As Passed by the Senate                       1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


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

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

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

   LOGAN-ROBERTS-WESTON-CATES-GRENDELL-VESPER-TAYLOR-BRADING-      11           

 VERICH-GARDNER-LEWIS-ROMAN-OPFER-COLONNA-MOTTLEY-CORBIN-MYERS-    12           

    O'BRIEN-PATTON-BRADY-HARRIS-SENATORS CARNES-DIX-DiDONATO-      13           

            WHITE-GILLMOR-OELSLAGER-DRAKE-GAETH-WATTS              14           


                                                                   15           

                           A   B I L L                                          

             To amend sections 3745.11, 6103.22, 6109.01,          17           

                6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and   18           

                6121.06 and to enact sections 6109.22, 6109.23,    19           

                and 6109.24 of the Revised Code to authorize the   20           

                Director of Environmental Protection to  develop   21           

                and implement a drinking water assistance loan     22           

                program consistent with the federal Safe Drinking  23           

                Water Act Amendments of 1996 and to receive and    24           

                disburse federal capitalization  grant moneys for  25           

                the purposes of that program, and to make other    26           

                changes in the state's safe drinking water         27           

                program in accordance  with that act.              28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 3745.11, 6103.22, 6109.01,         32           

6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 be        33           

amended and sections 6109.22, 6109.23, and 6109.24 of the Revised  34           

Code be enacted to read as follows:                                35           

      Sec. 3745.11.  (A)  Applicants for and holders of permits,   44           

licenses, variances, plan approvals, and certifications issued by  45           

the director of environmental protection pursuant to Chapters      46           

                                                          2      

                                                                 
3704., 3734., 6109., and 6111. of the Revised Code shall pay a     47           

fee to the environmental protection agency for each such issuance  48           

and each application for an issuance as provided by this section.  49           

No fee shall be charged for any issuance for which no application  50           

has been submitted to the director.                                51           

      (B)  Prior to January 1, 1994, each person issued a permit   53           

to operate, variance, or permit to install under section 3704.03   54           

of the Revised Code shall pay the fees specified in the following  55           

schedule:                                                          56           

      (1)  Fuel-Burning Equipment                                  58           

Input capacity                                                     60           

(million British     Permit                            Permit      61           

thermal units          to                                to        63           

per hour)           operate          Variance         install      66           

0 or more, but                                                     69           

   less than 10        $ 75              $225           $ 100                   

10 or more, but                                                    70           

   less than 100        210               450             390                   

100 or more, but                                                   71           

   less than 300        270               675             585                   

300 or more, but                                                   72           

   less than 500        330               900             780                   

500 or more             500               975            1000      73           

      Any fuel-burning equipment using only natural gas, propane,  76           

liquefied petroleum gas, or number two or lighter fuel oil shall   77           

be assessed a fee one-half of that shown.                          78           

      (2)  Incinerators                                            80           

Input capacity       Permit                            Permit      83           

(pounds per            to                                to        85           

hour)               operate          VARIANCE         install      89           

0 to 50                $ 50              $225           $  65      92           

51 to 500               210               450             390      93           

501 to 2000             270               675             585      94           

2001 to 30,000          330               900             780      95           

                                                          3      

                                                                 
more than 30,000        500               975            1000      96           

      (3)  Process                                                 99           

Process weight       Permit                            Permit      102          

     rate              to                                to        103          

(pounds per hour)   operate          Variance         install      106          

0 to 1000              $100              $225           $ 200      109          

1001 to 5000            210               450             390      110          

5001 to 10,000          270               675             585      111          

10,001 to 50,000        330               900             780      112          

more than 50,000        500               975            1000      113          

      In any process where process weight rate cannot be           116          

ascertained, the minimum fee shall be assessed.                    117          

      (4)  Storage tanks                                           119          

Gallons                 Permit to                  Permit to       122          

(capacity)               operate       Variance     install        124          

less than 40,000           $150            $225       $ 195        127          

40,000 or more, but                                                128          

   less than 100,000        210             450         390                     

100,000 or more, but                                               129          

   less than 400,000        270             675         585                     

400,000 or more, but                                               130          

   less than                                                                    

   1,000,000                330             900         780                     

1,000,000 or more           500             975        1000        131          

      (5)  Gasoline                                                134          

Gasoline dispensing     Permit to                  Permit to       137          

facilities               operate       Variance     install        139          

For each gasoline                                                  142          

   dispensing                                                                   

   facility                 $20            $100         $50                     

      (6)  Dry cleaning                                            145          

Dry cleaning            Permit to                  Permit to       148          

facilities               operate       Variance     install        150          

For each dry                                                       153          

                                                          4      

                                                                 
   cleaning facility        $50            $200        $100                     

      (7)  Coal mining operations regulated under Chapter 1513.    156          

of the Revised Code shall be assessed a fee of two hundred fifty   157          

dollars per mine or location.                                      158          

      (C)(1)  Except as otherwise provided in division (C)(2) of   160          

this section, beginning July 1, 1994, each person who owns or      161          

operates an air contaminant source and who is required to apply    162          

for and obtain a Title V permit under section 3704.036 of the      163          

Revised Code shall pay the fees set forth in division (C)(1) of    164          

this section.  For the purposes of that division, total emissions  165          

of air contaminants may be calculated using engineering            166          

calculations, emissions factors, material balance calculations,    167          

or performance testing procedures, as authorized by the director.  168          

      The following fees shall be assessed on the total actual     170          

emissions from a source in tons per year of the regulated          171          

pollutants particulate matter, sulfur dioxide, nitrogen oxides,    172          

organic compounds, and lead:                                       173          

      (a)  Fifteen dollars per ton on the total actual emissions   175          

of each such regulated pollutant during the period July through    176          

December 1993, to be collected no sooner than July 1, 1994;        177          

      (b)  Twenty dollars per ton on the total actual emissions    179          

of each such regulated pollutant during calendar year 1994, to be  180          

collected no sooner than April 15, 1995;                           181          

      (c)  Twenty-five dollars per ton on the total actual         183          

emissions of each such regulated pollutant in calendar year 1995,  184          

and each subsequent calendar year, to be collected no sooner than  185          

the fifteenth day of April of the year next succeeding the         186          

calendar year in which the emissions occurred.                     187          

      The fees levied under division (C)(1) of this section do     189          

not apply to that portion of the emissions of a regulated          190          

pollutant at a facility that exceed four thousand tons during a    191          

calendar year.                                                     192          

      (2)  The fees assessed under division (C)(1) of this         194          

section are for the purpose of providing funding for the Title V   195          

                                                          5      

                                                                 
permit program.                                                    196          

      (3)  The fees assessed under division (C)(1) of this         198          

section do not apply to emissions from any electric generating     199          

unit designated as a Phase I unit under Title IV of the federal    200          

Clean Air Act prior to calendar year 2000.  Those fees shall be    201          

assessed on the emissions from such a generating unit commencing   202          

in calendar year 2001 based upon the total actual emissions from   203          

the generating unit during calendar year 2000.                     204          

      (4)  The director shall issue invoices to owners or          206          

operators of air contaminant sources who are required to pay a     207          

fee assessed under division (C) or (D) of this section.  Any such  208          

invoice shall be issued no sooner than the applicable date when    209          

the fee first may be collected in a year under the applicable      210          

division, shall identify the nature and amount of the fee          211          

assessed, and shall indicate that the fee is required to be paid   212          

within thirty days after the issuance of the invoice.              213          

      (D)  Beginning January 1, 1994, each person who owns or      215          

operates an air contaminant source; who is required to apply for   216          

a permit to operate pursuant to rules adopted under division (G),  217          

or a variance pursuant to division (H), of section 3704.03 of the  218          

Revised Code; and who is not required to apply for and obtain a    219          

Title V permit under section 3704.036 of the Revised Code shall    220          

pay a single fee based upon the sum of the actual annual           221          

emissions from the facility of the regulated pollutants            222          

particulate matter, sulfur dioxide, nitrogen oxides, organic       224          

compounds, and lead in accordance with the following schedule:     225          

      Total tons per year                                          227          

      of regulated pollutants                Annual fee            228          

      emitted                               per facility           229          

      More than 0, but less than 50             $ 75               232          

      50 or more, but less than 100              300               233          

      100 or more                                700               234          

      The fees assessed under this division shall be collected     237          

annually no sooner than the fifteenth day of April, commencing in  238          

                                                          6      

                                                                 
1995.  The fee assessed under this division in a calendar year     239          

shall be based upon the sum of the actual emissions of those       240          

regulated pollutants during the preceding calendar year.  For the  241          

purpose of this division, emissions of air contaminants may be     242          

calculated using engineering calculations, emission factors,       243          

material balance calculations, or performance testing procedures,  244          

as authorized by the director.  The director, by rule, may         245          

require persons who are required to pay the fees assessed under    246          

this division to pay those fees biennially rather than annually.   247          

      (E)(1)  Consistent with the need to cover the reasonable     249          

costs of the Title V permit program, the director annually shall   250          

increase the fees prescribed in division (C)(1) of this section    251          

by the percentage, if any, by which the consumer price index for   252          

the most recent calendar year ending before the beginning of a     253          

year exceeds the consumer price index for calendar year 1989.      254          

Upon calculating an increase in fees authorized by this division   255          

(E)(1) OF THIS SECTION, the director shall compile revised fee     257          

schedules for the purposes of that division (C)(1) OF THIS         259          

SECTION and shall make the revised schedules available to persons  261          

required to pay the fees assessed under that division and to the   262          

public.                                                                         

      (2)  For the purposes of division (E)(1) of this section:    264          

      (a)  The consumer price index for any year is the average    266          

of the consumer price index for all urban consumers published by   267          

the United States department of labor as of the close of the       268          

twelve-month period ending on the thirty-first day of August of    269          

that year;                                                         270          

      (b)  If the 1989 consumer price index is revised, the        272          

director shall use the revision of the consumer price index that   273          

is most consistent with that for calendar year 1989.               274          

      (F)  Each person who is issued a permit to install pursuant  276          

to rules adopted under division (F) of section 3704.03 of the      277          

Revised Code on or after January 1, 1994, shall pay the fees       278          

specified in the following schedules:                              279          

                                                          7      

                                                                 
(1)  Fuel-burning equipment (boilers)                              281          

Input capacity (maximum)                                           283          

(million British thermal units per       Permit to install         284          

hour)                                                                           

Greater than 0, but less than 10               $ 200               285          

10 or more, but less than 100                    400               286          

100 or more, but less than 300                   800               287          

300 or more, but less than 500                  1500               288          

500 or more, but less than 1000                 2500               289          

1000 or more, but less than 5000                4000               290          

5000 or more                                    6000               291          

      Units burning exclusively natural gas, number two fuel oil,  294          

or both shall be assessed a fee that is one-half the applicable    295          

amount shown in division (F)(1) of this section.                   296          

(2)  Incinerators                                                  298          

Input capacity (pounds per hour)         Permit to install         300          

0 to 100                                       $ 100               301          

101 to 500                                       400               302          

501 to 2000                                      750               303          

2001 to 20,000                                  1000               304          

more than 20,000                                2500               305          

(3)(a)  Process                                                    308          

Process weight rate (pounds per          Permit to install         310          

hour)                                                                           

0 to 1000                                      $ 200               311          

1001 to 5000                                     400               312          

5001 to 10,000                                   600               313          

10,001 to 50,000                                 800               314          

more than 50,000                                1000               315          

      In any process where process weight rate cannot be           318          

ascertained, the minimum fee shall be assessed.                    319          

      (b)  Notwithstanding division (F)(3)(a) of this section,     321          

any person issued a permit to install pursuant to rules adopted    322          

under division (F) of section 3704.03 of the Revised Code shall    323          

                                                          8      

                                                                 
pay the fees set forth in division (F)(3)(c) of this section for   324          

a process used in any of the following industries, as identified   325          

by the applicable four-digit standard industrial classification    326          

code according to the Standard Industrial Classification Manual    327          

published by the United States office of management and budget in  328          

the executive office of the president, 1972, as revised:           329          

      1211  Bituminous coal and lignite mining;                    331          

      1213  Bituminous coal and lignite mining services;           333          

      1411  Dimension stone;                                       335          

      1422  Crushed and broken limestone;                          337          

      1427  Crushed and broken stone, not elsewhere classified;    339          

      1442  Construction sand and gravel;                          341          

      1446  Industrial sand;                                       343          

      3281  Cut stone and stone products;                          345          

      3295  Minerals and earth, ground or otherwise treated.       347          

      (c)  The fees set forth in the following schedule apply to   349          

the issuance of a permit to install pursuant to rules adopted      350          

under division (F) of section 3704.03 of the Revised Code for a    351          

process identified in division (F)(3)(b) of this section:          352          

      Process weight rate                Permit to install         354          

      (pounds per hour)                                                         

      0 to 10,000                               $200               355          

      10,001 to 50,000                           300               356          

      50,001 to 100,000                          400               357          

      100,001 to 200,000                         500               358          

      200,001 to 400,000                         600               359          

      400,001 or more                            700               360          

(4)  Storage tanks                                                 363          

      Gallons (maximum useful            Permit to install         365          

      capacity)                                                                 

      0 to 20,000                               $100               366          

      20,001 to 40,000                           150               367          

      40,001 to 100,000                          200               368          

      100,001 to 250,000                         250               369          

                                                          9      

                                                                 
      250,001 to 500,000                         350               370          

      500,001 to 1,000,000                       500               371          

      1,000,001 or greater                       750               372          

(5)  Gasoline/fuel dispensing facilities                           375          

      For each gasoline/fuel             Permit to install         377          

      dispensing facility                                                       

       (includes all units at                   $100               378          

      the facility)                                                             

(6)  Dry cleaning facilities                                       381          

      For each dry cleaning              Permit to install         383          

      facility                                                                  

      (includes all units at                    $100               384          

      the facility)                                                             

(7)  Registration status                                           387          

                                         Permit to install         389          

      For each source covered                                      390          

      by registration status                     $75                            

      (G)  An owner or operator who is responsible for an          393          

asbestos demolition or renovation project pursuant to rules        394          

adopted under section 3704.03 of the Revised Code shall pay the    395          

fees set forth in the following schedule:                          396          

            Action                                Fee              398          

      Each notification                           $75              399          

      Asbestos removal                        $3/unit              400          

      Asbestos cleanup                     $4/cubic yard           401          

For purposes of this division, a "unit" means any combination of   405          

linear feet or square feet equal to fifty.                         406          

      (H)  A person who is issued an extension of time for a       408          

permit to install an air contaminant source pursuant to rules      409          

adopted under division (F) of section 3704.03 of the Revised Code  410          

shall pay a fee equal to one-half the fee originally assessed for  411          

the permit to install under this section, except that the fee for  412          

such an extension shall not exceed two hundred dollars.            413          

      (I)  A person who is issued a modification to a permit to    415          

                                                          10     

                                                                 
install an air contaminant source pursuant to rules adopted under  416          

section 3704.03 of the Revised Code shall pay a fee equal to       417          

one-half of the fee that would be assessed under this section to   418          

obtain a permit to install the source.  The fee assessed by this   419          

division only applies to modifications that are initiated by the   420          

owner or operator of the source and shall not exceed two thousand  421          

dollars.                                                           422          

      (J)  Notwithstanding division (B) or (F) of this section, a  424          

person who applies for or obtains a permit to install pursuant to  425          

rules adopted under division (F) of section 3704.03 of the         426          

Revised Code after the date actual construction of the source      427          

began shall pay a fee for the permit to install that is equal to   428          

twice the fee that otherwise would be assessed under the           429          

applicable division unless the applicant received authorization    430          

to begin construction under division (W) of section 3704.03 of     431          

the Revised Code.  This division only applies to sources for       432          

which actual construction of the source begins on or after July    433          

1, 1993.  The imposition or payment of the fee established in      434          

this division does not preclude the director from taking any       435          

administrative or judicial enforcement action under this chapter,  436          

Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a    437          

rule adopted under any of them, in connection with a violation of  438          

rules adopted under division (F) of section 3704.03 of the         439          

Revised Code.                                                      440          

      As used in this division, "actual construction of the        442          

source" means the initiation of physical on-site construction      443          

activities in connection with improvements to the source that are  444          

permanent in nature, including, without limitation, the            445          

installation of building supports and foundations and the laying   446          

of underground pipework.                                           447          

      (K)  Fifty cents per ton of each fee assessed under          449          

division (C) of this section on actual emissions from a source     450          

and received by the environmental protection agency pursuant to    451          

that division shall be deposited into the state treasury to the    452          

                                                          11     

                                                                 
credit of the small business assistance fund created in section    453          

3706.19 of the Revised Code.  The remainder of the moneys          454          

received by the division pursuant to that division and moneys      455          

received by the agency pursuant to divisions (D), (F), (G), (H),   456          

(I), and (J) of this section shall be deposited in the state       457          

treasury to the credit of the clean air fund created in section    458          

3704.035 of the Revised Code.                                      459          

      (L)(1)(a)  Except as otherwise provided in division          461          

(L)(1)(b) or (c) of this section, a person issued a water          462          

discharge permit or renewal of a water discharge permit pursuant   463          

to Chapter 6111. of the Revised Code shall pay a fee based on      464          

each point source to which the issuance is applicable in           465          

accordance with the following schedule:                            466          

Design flow discharge (gallons per day)             Fee            468          

      0 to 1000                                    $  0            471          

      1,001 to 5000                                 100            472          

      5,001 to 50,000                               200            473          

      50,001 to 100,000                             300            474          

      100,001 to 300,000                            525            475          

      over 300,000                                  750            476          

      (b)  Notwithstanding the fee schedule specified in division  479          

(L)(1)(a) of this section, the fee for a water discharge permit    480          

that is applicable to coal mining operations regulated under       481          

Chapter 1513. of the Revised Code shall be two hundred fifty       482          

dollars per mine.                                                  483          

      (c)  Notwithstanding the fee schedule specified in division  485          

(L)(1)(a) of this section, the fee for a water discharge permit    486          

for a public discharger identified by I in the third character of  487          

the permittee's NPDES permit number shall not exceed seven         488          

hundred fifty dollars.                                             489          

      (2)  A person applying for a plan approval for a wastewater  491          

treatment works pursuant to section 6111.44, 6111.45, or 6111.46   492          

of the Revised Code shall pay a fee of one hundred dollars plus    493          

sixty-five one-hundredths of one per cent of the estimated         494          

                                                          12     

                                                                 
project cost through June 30, 1998, and one hundred dollars plus   496          

two-tenths of one per cent of the estimated project cost on and    497          

after July 1, 1998, except that the total fee shall not exceed     499          

fifteen thousand dollars through June 30, 1998, and five thousand  501          

dollars on and after July 1, 1998.  The fee shall be paid at the   503          

time the application is submitted.                                 504          

      (3)  A person issued a modification of a water discharge     506          

permit shall pay a fee equal to one-half the fee that otherwise    507          

would be charged for a water discharge permit, except that the     508          

fee for the modification shall not exceed four hundred dollars.    509          

      (4)  A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE     511          

DIRECTOR UNDER SECTION 6111.14 OF THE REVISED CODE SHALL PAY AN    514          

ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT      515          

SECTION FOR APPROVAL THAT SHALL NOT EXCEED THE MINIMUM AMOUNT      516          

NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO     517          

PROCESSING PLAN APPROVALS.  THE DIRECTOR ANNUALLY SHALL CALCULATE  518          

THE FEE AND SHALL NOTIFY ALL PERSONS WHO HAVE ENTERED INTO         520          

AGREEMENTS UNDER THAT SECTION, OR WHO HAVE APPLIED FOR             521          

AGREEMENTS, OF THE AMOUNT OF THE FEE.                              522          

      (5)(a)  Not later than January 30, 1996, and January 30,     524          

1997, a person holding an NPDES discharge permit issued pursuant   526          

to Chapter 6111. of the Revised Code with an average daily         527          

discharge flow of five thousand gallons or more shall pay a        528          

nonrefundable annual discharge fee.  Any person who fails to pay   529          

the fee at that time shall pay an additional amount that equals    530          

ten per cent of the required annual discharge fee.                 531          

      The average daily discharge flow in gallons per day shall    533          

be calculated using first day of May through thirty-first day of   534          

October flow data for the period two years prior to the date on    535          

which the fee is due.  In the case of NPDES discharge permits for  537          

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

OPERATION shall be calculated using the average daily design flow  538          

of the facility.                                                   540          

      (b)  An NPDES permit holder that is a public discharger      542          

                                                          13     

                                                                 
shall pay the fee specified in the following schedule:             543          

    Average daily                             Fee due by           547          

    discharge flow                         January 30, 1996,       548          

                                         and January 30, 1997      549          

5,000 to 49,999                               $   180              552          

50,000 to 100,000                                 450              553          

100,001 to 250,000                                900              554          

250,001 to 1,000,000                            2,250              555          

1,000,001 to 5,000,000                          4,500              556          

5,000,001 to 10,000,000                         9,000              557          

10,000,001 to 20,000,000                       13,500              558          

20,000,001 to 50,000,000                       22,500              559          

50,000,001 to 100,000,000                      36,000              560          

100,000,001 or more                            54,000              561          

      Public dischargers owning or operating publicly owned        564          

treatment works, as "treatment works" is defined in section        565          

6111.01 of the Revised Code, that serve exclusively political      567          

subdivisions having a population of fewer than one hundred         568          

thousand through the operation of two or more publicly owned                    

treatment works serving the same political subdivision shall pay   569          

an annual discharge fee under division (L)(4)(5)(b) of this        570          

section that is based on the combined average daily discharge      571          

flow of the treatment works rather than on the average daily       572          

discharge flow of individual facilities comprising the treatment   573          

works.                                                                          

      (c)  An NPDES permit holder that is an industrial            575          

discharger shall pay the fee specified in the following schedule:  576          

Average daily                                 Fee due by           580          

discharge flow                             January 30, 1996,       581          

                                         and January 30, 1997      582          

5,000 to 49,999                               $   180              585          

50,000 to 250,000                                 900              586          

250,001 to 1,000,000                            2,250              587          

1,000,001 to 5,000,000                          4,500              588          

                                                          14     

                                                                 
5,000,001 to 10,000,000                         6,750              589          

10,000,001 to 20,000,000                        9,000              590          

20,000,001 to 100,000,000                      10,800              591          

100,000,001 to 250,000,000                     12,600              592          

250,000,001 or more                            14,400              593          

      In addition to the fee specified in the above schedule, an   596          

NPDES permit holder that is an industrial discharger classified    597          

as a major discharger shall pay a nonrefundable annual surcharge   598          

of six thousand seven hundred fifty dollars not later than         599          

January 30, 1996, and not later than January 30, 1997.  Any        600          

person who fails to pay the surcharge at that time shall pay an    601          

additional amount that equals ten per cent of the amount of the    602          

surcharge.                                                         603          

      (d)  Notwithstanding divisions (L)(4)(5)(b) and (c) of this  605          

section, a public discharger identified by I in the third          606          

character of the permittee's NPDES permit number and an            607          

industrial discharger identified by I, J, L, V, W, X, Y, or Z in   608          

the third character of the permittee's NPDES permit number shall   610          

pay a nonrefundable annual discharge fee of one hundred eighty                  

dollars not later than January 30, 1996, and not later than        612          

January 30, 1997.  Any person who fails to pay the fee at that     613          

time shall pay an additional amount that equals ten per cent of    614          

the required fee.                                                  615          

      (5)(6)  The director shall transmit all moneys collected     617          

under division (L) of this section to the treasurer of state for   618          

deposit into the state treasury to the credit of the surface       619          

water protection fund created in section 6111.038 of the Revised   620          

Code.                                                              621          

      (6)(7)  As used in division (L) of this section:             623          

      (a)  "NPDES" means the federally approved national           625          

pollutant discharge elimination system program for issuing,        626          

modifying, revoking, reissuing, terminating, monitoring, and       627          

enforcing permits and imposing and enforcing pretreatment          628          

requirements under Chapter 6111. of the Revised Code and rules     629          

                                                          15     

                                                                 
adopted under it.                                                  630          

      (b)  "Public discharger" means any holder of an NPDES        632          

permit identified by P in the second character of the NPDES        633          

permit number assigned by the director.                            634          

      (c)  "Industrial discharger" means any holder of an NPDES    636          

permit identified by I in the second character of the NPDES        637          

permit number assigned by the director.                            638          

      (d)  "Major discharger" means any holder of an NPDES permit  640          

classified as major by the regional administrator of the United    641          

States environmental protection agency in conjunction with the     642          

director.                                                          643          

      (M)  Through June 30, 1998, a person applying for a license  646          

or license renewal to operate a public water system under section  647          

6109.21 of the Revised Code shall pay the appropriate fee          648          

established under this division at the time of application to the  649          

director.  Any person who fails to pay the fee at that time shall  650          

pay an additional amount that equals ten per cent of the required  651          

fee.  The director shall transmit all moneys collected under this  652          

division to the treasurer of state for deposit into the drinking   653          

water protection fund created in section 6109.30 of the Revised    654          

Code.                                                              655          

      Fees required under this division shall be calculated and    657          

paid in accordance with the following schedule:                    658          

      (1)  For the initial license required under division (A)(1)  660          

of section 6109.21 of the Revised Code for any public water        661          

system that is a community water system as defined in section      662          

6109.01 of the Revised Code, and for each license renewal          663          

required for such a system prior to January 31, 1998, the fee is:  665          

Number of service connections                Fee amount            667          

      Not more than 49                          $ 56               670          

      50 to 99                                    88               671          

Number of service connections      Average cost per connection     674          

      100 to 2,499                            $  .96               676          

      2,500 to 4,999                             .92               677          

                                                          16     

                                                                 
      5,000 to 7,499                             .88               678          

      7,500 to 9,999                             .84               679          

      10,000 to 14,999                           .80               680          

      15,000 to 24,999                           .76               681          

      25,000 to 49,999                           .72               682          

      50,000 to 99,999                           .68               683          

      100,000 to 149,999                         .64               684          

      150,000 to 199,999                         .60               685          

      200,000 or more                            .56               686          

      A public water system may determine how it will pay the      689          

total amount of the fee calculated under division (M)(1) of this   690          

section, including the assessment of additional user fees that     691          

may be assessed on a volumetric basis.                             692          

      As used in division (M)(1) of this section, "service         694          

connection" means the number of active or inactive pipes,          695          

goosenecks, pigtails, and any other fittings connecting a water    696          

main to any building outlet.                                       697          

      (2)  For the initial license required under division (A)(2)  699          

of section 6109.21 of the Revised Code for any public water        700          

system that is not a community water system and serves a           701          

nontransient population, and for each license renewal required     702          

for such a system prior to January 31, 1998, the fee is:           703          

Population served                            Fee amount            705          

Fewer than 150                                $    56              708          

150 to 299                                         88              709          

300 to 749                                        192              710          

750 to 1,499                                      392              711          

1,500 to 2,999                                    792              712          

3,000 to 7,499                                  1,760              713          

7,500 to 14,999                                 3,800              714          

15,000 to 22,499                                6,240              715          

22,500 to 29,999                                8,576              716          

30,000 or more                                 11,600              717          

      As used in division (M)(2) of this section, "population      720          

                                                          17     

                                                                 
served" means the total number of individuals receiving water      721          

from the water supply during a twenty-four-hour period for at      722          

least sixty days during any calendar year.  In the absence of a    723          

specific population count, that number shall be calculated at the  724          

rate of three individuals per service connection.                  725          

      (3)  For the initial license required under division (A)(3)  727          

of section 6109.21 of the Revised Code for any public water        728          

system that is not a community water system and serves a           729          

transient population, and for each license renewal required for    730          

such a system prior to January 31, 1998, the fee is:               731          

Number of wells supplying system             Fee amount            733          

             1                                $   56               736          

             2                                    56               737          

             3                                    88               738          

             4                                   192               739          

             5                                   392               740          

System supplied by surface                                         743          

springs or dug wells                             792                            

      As used in division (M)(3) of this section, "number of       746          

wells supplying system" means those wells that are physically      747          

connected to the plumbing system serving the public water system.  748          

      (N)(1)  A person applying for a plan approval for a public   750          

water supply system under section 6109.07 of the Revised Code      751          

shall pay a fee of one hundred dollars plus two-tenths of one per  752          

cent of the estimated project cost, except that the total fee      753          

shall not exceed fifteen thousand dollars through June 30, 1998,   755          

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

shall be paid at the time the application is submitted.            756          

      (2)  A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE     759          

DIRECTOR UNDER DIVISION (A)(2) OF SECTION 6109.07 OF THE REVISED   761          

CODE SHALL PAY AN ADMINISTRATIVE SERVICE FEE FOR EACH PLAN         762          

SUBMITTED UNDER THAT SECTION FOR APPROVAL THAT SHALL NOT EXCEED    763          

THE MINIMUM AMOUNT NECESSARY TO PAY ADMINISTRATIVE COSTS DIRECTLY  764          

ATTRIBUTABLE TO PROCESSING PLAN APPROVALS.  THE DIRECTOR ANNUALLY  765          

                                                          18     

                                                                 
SHALL CALCULATE THE FEE AND SHALL NOTIFY ALL PERSONS THAT HAVE     767          

ENTERED INTO AGREEMENTS UNDER THAT DIVISION, OR WHO HAVE APPLIED   768          

FOR AGREEMENTS, OF THE AMOUNT OF THE FEE.                          769          

      (3)  Through June 30, 1998, the following fee, on a per      771          

survey basis, shall be charged any person for services rendered    772          

by the state in the evaluation of laboratories and laboratory      773          

personnel for compliance with accepted analytical techniques and   774          

procedures established pursuant to Chapter 6109. of the Revised    775          

Code for determining the qualitative characteristics of water:     776          

      microbiological                         $1,650               778          

      organic chemical                       4,500 3,500           779          

      inorganic chemical                       3,500               780          

      standard chemistry                       1,800               781          

      limited chemistry                      1,500 1,000           782          

      On and after July 1, 1998, the following fee, on a per       785          

survey basis, shall be charged any such person:                    786          

      microbiological                           $250               788          

      chemical/radiological                      250               789          

      nitrate/turbidity (only)                   150               790          

The fee for those services shall be paid at the time the request   793          

for the survey is made.  Through June 30, 1998, an individual      795          

laboratory shall not be assessed a fee under this division more    796          

than once in any three-year period.                                797          

      The director shall transmit all moneys collected under this  799          

division to the treasurer of state for deposit into the drinking   800          

water protection fund created in section 6109.30 of the Revised    801          

Code.                                                              802          

      (O)  Any person applying to the director for examination     804          

for certification as an operator of a water supply system or       805          

wastewater system under Chapter 6109. or 6111. of the Revised      806          

Code, at the time the application is submitted, shall pay an       807          

application fee of twenty-five dollars through June 30, 1998, and  810          

ten dollars on and after July 1, 1998.  Upon approval from the     811          

director that the applicant is eligible to take the examination    812          

                                                          19     

                                                                 
therefor,: the applicant shall pay a fee in accordance with the    813          

following schedule through June 30, 1998:                          814          

      Class I operator                              $45            816          

      Class II operator                              55            817          

      Class III operator                             65            818          

      Class IV operator                              75            819          

      On and after July 1, 1998, the applicant shall pay a fee in  823          

accordance with the following schedule:                                         

      Class I operator                              $25            825          

      Class II operator                              35            826          

      Class III operator                             45            827          

      Class IV operator                              55            828          

      The director shall transmit all moneys collected under this  831          

division to the treasurer of state for deposit into the surface    832          

DRINKING water protection fund created in section 6111.038         833          

6109.30 of the Revised Code.                                       834          

      (P)  Through June 30, 1998, any person submitting an         836          

application for an industrial water pollution control certificate  837          

under section 6111.31 of the Revised Code shall pay a              838          

nonrefundable fee of five hundred dollars at the time the          839          

application is submitted.  The director shall transmit all moneys  840          

collected under this division to the treasurer of state for        841          

deposit into the surface water protection fund created in section  842          

6111.038 of the Revised Code.  A person paying a certificate fee   843          

under this division shall not pay an application fee under         844          

division (S)(1) of this section.                                   845          

      (Q)  Except as otherwise provided in division (R) of this    847          

section, a person issued a permit by the director for a new solid  848          

waste disposal facility other than an incineration or composting   849          

facility, a new infectious waste treatment facility other than an  850          

incineration facility, or a modification of such an existing       851          

facility that includes an increase in the total disposal or        852          

treatment capacity of the facility pursuant to Chapter 3734. of    853          

the Revised Code shall pay a fee of ten dollars per thousand       854          

                                                          20     

                                                                 
cubic yards of disposal or treatment capacity, or one thousand     855          

dollars, whichever is greater, except that the total fee for any   856          

such permit shall not exceed eighty thousand dollars.  A person    857          

issued a modification of a permit for a solid waste disposal       858          

facility or an infectious waste treatment facility that does not   859          

involve an increase in the total disposal or treatment capacity    860          

of the facility shall pay a fee of one thousand dollars.  A        861          

person issued a permit to install a new, or modify an existing,    862          

solid waste transfer facility under that chapter shall pay a fee   863          

of two thousand five hundred dollars.  A person issued a permit    864          

to install a new or to modify an existing solid waste              865          

incineration or composting facility, or an existing infectious     866          

waste treatment facility using incineration as its principal       867          

method of treatment, under that chapter shall pay a fee of one     868          

thousand dollars.  The increases in the permit fees under this     869          

division resulting from the amendments made by Amended Substitute  870          

House Bill 592 of the 117th general assembly do not apply to any   871          

person who submitted an application for a permit to install a      872          

new, or modify an existing, solid waste disposal facility under    873          

that chapter prior to September 1, 1987; any such person shall     874          

pay the permit fee established in this division as it existed      875          

prior to June 24, 1988.  In addition to the applicable permit fee  876          

under this division, a person issued a permit to install or        877          

modify a solid waste facility or an infectious waste treatment     878          

facility under that chapter who fails to pay the permit fee to     879          

the director in compliance with division (V) of this section       880          

shall pay an additional ten per cent of the amount of the fee for  881          

each week that the permit fee is late.                             882          

      Permit and late payment fees paid to the director under      884          

this division shall be credited to the general revenue fund.       885          

      (R)(1)  A person issued a registration certificate for a     887          

scrap tire collection facility under section 3734.75 of the        888          

Revised Code shall pay a fee of two hundred dollars, except that   889          

if the facility is owned or operated by a motor vehicle salvage    890          

                                                          21     

                                                                 
dealer licensed under Chapter 4738. of the Revised Code, the       891          

person shall pay a fee of twenty-five dollars.                     892          

      (2)  A person issued a registration certificate for a new    894          

scrap tire storage facility under section 3734.76 of the Revised   895          

Code shall pay a fee of three hundred dollars, except that if the  896          

facility is owned or operated by a motor vehicle salvage dealer    897          

licensed under Chapter 4738. of the Revised Code, the person       898          

shall pay a fee of twenty-five dollars.                            899          

      (3)  A person issued a permit for a scrap tire storage       901          

facility under section 3734.76 of the Revised Code shall pay a     902          

fee of one thousand dollars, except that if the facility is owned  903          

or operated by a motor vehicle salvage dealer licensed under       904          

Chapter 4738. of the Revised Code, the person shall pay a fee of   905          

fifty dollars.                                                     906          

      (4)  A person issued a permit for a scrap tire monocell or   908          

monofill facility under section 3734.77 of the Revised Code shall  909          

pay a fee of ten dollars per thousand cubic yards of disposal      910          

capacity or one thousand dollars, whichever is greater, except     911          

that the total fee for any such permit shall not exceed eighty     912          

thousand dollars.                                                  913          

      (5)  A person issued a registration certificate for a scrap  915          

tire recovery facility under section 3734.78 of the Revised Code   916          

shall pay a fee of one hundred dollars.                            917          

      (6)  A person issued a permit for a scrap tire recovery      919          

facility under section 3734.78 of the Revised Code shall pay a     920          

fee of one thousand dollars.                                       921          

      (7)  In addition to the applicable registration certificate  923          

or permit fee under divisions (R)(1) to (6) of this section, a     924          

person issued a registration certificate or permit for any such    925          

scrap tire facility who fails to pay the registration certificate  926          

or permit fee to the director in compliance with division (V) of   927          

this section shall pay an additional ten per cent of the amount    928          

of the fee for each week that the fee is late.                     929          

      (8)  The registration certificate, permit, and late payment  931          

                                                          22     

                                                                 
fees paid to the director under divisions (R)(1) to (7) of this    932          

section shall be credited to the scrap tire management fund        933          

created in section 3734.82 of the Revised Code.                    934          

      (S)(1)  Except as provided by divisions (L), (M), (N), (O),  936          

(P), and (S)(2) of this section, division (A)(2) of section        937          

3734.05 of the Revised Code, section 3734.79 of the Revised Code,  938          

and rules adopted under division (T)(1) of this section, any       939          

person applying for a registration certificate under section       940          

3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,      941          

variance, or plan approval under Chapter 3734. of the Revised      942          

Code shall pay a nonrefundable fee of fifteen dollars at the time  943          

the application is submitted, and any person applying for a        944          

permit, variance, or plan approval under Chapter 6109. or 6111.    945          

of the Revised Code shall pay a nonrefundable fee of one hundred   946          

dollars at the time the application is submitted through June 30,  947          

1998, and a nonrefundable fee of fifteen dollars at the time the   949          

application is submitted on and after July 1, 1998.                950          

      The director shall transmit all moneys collected under this  952          

division (S)(1) OF THIS SECTION pursuant to Chapter 6109. of the   953          

Revised Code to the treasurer of state for deposit into the        955          

drinking water protection fund created in section 6109.30 of the   956          

Revised Code.                                                                   

      The director shall transmit all moneys collected under this  958          

division (S)(1) OF THIS SECTION pursuant to Chapter 6111. of the   960          

Revised Code to the treasurer of state for deposit into the        961          

surface water protection fund created in section 6111.038 of the   962          

Revised Code.                                                                   

      If a registration certificate is issued under section        964          

3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of    965          

the application fee paid shall be deducted from the amount of the  966          

registration certificate fee due under division (R)(1), (2), or    967          

(5) of this section, as applicable.                                968          

      (2)  Division (S)(1) of this section does not apply to an    970          

application for a registration certificate for a scrap tire        971          

                                                          23     

                                                                 
collection or storage facility submitted under section 3734.75 or  972          

3734.76 of the Revised Code, as applicable, if the owner or        973          

operator of the facility or proposed facility is a motor vehicle   974          

salvage dealer licensed under Chapter 4738. of the Revised Code.   975          

      (T)  The director may adopt, amend, and rescind rules in     977          

accordance with Chapter 119. of the Revised Code that do all of    978          

the following:                                                     979          

      (1)  Prescribe fees to be paid by applicants for and         981          

holders of any license, permit, variance, plan approval, or        982          

certification required or authorized by Chapter 3704., 3734.,      983          

6109., or 6111. of the Revised Code that are not specifically      984          

established in this section.  The fees shall be designed to        985          

defray the cost of processing, issuing, revoking, modifying,       986          

denying, and enforcing the licenses, permits, variances, plan      987          

approvals, and certifications.                                     988          

      The director shall transmit all moneys collected under       990          

rules adopted under division (T)(1) of this section pursuant to    991          

Chapter 6109. of the Revised Code to the treasurer of state for    992          

deposit into the drinking water protection fund created in         993          

section 6109.30 of the Revised Code.                               994          

      The director shall transmit all moneys collected under       996          

rules adopted under division (T)(1) of this section pursuant to    997          

Chapter 6111. of the Revised Code to the treasurer of state for    998          

deposit into the surface water protection fund created in section  999          

6111.038 of the Revised Code.                                      1,000        

      (2)  Exempt the state and political subdivisions thereof,    1,002        

including education facilities or medical facilities owned by the  1,003        

state or a political subdivision, or any person exempted from      1,004        

taxation by section 5709.07 or 5709.12 of the Revised Code, from   1,005        

any fee required by this section;                                  1,006        

      (3)  Provide for the waiver of any fee, or any part          1,008        

thereof, otherwise required by this section whenever the director  1,009        

determines that the imposition of the fee would constitute an      1,010        

unreasonable cost of doing business for any applicant, class of    1,011        

                                                          24     

                                                                 
applicants, or other person subject to the fee;                    1,012        

      (4)  Prescribe measures that the director considers          1,014        

necessary to carry out this section.                               1,015        

      (U)  When the director reasonably demonstrates that the      1,017        

direct cost to the state associated with the issuance of a permit  1,018        

to install, license, variance, plan approval, or certification     1,019        

exceeds the fee for the issuance or review specified by this       1,020        

section, the director may condition the issuance or review on the  1,021        

payment by the person receiving the issuance or review of, in      1,022        

addition to the fee specified by this section, the amount, or any  1,023        

portion thereof, in excess of the fee specified under this         1,024        

section.  The director shall not so condition issuances for which  1,025        

fees are prescribed in divisions (B)(7) and (L)(1)(b) of this      1,026        

section.                                                           1,027        

      (V)  Except as provided in divisions (L), (M), and (P) of    1,029        

this section or unless otherwise prescribed by a rule of the       1,030        

director adopted pursuant to Chapter 119. of the Revised Code,     1,031        

all fees required by this section are payable within thirty days   1,032        

after the issuance of an invoice for the fee by the director or    1,033        

the effective date of the issuance of the license, permit,         1,034        

variance, plan approval, or certification.  If payment is late,    1,035        

the person responsible for payment of the fee shall pay an         1,036        

additional ten per cent of the amount due for each month that it   1,037        

is late.                                                           1,038        

      (W)  As used in this section, "fuel-burning equipment,"      1,040        

"fuel-burning equipment input capacity," "incinerator,"            1,041        

"incinerator input capacity," "process," "process weight rate,"    1,042        

"storage tank," "gasoline dispensing facility," "dry cleaning      1,043        

facility," "design flow discharge," and "new source treatment      1,044        

works" have the meanings ascribed to those terms by applicable     1,045        

rules or standards adopted by the director under Chapter 3704. or  1,046        

6111. of the Revised Code.                                         1,047        

      (X)  As used in divisions (B), (C), (D), (E), (F), (H),      1,049        

(I), and (J) of this section, and in any other provision of this   1,050        

                                                          25     

                                                                 
section pertaining to fees paid pursuant to Chapter 3704. of the   1,051        

Revised Code:                                                      1,052        

      (1)  "Facility," "federal Clean Air Act," "person," and      1,054        

"Title V permit" have the same meanings as in section 3704.01 of   1,055        

the Revised Code.                                                  1,056        

      (2)  "Title V permit program" means the following            1,058        

activities as necessary to meet the requirements of Title V of     1,059        

the federal Clean Air Act and 40 C.F.R. part 70, including at      1,060        

least:                                                             1,061        

      (a)  Preparing and adopting, if applicable, generally        1,063        

applicable rules or guidance regarding the permit program or its   1,064        

implementation or enforcement;                                     1,065        

      (b)  Reviewing and acting on any application for a Title V   1,067        

permit, permit revision, or permit renewal, including the          1,068        

development of an applicable requirement as part of the            1,069        

processing of a permit, permit revision, or permit renewal;        1,070        

      (c)  Administering the permit program, including the         1,072        

supporting and tracking of permit applications, compliance         1,073        

certification, and related data entry;                             1,074        

      (d)  Determining which sources are subject to the program    1,076        

and implementing and enforcing the terms of any Title V permit,    1,077        

not including any court actions or other formal enforcement        1,078        

actions;                                                           1,079        

      (e)  Emission and ambient monitoring;                        1,081        

      (f)  Modeling, analyses, or demonstrations;                  1,083        

      (g)  Preparing inventories and tracking emissions;           1,085        

      (h)  Providing direct and indirect support to small          1,087        

business stationary sources to determine and meet their            1,088        

obligations under the federal Clean Air Act pursuant to the small  1,089        

business stationary source technical and environmental compliance  1,090        

assistance program required by section 507 of that act and         1,091        

established in sections 3704.18, 3704.19, and 3706.19 of the       1,092        

Revised Code.                                                      1,093        

      Sec. 6103.22.  All contracts under section 6103.21 of the    1,102        

                                                          26     

                                                                 
Revised Code shall provide for payment to the county or municipal  1,103        

corporation owning, constructing, or agreeing to construct the     1,104        

water supply improvement to be jointly used of the amount agreed   1,105        

upon as the other party's share of the cost of such THE water      1,106        

supply improvement.  The contract shall also SHALL provide for     1,108        

payment to the county or municipal corporation owning or           1,110        

constructing and maintaining the same IMPROVEMENT of the amount    1,111        

agreed upon for the other party's share of the cost of operating   1,113        

and maintaining such THE water supply improvement, including the   1,115        

cost of water, or in lieu of all other payments an agreed price    1,116        

per unit for water furnished. Any such A county or municipal       1,117        

corporation owning, constructing, or agreeing to construct any     1,119        

such A water supply improvement and permitting the use thereof OF  1,120        

IT by such other ANOTHER county or municipal corporation shall     1,122        

retain full control and management of the construction,            1,123        

maintenance, repair, and operation of the same IMPROVEMENT,        1,124        

except when conveyed to a municipal corporation as provided in     1,125        

this section.  Any such contract, before going into effect, shall  1,126        

be approved by the director of environmental protection.  Any      1,127        

      A completed water supply or water-works system, as defined   1,129        

in sections 6103.01 and 6103.02 of the Revised Code, for the use   1,130        

of any sewer district, constructed under sections 6103.02 to       1,131        

6103.30 of the Revised Code THIS CHAPTER, and any part thereof,    1,132        

located within any municipal corporation or within any area which  1,134        

THAT may be incorporated as a municipal corporation or annexed to  1,135        

an existing municipal corporation, or which THAT provides water    1,136        

for such AN area, may by mutual agreement between the board of     1,137        

county commissioners and such THE municipal corporation MAY be     1,138        

conveyed to such THE municipal corporation, which shall            1,139        

thereafter maintain and operate such THE water supply and OR       1,141        

water-works.  The board may retain the right to joint use of such  1,142        

THE water supply and OR water-works for the benefit of the         1,143        

district.  The validity of any assessment which THAT has been      1,144        

levied or may thereafter be levied THEREAFTER to provide means     1,145        

                                                          27     

                                                                 
for the payment of the cost of such THE construction or            1,146        

maintenance of such THE water supply or water-works or any part    1,147        

thereof OF IT shall not be affected by such THE conveyance.        1,149        

      Sec. 6109.01.  As used in this chapter:                      1,158        

      (A)  "Public water system" means a system for the provision  1,160        

to the public of piped water for human consumption if the system   1,161        

has at least fifteen service connections or regularly serves at    1,162        

least twenty-five individuals.  "Public water system" includes     1,163        

any collection, treatment, storage, and distribution facilities    1,164        

under control of the operator of the system and used primarily in  1,165        

connection with the system, any collection or pretreatment         1,166        

storage facilities not under such control which THAT are used      1,167        

primarily in connection with the system, and any water supply      1,168        

system serving an agricultural labor camp as defined in section    1,169        

3733.41 of the Revised Code.                                       1,170        

      (B)  "Contaminant" means any physical, chemical,             1,172        

biological, or radiological substance or matter in water.          1,173        

      (C)  "Person" means the state, any political subdivision,    1,175        

agency, institution, or instrumentality thereof, any federal       1,176        

agency, and any person as defined in section 1.59 of the Revised   1,177        

Code.                                                              1,178        

      (D)  "Safe Drinking Water Act" means the "Safe Drinking      1,180        

Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), and            1,181        

regulations adopted thereunder, as amended BY THE "SAFE DRINKING   1,183        

WATER AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C. 300(f), THE    1,189        

"SAFE DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42    1,195        

U.S.C. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF      1,201        

1996," 110 STAT. 1613, 42 U.S.C. 300(f), AND REGULATIONS ADOPTED   1,204        

UNDER THOSE ACTS.                                                  1,205        

      (E)  "Community water system" means a public water system    1,207        

that has at least fifteen service connections used by year-round   1,208        

residents or that regularly serves at least twenty-five            1,209        

year-round residents.                                              1,210        

      (F)  "SMALL SYSTEM" MEANS A PUBLIC WATER SYSTEM SERVING A    1,213        

                                                          28     

                                                                 
POPULATION OF TEN THOUSAND OR FEWER INDIVIDUALS.                   1,214        

      (G)  "TECHNICAL ASSISTANCE" MEANS NONFINANCIAL ASSISTANCE    1,217        

PROVIDED BY THE STATE TO PUBLIC WATER SYSTEMS AND OTHER ELIGIBLE   1,218        

APPLICANTS, INCLUDING, WITHOUT LIMITATION, ASSISTANCE FOR          1,219        

PLANNING AND DESIGN, DEVELOPMENT, AND IMPLEMENTATION OF SOURCE     1,220        

WATER QUALITY PROTECTION PROGRAMS; LOCATING ALTERNATIVE SUPPLIES   1,221        

OF DRINKING WATER; OPERATIONAL TRAINING; RESTRUCTURING OR          1,222        

CONSOLIDATION OF SMALL SYSTEMS; PROVIDING TREATMENT INFORMATION    1,223        

IN ORDER TO ASSIST COMPLIANCE WITH A NATIONAL PRIMARY DRINKING     1,224        

WATER STANDARD; AND OTHER NONFINANCIAL ASSISTANCE AUTHORIZED BY    1,225        

THE REQUIREMENTS GOVERNING THE FUNDS ESTABLISHED UNDER THIS        1,226        

CHAPTER.                                                           1,227        

      (H)  "DISADVANTAGED COMMUNITY" MEANS THE SERVICE AREA OR     1,230        

PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM THAT MEETS      1,231        

AFFORDABILITY AND OTHER CRITERIA ESTABLISHED BY THE DIRECTOR OF    1,232        

ENVIRONMENTAL PROTECTION IN RULES ADOPTED UNDER DIVISION (M) OF    1,233        

SECTION 6109.22 OF THE REVISED CODE AND MAY INCLUDE THE SERVICE    1,236        

AREA OR PORTION OF A SERVICE AREA OF A PUBLIC WATER SYSTEM         1,237        

LOCATED IN A DISTRESSED AREA AS DEFINED IN SECTION 122.19 OF THE   1,238        

REVISED CODE.                                                      1,239        

      (I)  "DIRECTOR OF ENVIRONMENTAL PROTECTION" OR "DIRECTOR"    1,242        

INCLUDES AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR.             1,243        

      (J)  "FEDERAL WATER POLLUTION CONTROL ACT" HAS THE SAME      1,249        

MEANING AS IN SECTION 6111.01 OF THE REVISED CODE.                 1,251        

      Sec. 6109.04.  (A)  The director of environmental            1,260        

protection shall administer and enforce Chapter 6109. of the       1,261        

Revised Code THIS CHAPTER and rules adopted thereunder UNDER IT.   1,263        

      (B)  The director shall adopt, amend, and rescind such       1,265        

rules in accordance with Chapter 119. of the Revised Code as may   1,266        

be necessary or desirable to DO BOTH OF THE FOLLOWING:             1,267        

      (1)  Govern public water systems in order to protect the     1,269        

public health;                                                     1,270        

      (2)  Govern public water systems to protect the public       1,272        

welfare, including rules governing contaminants in water which     1,273        

                                                          29     

                                                                 
THAT may adversely affect the suitability of the water for its     1,274        

intended uses, or which THAT may otherwise adversely affect the    1,276        

public health or welfare.                                                       

      (C)  The director may DO ANY OR ALL OF THE FOLLOWING:        1,278        

      (1)  Adopt, amend, and rescind such rules in accordance      1,280        

with Chapter 119. of the Revised Code as may be necessary or       1,281        

desirable to DO ANY OR ALL OF THE FOLLOWING:                       1,282        

      (a)  Govern the granting of variances and exemptions from    1,284        

rules adopted under this chapter, subject to requirements of the   1,285        

Safe Drinking Water Act;                                           1,286        

      (b)  Govern the certification of operators of public water   1,288        

systems, including establishment of qualifications according to a  1,289        

classification of public water systems, and OF provisions for      1,290        

examination, grounds for revocation, reciprocity with other        1,291        

states, RENEWAL OF CERTIFICATION, and other provisions necessary   1,292        

or desirable for assurance of proper operation of water systems;   1,294        

      (c)  Carry out the powers and duties of the director under   1,296        

Chapter 6109. of the Revised Code THIS CHAPTER.                    1,297        

      (2)  Provide a program for the general supervision of        1,299        

operation and maintenance of public water systems;                 1,300        

      (3)  Maintain an inventory of public water systems;          1,302        

      (4)  Adopt and implement a program for conducting sanitary   1,304        

surveys of public water systems;                                   1,305        

      (5)  Establish and maintain a system of record keeping and   1,307        

reporting of activities of the environmental protection agency     1,308        

under Chapter 6109. of the Revised Code THIS CHAPTER;              1,309        

      (6)  Establish and maintain a program for the certification  1,311        

of laboratories conducting analyses of drinking water;             1,312        

      (7)  Issue, modify, and revoke orders as necessary to carry  1,314        

out the director's powers and duties under Chapter 6109. of the    1,315        

Revised Code THIS CHAPTER and primary enforcement responsibility   1,316        

for public water systems under the "Safe Drinking Water Act"."     1,318        

Orders issued under Chapter 6109. of the Revised Code THIS         1,320        

CHAPTER are subject to Chapter 119. of the Revised Code.           1,322        

                                                          30     

                                                                 
      (C)(D)  Before adopting, amending, or rescinding a rule      1,324        

authorized by Chapter 6109. of the Revised Code THIS CHAPTER, the  1,326        

director shall DO ALL OF THE FOLLOWING:                                         

      (1)  Mail notice to each statewide organization that he THE  1,328        

DIRECTOR determines represents persons who would be affected by    1,329        

the proposed rule, amendment, or repeal RESCISSION at least        1,330        

thirty-five days before any public hearing thereon;                1,332        

      (2)  Mail a copy of each proposed rule, amendment, or        1,334        

repeal RESCISSION to any person who requests a copy, within five   1,335        

days after receipt of the request;                                 1,337        

      (3)  Consult with appropriate state and local government     1,339        

agencies or their representatives, including statewide             1,340        

organizations of local government officials, industrial            1,341        

representatives, and other interested persons.  Although           1,342        

      ALTHOUGH the director is expected to discharge these duties  1,344        

diligently, failure to mail any such notice or copy, or to         1,345        

consult with any person does not invalidate any proceeding or      1,346        

action of the director.                                            1,347        

      Sec. 6109.07.  (A)  No person shall begin construction or    1,356        

installation of a public water system, or make a substantial       1,357        

change in a public water system, until plans therefor have been    1,358        

approved by the director of environmental protection under         1,359        

division (A)(1) or (2) of this section.                            1,360        

      (1)  Upon receipt of a proper application, the director      1,362        

shall consider the need for compliance with requirements of the    1,363        

Safe Drinking Water Act, and generally accepted standards for the  1,364        

construction and equipping of water systems, and shall issue an    1,365        

order approving or disapproving the plans.  In granting an         1,366        

approval, the director may stipulate conditions designed to        1,367        

ensure that the system will be able to meet the requirements of    1,368        

Chapter 6109. of the Revised Code THIS CHAPTER and rules adopted   1,369        

under it.                                                          1,370        

      (2)  The director may enter into an agreement with a         1,372        

political subdivision OR INVESTOR-OWNED PUBLIC UTILITY that owns   1,373        

                                                          31     

                                                                 
or operates a public water system and that intends to extend the   1,375        

distribution facilities of its system, to increase the number of   1,376        

service connections to its system, or to add distribution system   1,377        

pump stations or storage tanks in the distribution system, which   1,378        

agreement authorizes a qualified officer or employee of the        1,379        

political subdivision  OR INVESTOR-OWNED PUBLIC UTILITY, as        1,380        

determined by the director, to review plans for the extension of   1,382        

the distribution facilities, the increase in the number of         1,383        

service connections, or the addition of distribution system pump   1,384        

stations or storage tanks in the distribution system for           1,385        

compliance with this chapter and the rules adopted under it and    1,386        

to certify to the director whether the plans comply with this      1,387        

chapter and the rules adopted under it.  If, pursuant to such an   1,388        

agreement, the official or employee of the political subdivision   1,389        

OR INVESTOR-OWNED PUBLIC UTILITY designated in the agreement       1,390        

certifies to the director that the plans comply with this chapter  1,391        

and the rules adopted under it and if the plans and certification  1,392        

are accompanied by the applicable amount of the AN ADMINISTRATIVE  1,393        

SERVICE fee calculated in accordance with division (E) (N)(2) of   1,394        

section 3745.11 of the Revised Code, the director shall approve    1,395        

the plans without further review by issuance of an order as a      1,396        

final action.                                                      1,397        

      AS USED IN DIVISION (A)(2) OF THIS SECTION, "INVESTOR-OWNED  1,401        

PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT IS  1,402        

A WATER-WORKS COMPANY, AS DEFINED IN SECTION 4905.03 OF THE        1,403        

REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL     1,405        

CORPORATION OR OPERATED NOT-FOR-PROFIT.                                         

      (B)  No person shall construct or install a public water     1,407        

system, or make any substantial change in a public water system,   1,408        

that is not in accordance with plans approved by the director.     1,409        

      (C)  No person shall operate a public water system, and no   1,411        

person who is an owner of a public water system shall permit its   1,412        

operation, if the person knows or has reason to know that the      1,413        

system was constructed or installed, or that a substantial change  1,414        

                                                          32     

                                                                 
was made in the system, in violation of division (A) or (B) of     1,415        

this section, unless the person has obtained written               1,416        

authorization from the director to operate the system pursuant to  1,417        

division (D) of this section.                                      1,418        

      (D)  The director may issue a notice by certified mail to    1,420        

the operator or owner of a public water system that was            1,421        

constructed, installed, or changed in violation of this section,   1,422        

informing the operator or owner of the violation.  The director    1,423        

may issue an order authorizing the operator or owner to operate    1,424        

for ninety days, and he THE DIRECTOR may by order extend BY ORDER  1,426        

the authorization for periods as may be necessary to allow the                  

owner or operator to submit plans, obtain their approval, and      1,428        

make such changes in the system as may be necessary to bring the   1,429        

system into compliance with the approved plans.                    1,430        

      Sec. 6109.22.  (A)  THERE IS HEREBY CREATED THE DRINKING     1,433        

WATER ASSISTANCE FUND TO PROVIDE FINANCIAL AND TECHNICAL           1,434        

ASSISTANCE FOR THE PURPOSES OF PROTECTING PUBLIC HEALTH AND        1,435        

ACHIEVING AND MAINTAINING COMPLIANCE WITH THE SAFE DRINKING WATER  1,438        

ACT AND THIS CHAPTER.  IN ADDITION TO THE ACCOUNTS CREATED UNDER   1,440        

DIVISIONS (G) AND (H) OF THIS SECTION, THE DRINKING WATER          1,443        

ASSISTANCE FUND MAY INCLUDE ANY OTHER ACCOUNTS ESTABLISHED BY THE  1,444        

DIRECTOR OF ENVIRONMENTAL PROTECTION.  THE FUND SHALL BE           1,445        

ADMINISTERED BY THE DIRECTOR CONSISTENT WITH THE SAFE DRINKING     1,448        

WATER ACT, THIS SECTION, AND RULES ADOPTED UNDER DIVISION (M) OF   1,450        

THIS SECTION.                                                      1,451        

      (B)  THE DRINKING WATER ASSISTANCE FUND SHALL CONSIST OF     1,454        

THE MONEYS CREDITED TO IT FROM ALL CAPITALIZATION GRANTS RECEIVED  1,455        

UNDER THE SAFE DRINKING WATER ACT EXCEPT FOR MONEYS RESERVED BY    1,460        

THE GOVERNOR PURSUANT TO TITLE III, SECTION 302 OF THAT ACT, ALL   1,461        

MONEYS CREDITED TO THE FUND FROM NONFEDERAL SOURCES, INCLUDING,    1,462        

WITHOUT LIMITATION, THE PROCEEDS OF STATE BONDS OR NOTES ISSUED    1,463        

FOR THE BENEFIT OF THE FUND, ALL PAYMENTS OF PRINCIPAL AND         1,464        

INTEREST ON LOANS MADE FROM THE FUND, AND ALL INVESTMENT EARNINGS  1,465        

ON MONEYS HELD IN THE FUND.  ON OR BEFORE THE DATE THAT A          1,466        

                                                          33     

                                                                 
CAPITALIZATION GRANT PAYMENT MADE UNDER THE AUTHORITY OF THE SAFE  1,468        

DRINKING WATER ACT IS CREDITED TO THE FUND, REQUIRED MATCHING      1,472        

MONEYS SHALL BE CREDITED TO THE FUND.  ANY MONEYS TRANSFERRED TO   1,473        

OR RESERVED FROM THE DRINKING WATER ASSISTANCE FUND PURSUANT TO    1,474        

TITLE III, SECTION 302 OF THE SAFE DRINKING WATER ACT SHALL BE     1,479        

ACCOUNTED FOR SEPARATELY.                                          1,480        

      (C)  IN A MANNER CONSISTENT WITH THE SAFE DRINKING WATER     1,484        

ACT AND THE APPLICABLE DRINKING WATER ASSISTANCE MANAGEMENT PLAN   1,485        

PREPARED IN ACCORDANCE WITH THIS SECTION,  THE DIRECTOR MAY        1,487        

RESERVE AND AWARD FOR ASSISTANCE MONEYS ALLOTTED TO THE STATE      1,488        

UNDER SECTION 1452 OF THE SAFE DRINKING WATER ACT, PROVIDED THAT   1,492        

THE DIRECTOR MAKES A DETERMINATION THAT THE USE OF THE MONEYS      1,493        

WILL ACCOMPLISH THE STATE'S OBJECTIVES AND THE OBJECTIVES          1,494        

ESTABLISHED FOR CAPITALIZATION GRANTS UNDER THE SAFE DRINKING      1,498        

WATER ACT.  THE DIRECTOR MAY USE A PORTION OF THE RESERVED MONEYS  1,499        

TO ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS, INCLUDING    1,501        

PRIVATE NONPROFIT ORGANIZATIONS, TO PROVIDE STATEWIDE ON-SITE      1,502        

TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS.                1,503        

      (D)  SUBJECT TO THE TERMS OF THE AGREEMENTS PROVIDED FOR IN  1,506        

DIVISION (E) OF THIS SECTION, MONEYS IN THE DRINKING WATER         1,508        

ASSISTANCE FUND SHALL BE HELD IN TRUST BY THE OHIO WATER           1,509        

DEVELOPMENT AUTHORITY FOR THE PURPOSES OF THIS SECTION, SHALL BE   1,510        

KEPT IN THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE KEPT       1,511        

UNDER SECTION 6121.11 OF THE REVISED CODE, AND MAY BE INVESTED IN  1,513        

THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE INVESTED UNDER     1,514        

SECTION 6121.12 OF THE REVISED CODE.  MONEYS IN THE DRINKING       1,516        

WATER ASSISTANCE FUND SHALL BE SEPARATE AND APART FROM AND NOT A   1,517        

PART OF THE STATE TREASURY OR OF THE OTHER FUNDS OF THE            1,518        

AUTHORITY.  NO WITHDRAWALS OR DISBURSEMENTS SHALL BE MADE FROM     1,519        

THE DRINKING WATER ASSISTANCE FUND WITHOUT THE WRITTEN             1,520        

AUTHORIZATION OF THE DIRECTOR.                                     1,521        

      (E)  THE DIRECTOR SHALL ADOPT WRITTEN CRITERIA TO ENSURE     1,523        

THAT FISCAL CONTROLS ARE ESTABLISHED FOR PRUDENT ADMINISTRATION    1,525        

OF THE DRINKING WATER ASSISTANCE FUND.  FOR THAT PURPOSE, THE      1,526        

                                                          34     

                                                                 
DIRECTOR AND THE AUTHORITY SHALL ENTER INTO ANY NECESSARY AND      1,527        

APPROPRIATE AGREEMENTS UNDER WHICH THE AUTHORITY MAY PERFORM OR    1,528        

PROVIDE ANY OF THE FOLLOWING:                                                   

      (1)  FISCAL CONTROLS AND ACCOUNTING PROCEDURES GOVERNING     1,530        

FUND BALANCES, RECEIPTS, AND DISBURSEMENTS;                        1,531        

      (2)  ADMINISTRATION OF LOAN ACCOUNTS;                        1,533        

      (3)  MAINTENANCE, MANAGEMENT, AND INVESTMENT OF MONEYS IN    1,535        

THE FUND.                                                          1,536        

      ANY AGREEMENT ENTERED INTO UNDER DIVISION (E) OF THIS        1,539        

SECTION SHALL PROVIDE FOR THE PAYMENT OF REASONABLE FEES TO THE    1,540        

AUTHORITY FOR ANY SERVICES IT PERFORMS UNDER THE AGREEMENT AND     1,541        

MAY PROVIDE FOR REASONABLE FEES FOR THE ASSISTANCE OF FINANCIAL    1,542        

OR ACCOUNTING ADVISORS.  PAYMENT OF ANY OF THE FEES TO THE         1,543        

AUTHORITY MAY BE MADE FROM THE DRINKING WATER ASSISTANCE           1,544        

ADMINISTRATIVE ACCOUNT ESTABLISHED UNDER DIVISION (G) OF THIS      1,546        

SECTION.                                                                        

      (F)  THE AUTHORITY MAY MAKE MONEYS AVAILABLE TO THE          1,549        

DIRECTOR FOR THE PURPOSE OF PROVIDING MATCHING MONEYS REQUIRED TO  1,550        

BE CREDITED TO THE DRINKING WATER ASSISTANCE FUND UNDER DIVISION   1,551        

(B) OF THIS SECTION, SUBJECT TO ANY TERMS THAT THE DIRECTOR AND    1,553        

THE AUTHORITY CONSIDER APPROPRIATE, AND MAY PLEDGE MONEYS THAT     1,554        

ARE HELD BY THE AUTHORITY TO SECURE THE PAYMENT OF BONDS OR NOTES  1,555        

ISSUED BY THE AUTHORITY TO PROVIDE THOSE MATCHING MONEYS.          1,556        

      THE DIRECTOR AND THE AUTHORITY MAY ENTER INTO TRUST          1,558        

AGREEMENTS TO ENABLE THE AUTHORITY TO ISSUE AND REFUND BONDS OR    1,559        

NOTES FOR THE SOLE BENEFIT OF THE DRINKING WATER ASSISTANCE FUND,  1,561        

INCLUDING, WITHOUT LIMITATION, THE RAISING OF MATCHING MONEYS      1,562        

REQUIRED TO BE CREDITED TO THE FUND IN ACCORDANCE WITH DIVISION    1,563        

(B) OF THIS SECTION.  THE AGREEMENTS MAY AUTHORIZE THE PLEDGE OF   1,564        

MONEYS ACCRUING TO THE FUND FROM PAYMENTS OF PRINCIPAL OR          1,565        

INTEREST OR BOTH ON LOANS MADE FROM THE FUND TO SECURE BONDS OR    1,566        

NOTES, THE PROCEEDS OF WHICH BONDS OR NOTES SHALL BE FOR THE SOLE  1,567        

BENEFIT OF THE DRINKING WATER ASSISTANCE FUND.  THE AGREEMENTS     1,568        

MAY CONTAIN ANY TERMS THAT THE DIRECTOR AND THE AUTHORITY          1,569        

                                                          35     

                                                                 
CONSIDER REASONABLE AND PROPER FOR THE PAYMENT AND SECURITY OF     1,570        

THE BONDHOLDERS OR NOTEHOLDERS.                                    1,571        

      (G)  THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER   1,574        

ASSISTANCE FUND THE DRINKING WATER ASSISTANCE ADMINISTRATIVE       1,575        

ACCOUNT.  NO STATE MATCHING MONEYS DEPOSITED INTO THE FUND UNDER   1,577        

THIS SECTION SHALL BE USED FOR THE PURPOSE OF PAYING FOR OR        1,578        

DEFRAYING THE COSTS OF ADMINISTERING THIS SECTION.  THE DIRECTOR                

MAY ESTABLISH AND COLLECT FEES FROM APPLICANTS FOR ASSISTANCE      1,579        

PROVIDED UNDER THIS SECTION.  ALL MONEYS FROM THE FEES SHALL BE    1,580        

CREDITED TO THE DRINKING WATER ASSISTANCE ADMINISTRATIVE ACCOUNT   1,581        

IN THE FUND.  THE MONEYS SHALL BE USED SOLELY TO DEFRAY THE COSTS  1,582        

OF ADMINISTRATING THIS SECTION.                                                 

      (H)  THERE IS HEREBY ESTABLISHED WITHIN THE DRINKING WATER   1,585        

ASSISTANCE FUND THE WATER SUPPLY REVOLVING LOAN ACCOUNT.  THE      1,586        

DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE WATER SUPPLY    1,587        

REVOLVING LOAN ACCOUNT FOR IMPROVEMENTS TO COMMUNITY WATER         1,588        

SYSTEMS AND TO NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS.        1,589        

      (I)  ALL MONEYS FROM THE FUND CREDITED TO THE WATER SUPPLY   1,592        

REVOLVING LOAN ACCOUNT, ALL INTEREST EARNED ON MONEYS CREDITED TO  1,593        

THE ACCOUNT, AND ALL PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS   1,594        

MADE FROM THE ACCOUNT SHALL BE DEDICATED IN PERPETUITY AND USED    1,595        

AND REUSED SOLELY FOR THE FOLLOWING PURPOSES, EXCEPT AS OTHERWISE  1,596        

PROVIDED IN THIS SECTION:                                          1,597        

      (1)  TO MAKE LOANS TO COMMUNITY WATER SYSTEMS AND NONPROFIT  1,600        

NONCOMMUNITY PUBLIC WATER SYSTEMS, SUBJECT TO ALL OF THE           1,601        

FOLLOWING CONDITIONS:                                                           

      (a)  THE LOANS ARE MADE AT OR BELOW MARKET RATES OF          1,603        

INTEREST, INCLUDING, WITHOUT LIMITATION, INTEREST-FREE LOANS;      1,605        

      (b)  EACH RECIPIENT OF A LOAN SHALL ESTABLISH A DEDICATED    1,608        

SOURCE OF SECURITY OR REVENUE FOR REPAYMENT OF THE LOAN;           1,609        

      (c)  ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THE LOANS     1,612        

SHALL BE CREDITED TO THE WATER SUPPLY REVOLVING LOAN ACCOUNT.      1,613        

      (2)  TO PURCHASE OR REFINANCE AT OR BELOW MARKET RATES       1,615        

INTEREST DEBT OBLIGATIONS INCURRED AFTER JULY 1, 1993, BY          1,617        

                                                          36     

                                                                 
MUNICIPAL CORPORATIONS, OTHER POLITICAL SUBDIVISIONS, AND          1,618        

INTERSTATE AGENCIES HAVING TERRITORY IN THE STATE;                 1,619        

      (3)  TO GUARANTEE OR PURCHASE INSURANCE FOR DEBT             1,621        

OBLIGATIONS WHEN THE GUARANTEE OR INSURANCE WOULD IMPROVE THE      1,622        

BORROWER'S ACCESS TO CREDIT MARKETS OR WOULD REDUCE THE INTEREST   1,623        

PAID ON THOSE OBLIGATIONS;                                         1,624        

      (4)  AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT OF   1,627        

PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OR REVENUE BONDS OR   1,628        

NOTES ISSUED BY THIS STATE IF THE PROCEEDS OF THE SALE OF THE      1,629        

BONDS OR NOTES ARE OR WILL BE DEPOSITED INTO THE ACCOUNT;          1,630        

      (5)  TO PROVIDE SUBSIDIES IN ADDITION TO ANY OTHER           1,632        

FINANCIAL ASSISTANCE AFFORDED DISADVANTAGED COMMUNITIES UNDER      1,633        

THIS SECTION;                                                      1,634        

      (6) TO EARN INTEREST ON MONEYS CREDITED TO THE ACCOUNT;      1,637        

      (7)  TO PROVIDE ANY OTHER ASSISTANCE AUTHORIZED BY THE SAFE  1,640        

DRINKING WATER ACT.                                                1,643        

      (J)  THE DIRECTOR MAY PROVIDE FINANCIAL ASSISTANCE FROM THE  1,646        

WATER SUPPLY REVOLVING LOAN ACCOUNT AFTER DETERMINING ALL OF THE   1,647        

FOLLOWING:                                                                      

      (1)  THE APPLICANT FOR FINANCIAL ASSISTANCE HAS THE LEGAL,   1,649        

INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO CONSTRUCT,  1,651        

OPERATE, AND MAINTAIN ITS PUBLIC WATER SYSTEM AND THE PROPOSED     1,652        

IMPROVEMENTS TO IT;                                                             

      (2)  THE APPLICANT WILL IMPLEMENT A FINANCIAL MANAGEMENT     1,654        

PLAN THAT INCLUDES, WITHOUT LIMITATION, PROVISIONS FOR             1,655        

SATISFACTORY REPAYMENT OF THE FINANCIAL ASSISTANCE;                1,656        

      (3)  THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT FOR WHICH  1,659        

ASSISTANCE IS PROPOSED IS A PART IS ECONOMICALLY AND                            

NONMONETARILY COST-EFFECTIVE, BASED ON AN EVALUATION OF FEASIBLE   1,660        

ALTERNATIVES THAT MEET THE DRINKING WATER TREATMENT NEEDS OF THE   1,661        

PLANNING AREA IN WHICH THE PROPOSED PROJECT IS LOCATED;            1,662        

      (4)  BASED ON A COMPREHENSIVE ENVIRONMENTAL REVIEW APPROVED  1,665        

BY THE DIRECTOR, THERE ARE NO SIGNIFICANT ADVERSE ENVIRONMENTAL    1,666        

EFFECTS RESULTING FROM ALL NECESSARY IMPROVEMENTS TO THE PUBLIC    1,667        

                                                          37     

                                                                 
WATER SYSTEM OF WHICH THE PROJECT PROPOSED FOR ASSISTANCE IS A     1,668        

PART;                                                                           

      (5)  PUBLIC PARTICIPATION HAS OCCURRED DURING THE PROCESS    1,670        

OF PLANNING THE PROJECT IN COMPLIANCE WITH APPLICABLE              1,671        

REQUIREMENTS UNDER THE SAFE DRINKING WATER ACT;                    1,675        

      (6)  THE APPLICATION MEETS THE REQUIREMENTS OF THIS SECTION  1,678        

AND RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION AND IS        1,679        

CONSISTENT WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT AND    1,684        

REGULATIONS ADOPTED UNDER IT;                                      1,685        

      (7)  IF THE APPLICANT FOR ASSISTANCE IS A WATER DISTRICT     1,688        

FORMED UNDER CHAPTER 6119. OF THE REVISED CODE THAT OPERATES A     1,691        

PUBLIC WATER SYSTEM AND THAT WATER DISTRICT SEEKS TO EXTEND THE    1,692        

DISTRIBUTION FACILITIES, INCREASE THE NUMBER OF SERVICE            1,693        

CONNECTIONS TO ITS SYSTEM, OR PROVIDE FOR ANY OTHER EXPANSION OF   1,694        

ITS SYSTEM, THE WATER DISTRICT HAS CONSULTED WITH THE BOARD OF     1,695        

COUNTY COMMISSIONERS FROM EACH COUNTY IN WHICH IS LOCATED THE      1,696        

PROPOSED EXTENSION OF DISTRIBUTION FACILITIES, INCREASE IN THE     1,697        

NUMBER OF SERVICE CONNECTIONS, OR OTHER EXPANSION OF THE PUBLIC    1,698        

WATER SYSTEM;                                                      1,699        

      (8)  THE APPLICATION MEETS ANY OTHER REQUIREMENTS THAT THE   1,701        

DIRECTOR CONSIDERS NECESSARY OR APPROPRIATE TO PROTECT PUBLIC      1,702        

HEALTH AND THE ENVIRONMENT AND TO ENSURE THE FINANCIAL INTEGRITY   1,703        

OF THE WATER SUPPLY REVOLVING LOAN ACCOUNT.                        1,704        

      UPON APPROVAL BY THE DIRECTOR OF AN APPLICATION FOR          1,706        

FINANCIAL ASSISTANCE, THE OHIO WATER DEVELOPMENT AUTHORITY SHALL   1,708        

DISBURSE THE APPROPRIATE FINANCIAL ASSISTANCE FROM THE WATER       1,709        

SUPPLY REVOLVING LOAN ACCOUNT.  IF THE PROPOSED FINANCIAL          1,710        

ASSISTANCE IS A LOAN, AND IF THE PAYMENTS OF THE PRINCIPAL OR      1,711        

INTEREST ON THE LOAN ARE OR ARE EXPECTED TO BE PLEDGED TO SECURE   1,712        

PAYMENT OF BONDS ISSUED OR EXPECTED TO BE ISSUED BY THE            1,713        

AUTHORITY, THE DIRECTOR SHALL SUBMIT THE APPLICATION FOR THE LOAN  1,714        

TO THE AUTHORITY FOR REVIEW AND APPROVAL WITH RESPECT TO ANY       1,715        

MATTERS PERTAINING TO SECURITY FOR AND THE MARKETABILITY OF        1,716        

AUTHORITY BONDS.  REVIEW AND APPROVAL BY THE AUTHORITY SHALL BE    1,717        

                                                          38     

                                                                 
REQUIRED PRIOR TO THE MAKING OF SUCH A LOAN.                       1,718        

      (K)  IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (M) OF  1,722        

THIS SECTION, THE DIRECTOR PERIODICALLY SHALL PREPARE A DRINKING   1,723        

WATER ASSISTANCE MANAGEMENT PLAN ESTABLISHING THE SHORT-TERM AND   1,724        

LONG-TERM GOALS FOR THE ASSISTANCE PROVIDED UNDER THIS SECTION,    1,725        

THE ALLOCATION OF AVAILABLE RESOURCES FOR THE PURPOSES OF THIS     1,726        

SECTION, THE ENVIRONMENTAL, FINANCIAL, AND ADMINISTRATIVE TERMS,   1,727        

CONDITIONS, AND CRITERIA FOR THE AWARD OF FINANCIAL AND TECHNICAL  1,728        

ASSISTANCE UNDER THIS SECTION, AND THE INTENDED USES OF            1,729        

CAPITALIZATION GRANTS AND AVAILABLE MONEYS FROM THE DRINKING       1,730        

WATER ASSISTANCE FUND.  CRITERIA FOR AWARDING FINANCIAL OR         1,731        

TECHNICAL ASSISTANCE UNDER THIS SECTION SHALL NOT FAVOR OR         1,732        

DISFAVOR ANY NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEM MERELY     1,733        

BECAUSE IT IS OWNED BY, OPERATED BY, OR SERVICES A RELIGIOUS       1,734        

ORGANIZATION OR A FACILITY USED FOR RELIGIOUS PURPOSES.  PRIOR TO  1,735        

ITS ADOPTION, THE DIRECTOR SHALL MAKE THE DRINKING WATER           1,737        

ASSISTANCE MANAGEMENT PLAN AVAILABLE FOR PUBLIC REVIEW AND         1,739        

COMMENT AT A MINIMUM OF TWO PUBLIC MEETINGS AND SHALL TAKE         1,740        

ADEQUATE STEPS TO ENSURE THAT REASONABLE PUBLIC NOTICE OF EACH     1,741        

PUBLIC MEETING IS GIVEN AT LEAST THIRTY DAYS PRIOR TO THE          1,742        

MEETING.                                                                        

      THE PLAN SHALL INCLUDE, WITHOUT LIMITATION, A SYSTEM THAT    1,744        

PRIORITIZES PROJECTS FUNDED BY THE WATER SUPPLY REVOLVING LOAN     1,745        

ACCOUNT BASED ON THE RELATIVE RISK TO HUMAN HEALTH BEING           1,746        

ADDRESSED, THEIR NECESSITY FOR ENSURING COMPLIANCE WITH            1,747        

REQUIREMENTS OF THE SAFE DRINKING WATER ACT, AND THEIR             1,751        

AFFORDABILITY TO THE APPLICANTS, AS DETERMINED BY THE DIRECTOR.    1,752        

FINANCIAL ASSISTANCE FOR PROJECTS FROM THE WATER SUPPLY REVOLVING  1,753        

LOAN ACCOUNT SHALL BE LIMITED TO PROJECTS THAT ARE INCLUDED IN     1,754        

THAT PRIORITIZATION AND SHALL BE AWARDED BASED UPON THEIR          1,755        

PRIORITY POSITION AND THE APPLICANTS' READINESS TO PROCEED WITH    1,756        

THEIR PROPOSED ACTIVITIES AS DETERMINED BY THE DIRECTOR.  THE      1,757        

DRINKING WATER ASSISTANCE MANAGEMENT PLAN SHALL INCLUDE TERMS,     1,758        

CONDITIONS, AMOUNTS OF MONEYS, AND QUALIFYING CRITERIA, IN         1,759        

                                                          39     

                                                                 
ADDITION TO ANY OTHER CRITERIA ESTABLISHED UNDER THIS SECTION,     1,760        

GOVERNING THE FINANCIAL ASSISTANCE TO BE AWARDED TO APPLICANTS     1,761        

FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT.  THE DIRECTOR SHALL  1,762        

DETERMINE THE MOST EFFECTIVE USE OF THE MONEYS IN THAT ACCOUNT TO  1,764        

ACHIEVE THE STATE'S DRINKING WATER ASSISTANCE GOALS AND                         

OBJECTIVES.                                                        1,765        

      (L)  THE DIRECTOR, CONSISTENT WITH THIS SECTION AND          1,768        

APPLICABLE RULES ADOPTED UNDER DIVISION (M) OF THIS SECTION, MAY   1,770        

ENTER INTO AN AGREEMENT WITH AN APPLICANT FOR ASSISTANCE FROM THE  1,771        

DRINKING WATER ASSISTANCE FUND.  BASED ON THE DIRECTOR'S REVIEW    1,772        

AND APPROVAL OF THE PROJECT PLANS SUBMITTED UNDER SECTION 6109.07  1,773        

OF THE REVISED CODE, ANY DETERMINATIONS MADE UNDER DIVISION (J)    1,776        

OF THIS SECTION IF AN APPLICANT SEEKS FUNDING FROM THE WATER       1,777        

SUPPLY REVOLVING LOAN ACCOUNT, AND ANY OTHER REQUIREMENTS OF THIS  1,778        

SECTION AND RULES ADOPTED UNDER IT, THE DIRECTOR MAY ESTABLISH IN  1,780        

THE AGREEMENT ENVIRONMENTAL AND FINANCIAL TERMS AND CONDITIONS OF  1,781        

THE FINANCIAL ASSISTANCE TO BE OFFERED TO THE APPLICANT.  IF THE   1,782        

RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS SECTION DEFAULTS ON   1,783        

ANY PAYMENT REQUIRED IN THE AGREEMENT FOR FINANCIAL ASSISTANCE OR  1,784        

OTHERWISE VIOLATES A TERM OR CONDITION OF THE AGREEMENT OR OF THE  1,785        

PLAN APPROVAL FOR THE PROJECT UNDER SECTION 6109.07 OF THE         1,786        

REVISED CODE, THE DIRECTOR, IN ADDITION TO ANY OTHER AVAILABLE     1,788        

REMEDIES, MAY TERMINATE, SUSPEND, OR REQUIRE IMMEDIATE REPAYMENT   1,789        

OF THE FINANCIAL ASSISTANCE.  THE DIRECTOR ALSO MAY TAKE ANY       1,790        

ENFORCEMENT ACTION AVAILABLE UNDER THIS CHAPTER.                   1,791        

      (M)  THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH         1,794        

CHAPTER 119. OF THE REVISED CODE FOR THE IMPLEMENTATION AND        1,796        

ADMINISTRATION OF THIS SECTION.  THE RULES SHALL BE CONSISTENT     1,797        

WITH SECTION 1452 OF THE SAFE DRINKING WATER ACT.                  1,801        

      (N)(1)  FOR THE PURPOSES OF THIS SECTION, APPEALABLE         1,804        

ACTIONS OF THE DIRECTOR PURSUANT TO SECTION 3745.04 OF THE         1,805        

REVISED CODE ARE LIMITED TO THE FOLLOWING:                         1,807        

      (a)  ADOPTION OF THE DRINKING WATER ASSISTANCE MANAGEMENT    1,810        

PLAN PREPARED UNDER DIVISION (K) OF THIS SECTION;                  1,811        

                                                          40     

                                                                 
      (b)  APPROVAL OF PRIORITY SYSTEMS, PRIORITY LISTS, AND       1,814        

WRITTEN PROGRAM ADMINISTRATION POLICIES;                                        

      (c)  APPROVAL OR DISAPPROVAL UNDER THIS SECTION OF           1,816        

APPLICANTS' PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 OF THE   1,817        

REVISED CODE;                                                      1,819        

      (d)  APPROVAL OR DISAPPROVAL OF AN APPLICATION FOR           1,822        

ASSISTANCE.                                                                     

      (2)  NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE,     1,826        

THE DIRECTOR MAY TAKE THE FINAL ACTIONS DESCRIBED IN DIVISIONS     1,828        

(N)(1)(a) TO (d) OF THIS SECTION WITHOUT HOLDING AN ADJUDICATION   1,830        

HEARING IN CONNECTION WITH THE ACTION AND WITHOUT FIRST ISSUING A  1,831        

PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED CODE.         1,833        

      (3)  EACH ACTION DESCRIBED IN DIVISIONS (N)(1)(a) TO (d) OF  1,837        

THIS SECTION AND EACH APPROVAL OF A PLAN UNDER SECTION 6109.07 OF  1,838        

THE REVISED CODE IS A SEPARATE AND DISCRETE ACTION OF THE          1,841        

DIRECTOR.  APPEALS ARE LIMITED TO THE ISSUES CONCERNING THE        1,842        

SPECIFIC ACTION APPEALED.  ANY APPEAL SHALL NOT INCLUDE ISSUES     1,843        

DETERMINED UNDER THE SCOPE OF ANY PRIOR ACTION.                    1,844        

      (O)  THE FAILURE OR INABILITY OF A PUBLIC WATER SYSTEM TO    1,847        

OBTAIN ASSISTANCE UNDER THIS SECTION DOES NOT ALTER THE            1,848        

OBLIGATION OF THE PUBLIC WATER SYSTEM TO COMPLY WITH ALL           1,849        

APPLICABLE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER    1,850        

IT.                                                                             

      Sec. 6109.23.  TO THE EXTENT REQUIRED BY THE SAFE DRINKING   1,855        

WATER ACT, THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ADOPT,     1,858        

AMEND, AND RESCIND RULES PURSUANT TO SECTION 6109.04 OF THE        1,860        

REVISED CODE PROVIDING FOR THE ADMINISTRATIVE ASSESSMENT AND       1,862        

COLLECTION OF MONETARY PENALTIES FOR FAILURE TO COMPLY WITH THIS   1,864        

CHAPTER OR RULES ADOPTED UNDER IT.  FOR PUBLIC WATER SYSTEMS                    

SERVING POPULATIONS OF MORE THAN TEN THOUSAND, A MONETARY PENALTY  1,865        

ASSESSED UNDER THIS SECTION SHALL BE NOT LESS THAN ONE THOUSAND    1,866        

DOLLARS FOR EACH DAY OF EACH VIOLATION, BUT IN NO CASE SHALL THE   1,867        

TOTAL AMOUNT OF MONETARY PENALTY EXCEED TEN THOUSAND DOLLARS PER   1,868        

VIOLATION.  FOR PUBLIC WATER SYSTEMS SERVING POPULATIONS OF TEN    1,870        

                                                          41     

                                                                 
THOUSAND OR FEWER, THE RULES ADOPTED UNDER THIS SECTION SHALL      1,871        

ESTABLISH A METHODOLOGY FOR CALCULATING THE MONETARY PENALTY       1,872        

BASED ON THE SIZE OF THE SYSTEM, THE THREAT TO PUBLIC HEALTH       1,873        

PRESENTED BY THE FAILURE TO COMPLY, AND OTHER FACTORS THAT MAY BE  1,874        

NECESSARY TO ENSURE COMPLIANCE WITH THIS CHAPTER AND RULES         1,875        

ADOPTED UNDER IT, BUT IN NO CASE SHALL THE TOTAL AMOUNT OF         1,876        

MONETARY PENALTY EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS PER      1,877        

VIOLATION.  FOR THE PURPOSES OF THIS SECTION, THE DIRECTOR MAY     1,879        

REQUIRE THE SUBMISSION OF COMPLIANCE SCHEDULES AND RELATED                      

INFORMATION.                                                       1,880        

      ANY ORDERS, PAYMENTS, SANCTIONS, OR OTHER REQUIREMENTS       1,883        

IMPOSED PURSUANT TO RULES ADOPTED UNDER THIS SECTION ARE IN        1,884        

ADDITION TO ANY OTHER ORDERS, PAYMENTS, SANCTIONS, OR              1,885        

REQUIREMENTS ISSUED OR IMPOSED UNDER THIS CHAPTER AND RULES        1,886        

ADOPTED UNDER IT AND SHALL NOT AFFECT ANY CIVIL OR CRIMINAL        1,887        

ENFORCEMENT PROCEEDINGS BROUGHT UNDER THIS CHAPTER, RULES ADOPTED  1,888        

UNDER IT, OR ANY OTHER STATE OR LOCAL LAW.  MONEYS COLLECTED       1,889        

PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DRINKING WATER   1,890        

PROTECTION FUND CREATED IN SECTION 6109.30 OF THE REVISED CODE.    1,892        

      Sec. 6109.24.  A PUBLIC WATER SYSTEM THAT IS A COMMUNITY     1,895        

WATER SYSTEM, OR THAT IS NOT A COMMUNITY WATER SYSTEM AND SERVES   1,896        

A NONTRANSIENT POPULATION, AND THAT PROPOSES TO COMMENCE           1,897        

PROVIDING WATER TO THE PUBLIC AFTER OCTOBER 1, 1999, SHALL         1,899        

INCLUDE WITH THE SUBMISSION OF PLANS REQUIRED UNDER SECTION        1,900        

6109.07 OF THE REVISED CODE DOCUMENTATION THAT DEMONSTRATES THE    1,903        

TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY OF THE SYSTEM TO   1,904        

COMPLY WITH THIS CHAPTER AND RULES ADOPTED UNDER IT.  THE          1,905        

DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL ADOPT, AND MAY AMEND    1,906        

AND RESCIND, RULES PURSUANT TO SECTION 6109.04 OF THE REVISED      1,909        

CODE ESTABLISHING REQUIREMENTS GOVERNING THE DEMONSTRATION OF      1,910        

TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY FOR THE PURPOSES   1,911        

OF THIS SECTION.                                                   1,912        

      THE DIRECTOR MAY DENY APPROVAL OF PLANS SUBMITTED UNDER      1,915        

SECTION 6109.07 OF THE REVISED CODE IF THE PUBLIC WATER SYSTEM     1,918        

                                                          42     

                                                                 
THAT SUBMITTED THE PLANS FAILS TO DEMONSTRATE TECHNICAL,           1,919        

MANAGERIAL, AND FINANCIAL CAPABILITY IN ACCORDANCE WITH THIS       1,920        

SECTION AND RULES ADOPTED UNDER IT.                                1,921        

      Sec. 6111.14.  The director of environmental protection may  1,930        

enter into an agreement with a political subdivision OR            1,931        

INVESTOR-OWNED PUBLIC UTILITY that owns or operates a disposal     1,932        

system and that intends to extend the sewerage lines of its        1,934        

disposal system or to increase the number of service connections   1,935        

to its sewerage system, which agreement authorizes a qualified     1,936        

official or employee of the political subdivision OR               1,937        

INVESTOR-OWNED PUBLIC UTILITY, as determined by the director, to   1,938        

review plans for the extension of the sewerage system or increase  1,939        

in the number of service connections for compliance with this      1,940        

chapter and the rules adopted under it and to certify to the       1,941        

director whether the plans comply with this chapter and the rules  1,942        

adopted under it. If, pursuant to such an agreement, the official  1,943        

or employee of the political subdivision OR INVESTOR-OWNED PUBLIC  1,944        

UTILITY designated in the agreement certifies to the director      1,946        

that the plans comply with this chapter and the rules adopted      1,947        

under it and if the plans and certification are accompanied by     1,948        

the applicable amount of the AN ADMINISTRATIVE SERVICE fee         1,949        

calculated in accordance with division (C)(2) (L)(4) of section    1,950        

3745.11 of the Revised Code, the director, by final action, shall  1,951        

approve the plans without further review.  The director or his     1,952        

THE DIRECTOR'S authorized representative may inspect the           1,954        

construction or installation of an extension of a sewerage system  1,955        

or additional service connections for which plans have been        1,956        

approved under this section.                                                    

      The approval of plans by the director pursuant to this       1,958        

section constitutes the approval of the plans for the purposes of  1,959        

any rules adopted under division (E) of section 6111.03 of the     1,960        

Revised Code that require the approval of plans for extensions of  1,961        

sewerage systems or increases in the number of service             1,962        

connections to sewerage systems.                                   1,963        

                                                          43     

                                                                 
      AS USED IN THIS SECTION, "INVESTOR-OWNED PUBLIC UTILITY"     1,965        

MEANS A  PERSON, OTHER THAN AN INDIVIDUAL, THAT IS A SEWAGE        1,967        

DISPOSAL SYSTEM COMPANY, AS DEFINED IN SECTION 4905.03 OF THE      1,968        

REVISED CODE, AND THAT IS NOT OWNED OR OPERATED BY A MUNICIPAL     1,969        

CORPORATION OR OPERATED NOT-FOR-PROFIT.                                         

      Sec. 6121.01.  As used in this chapter:                      1,978        

      (A) "Beneficial use" means a use of water, including the     1,980        

method of diversion, storage, transportation, treatment, and       1,981        

application, that is reasonable and consistent with the public     1,982        

interest in the proper utilization of water resources, including,  1,983        

without limitation, domestic, agricultural, industrial, power,     1,984        

municipal, navigational, fish and wildlife, and recreational       1,985        

uses.                                                              1,986        

      (B)  "Governmental agencies" means departments, divisions,   1,988        

or other units of state government, watershed districts, soil and  1,989        

water conservation districts, municipal corporations, counties,    1,990        

townships, and other political subdivisions, special water         1,991        

districts, including county and regional sewer and water           1,992        

districts, conservancy districts, sanitary districts, sewer        1,993        

districts, or any other public corporation or agency having the    1,994        

authority to acquire, construct, or operate waste water or water   1,995        

management facilities, the United States or any agency thereof,    1,996        

and any agency, commission, or authority established pursuant to   1,997        

an interstate compact or agreement.                                1,998        

      (C)  "Person" means any individual, firm, partnership,       2,000        

association, or corporation, or two or more or any combination     2,001        

thereof.                                                           2,002        

      (D)  "Waters of the state" means all streams, lakes, ponds,  2,004        

marshes, watercourses, waterways, wells, springs, irrigation       2,005        

systems, drainage systems, and all other bodies or accumulations   2,006        

of water, surface and underground, natural or artificial, which    2,007        

THAT are situated wholly or partly within, or border upon, this    2,008        

state, or are within its jurisdiction, except those private        2,009        

waters which THAT do not combine or effect a junction with         2,010        

                                                          44     

                                                                 
natural surface or underground waters.                             2,012        

      (E)  "Water resources" means all waters of the state         2,014        

occurring on the surface in natural or artificial channels,        2,015        

lakes, reservoirs, or impoundments, and underground in subsurface  2,016        

aquifers, which THAT are available or may be made available to     2,017        

agricultural, industrial, commercial, recreational, public, and    2,018        

domestic users.                                                    2,019        

      (F)  "Project" or "water development project" means any      2,021        

EITHER of the following:                                           2,022        

      (1)  Any waste water facility or water management facility,  2,024        

including undivided or other interests therein, acquired or        2,025        

constructed or to be acquired or constructed by the Ohio water     2,026        

development authority under this chapter, or acquired or           2,027        

constructed or to be acquired or constructed by a governmental     2,028        

agency or person with all or a portion of the cost thereof being   2,029        

paid from a loan or grant from the authority under this chapter,   2,030        

including all buildings and facilities which THAT the authority    2,031        

deems CONSIDERS necessary for the operation of the project,        2,032        

together with all property, rights, easements, and interest which  2,034        

THAT may be required for the operation of the project;             2,035        

      (2)  Any project or activity qualifying for financial        2,037        

assistance under section 6109.22, 6111.036, or 6111.037 of the     2,038        

Revised Code.                                                      2,039        

      (G)  "Pollution" means the placing of any noxious or         2,041        

deleterious substances in any waters of the state or otherwise     2,042        

affecting the waters or properties of any waters of the state,     2,043        

including the temperature or radioactivity thereof, in a manner    2,044        

which THAT is or renders such THE waters harmful or inimical to    2,046        

the public health, or to animal or aquatic life, or to the use of  2,047        

such THE waters for domestic water supply, industrial, or          2,048        

agricultural purposes, or recreation.                                           

      (H)  "Sewage" means any substance that contains any of the   2,050        

waste products or excrementitious or other discharge from the      2,051        

bodies of human beings or animals, which AND THAT pollutes the     2,052        

                                                          45     

                                                                 
waters of the state, or which THAT in the absence of a waste       2,054        

water facility would pollute or cause greater pollution of the     2,055        

waters of the state.                                               2,056        

      (I)  "Industrial waste" means any liquid, gaseous, or solid  2,058        

waste substance, heat, radioactivity, or radiation, resulting      2,059        

from any process of industry, manufacture, trade, or business, or  2,060        

from the development, processing, or recovery of any natural       2,061        

resource, together with such sewage as is present, which THAT      2,062        

pollutes the waters of the state, or which THAT in the absence of  2,064        

a waste water facility would pollute or cause greater pollution    2,066        

of the waters of the state.                                        2,067        

      (J)  "Waste water" means any water containing sewage or      2,069        

industrial waste or other pollutants or contaminants derived from  2,070        

the prior use of such THE water.                                   2,071        

      (K)  "Waste water facilities" means facilities, property,    2,073        

or the modification or replacement of property, for the purpose    2,074        

of treating, neutralizing, disposing of, stabilizing, dispersing,  2,075        

cooling, segregating, or holding waste water, or for the removal,  2,076        

reduction, containment, alteration, storage, or disposal of        2,077        

sewage or industrial waste or substances containing sewage or      2,078        

industrial waste, or FOR the prevention or reduction, or           2,079        

reduction of the concentration, of pollution of the waters of the  2,080        

state, including, without limitation, facilities for the           2,081        

withdrawal of waters of the state, facilities for the treatment    2,082        

and disposal of sewage or industrial waste and the residue         2,083        

thereof, facilities for the temporary or permanent impoundment of  2,084        

waste water, both surface and underground, and sanitary sewers     2,085        

and other systems, whether on the surface or underground,          2,086        

designed to transport waste water together with the equipment and  2,087        

furnishings thereof and their appurtenances and systems, whether   2,088        

on the surface or underground, including force mains and pumping   2,089        

facilities therefor when necessary, and facilities or              2,090        

expenditures which THAT qualify as water pollution control         2,091        

facilities under Section 103(C) (4) (F) of the Internal Revenue    2,092        

                                                          46     

                                                                 
Code of 1954, as amended, and regulations ADOPTED thereunder, and  2,093        

further ALSO includes any property or system to be used in whole   2,095        

or in part for any of the aforesaid FOREGOING purposes, whether    2,096        

or not another purpose is also served, and any property or system  2,098        

incidental to or which THAT has to do with or the end purpose of   2,100        

which is any of the foregoing.  Waste water facilities as defined  2,101        

in this division for industry, commerce, distribution, or          2,102        

research, including public utility companies, are hereby           2,103        

determined to be those which THAT qualify as facilities for the    2,105        

control of water pollution and thermal pollution related to water  2,106        

under Section 13 of Article VIII, Ohio Constitution.                            

      (L)  "Water management facilities" means facilities for the  2,108        

development, use, and protection of water resources, including,    2,109        

without limitation, facilities for water supply, facilities for    2,110        

stream flow improvement, dams, reservoirs, and other               2,111        

impoundments, water transmission lines, water wells and well       2,112        

fields, pumping stations and works for underground water           2,113        

recharge, facilities for the management and treatment of storm     2,114        

water, stream monitoring systems, facilities for the               2,115        

stabilization of stream and river banks, and facilities for the    2,116        

treatment of streams and rivers, including, without limitation,    2,117        

facilities for the removal of oil, debris, and other solid waste   2,118        

from the waters of the state and stream and river aeration         2,119        

facilities.                                                        2,120        

      (M)  "Cost" as applied to water development project means    2,122        

the cost of acquisition and construction, the cost of acquisition  2,123        

of all land, rights-of-way, property rights, easements, franchise  2,124        

rights, and interests required for such THAT acquisition and       2,125        

construction, the cost of demolishing or removing any buildings    2,126        

or structures on land so acquired, including the cost of           2,127        

acquiring any lands to which such THE buildings or structures may  2,129        

be moved, the cost of acquiring or constructing and equipping a    2,130        

principal office and sub-offices of the authority, the cost of     2,131        

diverting highways, interchange of highways, OR access roads to    2,132        

                                                          47     

                                                                 
private property, including the cost of land or easements          2,133        

therefor, the cost of all machinery, furnishings, and equipment,   2,134        

financing charges, interest prior to and during construction and   2,135        

for no more than eighteen months after completion of               2,136        

construction, engineering COSTS, expenses of research and          2,137        

development with respect to waste water or water management        2,138        

facilities, legal expenses, THE COST OF plans, specifications,     2,139        

AND surveys, estimates of cost and revenues, working capital,      2,141        

other expenses necessary or incident to determining the            2,142        

feasibility or practicability of acquiring or constructing any     2,143        

such project, administrative expense, and such other expense as    2,144        

may be necessary or incident to the acquisition or construction    2,145        

of the project, the financing of such THE acquisition or           2,146        

construction including the amount authorized in the resolution of  2,147        

the authority providing for the issuance of water development                   

revenue bonds to be paid into any special funds from the proceeds  2,148        

of such THE bonds, and the financing of the placing of any such    2,150        

project in operation.  Any obligation, cost, or expense incurred   2,151        

by any governmental agency or person for surveys, borings,         2,152        

preparation of plans and specifications, and other engineering     2,153        

services, or any other costs described above, in connection with   2,154        

the acquisition or construction of a project may be regarded as a  2,155        

part of the cost of such THE project and may be reimbursed out of  2,157        

the proceeds of water development revenue bonds as authorized by   2,158        

this chapter.                                                      2,159        

      (N)  "Owner" includes all individuals, copartnerships,       2,161        

associations, corporations, or governmental agencies having any    2,162        

title or interest in any property rights, easements, and           2,163        

interests authorized to be acquired by this chapter.               2,164        

      (O)  "Revenues" means all rentals and other charges for the  2,166        

use or services of any water development project, any gift or      2,167        

grant received with respect thereto, including, without            2,168        

limitation, any moneys received by the authority pursuant to an    2,169        

agreement entered into under section 6109.22, 6111.036, or         2,170        

                                                          48     

                                                                 
6111.037 of the Revised Code, any moneys received with respect to  2,172        

the lease, sublease, sale, including installment sale or           2,173        

conditional sale, or conditional sale, or other disposition of a   2,174        

project, moneys received in repayment of and for interest on any   2,175        

loan made by the authority to a person or governmental agency,     2,176        

whether from the United States or a department, administration,    2,177        

or agency thereof, or otherwise, proceeds of such bonds to the     2,178        

extent of THAT use thereof for payment of principal of, premium    2,181        

if any, or interest on the bonds is authorized by the authority,   2,182        

proceeds from any insurance, condemnation, or guaranty pertaining  2,183        

to a project or property mortgaged to secure bonds or pertaining   2,184        

to the financing of the project, and income and profit from the    2,185        

investment of the proceeds of water development revenue bonds or   2,186        

of any revenues.                                                                

      (P)  "Public roads" includes all public highways, roads,     2,188        

and streets in the state, whether maintained by the state,         2,189        

county, municipal corporation, township, or other political        2,190        

subdivision.                                                       2,191        

      (Q)  "Public utility facilities" includes tracks, pipes,     2,193        

mains, conduits, cables, wires, towers, poles, and other           2,194        

equipment and appliances of any public utility.                    2,195        

      (R)  "Construction," unless the context indicates a          2,197        

different meaning or intent, includes reconstruction,              2,198        

enlargement, improvement, or providing furnishings or equipment.   2,199        

      (S)  "Water development revenue bonds," unless the context   2,201        

indicates a different meaning or intent, includes water            2,202        

development revenue notes, water development revenue renewal       2,203        

notes, and water development revenue refunding bonds, except that  2,204        

notes issued in anticipation of the issuance of bonds shall have   2,205        

a maximum maturity of five years as provided in section 6121.06    2,206        

of the Revised Code and notes or renewal notes issued as the       2,207        

definitive obligation may be issued maturing at such time or       2,208        

times as the authority determines with a maximum maturity of       2,209        

forty years from the date of issuance of the original note.        2,210        

                                                          49     

                                                                 
      Sec. 6121.04.  The Ohio water development authority may DO   2,219        

ANY OR ALL OF THE FOLLOWING:                                       2,220        

      (A)  Adopt bylaws for the regulation of its affairs and the  2,222        

conduct of its business;                                           2,223        

      (B)  Adopt an official seal;                                 2,225        

      (C)  Maintain a principal office and suboffices at such      2,227        

places within the state as THAT it designates;                     2,228        

      (D)  Sue and plead in its own name;, AND be sued and         2,230        

impleaded in its own name with respect to its contracts or torts   2,232        

of its members, employees, or agents acting within the scope of    2,233        

their employment, or to enforce its obligations and covenants      2,234        

made under sections 6121.06, 6121.08, and 6121.13 of the Revised   2,235        

Code. Any such actions against the authority shall be brought in   2,236        

the court of common pleas of the county in which the principal     2,237        

office of the authority is located, or in the court of common      2,238        

pleas of the county in which the cause of action arose, provided   2,239        

such THAT THE county is located within this state, and all         2,240        

summonses, exceptions, and notices of every kind shall be served   2,241        

on the authority by leaving a copy thereof at the principal        2,242        

office with the person in charge thereof or with the               2,243        

secretary-treasurer of the authority.                              2,244        

      (E)  Make loans and grants to governmental agencies for the  2,246        

acquisition or construction of water development projects by any   2,247        

such governmental agency and adopt rules and procedures for        2,248        

making such loans and grants;                                      2,249        

      (F)  Acquire, construct, reconstruct, enlarge, improve,      2,251        

furnish, equip, maintain, repair, operate, OR lease or rent to,    2,252        

or contract for operation by, a governmental agency or person,     2,253        

water development projects, and establish rules for the use of     2,254        

such projects;                                                     2,255        

      (G)  Make available the use or services of any water         2,257        

development project to one or more persons, one or more            2,258        

governmental agencies, or any combination thereof;                 2,259        

      (H)  Issue water development revenue bonds and notes and     2,261        

                                                          50     

                                                                 
water development revenue refunding bonds of the state, payable    2,262        

solely from revenues as provided in section 6121.06 of the         2,263        

Revised Code, unless the bonds are refunded by refunding bonds,    2,264        

for the purpose of paying any part of the cost of one or more      2,265        

water development projects or parts thereof;                       2,266        

      (I)  Acquire by gift or purchase, hold, and dispose of real  2,268        

and personal property in the exercise of its powers and the        2,269        

performance of its duties under sections 6121.01 to 6121.22 of     2,270        

the Revised Code THIS CHAPTER;                                     2,271        

      (J)  Acquire, in the name of the state, by purchase or       2,273        

otherwise, on such terms and in such manner as it considers        2,274        

proper, or by the exercise of the right of condemnation in the     2,275        

manner provided by section 6121.18 of the Revised Code, such       2,276        

public or private lands, including public parks, playgrounds, or   2,277        

reservations, or parts thereof or rights therein, rights-of-way,   2,278        

property, rights, easements, and interests as it considers         2,279        

necessary for carrying out sections 6121.01 to 6121.22 of the      2,280        

Revised Code THIS CHAPTER, but excluding the acquisition by the    2,281        

exercise of the right of condemnation of any waste water facility  2,283        

or water management facility owned by any person or governmental   2,284        

agency, and compensation shall be paid for public or private       2,285        

lands so taken, except that a government-owned waste water         2,286        

facility may be appropriated in accordance with section 6121.041   2,287        

of the Revised Code;                                               2,288        

      (K)  Adopt rules to protect augmented flow in waters of the  2,290        

state, to the extent augmented by a water development project,     2,291        

from depletion so it will be available for beneficial use, and to  2,292        

provide standards for the withdrawal from waters of the state of   2,293        

the augmented flow created by a water development project which    2,294        

THAT is not returned to the waters of the state so augmented and   2,295        

to establish reasonable charges therefor if considered necessary   2,296        

by the authority;                                                  2,297        

      (L)  Make and enter into all contracts and agreements and    2,299        

execute all instruments necessary or incidental to the             2,300        

                                                          51     

                                                                 
performance of its duties and the execution of its powers under    2,301        

this chapter; IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:       2,303        

      (1)  When the cost under any such contract or agreement,     2,305        

other than compensation for personal services, involves an         2,306        

expenditure of more than ten thousand dollars, the authority       2,307        

shall make a written contract with the lowest responsive and       2,308        

responsible bidder, in accordance with section 9.312 of the        2,309        

Revised Code, after advertisement for not less than two            2,310        

consecutive weeks in a newspaper of general circulation in         2,311        

Franklin county, and in such other publications as the authority   2,312        

determines, which notice shall state the general character of the  2,313        

work and the general character of the materials to be furnished,   2,314        

the place where plans and specifications therefor may be           2,315        

examined, and the time and place of receiving bids;, provided,     2,317        

that a contract or lease for the operation of a water development  2,318        

project constructed and owned by the authority or an agreement     2,319        

for cooperation in the acquisition or construction of a water      2,320        

development project pursuant to section 6121.13 of the Revised     2,321        

Code or any contract for the construction of a water development   2,322        

project that is to be leased by the authority to, and operated     2,323        

by, persons who are not governmental agencies and the cost of      2,324        

such THE project is to be amortized exclusively from rentals or    2,325        

other charges paid to the authority by persons who are not         2,327        

governmental agencies is not subject to the foregoing              2,328        

requirements and the authority may enter into such A contract or   2,329        

lease or such AN agreement pursuant to negotiation and upon such   2,331        

terms and conditions and for such period as it finds to be         2,332        

reasonable and proper in the circumstances and in the best         2,333        

interests of proper operation or of efficient acquisition or       2,334        

construction of such THE project.                                               

      (2)  Each bid for a contract for the construction,           2,336        

demolition, alteration, repair, or reconstruction of an            2,337        

improvement shall contain the full name of every person            2,338        

interested in it and meets SHALL MEET the requirements of section  2,340        

                                                          52     

                                                                 
153.54 of the Revised Code.                                        2,341        

      (3)  Each bid for a contract except as provided in division  2,343        

(L)(2) of this section shall contain the full name of every        2,344        

person or company interested in it and shall be accompanied by a   2,345        

sufficient bond or certified check on a solvent bank that if the   2,346        

bid is accepted, a contract will be entered into and the           2,347        

performance thereof secured.                                       2,348        

      (4)  The authority may reject any and all bids.              2,350        

      (5)  A bond with good and sufficient surety, approved by     2,352        

the authority, shall be required of every contractor awarded a     2,353        

contract except as provided in division (L)(2) of this section,    2,354        

in an amount equal to at least fifty per cent of the contract      2,355        

price, conditioned upon the faithful performance of the contract.  2,356        

      (M)  Employ managers, superintendents, and other employees   2,358        

and retain or contract with consulting engineers, financial        2,359        

consultants, accounting experts, architects, attorneys, and other  2,360        

consultants and independent contractors as are necessary in its    2,361        

judgment to carry out this chapter, and fix the compensation       2,362        

thereof.  All expenses thereof shall be payable solely from the    2,363        

proceeds of water development revenue bonds or notes issued under  2,364        

this chapter, from revenues, or from funds appropriated for such   2,365        

THAT purpose by the general assembly.                              2,366        

      (N)  Receive and accept from any federal agency, subject to  2,368        

the approval of the governor, grants for or in aid of the          2,369        

construction of any water development project or for research and  2,370        

development with respect to waste water or water management        2,371        

facilities, and receive and accept aid or contributions from any   2,372        

source of money, property, labor, or other things of value, to be  2,373        

held, used, and applied only for the purposes for which such THE   2,374        

grants and contributions are made;                                 2,375        

      (O)  Engage in research and development with respect to      2,377        

waste water or water management facilities;                        2,378        

      (P)  Purchase fire and extended coverage and liability       2,380        

insurance for any water development project and for the principal  2,381        

                                                          53     

                                                                 
office and suboffices of the authority, insurance protecting the   2,382        

authority and its officers and employees against liability for     2,383        

damage to property or injury to or death of persons arising from   2,384        

its operations, and any other insurance the authority may agree    2,385        

to provide under any resolution authorizing its water development  2,386        

revenue bonds or in any trust agreement securing the same;         2,387        

      (Q)  Charge, alter, and collect rentals and other charges    2,389        

for the use or services of any water development project as        2,390        

provided in section 6121.13 of the Revised Code;                   2,391        

      (R)  Provide coverage for its employees under sections       2,393        

4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of    2,394        

the Revised Code;                                                  2,395        

      (S)  Assist in the implementation and administration of the  2,397        

DRINKING WATER ASSISTANCE FUND AND PROGRAM CREATED IN SECTION      2,398        

6109.22 OF THE REVISED CODE AND THE water pollution control loan   2,399        

fund and program created in section 6111.036 of the Revised Code,  2,401        

including, without limitation, performing or providing fiscal      2,402        

management for the fund FUNDS and investing and disbursing moneys  2,403        

in the fund FUNDS, and may enter into all necessary and            2,405        

appropriate agreements with the director of environmental          2,406        

protection for such THOSE purposes;                                             

      (T)  Issue water development revenue bonds and notes of the  2,408        

state in such principal amounts as THAT are necessary for the      2,410        

purpose of raising moneys for the sole benefit of the water        2,411        

pollution control loan fund created in section 6111.036 of the     2,412        

Revised Code, including moneys to meet the requirement for         2,413        

providing matching moneys under division (D) of that section.      2,414        

The bonds and notes may be secured by appropriate trust            2,415        

agreements and repaid from moneys credited to the fund from        2,416        

payments of principal and interest on loans made from the fund,    2,417        

as provided in division (F) of section 6111.036 of the Revised     2,418        

Code.                                                                           

      (U)  ISSUE WATER DEVELOPMENT REVENUE BONDS AND NOTES OF THE  2,420        

STATE IN PRINCIPAL AMOUNTS THAT ARE NECESSARY FOR THE PURPOSE OF   2,421        

                                                          54     

                                                                 
RAISING MONEYS FOR THE SOLE BENEFIT OF THE DRINKING WATER          2,422        

ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE REVISED CODE,    2,425        

INCLUDING MONEYS TO MEET THE REQUIREMENT FOR PROVIDING MATCHING    2,426        

MONEYS UNDER DIVISIONS (B) AND (F) OF THAT SECTION.  THE BONDS     2,428        

AND NOTES MAY BE SECURED BY APPROPRIATE TRUST AGREEMENTS AND       2,429        

REPAID FROM MONEYS CREDITED TO THE FUND FROM PAYMENTS OF           2,430        

PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND, AS PROVIDED    2,431        

IN DIVISION (F) OF SECTION 6109.22 OF THE REVISED CODE.            2,434        

      (V)  Do all acts necessary or proper to carry out the        2,436        

powers expressly granted in this chapter.                          2,437        

      Sec. 6121.06.  (A)  The Ohio water development authority     2,446        

may, from time to time, MAY issue water development revenue bonds  2,448        

and notes of the state in such principal amount as, in the         2,449        

opinion of the authority, are necessary for the purpose of paying  2,450        

any part of the cost of one or more water development projects or  2,451        

parts thereof.  The authority may, from time to time, MAY issue    2,452        

renewal notes, issue bonds to pay such THOSE notes, and whenever   2,454        

it deems CONSIDERS refunding, including funding and retirement,    2,455        

expedient, refund any bonds by the issuance of water development   2,457        

revenue refunding bonds of the state, whether the bonds to be      2,458        

refunded have or have not matured, and issue bonds partly to       2,459        

refund bonds then outstanding, and partly for any other            2,460        

authorized purpose.  The refunding bonds may be issued in amounts  2,461        

sufficient for payment of the principal amount of the bonds to be  2,462        

so refunded, any redemption premiums thereon, principal            2,463        

maturities of any bonds maturing prior to the redemption of the    2,464        

bonds to be so refunded, interest accrued or to accrue to the      2,465        

maturity dates or dates of redemption of such THE bonds, and any   2,466        

expenses incurred or to be incurred in connection with such THE    2,467        

refunding, funding, and retirement and issuance of the bonds.      2,468        

Except                                                                          

      EXCEPT as may otherwise be expressly provided by the         2,471        

authority, every issue of its bonds or notes shall be general      2,472        

obligations of the authority payable out of the revenues of the    2,473        

                                                          55     

                                                                 
authority, which are pledged for such THAT payment, without        2,474        

preference or priority of the first bonds issued, subject only to  2,475        

any agreements with the holders of particular bonds or notes       2,476        

pledging any particular revenues.  The pledge shall be valid and   2,477        

binding from the time the pledge is made, and the revenues so      2,478        

pledged and thereafter received by the authority shall             2,479        

immediately SHALL be subject to the lien of that pledge without    2,481        

any physical delivery thereof or further act, and the lien of any  2,482        

such pledge is valid and binding as against all parties having     2,483        

claims of any kind in tort, contract, or otherwise against the     2,484        

authority, irrespective of whether such THE parties have notice    2,486        

thereof.  Neither the resolution nor any trust agreement by which  2,487        

a pledge is created need be filed or recorded except in the        2,488        

records of the authority.                                                       

      Whether or not the bonds or notes are of such form and       2,490        

character as to be negotiable instruments, the bonds or notes      2,491        

shall have all the qualities and incidents of negotiable           2,492        

instruments, subject only to the provisions of the bonds or notes  2,493        

for registration.                                                  2,494        

      The bonds and notes shall be authorized by resolution of     2,496        

the authority, shall bear such date or dates, and shall mature at  2,497        

such time or times, in the case of any such note or any renewals   2,498        

thereof not exceeding five years from the date of issue of the     2,499        

original note, and in the case of any such bond not exceeding      2,500        

forty years from the date of issue, as such THE resolution or      2,501        

resolutions may provide.  The bonds and notes shall bear interest  2,502        

at such rate or rates, be in such denominations, be in such form,  2,503        

either coupon or registered, carry such registration privileges,   2,504        

be payable in such medium of payment, at such place or places,     2,505        

and be subject to such terms of redemption as the authority may    2,506        

authorize.  The bonds and notes of the authority may be sold by    2,507        

the authority, at public or private sale, at or not less than      2,508        

such price or prices as the authority determines.  The             2,509        

      THE bonds and notes shall be executed by the chairman        2,512        

                                                          56     

                                                                 
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the authority,   2,514        

either or both of whom may use a facsimile signature, the          2,515        

official seal of the authority or a facsimile thereof shall be     2,516        

affixed thereto or printed thereon and attested, manually or by    2,517        

facsimile signature, by the secretary-treasurer of the authority,  2,518        

and any coupons attached thereto shall bear the signature or       2,519        

facsimile signature of the chairman CHAIRPERSON of the authority.  2,520        

In case IF any officer whose signature, or a facsimile of whose    2,522        

signature, appears on any bonds, notes, or coupons ceases to be    2,523        

such an officer before delivery of THE bonds or notes, his THE     2,524        

OFFICER'S signature or facsimile is nevertheless sufficient for    2,525        

all purposes the same as if he THE OFFICER had remained in office  2,526        

until such THE delivery, and in case IF the seal of the authority  2,528        

has been changed after a facsimile has been imprinted on such ANY  2,529        

bonds or notes, such THE facsimile seal will continue CONTINUES    2,530        

to be sufficient for all purposes.                                 2,532        

      Any resolution or resolutions authorizing any bonds or       2,534        

notes or any issue thereof may contain provisions, subject to      2,535        

such agreements with bondholders or noteholders as may then exist  2,537        

THEN, which provisions shall be a part of the contract with the                 

holders thereof, as to:  pledging all or any part of the revenues  2,538        

of the authority to secure the payment of the bonds or notes or    2,539        

of any issue thereof; the use and disposition of revenues of the   2,540        

authority; a covenant to fix, alter, and collect rentals and       2,541        

other charges so that pledged revenues will be sufficient to pay   2,542        

costs of operation, maintenance, and repairs, pay principal of     2,543        

and interest on bonds or notes secured by the pledge of such THE   2,544        

revenues, and provide such reserves as may be required by the      2,545        

applicable resolution or trust agreement; the setting aside of     2,546        

reserve funds, sinking funds, or replacement and improvement       2,547        

funds and the regulation and disposition thereof; the crediting    2,548        

of the proceeds of the sale of bonds or notes to and among the     2,549        

funds referred to or provided for in the resolution authorizing    2,550        

the issuance of the bonds or notes; the use, lease, sale, or       2,551        

                                                          57     

                                                                 
other disposition of any water development project or any other    2,552        

assets of the authority; limitations on the purpose to which the   2,553        

proceeds of sale of bonds or notes may be applied and pledging     2,554        

such THE proceeds to secure the payment of the bonds or notes or   2,555        

of any issue thereof; with regard to notes issued in anticipation  2,557        

of the issuance of bonds, the agreement of the authority to do     2,558        

all things necessary for the authorization, issuance, and sale of  2,559        

such THE bonds in such amounts as may be necessary for the timely  2,561        

retirement of such THE notes; limitations on the issuance of       2,562        

additional bonds or notes; the terms upon which additional bonds   2,563        

or notes may be issued and secured; the refunding of outstanding   2,564        

bonds or notes; the procedure, if any, by which the terms of any   2,565        

contract with bondholders or noteholders may be amended or         2,566        

abrogated, the amount of bonds or notes the holders of which must  2,567        

consent thereto, and the manner in which such THAT consent may be  2,569        

given; limitations on the amount of moneys to be expended by the   2,570        

authority for operating, administrative, or other expenses of the  2,571        

authority; securing any bonds or notes by a trust agreement in     2,572        

accordance with section 6121.11 of the Revised Code; and any       2,573        

other matters, of like or different character, which THAT in any   2,574        

way affect the security or protection of the bonds or notes.       2,576        

      (B)  An action taken under this division does not limit the  2,578        

generality of division (A) of this section.                        2,579        

      A resolution authorizing the issuance of bonds or notes by   2,581        

the authority to provide all or a portion of the state's match     2,582        

for federal capitalization grants under Title VI of the "Clean     2,583        

Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, as amended,   2,584        

to the water pollution control loan fund created in section        2,585        

6111.036 of the Revised Code, OR FOR FEDERAL CAPITALIZATION        2,586        

GRANTS UNDER TITLE I OF THE "SAFE DRINKING WATER ACT AMENDMENTS    2,593        

OF 1996," 110 STAT. 1613, 42 U.S.C.A. 300(F), AS AMENDED, TO THE   2,596        

DRINKING WATER ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE   2,597        

REVISED CODE, and establishing a reserve fund IN EITHER CASE for   2,599        

the payment of the principal of and interest on such THE bonds or  2,600        

                                                          58     

                                                                 
notes may include, in the event that the revenues primarily        2,601        

pledged and required to be used for such payments are              2,602        

insufficient to make any such THE payment in full when due, a      2,603        

covenant of the director of environmental protection that if the   2,604        

principal of or interest on any such bonds or notes is paid with   2,605        

moneys drawn from such a reserve fund, the director shall so       2,607        

notify the governor, and shall determine to what extent, if any,                

the moneys so drawn may be restored to the reserve fund from       2,610        

available moneys previously appropriated to the environmental      2,611        

protection agency.  The covenant also shall provide that if the    2,612        

moneys so drawn are not immediately and fully restored to the      2,613        

reserve fund from such available moneys, the director shall        2,614        

promptly submit to the governor and to the director of budget and  2,615        

management a written request for either or both of the following:  2,616        

      (1)  That the next biennial budget submitted by the          2,618        

governor to the general assembly include an amount to be           2,619        

appropriated to the environmental protection agency sufficient     2,620        

for the full replenishment of the reserve fund;                    2,621        

      (2)  That the general assembly be requested to increase      2,623        

appropriations for the environmental protection agency in the      2,624        

current biennium sufficient for the full replenishment of the      2,625        

reserve fund.                                                      2,626        

      The director shall include with such requests a              2,628        

recommendation that the replenishment of the reserve fund be made  2,629        

in the interest of maximizing the state's entitlements to federal  2,630        

funds under Title VI of the "Clean Water Act of 1977," 91 Stat.    2,631        

1566, 33 U.S.C.A. 1251, as amended, OR UNDER TITLE I OF THE "SAFE  2,634        

DRINKING WATER ACT AMENDMENTS OF 1996," 110 STAT. 1613, 42         2,640        

U.S.C.A. 300(f), AS AMENDED, AS APPLICABLE, thereby also           2,642        

maximizing the benefits of the water pollution control loan fund   2,643        

OR THE DRINKING WATER ASSISTANCE FUND, AS APPLICABLE, to the       2,644        

political subdivisions that pay the cost of wastewater treatment   2,645        

projects OR DRINKING WATER PROJECTS with low-cost loans from that  2,646        

fund THOSE FUNDS.  Any such covenant shall not obligate or         2,648        

                                                          59     

                                                                 
purport to obligate the state to pay the principal of or interest  2,649        

on such THE bonds or notes or to deposit moneys in a reserve fund  2,651        

established for such THOSE payments other than from moneys         2,653        

lawfully appropriated for that purpose during the then-current     2,654        

biennium.                                                                       

      (C)  Neither the members of the authority nor any person     2,656        

executing bonds or notes under this section shall be IS liable     2,657        

personally on the bonds or notes or be IS subject to any personal  2,659        

liability or accountability by reason of the issuance thereof.     2,660        

      Section 2.  That existing sections 3745.11, 6103.22,         2,662        

6109.01, 6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06  2,663        

of the Revised Code are hereby repealed.                           2,664