection, treatment, storage, and distribution facilities 1,165
under control of the operator of the system and used primarily in 1,166
connection with the system, any collection or pretreatment 1,167
storage facilities not under such control which THAT are used 1,168
primarily in connection with the system, and any water supply 1,169
system serving an agricultural labor camp as defined in section 1,170
3733.41 of the Revised Code. 1,171
(B) "Contaminant" means any physical, chemical, 1,173
biological, or radiological substance or matter in water. 1,174
(C) "Person" means the state, any political subdivision, 1,176
agency, institution, or instrumentality thereof, any federal 1,177
agency, and any person as defined in section 1.59 of the Revised 1,178
Code. 1,179
(D) "Safe Drinking Water Act" means the "Safe Drinking 1,181
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), and 1,182
regulations adopted thereunder, as amended BY THE "SAFE DRINKING 1,184
WATER AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C. 300(f), THE 1,190
"SAFE DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42 1,196
U.S.C. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF 1,202
1996," 110 STAT. 1613, 42 U.S.C. 300(f), AND REGULATIONS ADOPTED 1,205
UNDER THOSE ACTS. 1,206
(E) "Community water system" means a public water system 1,208
that has at least fifteen service connections used by year-round 1,209
residents or that regularly serves at least twenty-five 1,210
year-round residents. 1,211
(F) "SMALL SYSTEM" MEANS A PUBLIC WATER SYSTEM SERVING A 1,214
28
POPULATION OF TEN THOUSAND OR FEWER INDIVIDUALS. 1,215
(G) "TECHNICAL ASSISTANCE" MEANS NONFINANCIAL ASSISTANCE 1,218
PROVIDED BY THE STATE TO PUBLIC WATER SYSTEMS AND OTHER ELIGIBLE 1,219
APPLICANTS, INCLUDING, WITHOUT LIMITATION, ASSISTANCE FOR 1,220
PLANNING AND DESIGN, DEVELOPMENT, AND IMPLEMENTATION OF SOURCE 1,221
WATER QUALITY PROTECTION PROGRAMS; LOCATING ALTERNATIVE SUPPLIES 1,222
OF DRINKING WATER; OPERATIONAL TRAINING; RESTRUCTURING OR 1,223
CONSOLIDATION OF SMALL SYSTEMS; PROVIDING TREATMENT INFORMATION 1,224
IN ORDER TO ASSIST COMPLIANCE WITH A NATIONAL PRIMARY DRINKING 1,225
WATER STANDARD; AND OTHER NONFINANCIAL ASSISTANCE AUTHORIZED BY 1,226
THE REQUIREMENTS GOVERNING THE FUNDS ESTABLISHED UNDER THIS 1,227
CHAPTER. 1,228
(H) "DISADVANTAGED COMMUNITY" MEANS THE SERVICE AREA OR 1,231
PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM THAT MEETS 1,232
AFFORDABILITY AND OTHER CRITERIA ESTABLISHED BY THE DIRECTOR OF 1,233
ENVIRONMENTAL PROTECTION IN RULES ADOPTED UNDER DIVISION (M) OF 1,234
SECTION 6109.22 OF THE REVISED CODE AND MAY INCLUDE THE SERVICE 1,237
AREA OR PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM 1,238
LOCATED IN A DISTRESSED AREA AS DEFINED IN SECTION 122.19 OF THE 1,239
REVISED CODE. 1,240
(I) "DIRECTOR OF ENVIRONMENTAL PROTECTION" OR "DIRECTOR" 1,243
INCLUDES AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR. 1,244
(J) "FEDERAL WATER POLLUTION CONTROL ACT" HAS THE SAME 1,250
MEANING AS IN SECTION 6111.01 OF THE REVISED CODE. 1,252
Sec. 6109.04. (A) The director of environmental 1,261
protection shall administer and enforce Chapter 6109. of the 1,262
Revised Code THIS CHAPTER and rules adopted thereunder UNDER IT. 1,264
(B) The director shall adopt, amend, and rescind such 1,266
rules in accordance with Chapter 119. of the Revised Code as may 1,267
be necessary or desirable to DO BOTH OF THE FOLLOWING: 1,268
(1) Govern public water systems in order to protect the 1,270
public health; 1,271
(2) Govern public water systems to protect the public 1,273
welfare, including rules governing contaminants in water which 1,274
29
THAT may adversely affect the suitability of the water for its 1,275
intended uses, or which THAT may otherwise adversely affect the 1,277
public health or welfare.
(C) The director may DO ANY OR ALL OF THE FOLLOWING: 1,279
(1) Adopt, amend, and rescind such rules in accordance 1,281
with Chapter 119. of the Revised Code as may be necessary or 1,282
desirable to DO ANY OR ALL OF THE FOLLOWING: 1,283
(a) Govern the granting of variances and exemptions from 1,285
rules adopted under this chapter, subject to requirements of the 1,286
Safe Drinking Water Act; 1,287
(b) Govern the certification of operators of public water 1,289
systems, including establishment of qualifications according to a 1,290
classification of public water systems, and OF provisions for 1,291
examination, grounds for revocation, reciprocity with other 1,292
states, RENEWAL OF CERTIFICATION, and other provisions necessary 1,293
or desirable for assurance of proper operation of water systems; 1,295
(c) Carry out the powers and duties of the director under 1,297
Chapter 6109. of the Revised Code THIS CHAPTER. 1,298
(2) Provide a program for the general supervision of 1,300
operation and maintenance of public water systems; 1,301
(3) Maintain an inventory of public water systems; 1,303
(4) Adopt and implement a program for conducting sanitary 1,305
surveys of public water systems; 1,306
(5) Establish and maintain a system of record keeping and 1,308
reporting of activities of the environmental protection agency 1,309
under Chapter 6109. of the Revised Code THIS CHAPTER; 1,310
(6) Establish and maintain a program for the certification 1,312
of laboratories conducting analyses of drinking water; 1,313
(7) Issue, modify, and revoke orders as necessary to carry 1,315
out the director's powers and duties under Chapter 6109. of the 1,316
Revised Code THIS CHAPTER and primary enforcement responsibility 1,317
for public water systems under the "Safe Drinking Water Act"." 1,319
Orders issued under Chapter 6109. of the Revised Code THIS 1,321
CHAPTER are subject to Chapter 119. of the Revised Code. 1,323
30
(C)(D) Before adopting, amending, or rescinding a rule 1,325
authorized by Chapter 6109. of the Revised Code THIS CHAPTER, the 1,327
director shall DO ALL OF THE FOLLOWING:
(1) Mail notice to each statewide organization that he THE 1,329
DIRECTOR determines represents persons who would be affected by 1,330
the proposed rule, amendment, or repeal RESCISSION at least 1,331
thirty-five days before any public hearing thereon; 1,333
(2) Mail a copy of each proposed rule, amendment, or 1,335
repeal RESCISSION to any person who requests a copy, within five 1,336
days after receipt of the request; 1,338
(3) Consult with appropriate state and local government 1,340
agencies or their representatives, including statewide 1,341
organizations of local government officials, industrial 1,342
representatives, and other interested persons. Although 1,343
ALTHOUGH the director is expected to discharge these duties 1,345
diligently, failure to mail any such notice or copy, or to 1,346
consult with any person does not invalidate any proceeding or 1,347
action of the director. 1,348
Sec. 6109.07. (A) No person shall begin construction or 1,357
installation of a public water system, or make a substantial 1,358
change in a public water system, until plans therefor have been 1,359
approved by the director of environmental protection under 1,360
division (A)(1) or (2) of this section. 1,361
(1) Upon receipt of a proper application, the director 1,363
shall consider the need for compliance with requirements of the 1,364
Safe Drinking Water Act, and generally accepted standards for the 1,365
construction and equipping of water systems, and shall issue an 1,366
order approving or disapproving the plans. In granting an 1,367
approval, the director may stipulate conditions designed to 1,368
ensure that the system will be able to meet the requirements of 1,369
Chapter 6109. of the Revised Code THIS CHAPTER and rules adopted 1,370
under it. 1,371
(2) The director may enter into an agreement with a 1,373
political subdivision OR INVESTOR-OWNED PUBLIC UTILITY that owns 1,374
31
or operates a public water system and that intends to extend the 1,376
distribution facilities of its system, to increase the number of 1,377
service connections to its system, or to add distribution system 1,378
pump stations or storage tanks in the distribution system, which 1,379
agreement authorizes a qualified officer or employee of the 1,380
political subdivision OR INVESTOR-OWNED PUBLIC UTILITY, as 1,381
determined by the director, to review plans for the extension of 1,383
the distribution facilities, the increase in the number of 1,384
service connections, or the addition of distribution system pump 1,385
stations or storage tanks in the distribution system for 1,386
compliance with this chapter and the rules adopted under it and 1,387
to certify to the director whether the plans comply with this 1,388
chapter and the rules adopted under it. If, pursuant to such an 1,389
agreement, the official or employee of the political subdivision 1,390
OR INVESTOR-OWNED PUBLIC UTILITY designated in the agreement 1,391
certifies to the director that the plans comply with this chapter 1,392
and the rules adopted under it and if the plans and certification 1,393
are accompanied by the applicable amount of the AN ADMINISTRATIVE 1,394
SERVICE fee calculated in accordance with division (E) (N)(2) of 1,395
section 3745.11 of the Revised Code, the director shall approve 1,396
the plans without further review by issuance of an order as a 1,397
final action. 1,398
AS USED IN DIVISION (A)(2) OF THIS SECTION, "INVESTOR-OWNED 1,402
PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS 1,403
A WATER-WORKS COMPANY, AS DEFINED IN SECTION 4905.03 OF THE 1,404
REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL 1,406
CORPORATION OR OPERATED NOT-FOR-PROFIT.
(B) No person shall construct or install a public water 1,408
system, or make any substantial change in a public water system, 1,409
that is not in accordance with plans approved by the director. 1,410
(C) No person shall operate a public water system, and no 1,412
person who is an owner of a public water system shall permit its 1,413
operation, if the person knows or has reason to know that the 1,414
system was constructed or installed, or that a substantial change 1,415
32
was made in the system, in violation of division (A) or (B) of 1,416
this section, unless the person has obtained written 1,417
authorization from the director to operate the system pursuant to 1,418
division (D) of this section. 1,419
(D) The director may issue a notice by certified mail to 1,421
the operator or owner of a public water system that was 1,422
constructed, installed, or changed in violation of this section, 1,423
informing the operator or owner of the violation. The director 1,424
may issue an order authorizing the operator or owner to operate 1,425
for ninety days, and he THE DIRECTOR may by order extend BY ORDER 1,427
the authorization for periods as may be necessary to allow the
owner or operator to submit plans, obtain their approval, and 1,429
make such changes in the system as may be necessary to bring the 1,430
system into compliance with the approved plans. 1,431
Sec. 6109.22. (A) THERE IS HEREBY CREATED THE DRINKING 1,434
WATER ASSISTANCE FUND TO PROVIDE FINANCIAL AND TECHNICAL 1,435
ASSISTANCE FOR THE PURPOSES OF PROTECTING PUBLIC HEALTH AND 1,436
ACHIEVING AND MAINTAINING COMPLIANCE WITH THE SAFE DRINKING WATER 1,439
ACT AND THIS CHAPTER. IN ADDITION TO THE ACCOUNTS CREATED UNDER 1,441
DIVISIONS (G) AND (H) OF THIS SECTION, THE DRINKING WATER 1,444
ASSISTANCE FUND MAY INCLUDE ANY OTHER ACCOUNTS ESTABLISHED BY THE 1,445
DIRECTOR OF ENVIRONMENTAL PROTECTION. THE FUND SHALL BE 1,446
ADMINISTERED BY THE DIRECTOR CONSISTENT WITH THE SAFE DRINKING 1,449
WATER ACT, THIS SECTION, AND RULES ADOPTED UNDER DIVISION (M) OF 1,451
THIS SECTION. 1,452
(B) THE DRINKING WATER ASSISTANCE FUND SHALL CONSIST OF 1,455
THE MONEYS CREDITED TO IT FROM ALL CAPITALIZATION GRANTS RECEIVED 1,456
UNDER THE SAFE DRINKING WATER ACT EXCEPT FOR MONEYS RESERVED BY 1,461
THE GOVERNOR PURSUANT TO TITLE III, SECTION 302 OF THAT ACT, ALL 1,462
MONEYS CREDITED TO THE FUND FROM NONFEDERAL SOURCES, INCLUDING, 1,463
WITHOUT LIMITATION, THE PROCEEDS OF STATE BONDS OR NOTES ISSUED 1,464
FOR THE BENEFIT OF THE FUND, ALL PAYMENTS OF PRINCIPAL AND 1,465
INTEREST ON LOANS MADE FROM THE FUND, AND ALL INVESTMENT EARNINGS 1,466
ON MONEYS HELD IN THE FUND. ON OR BEFORE THE DATE THAT A 1,467
33
CAPITALIZATION GRANT PAYMENT MADE UNDER THE AUTHORITY OF THE SAFE 1,469
DRINKING WATER ACT IS CREDITED TO THE FUND, REQUIRED MATCHING 1,473
MONEYS SHALL BE CREDITED TO THE FUND. ANY MONEYS TRANSFERRED TO 1,474
OR RESERVED FROM THE DRINKING WATER ASSISTANCE FUND PURSUANT TO 1,475
TITLE III, SECTION 302 OF THE SAFE DRINKING WATER ACT SHALL BE 1,480
ACCOUNTED FOR SEPARATELY. 1,481
(C) IN A MANNER CONSISTENT WITH THE SAFE DRINKING WATER 1,485
ACT AND THE APPLICABLE DRINKING WATER ASSISTANCE MANAGEMENT PLAN 1,486
PREPARED IN ACCORDANCE WITH THIS SECTION, THE DIRECTOR MAY 1,488
RESERVE AND AWARD FOR ASSISTANCE MONEYS ALLOTTED TO THE STATE 1,489
UNDER SECTION 1452 OF THE SAFE DRINKING WATER ACT, PROVIDED THAT 1,493
THE DIRECTOR MAKES A DETERMINATION THAT THE USE OF THE MONEYS 1,494
WILL ACCOMPLISH THE STATE'S OBJECTIVES AND THE OBJECTIVES 1,495
ESTABLISHED FOR CAPITALIZATION GRANTS UNDER THE SAFE DRINKING 1,499
WATER ACT. THE DIRECTOR MAY USE A PORTION OF THE RESERVED MONEYS 1,500
TO ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS, INCLUDING 1,502
PRIVATE NONPROFIT ORGANIZATIONS, TO PROVIDE STATEWIDE ON-SITE 1,503
TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS. 1,504
(D) SUBJECT TO THE TERMS OF THE AGREEMENTS PROVIDED FOR IN 1,507
DIVISION (E) OF THIS SECTION, MONEYS IN THE DRINKING WATER 1,509
ASSISTANCE FUND SHALL BE HELD IN TRUST BY THE OHIO WATER 1,510
DEVELOPMENT AUTHORITY FOR THE PURPOSES OF THIS SECTION, SHALL BE 1,511
KEPT IN THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE KEPT 1,512
UNDER SECTION 6121.11 OF THE REVISED CODE, AND MAY BE INVESTED IN 1,514
THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE INVESTED UNDER 1,515
SECTION 6121.12 OF THE REVISED CODE. MONEYS IN THE DRINKING 1,517
WATER ASSISTANCE FUND SHALL BE SEPARATE AND APART FROM AND NOT A 1,518
PART OF THE STATE TREASURY OR OF THE OTHER FUNDS OF THE 1,519
AUTHORITY. NO WITHDRAWALS OR DISBURSEMENTS SHALL BE MADE FROM 1,520
THE DRINKING WATER ASSISTANCE FUND WITHOUT THE WRITTEN 1,521
AUTHORIZATION OF THE DIRECTOR. 1,522
(E) THE DIRECTOR SHALL ADOPT WRITTEN CRITERIA TO ENSURE 1,524
THAT FISCAL CONTROLS ARE ESTABLISHED FOR PRUDENT ADMINISTRATION 1,526
OF THE DRINKING WATER ASSISTANCE FUND. FOR THAT PURPOSE, THE 1,527
34
DIRECTOR AND THE AUTHORITY SHALL ENTER INTO ANY NECESSARY AND 1,528
APPROPRIATE AGREEMENTS UNDER WHICH THE AUTHORITY MAY PERFORM OR 1,529
PROVIDE ANY OF THE FOLLOWING:
(1) FISCAL CONTROLS AND ACCOUNTING PROCEDURES GOVERNING 1,531
FUND BALANCES, RECEIPTS, AND DISBURSEMENTS; 1,532
(2) ADMINISTRATION OF LOAN ACCOUNTS; 1,534
(3) MAINTENANCE, MANAGEMENT, AND INVESTMENT OF MONEYS IN 1,536
THE FUND. 1,537
ANY AGREEMENT ENTERED INTO UNDER DIVISION (E) OF THIS 1,540
SECTION SHALL PROVIDE FOR THE PAYMENT OF REASONABLE FEES TO THE 1,541
AUTHORITY FOR ANY SERVICES IT PERFORMS UNDER THE AGREEMENT AND 1,542
MAY PROVIDE FOR REASONABLE FEES FOR THE ASSISTANCE OF FINANCIAL 1,543
OR ACCOUNTING ADVISORS. PAYMENT OF ANY OF THE FEES TO THE 1,544
AUTHORITY MAY BE MADE FROM THE DRINKING WATER ASSISTANCE 1,545
ADMINISTRATIVE ACCOUNT ESTABLISHED UNDER DIVISION (G) OF THIS 1,547
SECTION.
(F) THE AUTHORITY MAY MAKE MONEYS AVAILABLE TO THE 1,550
DIRECTOR FOR THE PURPOSE OF PROVIDING MATCHING MONEYS REQUIRED TO 1,551
BE CREDITED TO THE DRINKING WATER ASSISTANCE FUND UNDER DIVISION 1,552
(B) OF THIS SECTION, SUBJECT TO ANY TERMS THAT THE DIRECTOR AND 1,554
THE AUTHORITY CONSIDER APPROPRIATE, AND MAY PLEDGE MONEYS THAT 1,555
ARE HELD BY THE AUTHORITY TO SECURE THE PAYMENT OF BONDS OR NOTES 1,556
ISSUED BY THE AUTHORITY TO PROVIDE THOSE MATCHING MONEYS. 1,557
THE DIRECTOR AND THE AUTHORITY MAY ENTER INTO TRUST 1,559
AGREEMENTS TO ENABLE THE AUTHORITY TO ISSUE AND REFUND BONDS OR 1,560
NOTES FOR THE SOLE BENEFIT OF THE DRINKING WATER ASSISTANCE FUND, 1,562
INCLUDING, WITHOUT LIMITATION, THE RAISING OF MATCHING MONEYS 1,563
REQUIRED TO BE CREDITED TO THE FUND IN ACCORDANCE WITH DIVISION 1,564
(B) OF THIS SECTION. THE AGREEMENTS MAY AUTHORIZE THE PLEDGE OF 1,565
MONEYS ACCRUING TO THE FUND FROM PAYMENTS OF PRINCIPAL OR 1,566
INTEREST OR BOTH ON LOANS MADE FROM THE FUND TO SECURE BONDS OR 1,567
NOTES, THE PROCEEDS OF WHICH BONDS OR NOTES SHALL BE FOR THE SOLE 1,568
BENEFIT OF THE DRINKING WATER ASSISTANCE FUND. THE AGREEMENTS 1,569
MAY CONTAIN ANY TERMS THAT THE DIRECTOR AND THE AUTHORITY 1,570
35
CONSIDER REASONABLE AND PROPER FOR THE PAYMENT AND SECURITY OF 1,571
THE BONDHOLDERS OR NOTEHOLDERS. 1,572
(G) THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER 1,575
ASSISTANCE FUND THE DRINKING WATER ASSISTANCE ADMINISTRATIVE 1,576
ACCOUNT. NO STATE MATCHING MONEYS DEPOSITED INTO THE FUND UNDER 1,578
THIS SECTION SHALL BE USED FOR THE PURPOSE OF PAYING FOR OR 1,579
DEFRAYING THE COSTS OF ADMINISTERING THIS SECTION. THE DIRECTOR
MAY ESTABLISH AND COLLECT FEES FROM APPLICANTS FOR ASSISTANCE 1,580
PROVIDED UNDER THIS SECTION. ALL MONEYS FROM THE FEES SHALL BE 1,581
CREDITED TO THE DRINKING WATER ASSISTANCE ADMINISTRATIVE ACCOUNT 1,582
IN THE FUND. THE MONEYS SHALL BE USED SOLELY TO DEFRAY THE COSTS 1,583
OF ADMINISTRATING THIS SECTION.
(H) THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER 1,586
ASSISTANCE FUND THE WATER SUPPLY REVOLVING LOAN ACCOUNT. THE 1,587
DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE WATER SUPPLY 1,588
REVOLVING LOAN ACCOUNT FOR IMPROVEMENTS TO COMMUNITY WATER 1,589
SYSTEMS AND TO NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS. 1,590
(I) ALL MONEYS FROM THE FUND CREDITED TO THE WATER SUPPLY 1,593
REVOLVING LOAN ACCOUNT, ALL INTEREST EARNED ON MONEYS CREDITED TO 1,594
THE ACCOUNT, AND ALL PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS 1,595
MADE FROM THE ACCOUNT SHALL BE DEDICATED IN PERPETUITY AND USED 1,596
AND REUSED SOLELY FOR THE FOLLOWING PURPOSES, EXCEPT AS OTHERWISE 1,597
PROVIDED IN THIS SECTION: 1,598
(1) TO MAKE LOANS TO COMMUNITY WATER SYSTEMS AND NONPROFIT 1,601
NONCOMMUNITY PUBLIC WATER SYSTEMS, SUBJECT TO ALL OF THE 1,602
FOLLOWING CONDITIONS:
(a) THE LOANS ARE MADE AT OR BELOW MARKET RATES OF 1,604
INTEREST, INCLUDING, WITHOUT LIMITATION, INTEREST-FREE LOANS; 1,606
(b) EACH RECIPIENT OF A LOAN SHALL ESTABLISH A DEDICATED 1,609
SOURCE OF SECURITY OR REVENUE FOR REPAYMENT OF THE LOAN; 1,610
(c) ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THE LOANS 1,613
SHALL BE CREDITED TO THE WATER SUPPLY REVOLVING LOAN ACCOUNT. 1,614
(2) TO PURCHASE OR REFINANCE AT OR BELOW MARKET RATES 1,616
INTEREST DEBT OBLIGATIONS INCURRED AFTER JULY 1, 1993, BY 1,618
36
MUNICIPAL CORPORATIONS, OTHER POLITICAL SUBDIVISIONS, AND 1,619
INTERSTATE AGENCIES HAVING TERRITORY IN THE STATE; 1,620
(3) TO GUARANTEE OR PURCHASE INSURANCE FOR DEBT 1,622
OBLIGATIONS WHEN THE GUARANTEE OR INSURANCE WOULD IMPROVE THE 1,623
BORROWER'S ACCESS TO CREDIT MARKETS OR WOULD REDUCE THE INTEREST 1,624
PAID ON THOSE OBLIGATIONS; 1,625
(4) AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT OF 1,628
PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OR REVENUE BONDS OR 1,629
NOTES ISSUED BY THIS STATE IF THE PROCEEDS OF THE SALE OF THE 1,630
BONDS OR NOTES ARE OR WILL BE DEPOSITED INTO THE ACCOUNT; 1,631
(5) TO PROVIDE SUBSIDIES IN ADDITION TO ANY OTHER 1,633
FINANCIAL ASSISTANCE AFFORDED DISADVANTAGED COMMUNITIES UNDER 1,634
THIS SECTION; 1,635
(6) TO EARN INTEREST ON MONEYS CREDITED TO THE ACCOUNT; 1,638
(7) TO PROVIDE ANY OTHER ASSISTANCE AUTHORIZED BY THE SAFE 1,641
DRINKING WATER ACT. 1,644
(J) THE DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE 1,647
WATER SUPPLY REVOLVING LOAN ACCOUNT AFTER DETERMINING ALL OF THE 1,648
FOLLOWING:
(1) THE APPLICANT FOR FINANCIAL ASSISTANCE HAS THE LEGAL, 1,650
INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO CONSTRUCT, 1,652
OPERATE, AND MAINTAIN ITS PUBLIC WATER SYSTEM AND THE PROPOSED 1,653
IMPROVEMENTS TO IT;
(2) THE APPLICANT WILL IMPLEMENT A FINANCIAL MANAGEMENT 1,655
PLAN THAT INCLUDES, WITHOUT LIMITATION, PROVISIONS FOR 1,656
SATISFACTORY REPAYMENT OF THE FINANCIAL ASSISTANCE; 1,657
(3) THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT FOR WHICH 1,660
ASSISTANCE IS PROPOSED IS A PART IS ECONOMICALLY AND
NONMONETARILY COST-EFFECTIVE, BASED ON AN EVALUATION OF FEASIBLE 1,661
ALTERNATIVES THAT MEET THE DRINKING WATER TREATMENT NEEDS OF THE 1,662
PLANNING AREA IN WHICH THE PROPOSED PROJECT IS LOCATED; 1,663
(4) BASED ON A COMPREHENSIVE ENVIRONMENTAL REVIEW APPROVED 1,666
BY THE DIRECTOR, THERE ARE NO SIGNIFICANT ADVERSE ENVIRONMENTAL 1,667
EFFECTS RESULTING FROM ALL NECESSARY IMPROVEMENTS TO THE PUBLIC 1,668
37
WATER SYSTEM OF WHICH THE PROJECT PROPOSED FOR ASSISTANCE IS A 1,669
PART;
(5) PUBLIC PARTICIPATION HAS OCCURRED DURING THE PROCESS 1,671
OF PLANNING THE PROJECT IN COMPLIANCE WITH APPLICABLE 1,672
REQUIREMENTS UNDER THE SAFE DRINKING WATER ACT; 1,676
(6) THE APPLICATION MEETS THE REQUIREMENTS OF THIS SECTION 1,679
AND RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION AND IS 1,680
CONSISTENT WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT AND 1,685
REGULATIONS ADOPTED UNDER IT; 1,686
(7) IF THE APPLICANT FOR ASSISTANCE IS A WATER DISTRICT 1,689
FORMED UNDER CHAPTER 6119. OF THE REVISED CODE THAT OPERATES A 1,692
PUBLIC WATER SYSTEM AND THAT WATER DISTRICT SEEKS TO EXTEND THE 1,693
DISTRIBUTION FACILITIES, INCREASE THE NUMBER OF SERVICE 1,694
CONNECTIONS TO ITS SYSTEM, OR PROVIDE FOR ANY OTHER EXPANSION OF 1,695
ITS SYSTEM, THE WATER DISTRICT HAS CONSULTED WITH THE BOARD OF 1,696
COUNTY COMMISSIONERS FROM EACH COUNTY IN WHICH IS LOCATED THE 1,697
PROPOSED EXTENSION OF DISTRIBUTION FACILITIES, INCREASE IN THE 1,698
NUMBER OF SERVICE CONNECTIONS, OR OTHER EXPANSION OF THE PUBLIC 1,699
WATER SYSTEM; 1,700
(8) THE APPLICATION MEETS ANY OTHER REQUIREMENTS THAT THE 1,702
DIRECTOR CONSIDERS NECESSARY OR APPROPRIATE TO PROTECT PUBLIC 1,703
HEALTH AND THE ENVIRONMENT AND TO ENSURE THE FINANCIAL INTEGRITY 1,704
OF THE WATER SUPPLY REVOLVING LOAN ACCOUNT. 1,705
UPON APPROVAL BY THE DIRECTOR OF AN APPLICATION FOR 1,707
FINANCIAL ASSISTANCE, THE OHIO WATER DEVELOPMENT AUTHORITY SHALL 1,709
DISBURSE THE APPROPRIATE FINANCIAL ASSISTANCE FROM THE WATER 1,710
SUPPLY REVOLVING LOAN ACCOUNT. IF THE PROPOSED FINANCIAL 1,711
ASSISTANCE IS A LOAN, AND IF THE PAYMENTS OF THE PRINCIPAL OR 1,712
INTEREST ON THE LOAN ARE OR ARE EXPECTED TO BE PLEDGED TO SECURE 1,713
PAYMENT OF BONDS ISSUED OR EXPECTED TO BE ISSUED BY THE 1,714
AUTHORITY, THE DIRECTOR SHALL SUBMIT THE APPLICATION FOR THE LOAN 1,715
TO THE AUTHORITY FOR REVIEW AND APPROVAL WITH RESPECT TO ANY 1,716
MATTERS PERTAINING TO SECURITY FOR AND THE MARKETABILITY OF 1,717
AUTHORITY BONDS. REVIEW AND APPROVAL BY THE AUTHORITY SHALL BE 1,718
38
REQUIRED PRIOR TO THE MAKING OF SUCH A LOAN. 1,719
(K) IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (M) OF 1,723
THIS SECTION, THE DIRECTOR PERIODICALLY SHALL PREPARE A DRINKING 1,724
WATER ASSISTANCE MANAGEMENT PLAN ESTABLISHING THE SHORT-TERM AND 1,725
LONG-TERM GOALS FOR THE ASSISTANCE PROVIDED UNDER THIS SECTION, 1,726
THE ALLOCATION OF AVAILABLE RESOURCES FOR THE PURPOSES OF THIS 1,727
SECTION, THE ENVIRONMENTAL, FINANCIAL, AND ADMINISTRATIVE TERMS, 1,728
CONDITIONS, AND CRITERIA FOR THE AWARD OF FINANCIAL AND TECHNICAL 1,729
ASSISTANCE UNDER THIS SECTION, AND THE INTENDED USES OF 1,730
CAPITALIZATION GRANTS AND AVAILABLE MONEYS FROM THE DRINKING 1,731
WATER ASSISTANCE FUND. CRITERIA FOR AWARDING FINANCIAL OR 1,732
TECHNICAL ASSISTANCE UNDER THIS SECTION SHALL NOT FAVOR OR 1,733
DISFAVOR ANY NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEM MERELY 1,734
BECAUSE IT IS OWNED BY, OPERATED BY, OR SERVICES A RELIGIOUS 1,735
ORGANIZATION OR A FACILITY USED FOR RELIGIOUS PURPOSES. PRIOR TO 1,736
ITS ADOPTION, THE DIRECTOR SHALL MAKE THE DRINKING WATER 1,738
ASSISTANCE MANAGEMENT PLAN AVAILABLE FOR PUBLIC REVIEW AND 1,740
COMMENT AT A MINIMUM OF TWO PUBLIC MEETINGS AND SHALL TAKE 1,741
ADEQUATE STEPS TO ENSURE THAT REASONABLE PUBLIC NOTICE OF EACH 1,742
PUBLIC MEETING IS GIVEN AT LEAST THIRTY DAYS PRIOR TO THE 1,743
MEETING.
THE PLAN SHALL INCLUDE, WITHOUT LIMITATION, A SYSTEM THAT 1,745
PRIORITIZES PROJECTS FUNDED BY THE WATER SUPPLY REVOLVING LOAN 1,746
ACCOUNT BASED ON THE RELATIVE RISK TO HUMAN HEALTH BEING 1,747
ADDRESSED, THEIR NECESSITY FOR ENSURING COMPLIANCE WITH 1,748
REQUIREMENTS OF THE SAFE DRINKING WATER ACT, AND THEIR 1,752
AFFORDABILITY TO THE APPLICANTS, AS DETERMINED BY THE DIRECTOR. 1,753
FINANCIAL ASSISTANCE FOR PROJECTS FROM THE WATER SUPPLY REVOLVING 1,754
LOAN ACCOUNT SHALL BE LIMITED TO PROJECTS THAT ARE INCLUDED IN 1,755
THAT PRIORITIZATION AND SHALL BE AWARDED BASED UPON THEIR 1,756
PRIORITY POSITION AND THE APPLICANTS' READINESS TO PROCEED WITH 1,757
THEIR PROPOSED ACTIVITIES AS DETERMINED BY THE DIRECTOR. THE 1,758
DRINKING WATER ASSISTANCE MANAGEMENT PLAN SHALL INCLUDE TERMS, 1,759
CONDITIONS, AMOUNTS OF MONEYS, AND QUALIFYING CRITERIA, IN 1,760
39
ADDITION TO ANY OTHER CRITERIA ESTABLISHED UNDER THIS SECTION, 1,761
GOVERNING THE FINANCIAL ASSISTANCE TO BE AWARDED TO APPLICANTS 1,762
FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT. THE DIRECTOR SHALL 1,763
DETERMINE THE MOST EFFECTIVE USE OF THE MONEYS IN THAT ACCOUNT TO 1,765
ACHIEVE THE STATE'S DRINKING WATER ASSISTANCE GOALS AND
OBJECTIVES. 1,766
(L) THE DIRECTOR, CONSISTENT WITH THIS SECTION AND 1,769
APPLICABLE RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION, MAY 1,771
ENTER INTO AN AGREEMENT WITH AN APPLICANT FOR ASSISTANCE FROM THE 1,772
DRINKING WATER ASSISTANCE FUND. BASED ON THE DIRECTOR'S REVIEW 1,773
AND APPROVAL OF THE PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 1,774
OF THE REVISED CODE, ANY DETERMINATIONS MADE UNDER DIVISION (J) 1,777
OF THIS SECTION IF AN APPLICANT SEEKS FUNDING FROM THE WATER 1,778
SUPPLY REVOLVING LOAN ACCOUNT, AND ANY OTHER REQUIREMENTS OF THIS 1,779
SECTION AND RULES ADOPTED UNDER IT, THE DIRECTOR MAY ESTABLISH IN 1,781
THE AGREEMENT ENVIRONMENTAL AND FINANCIAL TERMS AND CONDITIONS OF 1,782
THE FINANCIAL ASSISTANCE TO BE OFFERED TO THE APPLICANT. IF THE 1,783
RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS SECTION DEFAULTS ON 1,784
ANY PAYMENT REQUIRED IN THE AGREEMENT FOR FINANCIAL ASSISTANCE OR 1,785
OTHERWISE VIOLATES A TERM OR CONDITION OF THE AGREEMENT OR OF THE 1,786
PLAN APPROVAL FOR THE PROJECT UNDER SECTION 6109.07 OF THE 1,787
REVISED CODE, THE DIRECTOR, IN ADDITION TO ANY OTHER AVAILABLE 1,789
REMEDIES, MAY TERMINATE, SUSPEND, OR REQUIRE IMMEDIATE REPAYMENT 1,790
OF THE FINANCIAL ASSISTANCE. THE DIRECTOR ALSO MAY TAKE ANY 1,791
ENFORCEMENT ACTION AVAILABLE UNDER THIS CHAPTER. 1,792
(M) THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 1,795
CHAPTER 119. OF THE REVISED CODE FOR THE IMPLEMENTATION AND 1,797
ADMINISTRATION OF THIS SECTION. THE RULES SHALL BE CONSISTENT 1,798
WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT. 1,802
(N)(1) FOR THE PURPOSES OF THIS SECTION, APPEALABLE 1,805
ACTIONS OF THE DIRECTOR PURSUANT TO SECTION 3745.04 OF THE 1,806
REVISED CODE ARE LIMITED TO THE FOLLOWING: 1,808
(a) ADOPTION OF THE DRINKING WATER ASSISTANCE MANAGEMENT 1,811
PLAN PREPARED UNDER DIVISION (K) OF THIS SECTION; 1,812
40
(b) APPROVAL OF PRIORITY SYSTEMS, PRIORITY LISTS, AND 1,815
WRITTEN PROGRAM ADMINISTRATION POLICIES;
(c) APPROVAL OR DISAPPROVAL UNDER THIS SECTION OF 1,817
APPLICANTS' PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 OF THE 1,818
REVISED CODE; 1,820
(d) APPROVAL OR DISAPPROVAL OF AN APPLICATION FOR 1,823
ASSISTANCE.
(2) NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, 1,827
THE DIRECTOR MAY TAKE THE FINAL ACTIONS DESCRIBED IN DIVISIONS 1,829
(N)(1)(a) TO (d) OF THIS SECTION WITHOUT HOLDING AN ADJUDICATION 1,831
HEARING IN CONNECTION WITH THE ACTION AND WITHOUT FIRST ISSUING A 1,832
PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED CODE. 1,834
(3) EACH ACTION DESCRIBED IN DIVISIONS (N)(1)(a) TO (d) OF 1,838
THIS SECTION AND EACH APPROVAL OF A PLAN UNDER SECTION 6109.07 OF 1,839
THE REVISED CODE IS A SEPARATE AND DISCRETE ACTION OF THE 1,842
DIRECTOR. APPEALS ARE LIMITED TO THE ISSUES CONCERNING THE 1,843
SPECIFIC ACTION APPEALED. ANY APPEAL SHALL NOT INCLUDE ISSUES 1,844
DETERMINED UNDER THE SCOPE OF ANY PRIOR ACTION. 1,845
(O) THE FAILURE OR INABILITY OF A PUBLIC WATER SYSTEM TO 1,848
OBTAIN ASSISTANCE UNDER THIS SECTION DOES NOT ALTER THE 1,849
OBLIGATION OF THE PUBLIC WATER SYSTEM TO COMPLY WITH ALL 1,850
APPLICABLE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER 1,851
IT.
Sec. 6109.23. TO THE EXTENT REQUIRED BY THE SAFE DRINKING 1,856
WATER ACT, THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ADOPT, 1,859
AMEND, AND RESCIND RULES PURSUANT TO SECTION 6109.04 OF THE 1,861
REVISED CODE PROVIDING FOR THE ADMINISTRATIVE ASSESSMENT AND 1,863
COLLECTION OF MONETARY PENALTIES FOR FAILURE TO COMPLY WITH THIS 1,865
CHAPTER OR RULES ADOPTED UNDER IT. FOR PUBLIC WATER SYSTEMS
SERVING POPULATIONS OF MORE THAN TEN THOUSAND, A MONETARY PENALTY 1,866
ASSESSED UNDER THIS SECTION SHALL BE NOT LESS THAN ONE THOUSAND 1,867
DOLLARS FOR EACH DAY OF EACH VIOLATION, BUT IN NO CASE SHALL THE 1,868
TOTAL AMOUNT OF MONETARY PENALTY EXCEED TEN THOUSAND DOLLARS PER 1,869
VIOLATION. FOR PUBLIC WATER SYSTEMS SERVING POPULATIONS OF TEN 1,871
41
THOUSAND OR FEWER, THE RULES ADOPTED UNDER THIS SECTION SHALL 1,872
ESTABLISH A METHODOLOGY FOR CALCULATING THE MONETARY PENALTY 1,873
BASED ON THE SIZE OF THE SYSTEM, THE THREAT TO PUBLIC HEALTH 1,874
PRESENTED BY THE FAILURE TO COMPLY, AND OTHER FACTORS THAT MAY BE 1,875
NECESSARY TO ENSURE COMPLIANCE WITH THIS CHAPTER AND RULES 1,876
ADOPTED UNDER IT, BUT IN NO CASE SHALL THE TOTAL AMOUNT OF 1,877
MONETARY PENALTY EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS PER 1,878
VIOLATION. FOR THE PURPOSES OF THIS SECTION, THE DIRECTOR MAY 1,880
REQUIRE THE SUBMISSION OF COMPLIANCE SCHEDULES AND RELATED
INFORMATION. 1,881
ANY ORDERS, PAYMENTS, SANCTIONS, OR OTHER REQUIREMENTS 1,884
IMPOSED PURSUANT TO RULES ADOPTED UNDER THIS SECTION ARE IN 1,885
ADDITION TO ANY OTHER ORDERS, PAYMENTS, SANCTIONS, OR 1,886
REQUIREMENTS ISSUED OR IMPOSED UNDER THIS CHAPTER AND RULES 1,887
ADOPTED UNDER IT AND SHALL NOT AFFECT ANY CIVIL OR CRIMINAL 1,888
ENFORCEMENT PROCEEDINGS BROUGHT UNDER THIS CHAPTER, RULES ADOPTED 1,889
UNDER IT, OR ANY OTHER STATE OR LOCAL LAW. MONEYS COLLECTED 1,890
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DRINKING WATER 1,891
PROTECTION FUND CREATED IN SECTION 6109.30 OF THE REVISED CODE. 1,893
Sec. 6109.24. A PUBLIC WATER SYSTEM THAT IS A COMMUNITY 1,896
WATER SYSTEM, OR THAT IS NOT A COMMUNITY WATER SYSTEM AND SERVES 1,897
A NONTRANSIENT POPULATION, AND THAT PROPOSES TO COMMENCE 1,898
PROVIDING WATER TO THE PUBLIC AFTER OCTOBER 1, 1999, SHALL 1,900
INCLUDE WITH THE SUBMISSION OF PLANS REQUIRED UNDER SECTION 1,901
6109.07 OF THE REVISED CODE DOCUMENTATION THAT DEMONSTRATES THE 1,904
TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY OF THE SYSTEM TO 1,905
COMPLY WITH THIS CHAPTER AND RULES ADOPTED UNDER IT. THE 1,906
DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL ADOPT, AND MAY AMEND 1,907
AND RESCIND, RULES PURSUANT TO SECTION 6109.04 OF THE REVISED 1,910
CODE ESTABLISHING REQUIREMENTS GOVERNING THE DEMONSTRATION OF 1,911
TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY FOR THE PURPOSES 1,912
OF THIS SECTION. 1,913
THE DIRECTOR MAY DENY APPROVAL OF PLANS SUBMITTED UNDER 1,916
SECTION 6109.07 OF THE REVISED CODE IF THE PUBLIC WATER SYSTEM 1,919
42
THAT SUBMITTED THE PLANS FAILS TO DEMONSTRATE TECHNICAL, 1,920
MANAGERIAL, AND FINANCIAL CAPABILITY IN ACCORDANCE WITH THIS 1,921
SECTION AND RULES ADOPTED UNDER IT. 1,922
Sec. 6111.14. The director of environmental protection may 1,931
enter into an agreement with a political subdivision OR 1,932
INVESTOR-OWNED PUBLIC UTILITY that owns or operates a disposal 1,933
system and that intends to extend the sewerage lines of its 1,935
disposal system or to increase the number of service connections 1,936
to its sewerage system, which agreement authorizes a qualified 1,937
official or employee of the political subdivision OR 1,938
INVESTOR-OWNED PUBLIC UTILITY, as determined by the director, to 1,939
review plans for the extension of the sewerage system or increase 1,940
in the number of service connections for compliance with this 1,941
chapter and the rules adopted under it and to certify to the 1,942
director whether the plans comply with this chapter and the rules 1,943
adopted under it. If, pursuant to such an agreement, the official 1,944
or employee of the political subdivision OR INVESTOR-OWNED PUBLIC 1,945
UTILITY designated in the agreement certifies to the director 1,947
that the plans comply with this chapter and the rules adopted 1,948
under it and if the plans and certification are accompanied by 1,949
the applicable amount of the AN ADMINISTRATIVE SERVICE fee 1,950
calculated in accordance with division (C)(2) (L)(4) of section 1,951
3745.11 of the Revised Code, the director, by final action, shall 1,952
approve the plans without further review. The director or his 1,953
THE DIRECTOR'S authorized representative may inspect the 1,955
construction or installation of an extension of a sewerage system 1,956
or additional service connections for which plans have been 1,957
approved under this section.
The approval of plans by the director pursuant to this 1,959
section constitutes the approval of the plans for the purposes of 1,960
any rules adopted under division (E) of section 6111.03 of the 1,961
Revised Code that require the approval of plans for extensions of 1,962
sewerage systems or increases in the number of service 1,963
connections to sewerage systems. 1,964
43
AS USED IN THIS SECTION, "INVESTOR-OWNED PUBLIC UTILITY" 1,966
MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS A SEWAGE 1,968
DISPOSAL SYSTEM COMPANY, AS DEFINED IN SECTION 4905.03 OF THE 1,969
REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL 1,970
CORPORATION OR OPERATED NOT-FOR-PROFIT.
Sec. 6121.01. As used in this chapter: 1,979
(A) "Beneficial use" means a use of water, including the 1,981
method of diversion, storage, transportation, treatment, and 1,982
application, that is reasonable and consistent with the public 1,983
interest in the proper utilization of water resources, including, 1,984
without limitation, domestic, agricultural, industrial, power, 1,985
municipal, navigational, fish and wildlife, and recreational 1,986
uses. 1,987
(B) "Governmental agencies" means departments, divisions, 1,989
or other units of state government, watershed districts, soil and 1,990
water conservation districts, municipal corporations, counties, 1,991
townships, and other political subdivisions, special water 1,992
districts, including county and regional sewer and water 1,993
districts, conservancy districts, sanitary districts, sewer 1,994
districts, or any other public corporation or agency having the 1,995
authority to acquire, construct, or operate waste water or water 1,996
management facilities, the United States or any agency thereof, 1,997
and any agency, commission, or authority established pursuant to 1,998
an interstate compact or agreement. 1,999
(C) "Person" means any individual, firm, partnership, 2,001
association, or corporation, or two or more or any combination 2,002
thereof. 2,003
(D) "Waters of the state" means all streams, lakes, ponds, 2,005
marshes, watercourses, waterways, wells, springs, irrigation 2,006
systems, drainage systems, and all other bodies or accumulations 2,007
of water, surface and underground, natural or artificial, which 2,008
THAT are situated wholly or partly within, or border upon, this 2,009
state, or are within its jurisdiction, except those private 2,010
waters which THAT do not combine or effect a junction with 2,011
44
natural surface or underground waters. 2,013
(E) "Water resources" means all waters of the state 2,015
occurring on the surface in natural or artificial channels, 2,016
lakes, reservoirs, or impoundments, and underground in subsurface 2,017
aquifers, which THAT are available or may be made available to 2,018
agricultural, industrial, commercial, recreational, public, and 2,019
domestic users. 2,020
(F) "Project" or "water development project" means any 2,022
EITHER of the following: 2,023
(1) Any waste water facility or water management facility, 2,025
including undivided or other interests therein, acquired or 2,026
constructed or to be acquired or constructed by the Ohio water 2,027
development authority under this chapter, or acquired or 2,028
constructed or to be acquired or constructed by a governmental 2,029
agency or person with all or a portion of the cost thereof being 2,030
paid from a loan or grant from the authority under this chapter, 2,031
including all buildings and facilities which THAT the authority 2,032
deems CONSIDERS necessary for the operation of the project, 2,033
together with all property, rights, easements, and interest which 2,035
THAT may be required for the operation of the project; 2,036
(2) Any project or activity qualifying for financial 2,038
assistance under section 6109.22, 6111.036, or 6111.037 of the 2,039
Revised Code. 2,040
(G) "Pollution" means the placing of any noxious or 2,042
deleterious substances in any waters of the state or otherwise 2,043
affecting the waters or properties of any waters of the state, 2,044
including the temperature or radioactivity thereof, in a manner 2,045
which THAT is or renders such THE waters harmful or inimical to 2,047
the public health, or to animal or aquatic life, or to the use of 2,048
such THE waters for domestic water supply, industrial, or 2,049
agricultural purposes, or recreation.
(H) "Sewage" means any substance that contains any of the 2,051
waste products or excrementitious or other discharge from the 2,052
bodies of human beings or animals, which AND THAT pollutes the 2,053
45
waters of the state, or which THAT in the absence of a waste 2,055
water facility would pollute or cause greater pollution of the 2,056
waters of the state. 2,057
(I) "Industrial waste" means any liquid, gaseous, or solid 2,059
waste substance, heat, radioactivity, or radiation, resulting 2,060
from any process of industry, manufacture, trade, or business, or 2,061
from the development, processing, or recovery of any natural 2,062
resource, together with such sewage as is present, which THAT 2,063
pollutes the waters of the state, or which THAT in the absence of 2,065
a waste water facility would pollute or cause greater pollution 2,067
of the waters of the state. 2,068
(J) "Waste water" means any water containing sewage or 2,070
industrial waste or other pollutants or contaminants derived from 2,071
the prior use of such THE water. 2,072
(K) "Waste water facilities" means facilities, property, 2,074
or the modification or replacement of property, for the purpose 2,075
of treating, neutralizing, disposing of, stabilizing, dispersing, 2,076
cooling, segregating, or holding waste water, or for the removal, 2,077
reduction, containment, alteration, storage, or disposal of 2,078
sewage or industrial waste or substances containing sewage or 2,079
industrial waste, or FOR the prevention or reduction, or 2,080
reduction of the concentration, of pollution of the waters of the 2,081
state, including, without limitation, facilities for the 2,082
withdrawal of waters of the state, facilities for the treatment 2,083
and disposal of sewage or industrial waste and the residue 2,084
thereof, facilities for the temporary or permanent impoundment of 2,085
waste water, both surface and underground, and sanitary sewers 2,086
and other systems, whether on the surface or underground, 2,087
designed to transport waste water together with the equipment and 2,088
furnishings thereof and their appurtenances and systems, whether 2,089
on the surface or underground, including force mains and pumping 2,090
facilities therefor when necessary, and facilities or 2,091
expenditures which THAT qualify as water pollution control 2,092
facilities under Section 103(C) (4) (F) of the Internal Revenue 2,093
46
Code of 1954, as amended, and regulations ADOPTED thereunder, and 2,094
further ALSO includes any property or system to be used in whole 2,096
or in part for any of the aforesaid FOREGOING purposes, whether 2,097
or not another purpose is also served, and any property or system 2,099
incidental to or which THAT has to do with or the end purpose of 2,101
which is any of the foregoing. Waste water facilities as defined 2,102
in this division for industry, commerce, distribution, or 2,103
research, including public utility companies, are hereby 2,104
determined to be those which THAT qualify as facilities for the 2,106
control of water pollution and thermal pollution related to water 2,107
under Section 13 of Article VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the 2,109
development, use, and protection of water resources, including, 2,110
without limitation, facilities for water supply, facilities for 2,111
stream flow improvement, dams, reservoirs, and other 2,112
impoundments, water transmission lines, water wells and well 2,113
fields, pumping stations and works for underground water 2,114
recharge, facilities for the management and treatment of storm 2,115
water, stream monitoring systems, facilities for the 2,116
stabilization of stream and river banks, and facilities for the 2,117
treatment of streams and rivers, including, without limitation, 2,118
facilities for the removal of oil, debris, and other solid waste 2,119
from the waters of the state and stream and river aeration 2,120
facilities. 2,121
(M) "Cost" as applied to water development project means 2,123
the cost of acquisition and construction, the cost of acquisition 2,124
of all land, rights-of-way, property rights, easements, franchise 2,125
rights, and interests required for such THAT acquisition and 2,126
construction, the cost of demolishing or removing any buildings 2,127
or structures on land so acquired, including the cost of 2,128
acquiring any lands to which such THE buildings or structures may 2,130
be moved, the cost of acquiring or constructing and equipping a 2,131
principal office and sub-offices of the authority, the cost of 2,132
diverting highways, interchange of highways, OR access roads to 2,133
47
private property, including the cost of land or easements 2,134
therefor, the cost of all machinery, furnishings, and equipment, 2,135
financing charges, interest prior to and during construction and 2,136
for no more than eighteen months after completion of 2,137
construction, engineering COSTS, expenses of research and 2,138
development with respect to waste water or water management 2,139
facilities, legal expenses, THE COST OF plans, specifications, 2,140
AND surveys, estimates of cost and revenues, working capital, 2,142
other expenses necessary or incident to determining the 2,143
feasibility or practicability of acquiring or constructing any 2,144
such project, administrative expense, and such other expense as 2,145
may be necessary or incident to the acquisition or construction 2,146
of the project, the financing of such THE acquisition or 2,147
construction including the amount authorized in the resolution of 2,148
the authority providing for the issuance of water development
revenue bonds to be paid into any special funds from the proceeds 2,149
of such THE bonds, and the financing of the placing of any such 2,151
project in operation. Any obligation, cost, or expense incurred 2,152
by any governmental agency or person for surveys, borings, 2,153
preparation of plans and specifications, and other engineering 2,154
services, or any other costs described above, in connection with 2,155
the acquisition or construction of a project may be regarded as a 2,156
part of the cost of such THE project and may be reimbursed out of 2,158
the proceeds of water development revenue bonds as authorized by 2,159
this chapter. 2,160
(N) "Owner" includes all individuals, copartnerships, 2,162
associations, corporations, or governmental agencies having any 2,163
title or interest in any property rights, easements, and 2,164
interests authorized to be acquired by this chapter. 2,165
(O) "Revenues" means all rentals and other charges for the 2,167
use or services of any water development project, any gift or 2,168
grant received with respect thereto, including, without 2,169
limitation, any moneys received by the authority pursuant to an 2,170
agreement entered into under section 6109.22, 6111.036, or 2,171
48
6111.037 of the Revised Code, any moneys received with respect to 2,173
the lease, sublease, sale, including installment sale or 2,174
conditional sale, or conditional sale, or other disposition of a 2,175
project, moneys received in repayment of and for interest on any 2,176
loan made by the authority to a person or governmental agency, 2,177
whether from the United States or a department, administration, 2,178
or agency thereof, or otherwise, proceeds of such bonds to the 2,179
extent of THAT use thereof for payment of principal of, premium 2,182
if any, or interest on the bonds is authorized by the authority, 2,183
proceeds from any insurance, condemnation, or guaranty pertaining 2,184
to a project or property mortgaged to secure bonds or pertaining 2,185
to the financing of the project, and income and profit from the 2,186
investment of the proceeds of water development revenue bonds or 2,187
of any revenues.
(P) "Public roads" includes all public highways, roads, 2,189
and streets in the state, whether maintained by the state, 2,190
county, municipal corporation, township, or other political 2,191
subdivision. 2,192
(Q) "Public utility facilities" includes tracks, pipes, 2,194
mains, conduits, cables, wires, towers, poles, and other 2,195
equipment and appliances of any public utility. 2,196
(R) "Construction," unless the context indicates a 2,198
different meaning or intent, includes reconstruction, 2,199
enlargement, improvement, or providing furnishings or equipment. 2,200
(S) "Water development revenue bonds," unless the context 2,202
indicates a different meaning or intent, includes water 2,203
development revenue notes, water development revenue renewal 2,204
notes, and water development revenue refunding bonds, except that 2,205
notes issued in anticipation of the issuance of bonds shall have 2,206
a maximum maturity of five years as provided in section 6121.06 2,207
of the Revised Code and notes or renewal notes issued as the 2,208
definitive obligation may be issued maturing at such time or 2,209
times as the authority determines with a maximum maturity of 2,210
forty years from the date of issuance of the original note. 2,211
49
Sec. 6121.04. The Ohio water development authority may DO 2,220
ANY OR ALL OF THE FOLLOWING: 2,221
(A) Adopt bylaws for the regulation of its affairs and the 2,223
conduct of its business; 2,224
(B) Adopt an official seal; 2,226
(C) Maintain a principal office and suboffices at such 2,228
places within the state as THAT it designates; 2,229
(D) Sue and plead in its own name;, AND be sued and 2,231
impleaded in its own name with respect to its contracts or torts 2,233
of its members, employees, or agents acting within the scope of 2,234
their employment, or to enforce its obligations and covenants 2,235
made under sections 6121.06, 6121.08, and 6121.13 of the Revised 2,236
Code. Any such actions against the authority shall be brought in 2,237
the court of common pleas of the county in which the principal 2,238
office of the authority is located, or in the court of common 2,239
pleas of the county in which the cause of action arose, provided 2,240
such THAT THE county is located within this state, and all 2,241
summonses, exceptions, and notices of every kind shall be served 2,242
on the authority by leaving a copy thereof at the principal 2,243
office with the person in charge thereof or with the 2,244
secretary-treasurer of the authority. 2,245
(E) Make loans and grants to governmental agencies for the 2,247
acquisition or construction of water development projects by any 2,248
such governmental agency and adopt rules and procedures for 2,249
making such loans and grants; 2,250
(F) Acquire, construct, reconstruct, enlarge, improve, 2,252
furnish, equip, maintain, repair, operate, OR lease or rent to, 2,253
or contract for operation by, a governmental agency or person, 2,254
water development projects, and establish rules for the use of 2,255
such projects; 2,256
(G) Make available the use or services of any water 2,258
development project to one or more persons, one or more 2,259
governmental agencies, or any combination thereof; 2,260
(H) Issue water development revenue bonds and notes and 2,262
50
water development revenue refunding bonds of the state, payable 2,263
solely from revenues as provided in section 6121.06 of the 2,264
Revised Code, unless the bonds are refunded by refunding bonds, 2,265
for the purpose of paying any part of the cost of one or more 2,266
water development projects or parts thereof; 2,267
(I) Acquire by gift or purchase, hold, and dispose of real 2,269
and personal property in the exercise of its powers and the 2,270
performance of its duties under sections 6121.01 to 6121.22 of 2,271
the Revised Code THIS CHAPTER; 2,272
(J) Acquire, in the name of the state, by purchase or 2,274
otherwise, on such terms and in such manner as it considers 2,275
proper, or by the exercise of the right of condemnation in the 2,276
manner provided by section 6121.18 of the Revised Code, such 2,277
public or private lands, including public parks, playgrounds, or 2,278
reservations, or parts thereof or rights therein, rights-of-way, 2,279
property, rights, easements, and interests as it considers 2,280
necessary for carrying out sections 6121.01 to 6121.22 of the 2,281
Revised Code THIS CHAPTER, but excluding the acquisition by the 2,282
exercise of the right of condemnation of any waste water facility 2,284
or water management facility owned by any person or governmental 2,285
agency, and compensation shall be paid for public or private 2,286
lands so taken, except that a government-owned waste water 2,287
facility may be appropriated in accordance with section 6121.041 2,288
of the Revised Code; 2,289
(K) Adopt rules to protect augmented flow in waters of the 2,291
state, to the extent augmented by a water development project, 2,292
from depletion so it will be available for beneficial use, and to 2,293
provide standards for the withdrawal from waters of the state of 2,294
the augmented flow created by a water development project which 2,295
THAT is not returned to the waters of the state so augmented and 2,296
to establish reasonable charges therefor if considered necessary 2,297
by the authority; 2,298
(L) Make and enter into all contracts and agreements and 2,300
execute all instruments necessary or incidental to the 2,301
51
performance of its duties and the execution of its powers under 2,302
this chapter; IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: 2,304
(1) When the cost under any such contract or agreement, 2,306
other than compensation for personal services, involves an 2,307
expenditure of more than ten thousand dollars, the authority 2,308
shall make a written contract with the lowest responsive and 2,309
responsible bidder, in accordance with section 9.312 of the 2,310
Revised Code, after advertisement for not less than two 2,311
consecutive weeks in a newspaper of general circulation in 2,312
Franklin county, and in such other publications as the authority 2,313
determines, which notice shall state the general character of the 2,314
work and the general character of the materials to be furnished, 2,315
the place where plans and specifications therefor may be 2,316
examined, and the time and place of receiving bids;, provided, 2,318
that a contract or lease for the operation of a water development 2,319
project constructed and owned by the authority or an agreement 2,320
for cooperation in the acquisition or construction of a water 2,321
development project pursuant to section 6121.13 of the Revised 2,322
Code or any contract for the construction of a water development 2,323
project that is to be leased by the authority to, and operated 2,324
by, persons who are not governmental agencies and the cost of 2,325
such THE project is to be amortized exclusively from rentals or 2,326
other charges paid to the authority by persons who are not 2,328
governmental agencies is not subject to the foregoing 2,329
requirements and the authority may enter into such A contract or 2,330
lease or such AN agreement pursuant to negotiation and upon such 2,332
terms and conditions and for such period as it finds to be 2,333
reasonable and proper in the circumstances and in the best 2,334
interests of proper operation or of efficient acquisition or 2,335
construction of such THE project.
(2) Each bid for a contract for the construction, 2,337
demolition, alteration, repair, or reconstruction of an 2,338
improvement shall contain the full name of every person 2,339
interested in it and meets SHALL MEET the requirements of section 2,341
52
153.54 of the Revised Code. 2,342
(3) Each bid for a contract except as provided in division 2,344
(L)(2) of this section shall contain the full name of every 2,345
person or company interested in it and shall be accompanied by a 2,346
sufficient bond or certified check on a solvent bank that if the 2,347
bid is accepted, a contract will be entered into and the 2,348
performance thereof secured. 2,349
(4) The authority may reject any and all bids. 2,351
(5) A bond with good and sufficient surety, approved by 2,353
the authority, shall be required of every contractor awarded a 2,354
contract except as provided in division (L)(2) of this section, 2,355
in an amount equal to at least fifty per cent of the contract 2,356
price, conditioned upon the faithful performance of the contract. 2,357
(M) Employ managers, superintendents, and other employees 2,359
and retain or contract with consulting engineers, financial 2,360
consultants, accounting experts, architects, attorneys, and other 2,361
consultants and independent contractors as are necessary in its 2,362
judgment to carry out this chapter, and fix the compensation 2,363
thereof. All expenses thereof shall be payable solely from the 2,364
proceeds of water development revenue bonds or notes issued under 2,365
this chapter, from revenues, or from funds appropriated for such 2,366
THAT purpose by the general assembly. 2,367
(N) Receive and accept from any federal agency, subject to 2,369
the approval of the governor, grants for or in aid of the 2,370
construction of any water development project or for research and 2,371
development with respect to waste water or water management 2,372
facilities, and receive and accept aid or contributions from any 2,373
source of money, property, labor, or other things of value, to be 2,374
held, used, and applied only for the purposes for which such THE 2,375
grants and contributions are made; 2,376
(O) Engage in research and development with respect to 2,378
waste water or water management facilities; 2,379
(P) Purchase fire and extended coverage and liability 2,381
insurance for any water development project and for the principal 2,382
53
office and suboffices of the authority, insurance protecting the 2,383
authority and its officers and employees against liability for 2,384
damage to property or injury to or death of persons arising from 2,385
its operations, and any other insurance the authority may agree 2,386
to provide under any resolution authorizing its water development 2,387
revenue bonds or in any trust agreement securing the same; 2,388
(Q) Charge, alter, and collect rentals and other charges 2,390
for the use or services of any water development project as 2,391
provided in section 6121.13 of the Revised Code; 2,392
(R) Provide coverage for its employees under sections 2,394
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of 2,395
the Revised Code; 2,396
(S) Assist in the implementation and administration of the 2,398
DRINKING WATER ASSISTANCE FUND AND PROGRAM CREATED IN SECTION 2,399
6109.22 OF THE REVISED CODE AND THE water pollution control loan 2,400
fund and program created in section 6111.036 of the Revised Code, 2,402
including, without limitation, performing or providing fiscal 2,403
management for the fund FUNDS and investing and disbursing moneys 2,404
in the fund FUNDS, and may enter into all necessary and 2,406
appropriate agreements with the director of environmental 2,407
protection for such THOSE purposes;
(T) Issue water development revenue bonds and notes of the 2,409
state in such principal amounts as THAT are necessary for the 2,411
purpose of raising moneys for the sole benefit of the water 2,412
pollution control loan fund created in section 6111.036 of the 2,413
Revised Code, including moneys to meet the requirement for 2,414
providing matching moneys under division (D) of that section. 2,415
The bonds and notes may be secured by appropriate trust 2,416
agreements and repaid from moneys credited to the fund from 2,417
payments of principal and interest on loans made from the fund, 2,418
as provided in division (F) of section 6111.036 of the Revised 2,419
Code.
(U) ISSUE WATER DEVELOPMENT REVENUE BONDS AND NOTES OF THE 2,421
STATE IN PRINCIPAL AMOUNTS THAT ARE NECESSARY FOR THE PURPOSE OF 2,422
54
RAISING MONEYS FOR THE SOLE BENEFIT OF THE DRINKING WATER 2,423
ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE REVISED CODE, 2,426
INCLUDING MONEYS TO MEET THE REQUIREMENT FOR PROVIDING MATCHING 2,427
MONEYS UNDER DIVISIONS (B) AND (F) OF THAT SECTION. THE BONDS 2,429
AND NOTES MAY BE SECURED BY APPROPRIATE TRUST AGREEMENTS AND 2,430
REPAID FROM MONEYS CREDITED TO THE FUND FROM PAYMENTS OF 2,431
PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND, AS PROVIDED 2,432
IN DIVISION (F) OF SECTION 6109.22 OF THE REVISED CODE. 2,435
(V) Do all acts necessary or proper to carry out the 2,437
powers expressly granted in this chapter. 2,438
Sec. 6121.06. (A) The Ohio water development authority 2,447
may, from time to time, MAY issue water development revenue bonds 2,449
and notes of the state in such principal amount as, in the 2,450
opinion of the authority, are necessary for the purpose of paying 2,451
any part of the cost of one or more water development projects or 2,452
parts thereof. The authority may, from time to time, MAY issue 2,453
renewal notes, issue bonds to pay such THOSE notes, and whenever 2,455
it deems CONSIDERS refunding, including funding and retirement, 2,456
expedient, refund any bonds by the issuance of water development 2,458
revenue refunding bonds of the state, whether the bonds to be 2,459
refunded have or have not matured, and issue bonds partly to 2,460
refund bonds then outstanding, and partly for any other 2,461
authorized purpose. The refunding bonds may be issued in amounts 2,462
sufficient for payment of the principal amount of the bonds to be 2,463
so refunded, any redemption premiums thereon, principal 2,464
maturities of any bonds maturing prior to the redemption of the 2,465
bonds to be so refunded, interest accrued or to accrue to the 2,466
maturity dates or dates of redemption of such THE bonds, and any 2,467
expenses incurred or to be incurred in connection with such THE 2,468
refunding, funding, and retirement and issuance of the bonds. 2,469
Except
EXCEPT as may otherwise be expressly provided by the 2,472
authority, every issue of its bonds or notes shall be general 2,473
obligations of the authority payable out of the revenues of the 2,474
55
authority, which are pledged for such THAT payment, without 2,475
preference or priority of the first bonds issued, subject only to 2,476
any agreements with the holders of particular bonds or notes 2,477
pledging any particular revenues. The pledge shall be valid and 2,478
binding from the time the pledge is made, and the revenues so 2,479
pledged and thereafter received by the authority shall 2,480
immediately SHALL be subject to the lien of that pledge without 2,482
any physical delivery thereof or further act, and the lien of any 2,483
such pledge is valid and binding as against all parties having 2,484
claims of any kind in tort, contract, or otherwise against the 2,485
authority, irrespective of whether such THE parties have notice 2,487
thereof. Neither the resolution nor any trust agreement by which 2,488
a pledge is created need be filed or recorded except in the 2,489
records of the authority.
Whether or not the bonds or notes are of such form and 2,491
character as to be negotiable instruments, the bonds or notes 2,492
shall have all the qualities and incidents of negotiable 2,493
instruments, subject only to the provisions of the bonds or notes 2,494
for registration. 2,495
The bonds and notes shall be authorized by resolution of 2,497
the authority, shall bear such date or dates, and shall mature at 2,498
such time or times, in the case of any such note or any renewals 2,499
thereof not exceeding five years from the date of issue of the 2,500
original note, and in the case of any such bond not exceeding 2,501
forty years from the date of issue, as such THE resolution or 2,502
resolutions may provide. The bonds and notes shall bear interest 2,503
at such rate or rates, be in such denominations, be in such form, 2,504
either coupon or registered, carry such registration privileges, 2,505
be payable in such medium of payment, at such place or places, 2,506
and be subject to such terms of redemption as the authority may 2,507
authorize. The bonds and notes of the authority may be sold by 2,508
the authority, at public or private sale, at or not less than 2,509
such price or prices as the authority determines. The 2,510
THE bonds and notes shall be executed by the chairman 2,513
56
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the authority, 2,515
either or both of whom may use a facsimile signature, the 2,516
official seal of the authority or a facsimile thereof shall be 2,517
affixed thereto or printed thereon and attested, manually or by 2,518
facsimile signature, by the secretary-treasurer of the authority, 2,519
and any coupons attached thereto shall bear the signature or 2,520
facsimile signature of the chairman CHAIRPERSON of the authority. 2,521
In case IF any officer whose signature, or a facsimile of whose 2,523
signature, appears on any bonds, notes, or coupons ceases to be 2,524
such an officer before delivery of THE bonds or notes, his THE 2,525
OFFICER'S signature or facsimile is nevertheless sufficient for 2,526
all purposes the same as if he THE OFFICER had remained in office 2,527
until such THE delivery, and in case IF the seal of the authority 2,529
has been changed after a facsimile has been imprinted on such ANY 2,530
bonds or notes, such THE facsimile seal will continue CONTINUES 2,531
to be sufficient for all purposes. 2,533
Any resolution or resolutions authorizing any bonds or 2,535
notes or any issue thereof may contain provisions, subject to 2,536
such agreements with bondholders or noteholders as may then exist 2,538
THEN, which provisions shall be a part of the contract with the
holders thereof, as to: pledging all or any part of the revenues 2,539
of the authority to secure the payment of the bonds or notes or 2,540
of any issue thereof; the use and disposition of revenues of the 2,541
authority; a covenant to fix, alter, and collect rentals and 2,542
other charges so that pledged revenues will be sufficient to pay 2,543
costs of operation, maintenance, and repairs, pay principal of 2,544
and interest on bonds or notes secured by the pledge of such THE 2,545
revenues, and provide such reserves as may be required by the 2,546
applicable resolution or trust agreement; the setting aside of 2,547
reserve funds, sinking funds, or replacement and improvement 2,548
funds and the regulation and disposition thereof; the crediting 2,549
of the proceeds of the sale of bonds or notes to and among the 2,550
funds referred to or provided for in the resolution authorizing 2,551
the issuance of the bonds or notes; the use, lease, sale, or 2,552
57
other disposition of any water development project or any other 2,553
assets of the authority; limitations on the purpose to which the 2,554
proceeds of sale of bonds or notes may be applied and pledging 2,555
such THE proceeds to secure the payment of the bonds or notes or 2,556
of any issue thereof; with regard to notes issued in anticipation 2,558
of the issuance of bonds, the agreement of the authority to do 2,559
all things necessary for the authorization, issuance, and sale of 2,560
such THE bonds in such amounts as may be necessary for the timely 2,562
retirement of such THE notes; limitations on the issuance of 2,563
additional bonds or notes; the terms upon which additional bonds 2,564
or notes may be issued and secured; the refunding of outstanding 2,565
bonds or notes; the procedure, if any, by which the terms of any 2,566
contract with bondholders or noteholders may be amended or 2,567
abrogated, the amount of bonds or notes the holders of which must 2,568
consent thereto, and the manner in which such THAT consent may be 2,570
given; limitations on the amount of moneys to be expended by the 2,571
authority for operating, administrative, or other expenses of the 2,572
authority; securing any bonds or notes by a trust agreement in 2,573
accordance with section 6121.11 of the Revised Code; and any 2,574
other matters, of like or different character, which THAT in any 2,575
way affect the security or protection of the bonds or notes. 2,577
(B) An action taken under this division does not limit the 2,579
generality of division (A) of this section. 2,580
A resolution authorizing the issuance of bonds or notes by 2,582
the authority to provide all or a portion of the state's match 2,583
for federal capitalization grants under Title VI of the "Clean 2,584
Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, as amended, 2,585
to the water pollution control loan fund created in section 2,586
6111.036 of the Revised Code, OR FOR FEDERAL CAPITALIZATION 2,587
GRANTS UNDER TITLE I OF THE "SAFE DRINKING WATER ACT AMENDMENTS 2,594
OF 1996," 110 STAT. 1613, 42 U.S.C.A. 300(F), AS AMENDED, TO THE 2,597
DRINKING WATER ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE 2,598
REVISED CODE, and establishing a reserve fund IN EITHER CASE for 2,600
the payment of the principal of and interest on such THE bonds or 2,601
58
notes may include, in the event that the revenues primarily 2,602
pledged and required to be used for such payments are 2,603
insufficient to make any such THE payment in full when due, a 2,604
covenant of the director of environmental protection that if the 2,605
principal of or interest on any such bonds or notes is paid with 2,606
moneys drawn from such a reserve fund, the director shall so 2,608
notify the governor, and shall determine to what extent, if any,
the moneys so drawn may be restored to the reserve fund from 2,611
available moneys previously appropriated to the environmental 2,612
protection agency. The covenant also shall provide that if the 2,613
moneys so drawn are not immediately and fully restored to the 2,614
reserve fund from such available moneys, the director shall 2,615
promptly submit to the governor and to the director of budget and 2,616
management a written request for either or both of the following: 2,617
(1) That the next biennial budget submitted by the 2,619
governor to the general assembly include an amount to be 2,620
appropriated to the environmental protection agency sufficient 2,621
for the full replenishment of the reserve fund; 2,622
(2) That the general assembly be requested to increase 2,624
appropriations for the environmental protection agency in the 2,625
current biennium sufficient for the full replenishment of the 2,626
reserve fund. 2,627
The director shall include with such requests a 2,629
recommendation that the replenishment of the reserve fund be made 2,630
in the interest of maximizing the state's entitlements to federal 2,631
funds under Title VI of the "Clean Water Act of 1977," 91 Stat. 2,632
1566, 33 U.S.C.A. 1251, as amended, OR UNDER TITLE I OF THE "SAFE 2,635
DRINKING WATER ACT AMENDMENTS OF 1996," 110 STAT. 1613, 42 2,641
U.S.C.A. 300(f), AS AMENDED, AS APPLICABLE, thereby also 2,643
maximizing the benefits of the water pollution control loan fund 2,644
OR THE DRINKING WATER ASSISTANCE FUND, AS APPLICABLE, to the 2,645
political subdivisions that pay the cost of wastewater treatment 2,646
projects OR DRINKING WATER PROJECTS with low-cost loans from that 2,647
fund THOSE FUNDS. Any such covenant shall not obligate or 2,649
59
purport to obligate the state to pay the principal of or interest 2,650
on such THE bonds or notes or to deposit moneys in a reserve fund 2,652
established for such THOSE payments other than from moneys 2,654
lawfully appropriated for that purpose during the then-current 2,655
biennium.
(C) Neither the members of the authority nor any person 2,657
executing bonds or notes under this section shall be IS liable 2,658
personally on the bonds or notes or be IS subject to any personal 2,660
liability or accountability by reason of the issuance thereof. 2,661
Section 2. That existing sections 3745.11, 6103.22, 2,663
6109.01, 6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 2,664
of the Revised Code are hereby repealed. 2,665