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