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           

                                                          2      


                                                                 
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          

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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.