As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 201  5            

      1997-1998                                                    6            


                  SENATORS OELSLAGER-HOTTINGER                     8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 3709.085, 6119.02, and 6119.04 and  12           

                to enact section 6119.071 of the Revised Code to   13           

                require the political subdivision or subdivisions  14           

                proposing the establishment of a regional water    15           

                and sewer district to hold a public meeting        16           

                before filing the petition for the establishment,               

                to provide for the removal of appointed members    17           

                from the board of trustees of a district, to       18           

                require additional study prior to the              19           

                establishment of a district if the court in which  20           

                the petition is heard orders that study, and to    21           

                allow a board of health to charge a fee for        22           

                inspections of all semipublic disposal systems                  

                conducted under contract with the Environmental    23           

                Protection Agency.                                              




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 3709.085, 6119.02, and 6119.04 be  27           

amended and section 6119.071 of the Revised Code be enacted to     28           

read as follows:                                                                

      Sec. 3709.085.  (A)  The board of health of a city or        37           

general health district may enter into a contract with any         38           

political subdivision or other governmental agency to obtain or    39           

provide all or part of any services, including, but not limited    40           

to, enforcement services, for the purposes of Chapter 3704. of     41           

the Revised Code, the rules adopted and orders made pursuant       42           

thereto, or any other ordinances or rules for the prevention,      43           

                                                          2      

                                                                 
control, and abatement of air pollution.                           44           

      (B)(1)  As used in division (B)(2) of this section:          46           

      (a)  "Semipublic disposal system" means a disposal system    48           

which THAT treats the sanitary sewage discharged from publicly or  50           

privately owned buildings or places of assemblage, entertainment,  51           

recreation, education, correction, hospitalization, housing, or    52           

employment, but does not include a disposal system which THAT      53           

treats sewage in amounts of more than twenty-five thousand         54           

gallons per day; a disposal system for the treatment of sewage     55           

that is exempt from the requirements of section 6111.04 of the     56           

Revised Code pursuant to division (F) of that section; or a        57           

disposal system for the treatment of industrial waste.             58           

      (b)  Terms defined in section 6111.01 of the Revised Code    60           

have the same meaning MEANINGS as in that section.                 61           

      (2)  The board of health of a city or general health         63           

district may enter into a contract with the environmental          64           

protection agency to conduct on behalf of the agency inspection    65           

or enforcement services, for the purposes of Chapter 6111. and     66           

section 1541.21 of the Revised Code and rules adopted thereunder,  67           

for the disposal or treatment of sewage from single-family,        68           

two-family, or three-family dwellings located in special sanitary  69           

districts designated by section 1541.21 of the Revised Code, for   70           

the disposal or treatment of sewage from semipublic disposal       71           

systems, or for both.  The board of health of a city or general    72           

health district may charge a fee established pursuant to section   73           

3709.09 of the Revised Code to be paid by the holder OWNER OR      74           

OPERATOR of a permit under Chapter 6111. of the Revised Code       75           

SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident of any such    77           

dwelling located in a special sanitary district for inspections    78           

conducted by the board pursuant to a contract entered into under   79           

this division (B)(2) OF THIS SECTION, except that the board shall  80           

not charge a fee for those inspections conducted at any            81           

manufactured home park, recreational vehicle park, recreation      82           

camp, or combined park-camp that is licensed under section         83           

                                                          3      

                                                                 
3733.03 of the Revised Code.                                       84           

      Sec. 6119.02.  (A)  Proceedings for the organization of a    93           

regional water and sewer district shall be initiated only by a     94           

petition filed in the office of the clerk of the court of common   95           

pleas of one of the counties all or part of which lies within the  96           

proposed district.  Such THE petition shall be signed by one or    97           

more municipal corporations or, one or more counties, or by one    100          

or more townships, or by any combination of them, after having     101          

been authorized by the legislative authority of the POLITICAL      102          

subdivision.  The legislative authority of any municipal           104          

corporation, the board of county commissioners of any county, and  105          

the board of trustees of any township may act in behalf of any     106          

part of their respective POLITICAL subdivisions.  Such THE         108          

petition shall state SPECIFY ALL OF THE FOLLOWING:                 109          

      (A)(1)  The proposed name of the district;                   111          

      (B)(2)  The place in which its principal office is to be     113          

located;                                                           114          

      (C)(3)  The necessity for the proposed district and that it  116          

will be conducive to the public health, safety, convenience, or    117          

welfare;                                                           118          

      (D)(4)  A general description of the purpose of the          120          

proposed district;                                                 121          

      (E)(5)  A general description of the territory to be         123          

included in the district, which need not be given by metes and     124          

bounds or by legal subdivisions, but it is sufficient if an        125          

accurate description is given of the territory to be organized as  126          

a district; such.  THE territory need not be contiguous, provided  128          

THAT it is so situated that the public health, safety,             129          

convenience, or welfare will be promoted by the organization as a  130          

single district of the territory described;.                       131          

      (F)(6)  The manner of selection, the number, the term, and   133          

the compensation of the members of the governing body of the       134          

district, which body shall be called a board of trustees.  Such    135          

THE petition may set forth procedures for subsequent changes in    136          

                                                          4      

                                                                 
the composition of and other provisions relating to such THE       137          

board of trustees.                                                 138          

      (G)(7)  The plan for financing the cost of the operations    140          

of the district until it is in receipt of revenue from its         141          

operations or proceeds from the sale of bonds;                     142          

      (H)(8)  A prayer for the organization of the district by     144          

the name proposed, either before or after a preliminary hearing    145          

as provided in section 6119.04 of the Revised Code.                146          

      (B)  PRIOR TO FILING A PETITION UNDER DIVISION (A) OF THIS   149          

SECTION, A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD   150          

A PUBLIC MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE      151          

PROPOSED ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT.     152          

IF A COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR           153          

TOWNSHIPS SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE  154          

PUBLIC MEETING.  AT THE MEETING, A REPRESENTATIVE OF THE SIGNER    155          

OR SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF    156          

THE REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT.        157          

      THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE WRITTEN  160          

NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN THE       161          

TERRITORY OF THE PROPOSED DISTRICT.  FAILURE TO NOTIFY AN ELECTOR  162          

DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER THIS       163          

CHAPTER.                                                                        

      (C)  Upon the filing of such THE petition, the judge of the  166          

court of common pleas of the county wherein IN WHICH the petition  167          

is filed or, in the case of a county having more than one such     168          

judge, a judge of such THAT court assigned by its presiding judge  169          

shall determine whether such IF THE petition complies with the     170          

requirements of this section as to form and content.  No petition  171          

shall be declared void by the judge on account of alleged          172          

defects, and the.  THE court in subsequent proceedings may at any  173          

time MAY permit the petition to be amended in form and substance   175          

to conform to the facts by correcting any errors in the            176          

description of the territory or in any other particular.           177          

      Sec. 6119.04.  (A)  The court of common pleas constituted    186          

                                                          5      

                                                                 
as provided in section 6119.03 of the Revised Code, at its first   187          

meeting, shall fix the time and place of a hearing on the          188          

petition for the establishment of the proposed regional water and  189          

sewer district and such.  THE hearing shall be either preliminary  191          

or final as the petition may request.  Such hearing AND shall be   192          

held not later than sixty days thereafter, and the.  THE clerk of  195          

the court shall give notice thereof OF THE HEARING by publication  196          

once each week for four consecutive weeks in a newspaper having a  197          

general circulation in each of the counties, in whole or in part,  198          

within the district.  The clerk shall send A notice OF THE         199          

HEARING by certified mail to the director of environmental         200          

protection.  Any                                                                

      ANY person or any political subdivision residing or lying    203          

within an area affected by the organization of the district, on    204          

or before the date set for the cause to be heard, may file an      205          

objection to the granting of the requests made in the prayer of    206          

the petition.                                                                   

      (A)(B)  Upon a preliminary hearing, if it appears that the   208          

proposed district is probably IS necessary and that it will        210          

probably WILL be conducive to the public health, safety,           211          

convenience, or welfare, the court, after disposing of all         212          

objections as justice and equity require shall AND by its          213          

findings, entered of record, SHALL issue a preliminary order       214          

declaring the district to be organized and an independent          215          

political subdivision of the state with a corporate name           216          

designated in the order for the purpose of ALL OF THE FOLLOWING:   217          

      (1)  The election or appointment of the board of trustees    219          

in the manner provided in the petition;                            220          

      (2)  The election, appointment, or employment of such        222          

officers, employees, accounting experts, engineers, attorneys,     223          

financial consultants, architects, other consultants, and          224          

independent contractors or other persons as THAT may be necessary  226          

to prepare a plan for the operation of the district;               227          

      (3)  The collection of the funds in the manner provided in   229          

                                                          6      

                                                                 
the petition to be used and disbursed by the district;             230          

      (4)  The preparation of a plan for the operation of the      232          

district, and the.                                                 233          

      THE district shall possess such powers as THAT may be        236          

necessary to carry out said THOSE purposes.                        237          

      The preliminary order shall direct the district to file a    239          

plan for the operation of the district within six months from the  240          

date of the preliminary order or within such THE further time or   241          

times as THAT the court may from time to time MAY order.           243          

      Upon the filing by the district of a plan for the operation  245          

of the district, the court shall fix the time and place for a      246          

final hearing on the petition for the establishment of the         247          

proposed district and the plan for the operation of the district   248          

as filed in the proceeding.  The hearing shall be held not later   249          

than sixty days thereafter, and the clerk of the court of common   250          

pleas shall again SHALL give notice thereof OF THE HEARING as      253          

required in DIVISION (A) OF this section.  Any                     254          

      ANY person or any political subdivision residing or lying    258          

within the area affected by the organization of the district or    259          

by the plan for the operation of the district, on or before the    260          

date set for the cause to be heard, may file any objections to     261          

the final organization of the district or the plan for the         262          

operation of the district.                                                      

      (B)  The (C)  IF, PRIOR TO GRANTING A FINAL ORDER, THE       265          

COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE                         

FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER    266          

THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY   267          

STUDY.  IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL     268          

NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE      269          

STUDY.  NOTHING IN DIVISION (C) OF THIS SECTION PRECLUDES THE      271          

AWARDING OF A CONTRACT FOR A PROJECT OR IMPROVEMENT UNDERTAKEN     272          

UNDER THIS CHAPTER TO AN ENTITY THAT CONDUCTS A FEASIBILITY STUDY  273          

PURSUANT TO DIVISION (C) OF THIS SECTION.                          274          

      THE court may, upon good cause shown at any time before the  278          

                                                          7      

                                                                 
granting of a final order, MAY DO ANY OR ALL OF THE FOLLOWING:     279          

      (1)  Grant a right to any municipal corporation or county    281          

acting in behalf of a sewer district within such THE county to     282          

become a party to such THE proceeding if such THE intervening      284          

party requests to have some part or all of its territory included  285          

within the district;                                               286          

      (2)  Grant in part or in toto an intervening petition of a   288          

municipal corporation or a county acting in behalf of a sewer      289          

district within such THE county, which is not wholly included      290          

within territory described in the petition, to have some part or   292          

all of its territory included within the district;                 293          

      (3)  Grant a request filed by any party to the petition or   295          

intervening party to modify any request set forth in the           296          

petition, including ANY OR ALL OF THE FOLLOWING:                   297          

      (a)  A reduction in the territory to be included within the  299          

district;                                                          300          

      (b)  Addition to or deletion of a purpose or purposes of     302          

the proposed district as set forth in the petition so long as the  303          

purposes that remain are those included within section 6119.01 of  304          

the Revised Code;                                                  305          

      (c)  The manner of selection, the number, the term, and the  307          

compensation of the members of the board of trustees; provided     308          

that after.                                                        309          

      AFTER the filing of any intervening petition or request to   311          

modify, the court has fixed SHALL FIX a time and place for a       312          

hearing thereof, such hearing to WHICH SHALL be held not less      314          

than sixty days after the filing thereof and the.  THE clerk of    316          

the court of common pleas has given SHALL GIVE notice OF THE       319          

HEARING as required in DIVISION (A) OF this section.               320          

      (C)(D)  Upon final hearing, whether or not a preliminary     322          

hearing is requested in the petition, if it appears that the       323          

proposed district is necessary, that it and the plan for the       324          

operation of the district is ARE conducive to the public health,   325          

safety, convenience, and welfare, and that the plan for the        326          

                                                          8      

                                                                 
operation of the district is economical, feasible, fair, and       327          

reasonable, the court, after disposing of all objections as        328          

justice and equity require, shall AND by its findings, entered of  330          

record, SHALL declare the district finally and completely          331          

organized and to be, or to be empowered to continue as, a          332          

political subdivision.  Thereupon the district shall have power    333          

to sue and be sued; to incur debts, liabilities, and obligations;  334          

to exercise the right of eminent domain and of taxation and        335          

assessment as provided in Chapter 6119. of the Revised Code THIS   336          

CHAPTER; to issue bonds; and to perform all acts authorized in     338          

such sections THIS CHAPTER and to execute and carry out the plan   340          

for the operation of the district and to amend, modify, change,    341          

or alter the plan for its operation as the board of trustees may   342          

from time to time MAY determine necessary.                         343          

      (D)(E)  If the court finds that the organization of the      345          

district is not necessary or will not be conducive to the public   346          

health, safety, convenience, or welfare, or that the plan for the  347          

operation of the district is not economical, feasible, fair, or    348          

reasonable, or if the district fails to file a plan for the        349          

operation of the district within the time prescribed by the        350          

court, it shall dismiss the proceedings and adjudge the costs      351          

against the petitioners, and if.  IF a preliminary order has been  353          

made organizing the district, the court shall declare the          354          

district dissolved and enter its order for the distribution of     355          

any and all assets that may be owned by the district after the     356          

payment of its liabilities.                                        357          

      (F)  Any municipal corporation, board of county              359          

commissioners, or board of township trustees may advance to the    360          

district such sums of money as THAT the legislative authority of   361          

the municipal corporation, the board of county commissioners, or   362          

the board of township trustees determines will not be in excess    363          

of the benefits that can be anticipated to be derived by such THE  364          

municipal corporation, county, or township from the establishment  366          

of the district at such times as THAT ARE requested by the         367          

                                                          9      

                                                                 
district and authorized by such THE legislative authority or such  369          

board and pursuant to an agreement between the district and such   371          

THE municipal corporation, county, or township setting forth       373          

whether and when such THE sums shall be repaid.  Such THE sums     374          

when paid to the district at any time after the preliminary order  376          

of the court shall be used by the district for its purposes in     377          

the preparation of a plan for the operation of the district and    378          

for other purposes of the district.  The district shall keep       379          

proper records showing the amount so advanced and disbursed.  If   380          

the court orders the district dissolved as permitted in this       381          

section, the interest any municipal corporation, board of county   382          

commissioners, or board of township trustees has in the assets of  383          

the district shall be limited to those assets remaining after the  384          

payment of all other liabilities of the district.                  385          

      Sec. 6119.071.  A MEMBER OF THE BOARD OF TRUSTEES OF A       387          

REGIONAL WATER AND SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE    388          

BOARD MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE,  389          

NONFEASANCE, OR MALFEASANCE IN OFFICE.  PRIOR TO REMOVING A        390          

MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE    391          

FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE        392          

MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY    393          

OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW   394          

CAUSE WHY THE MEMBER SHOULD NOT BE REMOVED FROM OFFICE.            396          

      A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED         398          

PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN     399          

THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS         400          

CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE REVISED CODE.    403          

      Section 2.  That existing sections 3709.085, 6119.02, and    405          

6119.04 of the Revised Code are hereby repealed.                   406          

      Section 3.  Section 6119.071 of the Revised Code as enacted  408          

by this act does not apply to any member of the board of trustees  409          

of a regional water and sewer district organized under Chapter     410          

6119. of the Revised Code who was serving on the board             411          

immediately prior to the effective date of this act.  That                      

                                                          10     

                                                                 
section does apply to any member who is appointed or reappointed   412          

to the board on or after the effective date of this act.           413