As Reported by the Senate Energy, Natural Resources and 1
Environment Committee 2
122nd General Assembly 5
Regular Session Sub. S. B. No. 201 6
1997-1998 7
SENATORS OELSLAGER-HOTTINGER 9
11
A B I L L
To amend sections 3709.085, 6119.02, and 6119.04 and 13
to enact section 6119.071 of the Revised Code to 14
require the political subdivision or subdivisions 15
proposing the establishment of a regional water 16
and sewer district to hold a public meeting 17
before filing the petition for the establishment,
to provide for the removal of appointed members 18
from the board of trustees of a district, to 19
require additional study prior to the 20
establishment of a district if the court in which 21
the petition is heard orders that study, and to 22
allow a board of health to charge a fee for 23
inspections of all semipublic disposal systems
conducted under contract with the Environmental 24
Protection Agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 3709.085, 6119.02, and 6119.04 be 28
amended and section 6119.071 of the Revised Code be enacted to 29
read as follows:
Sec. 3709.085. (A) The board of health of a city or 38
general health district may enter into a contract with any 39
political subdivision or other governmental agency to obtain or 40
provide all or part of any services, including, but not limited 41
to, enforcement services, for the purposes of Chapter 3704. of 42
the Revised Code, the rules adopted and orders made pursuant 43
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thereto, or any other ordinances or rules for the prevention, 44
control, and abatement of air pollution. 45
(B)(1) As used in division (B)(2) of this section: 47
(a) "Semipublic disposal system" means a disposal system 49
which THAT treats the sanitary sewage discharged from publicly or 51
privately owned buildings or places of assemblage, entertainment, 52
recreation, education, correction, hospitalization, housing, or 53
employment, but does not include a disposal system which THAT 54
treats sewage in amounts of more than twenty-five thousand 55
gallons per day; a disposal system for the treatment of sewage 56
that is exempt from the requirements of section 6111.04 of the 57
Revised Code pursuant to division (F) of that section; or a 58
disposal system for the treatment of industrial waste. 59
(b) Terms defined in section 6111.01 of the Revised Code 61
have the same meaning MEANINGS as in that section. 62
(2) The board of health of a city or general health 64
district may enter into a contract with the environmental 65
protection agency to conduct on behalf of the agency inspection 66
or enforcement services, for the purposes of Chapter 6111. and 67
section 1541.21 of the Revised Code and rules adopted thereunder, 68
for the disposal or treatment of sewage from single-family, 69
two-family, or three-family dwellings located in special sanitary 70
districts designated by section 1541.21 of the Revised Code, for 71
the disposal or treatment of sewage from semipublic disposal 72
systems, or for both. The board of health of a city or general 73
health district may charge a fee established pursuant to section 74
3709.09 of the Revised Code to be paid by the holder OWNER OR 75
OPERATOR of a permit under Chapter 6111. of the Revised Code 76
SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident of any such 78
dwelling located in a special sanitary district for inspections 79
conducted by the board pursuant to a contract entered into under 80
this division (B)(2) OF THIS SECTION, except that the board shall 81
not charge a fee for those inspections conducted at any 82
manufactured home park, recreational vehicle park, recreation 83
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camp, or combined park-camp that is licensed under section 84
3733.03 of the Revised Code. 85
Sec. 6119.02. (A) Proceedings for the organization of a 94
regional water and sewer district shall be initiated only by a 95
petition filed in the office of the clerk of the court of common 96
pleas of one of the counties all or part of which lies within the 97
proposed district. Such THE petition shall be signed by one or 98
more municipal corporations or, one or more counties, or by one 101
or more townships, or by any combination of them, after having 102
been authorized by the legislative authority of the POLITICAL 103
subdivision. The legislative authority of any municipal 105
corporation, the board of county commissioners of any county, and 106
the board of trustees of any township may act in behalf of any 107
part of their respective POLITICAL subdivisions. Such THE 109
petition shall state SPECIFY ALL OF THE FOLLOWING: 110
(A)(1) The proposed name of the district; 112
(B)(2) The place in which its principal office is to be 114
located; 115
(C)(3) The necessity for the proposed district and that it 117
will be conducive to the public health, safety, convenience, or 118
welfare; 119
(D)(4) A general description of the purpose of the 121
proposed district; 122
(E)(5) A general description of the territory to be 124
included in the district, which need not be given by metes and 125
bounds or by legal subdivisions, but it is sufficient if an 126
accurate description is given of the territory to be organized as 127
a district; such. THE territory need not be contiguous, provided 129
THAT it is so situated that the public health, safety, 130
convenience, or welfare will be promoted by the organization as a 131
single district of the territory described;. 132
(F)(6) The manner of selection, the number, the term, and 134
the compensation of the members of the governing body of the 135
district, which body shall be called a board of trustees. Such 136
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THE petition may set forth procedures for subsequent changes in 137
the composition of and other provisions relating to such THE 138
board of trustees. 139
(G)(7) The plan for financing the cost of the operations 141
of the district until it is in receipt of revenue from its 142
operations or proceeds from the sale of bonds; 143
(H)(8) A prayer for the organization of the district by 145
the name proposed, either before or after a preliminary hearing 146
as provided in section 6119.04 of the Revised Code. 147
(B) PRIOR TO FILING A PETITION UNDER DIVISION (A) OF THIS 150
SECTION, A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD 151
A PUBLIC MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE 152
PROPOSED ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT. 153
IF A COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR 154
TOWNSHIPS SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE 155
PUBLIC MEETING. AT THE MEETING, A REPRESENTATIVE OF THE SIGNER 156
OR SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF 157
THE REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT. 158
THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE WRITTEN 161
NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN THE 162
TERRITORY OF THE PROPOSED DISTRICT. FAILURE TO NOTIFY AN ELECTOR 163
DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER THIS 164
CHAPTER.
(C) Upon the filing of such THE petition, the judge of the 167
court of common pleas of the county wherein IN WHICH the petition 168
is filed or, in the case of a county having more than one such 169
judge, a judge of such THAT court assigned by its presiding judge 170
shall determine whether such IF THE petition complies with the 171
requirements of this section as to form and content. No petition 172
shall be declared void by the judge on account of alleged 173
defects, and the. THE court in subsequent proceedings may at any 174
time MAY permit the petition to be amended in form and substance 176
to conform to the facts by correcting any errors in the 177
description of the territory or in any other particular. 178
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Sec. 6119.04. (A) The court of common pleas constituted 187
as provided in section 6119.03 of the Revised Code, at its first 188
meeting, shall fix the time and place of a hearing on the 189
petition for the establishment of the proposed regional water and 190
sewer district and such. THE hearing shall be either preliminary 192
or final as the petition may request. Such hearing AND shall be 193
held not later than sixty days thereafter, and the. THE clerk of 196
the court shall give notice thereof OF THE HEARING by publication 197
once each week for four consecutive weeks in a newspaper having a 198
general circulation in each of the counties, in whole or in part, 199
within the district. The clerk shall send A notice OF THE 200
HEARING by certified mail to the director of environmental 201
protection. Any
ANY person or any political subdivision residing or lying 204
within an area affected by the organization of the district, on 205
or before the date set for the cause to be heard, may file an 206
objection to the granting of the requests made in the prayer of 207
the petition.
(A)(B) Upon a preliminary hearing, if it appears that the 209
proposed district is probably IS necessary and that it will 211
probably WILL be conducive to the public health, safety, 212
convenience, or welfare, the court, after disposing of all 213
objections as justice and equity require shall AND by its 214
findings, entered of record, SHALL issue a preliminary order 215
declaring the district to be organized and an independent 216
political subdivision of the state with a corporate name 217
designated in the order for the purpose of ALL OF THE FOLLOWING: 218
(1) The election or appointment of the board of trustees 220
in the manner provided in the petition; 221
(2) The election, appointment, or employment of such 223
officers, employees, accounting experts, engineers, attorneys, 224
financial consultants, architects, other consultants, and 225
independent contractors or other persons as THAT may be necessary 227
to prepare a plan for the operation of the district; 228
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(3) The collection of the funds in the manner provided in 230
the petition to be used and disbursed by the district; 231
(4) The preparation of a plan for the operation of the 233
district, and the. 234
THE district shall possess such powers as THAT may be 237
necessary to carry out said THOSE purposes. 238
The preliminary order shall direct the district to file a 240
plan for the operation of the district within six months from the 241
date of the preliminary order or within such THE further time or 242
times as THAT the court may from time to time MAY order. 244
Upon the filing by the district of a plan for the operation 246
of the district, the court shall fix the time and place for a 247
final hearing on the petition for the establishment of the 248
proposed district and the plan for the operation of the district 249
as filed in the proceeding. The hearing shall be held not later 250
than sixty days thereafter, and the clerk of the court of common 251
pleas shall again SHALL give notice thereof OF THE HEARING as 254
required in DIVISION (A) OF this section. Any 255
ANY person or any political subdivision residing or lying 259
within the area affected by the organization of the district or 260
by the plan for the operation of the district, on or before the 261
date set for the cause to be heard, may file any objections to 262
the final organization of the district or the plan for the 263
operation of the district.
(B) The (C) IF, PRIOR TO GRANTING A FINAL ORDER, THE 266
COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE
FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER 267
THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY 268
STUDY. IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL 269
NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE 270
STUDY. NOTHING IN DIVISION (C) OF THIS SECTION PRECLUDES THE 272
AWARDING OF A CONTRACT FOR A PROJECT OR IMPROVEMENT UNDERTAKEN 273
UNDER THIS CHAPTER TO AN ENTITY THAT CONDUCTS A FEASIBILITY STUDY 274
PURSUANT TO DIVISION (C) OF THIS SECTION. 275
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THE court may, upon good cause shown at any time before the 279
granting of a final order, MAY DO ANY OR ALL OF THE FOLLOWING: 280
(1) Grant a right to any municipal corporation or county 282
acting in behalf of a sewer district within such THE county to 283
become a party to such THE proceeding if such THE intervening 285
party requests to have some part or all of its territory included 286
within the district; 287
(2) Grant in part or in toto an intervening petition of a 289
municipal corporation or a county acting in behalf of a sewer 290
district within such THE county, which is not wholly included 291
within territory described in the petition, to have some part or 293
all of its territory included within the district; 294
(3) Grant a request filed by any party to the petition or 296
intervening party to modify any request set forth in the 297
petition, including ANY OR ALL OF THE FOLLOWING: 298
(a) A reduction in the territory to be included within the 300
district; 301
(b) Addition to or deletion of a purpose or purposes of 303
the proposed district as set forth in the petition so long as the 304
purposes that remain are those included within section 6119.01 of 305
the Revised Code; 306
(c) The manner of selection, the number, the term, and the 308
compensation of the members of the board of trustees; provided 309
that after. 310
AFTER the filing of any intervening petition or request to 312
modify, the court has fixed SHALL FIX a time and place for a 313
hearing thereof, such hearing to WHICH SHALL be held not less 315
than sixty days after the filing thereof and the. THE clerk of 317
the court of common pleas has given SHALL GIVE notice OF THE 320
HEARING as required in DIVISION (A) OF this section. 321
(C)(D) Upon final hearing, whether or not a preliminary 323
hearing is requested in the petition, if it appears that the 324
proposed district is necessary, that it and the plan for the 325
operation of the district is ARE conducive to the public health, 326
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safety, convenience, and welfare, and that the plan for the 327
operation of the district is economical, feasible, fair, and 328
reasonable, the court, after disposing of all objections as 329
justice and equity require, shall AND by its findings, entered of 331
record, SHALL declare the district finally and completely 332
organized and to be, or to be empowered to continue as, a 333
political subdivision. Thereupon the district shall have power 334
to sue and be sued; to incur debts, liabilities, and obligations; 335
to exercise the right of eminent domain and of taxation and 336
assessment as provided in Chapter 6119. of the Revised Code THIS 337
CHAPTER; to issue bonds; and to perform all acts authorized in 339
such sections THIS CHAPTER and to execute and carry out the plan 341
for the operation of the district and to amend, modify, change, 342
or alter the plan for its operation as the board of trustees may 343
from time to time MAY determine necessary. 344
(D)(E) If the court finds that the organization of the 346
district is not necessary or will not be conducive to the public 347
health, safety, convenience, or welfare, or that the plan for the 348
operation of the district is not economical, feasible, fair, or 349
reasonable, or if the district fails to file a plan for the 350
operation of the district within the time prescribed by the 351
court, it shall dismiss the proceedings and adjudge the costs 352
against the petitioners, and if. IF a preliminary order has been 354
made organizing the district, the court shall declare the 355
district dissolved and enter its order for the distribution of 356
any and all assets that may be owned by the district after the 357
payment of its liabilities. 358
(F) Any municipal corporation, board of county 360
commissioners, or board of township trustees may advance to the 361
district such sums of money as THAT the legislative authority of 362
the municipal corporation, the board of county commissioners, or 363
the board of township trustees determines will not be in excess 364
of the benefits that can be anticipated to be derived by such THE 365
municipal corporation, county, or township from the establishment 367
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of the district at such times as THAT ARE requested by the 368
district and authorized by such THE legislative authority or such 370
board and pursuant to an agreement between the district and such 372
THE municipal corporation, county, or township setting forth 374
whether and when such THE sums shall be repaid. Such THE sums 375
when paid to the district at any time after the preliminary order 377
of the court shall be used by the district for its purposes in 378
the preparation of a plan for the operation of the district and 379
for other purposes of the district. The district shall keep 380
proper records showing the amount so advanced and disbursed. If 381
the court orders the district dissolved as permitted in this 382
section, the interest any municipal corporation, board of county 383
commissioners, or board of township trustees has in the assets of 384
the district shall be limited to those assets remaining after the 385
payment of all other liabilities of the district. 386
Sec. 6119.071. A MEMBER OF THE BOARD OF TRUSTEES OF A 388
REGIONAL WATER AND SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE 389
BOARD MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE, 390
NONFEASANCE, OR MALFEASANCE IN OFFICE. PRIOR TO REMOVING A 391
MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE 392
FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE 393
MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY 394
OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW 395
CAUSE WHY THE MEMBER SHOULD NOT BE REMOVED FROM OFFICE. 397
A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED 399
PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN 400
THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS 401
CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE REVISED CODE. 404
Section 2. That existing sections 3709.085, 6119.02, and 406
6119.04 of the Revised Code are hereby repealed. 407
Section 3. Section 6119.071 of the Revised Code as enacted 409
by this act does not apply to any member of the board of trustees 410
of a regional water and sewer district organized under Chapter 411
6119. of the Revised Code who was serving on the board 412
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immediately prior to the effective date of this act. That
section does apply to any member who is appointed or reappointed 413
to the board on or after the effective date of this act. 414