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