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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
      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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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