As Reported by the Senate Energy, Natural Resources 2
and Environment Committee 2
123rd General Assembly 5
Regular Session S. B. No. 198 6
1999-2000 7
SENATOR WHITE 9
_________________________________________________________________ 11
A B I L L
To amend sections 1541.99, 3709.085, 3745.01, 13
6111.04, and 6117.51 and to repeal section 15
1541.21 of the Revised Code to abolish special
sanitary districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 1541.99, 3709.085, 3745.01, 19
6111.04, and 6117.51 of the Revised Code be amended to read as 20
follows:
Sec. 1541.99. (A) Whoever violates sections 1541.09 to 29
1541.21, inclusive, 1541.20 of the Revised Code, or any rules and 31
regulations of the division of parks and recreation shall be 33
fined not less than ten nor more than one hundred dollars. 34
Sec. 3709.085. (A) The board of health of a city or 43
general health district may enter into a contract with any 44
political subdivision or other governmental agency to obtain or 45
provide all or part of any services, including, but not limited 46
to, enforcement services, for the purposes of Chapter 3704. of 47
the Revised Code, the rules adopted and orders made pursuant 48
thereto, or any other ordinances or rules for the prevention, 49
control, and abatement of air pollution. 50
(B)(1) As used in division (B)(2) of this section: 52
(a) "Semipublic disposal system" means a disposal system 54
that treats the sanitary sewage discharged from publicly or 56
privately owned buildings or places of assemblage, entertainment, 57
recreation, education, correction, hospitalization, housing, or 58
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employment, but does not include a disposal system that treats 60
sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt 61
from the requirements of section 6111.04 of the Revised Code 62
pursuant to division (F) of that section; or a disposal system 63
for the treatment of industrial waste. 64
(b) Terms defined in section 6111.01 of the Revised Code 66
have the same meanings as in that section. 67
(2) The board of health of a city or general health 69
district may enter into a contract with the environmental 70
protection agency to conduct on behalf of the agency inspection 71
or enforcement services, for the purposes of Chapter 6111. and 72
section 1541.21 of the Revised Code and rules adopted thereunder, 73
for the disposal or treatment of sewage from single-family, 74
two-family, or three-family dwellings located in special sanitary 75
districts designated by section 1541.21 of the Revised Code, for 76
the disposal or treatment of sewage from semipublic disposal 77
systems, or for both. The board of health of a city or general 78
health district may charge a fee established pursuant to section 79
3709.09 of the Revised Code to be paid by the owner or operator 81
of a semipublic disposal system or the owner or resident of any 83
such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered 84
into under division (B)(2) of this section, except that the board 86
shall not charge a fee for those inspections conducted at any 87
manufactured home park, recreational vehicle park, recreation 88
camp, or combined park-camp that is licensed under section 89
3733.03 of the Revised Code. 90
Sec. 3745.01. There is hereby created the environmental 99
protection agency, headed by the director of environmental 100
protection. The agency, under the supervision of the director, 102
shall administer the laws pertaining to chemical emergency
planning, community right-to-know, and toxic chemical release 103
reporting; the cessation of chemical handling operations; the 104
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prevention, control, and abatement of air and water pollution; 106
public water supply; comprehensive water resource management 107
planning; and the disposal and treatment of solid wastes, 108
infectious wastes, construction and demolition debris, hazardous 109
waste, sewage, industrial waste, and other wastes. The director 110
may do all of the following:
(A) Provide such methods of administration, appoint such 112
personnel, make such reports, and take such other action as may 113
be necessary to comply with the requirements of the federal laws 114
and regulations pertaining to chemical emergency planning, 115
community right-to-know, and toxic chemical release reporting; 116
air and water pollution control; public water supply; water 117
resource planning; and waste disposal and treatment; 118
(B) Procure by contract the temporary or intermittent 120
services of experts or consultants, or organizations thereof, 121
when those services are to be performed on a part-time or 122
fee-for-service basis and do not involve the performance of 123
administrative duties; 124
(C) Advise, consult, cooperate, and enter into contracts 126
or agreements with any other agencies of the state, the federal 127
government, other states, and interstate agencies, and with 128
affected groups, political subdivisions, and industries in 129
furtherance of the purposes of section 1541.21 and this chapter 130
and Chapters 3704., 3714., 3734., 3751., 3752., 6109., and 6111. 131
of the Revised Code; 132
(D) Establish advisory boards in accordance with section 134
121.13 of the Revised Code; 135
(E) Accept on behalf of the state any grant, gift, or 137
contribution made for toxic chemical release reporting, air or 138
water pollution control, public water supply, water resource 139
planning, waste disposal or treatment, or related purposes, and 140
expend it for those purposes; 141
(F) Make an annual report to the governor and the general 143
assembly on activities and expenditures as well as 144
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recommendations for such additional legislation as he THE 145
DIRECTOR considers appropriate to carry out his THE DIRECTOR'S 147
duties or accomplish the purposes of this section. 148
The agency shall utilize the laboratory facilities of the 150
department of health and other state institutions and agencies to 151
the maximum extent that such THE utilization is practicable, 152
economical, and technically satisfactory. 153
The director shall maintain and keep available for public 155
inspection, at his THE DIRECTOR'S principal office, a current 156
register of all applications filed for permits, leases, licenses, 157
variances, certificates, and approval of plans and specifications 158
and of publicly owned treatment works pretreatment programs under 159
his THE DIRECTOR'S jurisdiction, hearings pending, his THE 160
DIRECTOR'S final action thereon, and the dates on which such THE 162
filings, hearings, and final actions occur. The director shall 164
maintain and keep available for public inspection at his THE 165
DIRECTOR'S principal office all plans, reports, and other 166
documents required to be filed with the emergency response
commission under Chapter 3750. of the Revised Code and rules 167
adopted under it, and all reports and other documents required to 168
be filed with him THE DIRECTOR under Chapter 3751. of the Revised 170
Code and rules adopted under it, subject to the requirements of
those chapters and rules adopted under them for the protection of 171
trade secrets and confidential business information from 172
disclosure to persons not authorized under those laws to receive 173
trade secret or confidential business information. 174
Sec. 6111.04. No person shall cause pollution or place or 183
cause to be placed any sewage, industrial waste, or other wastes 184
in a location where they cause pollution of any waters of the 185
state, and any such. SUCH AN action is hereby declared to be a 187
public nuisance, except in such cases where the director of 188
environmental protection has issued a valid and unexpired permit, 189
or renewal thereof, as provided in sections 6111.01 to 6111.08 of 190
the Revised Code, or an application for renewal is pending. 191
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No person to whom a permit has been issued shall place or 193
discharge, or cause to be placed or discharged, in any waters of 194
the state any sewage, industrial waste, or other wastes in excess 195
of the permissive discharges specified under such AN existing 196
permit without first receiving a permit from the director to do 197
so.
No person who is discharging or causing the discharge of 199
any sewage, industrial waste, or other wastes into the waters of 200
the state shall continue or cause the continuance of such THE 201
discharge, without first obtaining a permit therefore THEREFOR 202
issued by the director. The director shall prescribe by rule a 203
reasonable filing period within which applications may be filed 204
to obtain permits for existing discharges that have not been 205
authorized by permit. 206
The director may require the submission of such plans, 208
specifications, and other information as he deems THE DIRECTOR 209
CONSIDERS relevant in connection with the issuance of permits. 210
This section does not apply to ANY OF THE FOLLOWING: 212
(A) Waters used in washing sand, gravel, other aggregates, 214
or mineral products, when such THE washing and the ultimate 216
disposal of the water used in such THE washing, including any 217
sewage, industrial waste, or other wastes contained in such THE 218
waters, are entirely confined to the land under the control of 219
the person engaged in the recovery and processing of such THE 220
sand, gravel, other aggregates, or mineral products, and do not 221
result in the pollution of waters of the state; 222
(B) Water, gas, or other material injected into a well to 224
facilitate, or which THAT is incidental to, the production of 225
oil, gas, artificial brine, or water derived in association with 226
oil or gas production and disposed of in a well, in compliance 227
with a permit issued under Chapter 1509. of the Revised Code, or 228
sewage, industrial waste, or other wastes injected into a well in 229
compliance with an injection well operating permit. This 230
division does not authorize, without a permit, any discharge that 231
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is prohibited by, or for which a permit is required by, 232
regulation of the United States environmental protection agency. 233
(C) Application of any materials to land for agricultural 235
purposes or runoff of such THE materials from such THAT 237
application or pollution by animal waste or soil sediment,
including attached substances, resulting from farming, 238
silvicultural, or earthmoving activities regulated by Chapter 240
307. or 1515. of the Revised Code. This division does not 241
authorize, without a permit, any discharge from a treatment works 242
for treating animal wastes having a controlled direct discharge 243
into the waters of the state, or any discharge that is prohibited 244
by, or for which a permit is required by, regulation of the 245
United States environmental protection agency. 246
(D) The excrement of domestic and farm animals defecated 248
on land or runoff therefrom into any waters of the state. This 249
division does not authorize, without a permit, any discharge that 250
is prohibited by, or for which a permit is required by, 251
regulation of the United States environmental protection agency. 252
(E) The discharge of sewage, industrial waste, or other 254
wastes into a sewerage system tributary to a treatment works. 255
This division does not authorize any discharge into a publicly 256
owned treatment works in violation of a pretreatment program 257
applicable to such THE publicly owned treatment works. 258
(F) Septic tanks or any other disposal systems for the 260
disposal or treatment of sewage from single-family, two-family, 261
or three-family dwellings in compliance with the sanitary code 262
and section 1541.21 or 3707.01 of the Revised Code. This 263
division does not authorize, without a permit, any discharge that 264
is prohibited by, or for which a permit is required by, 265
regulation of the United States environmental protection agency. 266
The holder of a permit issued under section 402 (a) of the 268
"Federal Water Pollution Control Act" need not obtain a permit 269
for a discharge authorized by such THE permit until its 270
expiration date. The director of environmental protection shall 271
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administer and enforce such THOSE permits within this state, and 273
may modify the terms and conditions thereof in accordance with 274
division (J) of section 6111.03 of the Revised Code. 275
Sec. 6117.51. If the board of health of the health 284
district within which a new public sewer construction project is 285
proposed or located passes a resolution stating that the reason 286
for such THE project is to reduce or eliminate an existing health 288
problem or a hazard of water pollution or, if the project is
within a special sanitary district designated under section 289
1541.21 of the Revised Code, if the director of environmental 290
protection certifies that the reason for such project is to 291
reduce or eliminate an existing health problem or a hazard of 292
water pollution, the board of county commissioners of such THE 294
county may, by resolution, MAY order the owner of any premises 295
located in a sewer district in the county, his THE OWNER'S agent, 296
lessee, or tenant, or any other occupant of the premises, to 298
connect the premises to the sewer for the purpose of discharging 299
sewage or other waste that the board determines is originating on 300
the premises, to make use of the connection, and to cease the 301
discharge of the sewage or other waste into a cesspool, ditch, 302
private sewer, privy, septic tank, semipublic disposal system as 303
defined in division (B)(1)(a) of section 3709.085 of the Revised 304
Code, or other outlet if the board finds that the sewer is 305
available for use and is accessible to the premises following a 306
determination and certification to the board by a registered 307
professional engineer designated by it as to the availability and 308
accessibility of the sewer. This section does not apply to ANY 309
OF THE FOLLOWING:
(A) Any discharge authorized by a permit issued under 311
division (J) of section 6111.03 of the Revised Code, other than a 312
discharge to or from a semipublic disposal system as defined in 313
division (B)(1)(a) of section 3709.085 of the Revised Code; 314
(B) Wastes resulting from the keeping of animals; 316
(C) Any premises that are not served by a common sewage 318
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collection system when the foundation wall of the structure from 319
which sewage or other waste originates is more than two hundred 320
feet from the nearest boundary of the right of way within which 321
the sewer is located; 322
(D) Any premises that are served by a common sewage 324
collection system when both the foundation wall of the structure 325
from which the sewage or other waste originates and the common 326
sewage collection system are more than two hundred feet from the 327
nearest boundary of the right-of-way within which the public 328
sewer is located. 329
The board shall not direct an order under this section to a 331
resident tenant unless it determines that the terms of the 332
tenancy are such that the owner lacks sufficient rights of access 333
to permit the owner to comply with the terms of the order. 334
An owner, agent, lessee, tenant, or occupant shall comply 336
with the order of the board within ninety days after the 337
completion of service of the order upon him THAT PERSON as 338
provided in this section. The board may, upon written 339
application filed prior to the expiration of the ninety-day 341
period, MAY waive compliance with any order either temporarily or 342
permanently and conditionally or unconditionally. 343
In its resolution, the board shall direct its clerk, or his 345
THE CLERK'S designee, to serve its order upon the owner, agent, 346
lessee, tenant, or occupant. Service of the order shall be made 347
personally, by leaving the order at the usual place of residence 348
with some A person of suitable age and discretion then residing 349
therein, or by certified mail addressed to the owner, agent, 350
lessee, tenant, or occupant at his THAT PERSON'S last known 351
address or to the address to which tax bills are sent. If it 353
appears by the return of service or the return of the order 354
forwarded by certified mail that the owner, agent, lessee, 355
tenant, or occupant cannot be found, he THAT PERSON shall be 356
served by publication of the order once in a newspaper of general 358
circulation within the county, or if he THAT PERSON refuses 359
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service, he THAT PERSON shall be served by ordinary mail 360
addressed to him at his THAT PERSON'S last known address or to 361
the address to which tax bills are sent. The return of the 362
person serving the order or a certified copy of the return, or a 363
returned receipt for the order forwarded by certified mail 364
accepted by the addressee or anyone purporting to act for him THE 365
ADDRESSEE, is prima-facie evidence of the service of the order 367
under this section. The return of the person attempting to serve 368
the order, or the return to the sender of the order forwarded by 369
certified mail with an indication on the return of the refusal of 370
the addressee to accept delivery, is prima-facie evidence of the 371
refusal of service.
No owner, agent, lessee, tenant, or occupant shall violate 373
an order issued under this section. Upon request of the board, 374
the prosecuting attorney shall prosecute in a court of competent 375
jurisdiction any owner, agent, lessee, tenant, or occupant who 376
violates an order issued under this section. Each day that a 377
violation continues after conviction for the violation of an 378
order issued under this section and the final determination 379
thereof is a separate offense. The court may, for good cause 380
shown, MAY grant a reasonable additional period of time for 381
compliance after conviction. 382
Any owner, agent, lessee, tenant, or occupant violating an 384
order issued under this section may also MAY be enjoined from 385
continuing in violation. Upon request of the board, the 386
prosecuting attorney shall bring an action in a court of 387
competent jurisdiction for an injunction against the owner, 388
agent, lessee, tenant, or occupant violating an order. 389
The Ohio water development authority created under section 391
6121.02 of the Revised Code, in addition to its other powers, has 392
the same power and shall be governed by the same procedures in a 393
waste water facilities service area, or in any area adjacent to a 394
public sewer operated by the authority, as a board of county 395
commissioners in a county sewer district under this section, 396
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except that the authority shall act by order, and the attorney 397
general, upon request of the authority, shall prosecute any 398
person who violates an order of the authority issued under this 399
section. 400
Section 2. That existing sections 1541.99, 3709.085, 402
3745.01, 6111.04, and 6117.51 and section 1541.21 of the Revised 404
Code are hereby repealed.
Section 3. The Director of Environmental Protection shall 406
transfer to the appropriate boards of health all information 407
relating to permits, plans, and approvals that was acquired by 408
the director in accordance with rules adopted under section 409
1541.21 of the Revised Code, as that section existed prior to the 410
effective date of this act. As used in this section, "board of
health" means the board of health of a city or general health 411
district created by or under the authority of Chapter 3709. of 412
the Revised Code or the authority having the duties of a board of 413
health in any city as authorized by section 3709.05 of the 414
Revised Code.