As Passed by the House 1
123rd General Assembly 4
Regular Session S. B. No. 198 5
1999-2000 6
SENATORS WHITE-CARNES-NEIN-DRAKE- 9
REPRESENTATIVES VESPER-ASLANIDES-WIDENER-TIBERI-HOOD-TERWILLEGER
_________________________________________________________________ 10
A B I L L
To amend sections 1541.99, 3709.085, 3745.01, 12
6111.04, and 6117.51 and to repeal section 14
1541.21 of the Revised Code to abolish special
sanitary districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 1541.99, 3709.085, 3745.01, 18
6111.04, and 6117.51 of the Revised Code be amended to read as 19
follows:
Sec. 1541.99. (A) Whoever violates sections 1541.09 to 28
1541.21, inclusive, 1541.20 of the Revised Code, or any rules and 30
regulations of the division of parks and recreation shall be 32
fined not less than ten nor more than one hundred dollars. 33
Sec. 3709.085. (A) The board of health of a city or 42
general health district may enter into a contract with any 43
political subdivision or other governmental agency to obtain or 44
provide all or part of any services, including, but not limited 45
to, enforcement services, for the purposes of Chapter 3704. of 46
the Revised Code, the rules adopted and orders made pursuant 47
thereto, or any other ordinances or rules for the prevention, 48
control, and abatement of air pollution. 49
(B)(1) As used in division (B)(2) of this section: 51
(a) "Semipublic disposal system" means a disposal system 53
that treats the sanitary sewage discharged from publicly or 55
privately owned buildings or places of assemblage, entertainment, 56
recreation, education, correction, hospitalization, housing, or 57
2
employment, but does not include a disposal system that treats 59
sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt 60
from the requirements of section 6111.04 of the Revised Code 61
pursuant to division (F) of that section; or a disposal system 62
for the treatment of industrial waste. 63
(b) Terms defined in section 6111.01 of the Revised Code 65
have the same meanings as in that section. 66
(2) The board of health of a city or general health 68
district may enter into a contract with the environmental 69
protection agency to conduct on behalf of the agency inspection 70
or enforcement services, for the purposes of Chapter 6111. and 71
section 1541.21 of the Revised Code and rules adopted thereunder, 72
for the disposal or treatment of sewage from single-family, 73
two-family, or three-family dwellings located in special sanitary 74
districts designated by section 1541.21 of the Revised Code, for 75
the disposal or treatment of sewage from semipublic disposal 76
systems, or for both. The board of health of a city or general 77
health district may charge a fee established pursuant to section 78
3709.09 of the Revised Code to be paid by the owner or operator 80
of a semipublic disposal system or the owner or resident of any 82
such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered 83
into under division (B)(2) of this section, except that the board 85
shall not charge a fee for those inspections conducted at any 86
manufactured home park, recreational vehicle park, recreation 87
camp, or combined park-camp that is licensed under section 88
3733.03 of the Revised Code. 89
Sec. 3745.01. There is hereby created the environmental 98
protection agency, headed by the director of environmental 99
protection. The agency, under the supervision of the director, 101
shall administer the laws pertaining to chemical emergency
planning, community right-to-know, and toxic chemical release 102
reporting; the cessation of chemical handling operations; the 103
3
prevention, control, and abatement of air and water pollution; 105
public water supply; comprehensive water resource management 106
planning; and the disposal and treatment of solid wastes, 107
infectious wastes, construction and demolition debris, hazardous 108
waste, sewage, industrial waste, and other wastes. The director 109
may do all of the following:
(A) Provide such methods of administration, appoint such 111
personnel, make such reports, and take such other action as may 112
be necessary to comply with the requirements of the federal laws 113
and regulations pertaining to chemical emergency planning, 114
community right-to-know, and toxic chemical release reporting; 115
air and water pollution control; public water supply; water 116
resource planning; and waste disposal and treatment; 117
(B) Procure by contract the temporary or intermittent 119
services of experts or consultants, or organizations thereof, 120
when those services are to be performed on a part-time or 121
fee-for-service basis and do not involve the performance of 122
administrative duties; 123
(C) Advise, consult, cooperate, and enter into contracts 125
or agreements with any other agencies of the state, the federal 126
government, other states, and interstate agencies, and with 127
affected groups, political subdivisions, and industries in 128
furtherance of the purposes of section 1541.21 and this chapter 129
and Chapters 3704., 3714., 3734., 3751., 3752., 6109., and 6111. 130
of the Revised Code; 131
(D) Establish advisory boards in accordance with section 133
121.13 of the Revised Code; 134
(E) Accept on behalf of the state any grant, gift, or 136
contribution made for toxic chemical release reporting, air or 137
water pollution control, public water supply, water resource 138
planning, waste disposal or treatment, or related purposes, and 139
expend it for those purposes; 140
(F) Make an annual report to the governor and the general 142
assembly on activities and expenditures as well as 143
4
recommendations for such additional legislation as he THE 144
DIRECTOR considers appropriate to carry out his THE DIRECTOR'S 146
duties or accomplish the purposes of this section. 147
The agency shall utilize the laboratory facilities of the 149
department of health and other state institutions and agencies to 150
the maximum extent that such THE utilization is practicable, 151
economical, and technically satisfactory. 152
The director shall maintain and keep available for public 154
inspection, at his THE DIRECTOR'S principal office, a current 155
register of all applications filed for permits, leases, licenses, 156
variances, certificates, and approval of plans and specifications 157
and of publicly owned treatment works pretreatment programs under 158
his THE DIRECTOR'S jurisdiction, hearings pending, his THE 159
DIRECTOR'S final action thereon, and the dates on which such THE 161
filings, hearings, and final actions occur. The director shall 163
maintain and keep available for public inspection at his THE 164
DIRECTOR'S principal office all plans, reports, and other 165
documents required to be filed with the emergency response
commission under Chapter 3750. of the Revised Code and rules 166
adopted under it, and all reports and other documents required to 167
be filed with him THE DIRECTOR under Chapter 3751. of the Revised 169
Code and rules adopted under it, subject to the requirements of
those chapters and rules adopted under them for the protection of 170
trade secrets and confidential business information from 171
disclosure to persons not authorized under those laws to receive 172
trade secret or confidential business information. 173
Sec. 6111.04. No person shall cause pollution or place or 182
cause to be placed any sewage, industrial waste, or other wastes 183
in a location where they cause pollution of any waters of the 184
state, and any such. SUCH AN action is hereby declared to be a 186
public nuisance, except in such cases where the director of 187
environmental protection has issued a valid and unexpired permit, 188
or renewal thereof, as provided in sections 6111.01 to 6111.08 of 189
the Revised Code, or an application for renewal is pending. 190
5
No person to whom a permit has been issued shall place or 192
discharge, or cause to be placed or discharged, in any waters of 193
the state any sewage, industrial waste, or other wastes in excess 194
of the permissive discharges specified under such AN existing 195
permit without first receiving a permit from the director to do 196
so.
No person who is discharging or causing the discharge of 198
any sewage, industrial waste, or other wastes into the waters of 199
the state shall continue or cause the continuance of such THE 200
discharge, without first obtaining a permit therefore THEREFOR 201
issued by the director. The director shall prescribe by rule a 202
reasonable filing period within which applications may be filed 203
to obtain permits for existing discharges that have not been 204
authorized by permit. 205
The director may require the submission of such plans, 207
specifications, and other information as he deems THE DIRECTOR 208
CONSIDERS relevant in connection with the issuance of permits. 209
This section does not apply to ANY OF THE FOLLOWING: 211
(A) Waters used in washing sand, gravel, other aggregates, 213
or mineral products, when such THE washing and the ultimate 215
disposal of the water used in such THE washing, including any 216
sewage, industrial waste, or other wastes contained in such THE 217
waters, are entirely confined to the land under the control of 218
the person engaged in the recovery and processing of such THE 219
sand, gravel, other aggregates, or mineral products, and do not 220
result in the pollution of waters of the state; 221
(B) Water, gas, or other material injected into a well to 223
facilitate, or which THAT is incidental to, the production of 224
oil, gas, artificial brine, or water derived in association with 225
oil or gas production and disposed of in a well, in compliance 226
with a permit issued under Chapter 1509. of the Revised Code, or 227
sewage, industrial waste, or other wastes injected into a well in 228
compliance with an injection well operating permit. This 229
division does not authorize, without a permit, any discharge that 230
6
is prohibited by, or for which a permit is required by, 231
regulation of the United States environmental protection agency. 232
(C) Application of any materials to land for agricultural 234
purposes or runoff of such THE materials from such THAT 236
application or pollution by animal waste or soil sediment,
including attached substances, resulting from farming, 237
silvicultural, or earthmoving activities regulated by Chapter 239
307. or 1515. of the Revised Code. This division does not 240
authorize, without a permit, any discharge from a treatment works 241
for treating animal wastes having a controlled direct discharge 242
into the waters of the state, or any discharge that is prohibited 243
by, or for which a permit is required by, regulation of the 244
United States environmental protection agency. 245
(D) The excrement of domestic and farm animals defecated 247
on land or runoff therefrom into any waters of the state. This 248
division does not authorize, without a permit, any discharge that 249
is prohibited by, or for which a permit is required by, 250
regulation of the United States environmental protection agency. 251
(E) The discharge of sewage, industrial waste, or other 253
wastes into a sewerage system tributary to a treatment works. 254
This division does not authorize any discharge into a publicly 255
owned treatment works in violation of a pretreatment program 256
applicable to such THE publicly owned treatment works. 257
(F) Septic tanks or any other disposal systems for the 259
disposal or treatment of sewage from single-family, two-family, 260
or three-family dwellings in compliance with the sanitary code 261
and section 1541.21 or 3707.01 of the Revised Code. This 262
division does not authorize, without a permit, any discharge that 263
is prohibited by, or for which a permit is required by, 264
regulation of the United States environmental protection agency. 265
The holder of a permit issued under section 402 (a) of the 267
"Federal Water Pollution Control Act" need not obtain a permit 268
for a discharge authorized by such THE permit until its 269
expiration date. The director of environmental protection shall 270
7
administer and enforce such THOSE permits within this state, and 272
may modify the terms and conditions thereof in accordance with 273
division (J) of section 6111.03 of the Revised Code. 274
Sec. 6117.51. If the board of health of the health 283
district within which a new public sewer construction project is 284
proposed or located passes a resolution stating that the reason 285
for such THE project is to reduce or eliminate an existing health 287
problem or a hazard of water pollution or, if the project is
within a special sanitary district designated under section 288
1541.21 of the Revised Code, if the director of environmental 289
protection certifies that the reason for such project is to 290
reduce or eliminate an existing health problem or a hazard of 291
water pollution, the board of county commissioners of such THE 293
county may, by resolution, MAY order the owner of any premises 294
located in a sewer district in the county, his THE OWNER'S agent, 295
lessee, or tenant, or any other occupant of the premises, to 297
connect the premises to the sewer for the purpose of discharging 298
sewage or other waste that the board determines is originating on 299
the premises, to make use of the connection, and to cease the 300
discharge of the sewage or other waste into a cesspool, ditch, 301
private sewer, privy, septic tank, semipublic disposal system as 302
defined in division (B)(1)(a) of section 3709.085 of the Revised 303
Code, or other outlet if the board finds that the sewer is 304
available for use and is accessible to the premises following a 305
determination and certification to the board by a registered 306
professional engineer designated by it as to the availability and 307
accessibility of the sewer. This section does not apply to ANY 308
OF THE FOLLOWING:
(A) Any discharge authorized by a permit issued under 310
division (J) of section 6111.03 of the Revised Code, other than a 311
discharge to or from a semipublic disposal system as defined in 312
division (B)(1)(a) of section 3709.085 of the Revised Code; 313
(B) Wastes resulting from the keeping of animals; 315
(C) Any premises that are not served by a common sewage 317
8
collection system when the foundation wall of the structure from 318
which sewage or other waste originates is more than two hundred 319
feet from the nearest boundary of the right of way within which 320
the sewer is located; 321
(D) Any premises that are served by a common sewage 323
collection system when both the foundation wall of the structure 324
from which the sewage or other waste originates and the common 325
sewage collection system are more than two hundred feet from the 326
nearest boundary of the right-of-way within which the public 327
sewer is located. 328
The board shall not direct an order under this section to a 330
resident tenant unless it determines that the terms of the 331
tenancy are such that the owner lacks sufficient rights of access 332
to permit the owner to comply with the terms of the order. 333
An owner, agent, lessee, tenant, or occupant shall comply 335
with the order of the board within ninety days after the 336
completion of service of the order upon him THAT PERSON as 337
provided in this section. The board may, upon written 338
application filed prior to the expiration of the ninety-day 340
period, MAY waive compliance with any order either temporarily or 341
permanently and conditionally or unconditionally. 342
In its resolution, the board shall direct its clerk, or his 344
THE CLERK'S designee, to serve its order upon the owner, agent, 345
lessee, tenant, or occupant. Service of the order shall be made 346
personally, by leaving the order at the usual place of residence 347
with some A person of suitable age and discretion then residing 348
therein, or by certified mail addressed to the owner, agent, 349
lessee, tenant, or occupant at his THAT PERSON'S last known 350
address or to the address to which tax bills are sent. If it 352
appears by the return of service or the return of the order 353
forwarded by certified mail that the owner, agent, lessee, 354
tenant, or occupant cannot be found, he THAT PERSON shall be 355
served by publication of the order once in a newspaper of general 357
circulation within the county, or if he THAT PERSON refuses 358
9
service, he THAT PERSON shall be served by ordinary mail 359
addressed to him at his THAT PERSON'S last known address or to 360
the address to which tax bills are sent. The return of the 361
person serving the order or a certified copy of the return, or a 362
returned receipt for the order forwarded by certified mail 363
accepted by the addressee or anyone purporting to act for him THE 364
ADDRESSEE, is prima-facie evidence of the service of the order 366
under this section. The return of the person attempting to serve 367
the order, or the return to the sender of the order forwarded by 368
certified mail with an indication on the return of the refusal of 369
the addressee to accept delivery, is prima-facie evidence of the 370
refusal of service.
No owner, agent, lessee, tenant, or occupant shall violate 372
an order issued under this section. Upon request of the board, 373
the prosecuting attorney shall prosecute in a court of competent 374
jurisdiction any owner, agent, lessee, tenant, or occupant who 375
violates an order issued under this section. Each day that a 376
violation continues after conviction for the violation of an 377
order issued under this section and the final determination 378
thereof is a separate offense. The court may, for good cause 379
shown, MAY grant a reasonable additional period of time for 380
compliance after conviction. 381
Any owner, agent, lessee, tenant, or occupant violating an 383
order issued under this section may also MAY be enjoined from 384
continuing in violation. Upon request of the board, the 385
prosecuting attorney shall bring an action in a court of 386
competent jurisdiction for an injunction against the owner, 387
agent, lessee, tenant, or occupant violating an order. 388
The Ohio water development authority created under section 390
6121.02 of the Revised Code, in addition to its other powers, has 391
the same power and shall be governed by the same procedures in a 392
waste water facilities service area, or in any area adjacent to a 393
public sewer operated by the authority, as a board of county 394
commissioners in a county sewer district under this section, 395
10
except that the authority shall act by order, and the attorney 396
general, upon request of the authority, shall prosecute any 397
person who violates an order of the authority issued under this 398
section. 399
Section 2. That existing sections 1541.99, 3709.085, 401
3745.01, 6111.04, and 6117.51 and section 1541.21 of the Revised 403
Code are hereby repealed.
Section 3. The Director of Environmental Protection shall 405
transfer to the appropriate boards of health all information 406
relating to permits, plans, and approvals that was acquired by 407
the director in accordance with rules adopted under section 408
1541.21 of the Revised Code, as that section existed prior to the 409
effective date of this act. As used in this section, "board of
health" means the board of health of a city or general health 410
district created by or under the authority of Chapter 3709. of 411
the Revised Code or the authority having the duties of a board of 412
health in any city as authorized by section 3709.05 of the 413
Revised Code.