As Introduced 1 122nd General Assembly 4 Regular Session S. B. No. 192 5 1997-1998 6 SENATORS FURNEY-SHEERER-DIX-DRAKE-SCHAFRATH-HERINGTON-HAGAN- 8 McLIN-J. JOHNSON 9 11 A B I L L To enact sections 1541.032 and 3701.18 of the 13 Revised Code to require the Director of Health to 14 sample and test waters of the state under the 15 control of the Division of Parks and Recreation in the Department of Natural Resources to 16 determine whether bacteria or other contaminants 17 exceed safe levels and to require the Chief of 18 that Division to post warning signs at public beaches and other recreation areas if safe levels 19 are exceeded. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21 Section 1. That sections 1541.032 and 3701.18 of the 23 Revised Code be enacted to read as follows: 24 Sec. 1541.032. UPON RECEIVING NOTIFICATION FROM THE 26 DIRECTOR OF HEALTH UNDER SECTION 3701.18 OF THE REVISED CODE THAT 29 THE LEVEL OF BACTERIA OR OTHER CONTAMINANTS IN A BODY OF WATER 30 UNDER THE CONTROL OF THE DIVISION OF PARKS AND RECREATION EXCEEDS 31 A SAFE LEVEL, THE CHIEF OF THE DIVISION OF PARKS AND RECREATION 32 SHALL HAVE SIGNS POSTED AT ANY PUBLIC BEACHES OR RECREATIONAL 34 AREAS ADJACENT TO THE BODY OF WATER WARNING THE PUBLIC OF THE 35 UNSAFE CONDITION. Sec. 3701.18. THE DIRECTOR OF HEALTH PERIODICALLY SHALL 37 TAKE SAMPLES AND CONDUCT TESTS OF THE WATERS OF THE STATE UNDER 38 THE CONTROL OF THE DIVISION OF PARKS AND RECREATION IN THE 39 DEPARTMENT OF NATURAL RESOURCES UNDER CHAPTER 1541. OF THE 41 2 REVISED CODE TO DETERMINE WHETHER BACTERIA OR OTHER CONTAMINANT 43 LEVELS IN THOSE WATERS EXCEED LEVELS BEYOND THOSE THAT ARE SAFE 44 FOR SWIMMING OR OTHER HUMAN RECREATIONAL ACTIVITIES, INCLUDING, 45 WITHOUT LIMITATION, ANY APPLICABLE LEVELS OR GUIDELINES 46 ESTABLISHED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 47 THE DIRECTOR SHALL ESTABLISH TECHNIQUES AND PROCEDURES FOR THE 48 ACCURATE SAMPLING AND TESTING OF THOSE WATERS. IF THE DIRECTOR 49 MAKES A DETERMINATION THAT THE LEVEL OF BACTERIA OR OTHER 50 CONTAMINANTS IN ANY SUCH BODY OF WATER EXCEEDS A SAFE LEVEL, THE 51 DIRECTOR SHALL NOTIFY THE CHIEF OF THE DIVISION OF PARKS AND 52 RECREATION. 53