REPRESENTATIVES Niehaus, Seitz, McGregor, Barrett, Kearns, Husted, Setzer, Collier, Webster, Carano, Allen, Aslanides, Carmichael, Strahorn, Daniels

To amend sections 319.281, 521.01, 3709.085, 3709.09,

1

3709.091, 4736.01, 5302.30, and 6111.04 and to

2

enact sections 3718.01 to 3718.11 and 3718.99 of

3

the Revised Code to revise the definition of

4

"household sewage treatment system" for purposes

5

of the regulation of those systems by boards of

6

health, to require the Public Health Council to

7

adopt rules governing those systems, to create the

8

Household Sewage Treatment System Technical

9

Advisory Committee to review and approve new

10

systems, to require the transferor of real

11

property that is served by a household sewage

12

treatment system to provide operation and

13

maintenance information on the system at the same

14

time that the transferor provides a real property

15

disclosure form, and to establish other

16

requirements governing household sewage treatment

17

systems.

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

Section 1. That sections 319.281, 521.01, 3709.085, 3709.09,	19
3709.091, 4736.01, 5302.30, and 6111.04 be amended and sections	20
3718.01, 3718.02, 3718.03, 3718.04, 3718.05, 3718.06, 3718.07,	21
3718.08, 3718.09, 3718.10, 3718.11, and 3718.99 of the Revised	22
Code be enacted to read as follows:	23

Sec. 319.281.  The county auditor shall place on the general	24
tax list and duplicate compiled in accordance with section 319.28	25
of the Revised Code the amount certified by the health	26
commissioner of a city or general health district pursuant to	27
section 3709.091 of the Revised Code of any unpaid operation	28
permit or inspection fee for a household sewage disposaltreatment	29
system or any other unpaid fee levied under Chapter 3718. of the	30
Revised Code and any accrued late payment penalties, together with	31
any fee charged by the county auditor for placing the amount on	32
the general tax list and duplicate and for the expenses of its	33
collection. The amount placed on the general tax list and	34
duplicate shall be a lien on the real property on which the	35
household sewage disposaltreatment system is located from the	36
date the amount was placed on the tax list and duplicate, and	37
shall be charged and collected in the same manner as taxes on the	38
list.	39

Sec. 521.01.  (A) As used in this chapter, "private sewage	40
collection tile" means any tile, ditch, pipe, or other improvement	41
installed by a private person to receive and convey sewage and	42
sewage effluent from at least five household sewage disposal	43
treatment systems, as those systems are defined in rules adopted	44
by the public health council underin section 3701.343718.01 of	45
the Revised Code.	46

(B) A board of township trustees may maintain and repair	47
private sewage collection tiles located within a township road	48
right-of-way in the township, where the expenditure from the	49
township general fund for materials to maintain and repair the	50
tiles does not exceed two hundred dollars for any one project. No	51
maintenance or repair shall be performed that is paid for from the	52
township general fund under this division until the board adopts a	53
resolution authorizing the maintenance or repair. If material	54
costs would exceed two hundred dollars, the board may proceed	55
under sections 521.02 to 521.07 of the Revised Codethis chapter	56
to maintain and repair the tiles by assessing the cost against	57
property based on the special benefits the property receives from	58
the project.	59

Sec. 3709.085.  (A) The board of health of a city or general	60
health district may enter into a contract with any political	61
subdivision or other governmental agency to obtain or provide all	62
or part of any services, including, but not limited to,	63
enforcement services, for the purposes of Chapter 3704. of the	64
Revised Code, the rules adopted and orders made pursuant thereto,	65
or any other ordinances or rules for the prevention, control, and	66
abatement of air pollution.	67

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

68

(a) "Semipublic disposal system" means a disposal system that	69
treats the sanitary sewage discharged from publicly or privately	70
owned buildings or places of assemblage, entertainment,	71
recreation, education, correction, hospitalization, housing, or	72
employment, but does not include a disposal system that treats	73
sewage in amounts of more than twenty-five thousand gallons per	74
day; a disposal system for the treatment of sewage that is exempt	75
from the requirements of section 6111.04 of the Revised Code	76
pursuant to division (F)(6)(7) of that section; or a disposal	77
system for the treatment of industrial waste.	78

(b) Terms defined in section 6111.01 of the Revised Code have	79
the same meanings as in that section.	80

(2) The board of health of a city or general health district	81
may enter into a contract with the environmental protection agency	82
to conduct on behalf of the agency inspection or enforcement	83
services, for the purposes of Chapter 6111. of the Revised Code	84
and rules adopted thereunder, for the disposal or treatment of	85
sewage from semipublic disposal systems. The board of health of a	86
city or general health district may charge a fee established	87
pursuant to section 3709.09 of the Revised Code to be paid by the	88
owner or operator of a semipublic disposal system for inspections	89
conducted by the board pursuant to a contract entered into under	90
division (B)(2) of this section, except that the board shall not	91
charge a fee for those inspections conducted at any manufactured	92
home park, recreational vehicle park, recreation camp, or combined	93
park-camp that is licensed under section 3733.03 of the Revised	94
Code.	95

Sec. 3709.09.  (A) The board of health of a city or general	96
health district may, by rule, establish a uniform system of fees	97
to pay the costs of any services provided by the board. Fees for	98
services provided by the board for purposes specified in sections	99
3701.344, 3711.05, 3718.06, 3730.03, 3733.04, 3733.25, and 3749.04	100
of the Revised Code shall be established in accordance with rules	101
adopted under division (B) of this section. The district advisory	102
council, in the case of a general health district, and the	103
legislative authority of the city, in the case of a city health	104
district, may disapprove any fee established by the board of	105
health under this division, and any such fee, as disapproved,	106
shall not be charged by the board of health.	107

(B) The public health council shall adopt rules under section	108
111.15 of the Revised Code that establish fee categories and	109
uniform methodologies for use in calculating the costs of services	110
provided for purposes specified in sections 3701.344, 3711.05,	111
3718.06, 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised	112
Code. In adopting the rules, the public health council shall	113
consider recommendations it receives from advisory boards	114
established either by statute or the director of health for	115
entities subject to the fees.	116

(C) At least thirty days prior to establishing a fee for a	117
service provided by the board for a purpose specified in section	118
3701.344, 3711.05, 3718.06, 3730.03, 3733.04, 3733.25, or 3749.04	119
of the Revised Code, a board of health shall notify any entity	120
that would be affected by the proposed fee of the amount of the	121
proposed fee.	122

Sec. 3709.091.  (A) As used in this section:

123

(1) "Household sewage disposaltreatment system" means any	124
sewage disposal or treatment system, or part thereofof such a	125
system, for a single-family, two-family, or three-family dwelling	126
that is installed on a single parcel of land and that receives not	127
more than two thousand five hundred gallons of sewage per day.	128

(2) "Sewage" means any liquid waste containing animal or	129
vegetable matter in suspension or solution from water closets,	130
urinals, lavatories, bathtubs, laundry tubs or devices, floor	131
drains, drinking fountains, or other sanitary fixtures, and may	132
include liquidliquids containing chemicals in solution.	133

(B) If any owner, leaseholder, or assignee of real property	134
fails to pay a fee as required by rule of a board of health of a	135
city or general health district pursuant to section 3709.09 of the	136
Revised Code for an operation permit for, or for inspection of, a	137
household sewage disposaltreatment system located on the real	138
property, the health commissioner of the city or general health	139
district or the commissioner's designated representative shall	140
notify the owner, leaseholder, or assignee of the real property of	141
the amount of the fee and any accrued penalties for late payment	142
of the fee. The notice shall state, in boldface letters: "You have	143
30 days to object to the amount of the unpaid operation permit or	144
inspection fee for your household sewage disposaltreatment system	145
as designated in this notice, which may include accrued penalties	146
for late payment of the fee. If you do not pay this amount as	147
instructed herein within 30 days of receipt of this notice or	148
object to this amount during that time period in accordance with	149
the procedures set forth herein, the amount will be placed as a	150
lien on your real property." The notice also shall explain how the	151
owner, leaseholder, or assignee may pay the amount, or object to	152
the amount in accordance with the procedures established by	153
divisions (C) and (D) of this section.	154

Notice to the owner, leaseholder, or assignee shall be made	155
by either of the following:	156

(1) Certified mail, overnight delivery service, hand	157
delivery, or any other method that includes written evidence of	158
receipt;	159

(2) The sheriff of the county in which the owner,	160
leaseholder, or assignee to be served resides, in one or more of	161
the methods provided in the Ohio Rules of Civil Procedure. The	162
sheriff may charge reasonable fees for suchthat service.	163

(C) Not later than thirty days after receipt under division	164
(B) of this section of notification of the amount of an unpaid	165
operation permit or inspection fee and any accrued late payment	166
penalties, the owner, leaseholder, or assignee may object to the	167
amount by delivering a written notice of objection to the health	168
commissioner by any of the means provided for in division (B)(1)	169
of this section. Not later than sixty days after receipt of the	170
notice of objection, the county prosecutor, on behalf of the city	171
or general health district, may file a civil action in the court	172
of common pleas against the owner, leaseholder, or assignee. If	173
the county prosecutor fails to commence suit within the sixty-day	174
period, or if the action is commenced, but dismissed with	175
prejudice before adjudication, the unpaid fee and any accrued late	176
payment penalties are void and cannot be placed on the general tax	177
list and duplicate as a lien against the real property.	178

(D) If, in accordance with division (C) of this section, the	179
owner, leaseholder, or assignee objects to the amount of the	180
unpaid operation permit or inspection fee and any accrued late	181
payment penalties and the county prosecutor commences suit and	182
prevails in the action, the owner, leaseholder, or assignee	183
objecting shall pay the amount of the fee, any accrued late	184
payment penalties, and the costs of the action, as determined by	185
the court.	186

(E) If the owner, leaseholder, or assignee on which the	187
notice required by division (B) of this section was served does	188
not pay to the city or general health district the amount of an	189
unpaid operation permit or inspection fee and any accrued late	190
payment penalties within thirty days after receipt of the notice,	191
or does not object to the amount in the manner provided in	192
division (C) of this section, the health commissioner of the city	193
or general health district or the commissioner's designated	194
representative may certify, on or before the first Monday of	195
September, the amount of the unpaid fee and any accrued late	196
payment penalties to the county auditor to be placed on the	197
general tax list and duplicate as provided in section 319.281 of	198
the Revised Code.	199

Sec. 3718.01. As used in this chapter:

200

(A) "Alter" means to change by making substantive	201
replacements of, additions to, or deletions in the design or	202
materials or to change the location of an existing household	203
sewage treatment system.	204

(B) "Board of health" means the board of health of a city or	205
general health district or the authority having the duties of a	206
board of health in any city as authorized by section 3709.05 of	207
the Revised Code.	208

(C) "Domestic septage" means the liquid or solid material	209
removed from a septic tank, cesspool, household sewage treatment	210
system or any component of a household sewage treatment system,	211
portable toilet, type III marine sanitation device as defined in	212
33 C.F.R. 159.3, or a similar household, noncommercial,	213
nonindustrial system.	214

(D) "Household sewage treatment system" means any sewage	215
treatment system, or part of such a system, that is installed on a	216
single parcel of land and that receives not more than two thousand	217
five hundred gallons of sewage per day.	218

(E) "Inspection" means the on-site evaluation or analysis of	219
the functioning of a household sewage treatment system.	220

(F) "Installer" means any person who engages in the business	221
of installing or altering or who, as an employee of another,	222
installs or alters any household sewage treatment system.	223

(G) "Manufacturer" means any person that manufactures	224
household sewage treatment systems or components of systems.	225

(H) "Person" has the same meaning as in section 1.59 of the	226
Revised Code and also includes any state, any political	227
subdivision of a state, and any department, division, board,	228
commission, agency, or instrumentality of a state or political	229
subdivision.	230

(I) "Sanitary sewerage system" means pipelines or conduits,	231
pumping stations, force mains, and all other constructions,	232
devices, appurtenances, and facilities that convey sewage to a	233
central sewage treatment plant and that are required to obtain a	234
permit under Chapter 6111. of the Revised Code.	235

(J) "Septage hauler" means any person who engages in the	236
collection, transportation, disposal, and land application of	237
domestic septage.	238

(K) "Service provider" means any person who services, but	239
does not install or alter, household sewage treatment systems.	240

(L) "Sewage" means any liquid waste containing animal or	241
vegetable matter in suspension or solution from water closets,	242
urinals, lavatories, bathtubs, laundry tubs or devices, or other	243
sanitary fixtures and may include liquids containing chemicals in	244
solution.	245

Sec. 3718.02. (A) Not later than one year after the effective	246
date of this section, the public health council, in accordance	247
with Chapter 119. of the Revised Code, shall adopt, and	248
subsequently may amend and rescind, rules of general application	249
throughout the state to administer this chapter. Rules adopted	250
under division (A) of this section shall do at least all of the	251
following:	252

(1) Require that the appropriate board of health approve or	253
disapprove the use of a household sewage treatment system for any	254
single parcel of land if it is not connected to a sanitary	255
sewerage system;	256

(2) Require that a board of health conduct a site evaluation	257
for any proposed installation of a household sewage treatment	258
system;	259

(3) Prescribe standards for the siting, design, installation,	260
operation, monitoring, maintenance, and abandonment of household	261
sewage treatment systems. The standards shall include at a minimum	262
all of the following:	263

(a) Soil absorption specifications;

264

(b) Specifications for discharging systems;

265

(c) Requirements for the maintenance of a system according to	266
the manufacturer's instructions, if available;	267

(d) Requirements and procedures under which a person may	268
demonstrate the required maintenance of a system in lieu of having	269
an inspection conducted when an inspection otherwise is required.	270

(4) Prescribe procedures for notification to boards of health	271
of the approval of a household sewage treatment system or	272
components of a system by the technical advisory committee created	273
in section 3718.03 of the Revised Code;	274

(5) Prescribe criteria and procedures under which boards of	275
health shall issue installation and operation permits for	276
household sewage treatment systems. The rules shall require as a	277
condition of an installation permit that the installer of a system	278
must warrant that the system will pass the inspection required in	279
rules adopted under division (A)(6) of this section. In addition,	280
the rules shall require a board of health, not later than sixty	281
days after the issuance of an installation permit, to certify to	282
the director of health on a form provided by the director that the	283
permit was issued.	284

(6) Require a board of health to inspect a household sewage	285
treatment system not later than eighteen months after its	286
installation to ensure that the system is operating properly. The	287
rules shall require a board of health, not later than sixty days	288
after the inspection, to certify to the director on a form	289
provided by the director that the inspection was performed.	290

(7) Require a board of health to register installers, service	291
providers, and septage haulers that perform work within the health	292
district and prescribe criteria and procedures for the	293
registration;	294

(8) Prescribe requirements for the collection,	295
transportation, disposal, and land application of domestic septage	296
in this state from a household sewage treatment system;	297

(9) Require boards of health to maintain records that are	298
determined necessary to ascertain compliance with this chapter and	299
the rules adopted under it;	300

(10) Require a board of health and the manufacturer of a	301
system, when possible, to provide instructions for the operation	302
and maintenance of the system. The rules shall authorize the	303
instructions to be posted on a board of health's web site and the	304
manufacturer's web site. In addition, the rules shall require a	305
board of health and a manufacturer to provide a copy of the	306
operation and maintenance instructions, if available, when a board	307
of health or a manufacturer receives a written request for	308
instructions.	309

(11) Prescribe minimum criteria and procedures under which	310
boards of health may establish household sewage treatment district	311
management programs for the purpose of providing a responsive	312
approach toward preventing or solving sewage treatment problems	313
resulting from household sewage treatment systems within the	314
districts established under the program. For purposes of division	315
(A)(11) of this section, a board of health may enter into a	316
contract with any entity to administer a household sewage	317
treatment district management program.	318

The council may adopt other rules under division (A) of this	319
section that it determines are necessary to implement this chapter	320
and to protect the public health and welfare.	321

At least sixty days prior to adopting a rule under division	322
(A) of this section, the council shall provide boards of health an	323
opportunity to comment on the rule.	324

(B) In accordance with section 3709.20 or 3709.21 of the	325
Revised Code, as applicable, and subject to review by and approval	326
of the director under division (C) of section 3718.05 of the	327
Revised Code, a board of health may adopt rules necessary for the	328
public health providing for more stringent standards governing	329
household sewage treatment systems, installers, service providers,	330
or septage haulers than those established in rules of the public	331
health council adopted under division (A) of this section. A board	332
that intends to adopt such rules shall notify the department of	333
health of the rules at least ninety days prior to the proposed	334
date of adoption. The director shall approve or disapprove any	335
such proposed rule within ninety days after receiving notice of it	336
under this division.	337

Sec. 3718.03. (A) There is hereby created the household	338
sewage treatment system technical advisory committee consisting of	339
the director of health or the director's designee and ten members	340
who are knowledgeable about household sewage treatment systems and	341
technologies to be appointed by the director. Of the ten members	342
appointed by the director, one shall represent academia, two shall	343
represent the interests of manufacturers of household sewage	344
treatment systems, two shall represent site evaluators,	345
installers, and service providers, two shall represent health	346
commissioners, two shall be selected from among sanitarians from	347
boards of health, engineers from the division of surface water in	348
the environmental protection agency, and soil scientists from the	349
department of natural resources, and one shall be a representative	350
of the public who is not employed by the state or any of its	351
political subdivisions and who does not have a pecuniary interest	352
in household sewage treatment systems. All appointments to the	353
committee shall be made not later than sixty days after the	354
effective date of this section.	355

(B) Of the initial members appointed by the director to the	356
technical advisory committee, three shall be appointed for one	357
year, three shall be appointed for two years, and four shall be	358
appointed for three years. Thereafter, terms shall be for three	359
years, with each term ending on the same day of the same month as	360
did the term that it succeeds. Each member shall serve from the	361
date of appointment until the end of the term for which the member	362
was appointed.	363

Members may be reappointed. Vacancies shall be filled in the	364
same manner as provided for original appointments. Any member	365
appointed to fill a vacancy occurring prior to the expiration date	366
of the term for which the member was appointed shall hold office	367
for the remainder of that term. A member shall continue to serve	368
after the expiration date of the member's term until the member's	369
successor is appointed or until a period of sixty days has	370
elapsed, whichever occurs first. The director may remove a member	371
from the committee for failure to attend two consecutive meetings	372
without showing good cause for the absences.	373

(C) The director or the director's designee shall serve as	374
the chairperson of the technical advisory committee. The committee	375
annually shall select from among its members a vice-chairperson	376
and a secretary to keep a record of its proceedings. A majority	377
vote of the members of the committee is necessary to take action	378
on any matter. The committee may adopt bylaws governing its	379
operation, including bylaws that establish the frequency of	380
meetings.	381

(D) Serving as a member of the household sewage treatment	382
system technical advisory committee does not constitute holding a	383
public office or position of employment under the laws of this	384
state and does not constitute grounds for removal of public	385
officers or employees from their offices or positions of	386
employment. Members of the committee shall serve without	387
compensation for attending committee meetings.	388

(E) A member of the committee shall not have a conflict of	389
interest with the position. For the purposes of this division,	390
"conflict of interest" means the taking of any action that	391
violates any provision of Chapter 102. or 2921. of the Revised	392
Code.	393

(F) The household sewage treatment system technical advisory	394
committee shall do all of the following:	395

(1) Develop with the department of health standards and	396
guidelines for use in approving or disapproving a household sewage	397
treatment system or components of a system under section 3718.04	398
of the Revised Code;	399

(2) Develop with the department an application form to be	400
submitted to the director by an applicant for approval or	401
disapproval of a household sewage treatment system or components	402
of a system and specify the information that must be included with	403
an application form;	404

(3) Approve or disapprove an application sent to the	405
committee under section 3718.04 of the Revised Code requesting	406
approval of a household sewage treatment system or components of a	407
system.	408

(G) The department of health shall provide meeting space for	409
the committee. The committee shall be assisted in its duties by	410
the staff of the department of health.	411

(H) Sections 101.82 to 101.87 of the Revised Code do not	412
apply to the household sewage treatment system technical advisory	413
committee.	414

Sec. 3718.04.  (A) A manufacturer seeking approval for the	415
use of a household sewage treatment system or a component of a	416
system in this state shall request an application form from the	417
department of health. The applicant shall complete the form and	418
include with it all of the information that is required by the	419
department and the household sewage treatment system technical	420
advisory committee. The applicant shall submit a completed	421
application and all required information to the director of	422
health.	423

(B) Upon receipt of an application, the director shall	424
examine the application and all accompanying information to	425
determine if the application is complete. If the director	426
determines that the application is not complete, the director	427
shall notify the applicant not later than fourteen days after	428
determining that the application is not complete, provide a	429
description of the information that is missing from the	430
application, and return the application and all accompanying	431
information to the applicant. The applicant may resubmit the	432
application to the director. Not later than fourteen days after	433
receipt of a complete application, the director shall notify the	434
committee of the complete application and send the complete	435
application and all accompanying information to the committee for	436
approval or disapproval.	437

(C) Not later than ninety days after receipt of a complete	438
application, the committee shall approve or disapprove the	439
application in writing. In approving or disapproving an	440
application, the committee shall use the standards and guidelines	441
that it developed with the department for that purpose. The	442
committee shall not approve an application that fails to comply	443
with those standards and guidelines.	444

(D) If the committee approves an application under this	445
section, the committee shall notify the applicant in writing and	446
forward a copy of the approval to the department of health. The	447
committee also shall notify boards of health in accordance with	448
the procedures established in rules adopted under section 3718.02	449
of the Revised Code. If the committee disapproves an application	450
under this section, the committee shall notify the applicant in	451
writing and provide a brief explanation for the disapproval.	452

Sec. 3718.05. The director of health shall do all of the	453
following:	454

(A) Administer and enforce this chapter and the rules of the	455
public health council adopted under it;	456

(B) Examine records of boards of health, in accordance with	457
rules adopted by the council, that are determined necessary to	458
ascertain compliance with this chapter and rules adopted under it;	459

(C) Review and approve or disapprove rules proposed by boards	460
of health under division (B) of section 3718.02 of the Revised	461
Code;	462

(D) Survey boards of health as required by section 3718.08 of	463
the Revised Code;	464

(E) Develop with the household sewage treatment system	465
technical advisory committee standards and guidelines for use by	466
the committee in approving or disapproving a household sewage	467
treatment system under section 3718.04 of the Revised Code and an	468
application form for use by applicants for that approval,	469
including identification of the information that must be included	470
with the form;	471

(F) Provide instructions on the operation and maintenance of	472
a household sewage treatment system. The director shall provide	473
the operation and maintenance instructions on the department of	474
health's website. In addition, the director shall provide a copy	475
of the operation and maintenance instructions when the director	476
receives a written request for the instructions.	477

Sec. 3718.06. (A)(1) A board of health shall establish fees	478
in accordance with section 3709.09 of the Revised Code for the	479
purpose of carrying out its duties under this chapter and rules	480
adopted under it, including a fee for an installation permit	481
issued by the board. All fees so established and collected by the	482
board shall be deposited in a special fund of the district to be	483
used exclusively by the board in carrying out those duties.	484

(2) In accordance with Chapter 119. of the Revised Code, the	485
public health council may establish by rule a fee to be collected	486
from applicants for installation permits issued under rules	487
adopted under this chapter. The director of health shall use the	488
proceeds from that fee for administering and enforcing this	489
chapter and the rules adopted under it by the council. A board of	490
health shall collect the fee at the same time that it collects the	491
fee established by it under division (A)(1) of this section for	492
installation permits.	493

Not later than sixty days after the last day of the month in	494
which an installation permit is issued, a board shall certify the	495
amount collected under division (A)(2) of this section and	496
transmit the amount to the treasurer of state. All money so	497
received shall be deposited in the state treasury to the credit of	498
the household sewage treatment system fund created in section	499
3718.07 of the Revised Code.	500

(B) The director may submit recommendations to the council	501
regarding the amount of the fee collected under division (A)(2) of	502
this section for installation permits. When making the	503
recommendations, the director shall submit a report stating the	504
current and projected expenses of administering and enforcing this	505
chapter and the rules adopted under it by the council and the	506
total of all money that has been deposited to the credit of the	507
household sewage treatment system fund under division (A)(2) of	508
this section. The director may include in the report any	509
recommendations for modifying the requirements established under	510
this chapter and the rules adopted under it by the council.	511

Sec. 3718.07.  There is hereby created in the state treasury	512
the household sewage treatment system fund. The fund shall consist	513
of all money deposited into it under division (A)(2) of section	514
3718.06 of the Revised Code. The money in the fund shall be used	515
by the department of health solely for administering and enforcing	516
this chapter and the rules adopted under it by the public health	517
council.	518

Sec. 3718.08. The director of health shall survey each city	519
and general health district at least once every three years to	520
determine whether there is substantial compliance with the	521
requirements of this chapter pertaining to health districts and	522
the applicable rules adopted by the public health council under	523
this chapter. Upon determining that there is substantial	524
compliance, the director shall place the district on an approved	525
list. The director may resurvey an approved district if it is	526
determined by the director to be necessary and may remove from the	527
list a district that is found not to be substantially complying	528
with the requirements of this chapter pertaining to health	529
districts and the applicable rules.	530

If the director determines that a district is not eligible to	531
be placed on the approved list or to continue on the list after a	532
resurvey, the director shall certify that determination to the	533
board of health, and the director shall carry out the duties of	534
the unapproved health district under this chapter and the	535
applicable rules adopted under it within the district or shall	536
contract with an approved health district to conduct those duties	537
until the unapproved district is placed on or returned to the	538
approved list. The director or the contracting district shall have	539
within the unapproved district the authority to exercise powers	540
and perform duties granted to or imposed on the board under this	541
chapter and the applicable rules adopted under it.	542

Until the unapproved district is placed on or returned to the	543
approved list, the director or the contracting district shall	544
collect all fees payable to the board of health under this chapter	545
and all such fees previously paid to the unapproved district that	546
have not been expended or encumbered. The director shall deposit	547
those fees in the state treasury to the credit of a special fund,	548
which is hereby created, to be used by the director for the	549
purpose of carrying out the duties of the unapproved health	550
district under this chapter and the applicable rules adopted under	551
it. A contracting district shall deposit those fees to the credit	552
of its fund created under section 3718.06 of the Revised Code to	553
be used by the district for the purpose of carrying out the duties	554
of the unapproved district under this chapter and the applicable	555
rules adopted under it. The director or contracting district shall	556
repay to the unapproved district any balance remaining in the	557
applicable fund from all sources when the unapproved district is	558
placed on or returned to the approved list by the director.	559

Sec. 3718.09. No person shall violate this chapter, any rule	560
adopted or order issued under it, or any condition of a	561
registration or permit issued under rules adopted under it.	562

Sec. 3718.10. (A) A board of health may issue, modify,	563
suspend, or revoke enforcement orders to a registration or permit	564
holder or other person directing the holder or person to abate a	565
violation of this chapter, any rule adopted or order issued under	566
it, or a condition of a registration or permit issued under it	567
within a specified, reasonable time. If an order issued under this	568
division is neglected or disregarded, the applicable board of	569
health may proceed in accordance with section 3707.02 of the	570
Revised Code.	571

(B) The health commissioner or the commissioner's designated	572
representative, without prior notice or hearing and in accordance	573
with the rules of the public health council, may issue an	574
emergency order requiring any action necessary to meet a public	575
health emergency regarding domestic septage management or	576
regarding a household sewage treatment system. A person to whom	577
such an emergency order is issued immediately shall comply with	578
the order. A person so ordered may apply to the issuer of the	579
order for a hearing, which shall be held as soon as possible, but	580
not later than twenty days after the issuer's receipt of the	581
application for a hearing.	582

Sec. 3718.11. (A) The prosecuting attorney of the county or	583
the city director of law, village solicitor, or other chief legal	584
officer of the municipal corporation where a violation has	585
occurred or is occurring, upon complaint of the director of health	586
or a board of health, shall prosecute to termination or bring an	587
action for injunction or other appropriate relief against any	588
person who is violating or has violated this chapter, any rule	589
adopted or order issued under it, or any condition of a	590
registration or permit issued under rules adopted under it. The	591
court of common pleas or the municipal or county court in which an	592
action for injunction is filed has jurisdiction to grant such	593
relief upon a showing that the respondent named in the complaint	594
is or was in violation of the chapter or rules, orders, or	595
conditions.	596

Upon finding that a person has violated this chapter, a rule	597
adopted or order issued under it, or any condition of a	598
registration or permit issued under rules adopted under it, the	599
court may assess a civil penalty of not more than one thousand	600
dollars for each day of violation against the person. Seventy-five	601
per cent of any penalties assessed by the court under this	602
division shall be transferred to the health district whose board	603
of health brought the complaint and shall be used for the purposes	604
of this chapter and the rules adopted under it. Twenty-five per	605
cent of any penalties assessed by the court under this division	606
shall be transferred to the prosecuting attorney of the county or	607
city director of law, village solicitor, or other chief legal	608
officer of the municipal corporation that prosecuted or brought	609
the action under this division to pay the expenses incurred in	610
bringing the action.	611

(B) The remedies provided in this chapter are in addition to	612
any other remedies available under law.	613

Sec. 3718.99. Whoever purposely violates section 3718.09 of	614
the Revised Code shall be fined not more than one thousand	615
dollars. Each day of violation is a separate offense. All money	616
collected from fines under this section shall be used to	617
administer and enforce this chapter and rules adopted under it and	618
shall be deposited as follows:	619

(A) If the violation occurred within a health district that	620
is approved under section 3718.08 of the Revised Code, the money	621
shall be deposited to the credit of the district's special fund	622
created under section 3718.06 of the Revised Code.	623

(B) If the violation occurred within a health district that	624
is not approved under section 3718.08 of the Revised Code and a	625
contracting district is carrying out the duties of the unapproved	626
health district in accordance with that section, the money shall	627
be deposited to the credit of the contracting district's special	628
fund created under section 3718.06 of the Revised Code.	629

(C) If the violation occurred within an unapproved health	630
district and the director of health is carrying out the duties of	631
the unapproved health district in accordance with section 3718.08	632
of the Revised Code, the money shall be deposited in the state	633
treasury to the credit of the special fund created in that	634
section.	635

Sec. 4736.01.  As used in this chapter:

636

(A) "Environmental health science" means the aspect of public	637
health science that includes, but is not limited to, the following	638
bodies of knowledge: air quality, food quality and protection,	639
hazardous and toxic substances, consumer product safety, housing,	640
institutional health and safety, community noise control,	641
radiation protection, recreational facilities, solid and liquid	642
waste management, vector control, drinking water quality, milk	643
sanitation, and rabies control.	644

(B) "Sanitarian" means a person who performs for compensation	645
educational, investigational, technical, or administrative duties	646
requiring specialized knowledge and skills in the field of	647
environmental health science.	648

(C) "Registered sanitarian" means a person who is registered	649
as a sanitarian in accordance with Chapter 4736. of the Revised	650
Codethis chapter.	651

(D) "Sanitarian-in-training" means a person who is registered	652
as a sanitarian-in-training in accordance with Chapter 4736. of	653
the Revised Codethis chapter.	654

(E) "Practice of environmental health" means consultation,	655
instruction, investigation, inspection, or evaluation by an	656
employee of a city health district, a general health district, the	657
Ohio environmental protection agency, the department of health, or	658
the department of agriculture requiring specialized knowledge,	659
training, and experience in the field of environmental health	660
science, with the primary purpose of improving or conducting	661
administration or enforcement under any of the following:	662

(1) Chapter 911., 913., 917., 3717., 3718., 3721., or 3733.	663
of the Revised Code;	664

(2) Chapter 3734. of the Revised Code as it pertains to solid	665
waste;	666

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	667
3707.33 to 3707.99, or section 3715.21 of the Revised Code;	668

(4) Rules adopted under section 3701.34 of the Revised Code	669
pertaining to home sewage, rabies control, or swimming pools.	670

"Practice of environmental health" does not include sampling,	671
testing, controlling of vectors, reporting of observations, or	672
other duties that do not require application of specialized	673
knowledge and skills in environmental health science performed	674
under the supervision of a registered sanitarian.	675

The state board of sanitarian registration may further define	676
environmental health science in relation to specific functions in	677
the practice of environmental health through rules adopted by the	678
board under Chapter 119. of the Revised Code.	679

Sec. 5302.30.  (A) As used in this section:

680

(1) "Good faith" means honesty in fact in a transaction	681
involving the transfer of residential real property.	682

(2) "Land installment contract" has the same meaning as in	683
section 5313.01 of the Revised Code.	684

(3) "Political subdivision" and "state" have the same	685
meanings as in section 2744.01 of the Revised Code.	686

(4) "Residential real property" means real property that is	687
improved by a building or other structure that has one to four	688
dwelling units.	689

(B)(1) Except as provided in division (B)(2) of this section,	690
this section applies to any transfer of residential real property	691
that occurs on or after July 1, 1993, by sale, land installment	692
contract, lease with option to purchase, exchange, or lease for a	693
term of ninety-nine years and renewable forever. For purposes of	694
this section, a transfer occurs when the initial contract for	695
transfer is executed, regardless of when legal title is	696
transferred, and references in this section to transfer offers and	697
transfer agreements refer to offers and agreements in respect of	698
the initial contract for transfer.	699

(2) This section does not apply to any transfer of	700
residential real property that is any of the following:	701

(a) A transfer pursuant to court order, including, but not	702
limited to, a transfer ordered by a probate court during the	703
administration of a decedent's estate, a transfer pursuant to a	704
writ of execution, a transfer by a trustee in bankruptcy, a	705
transfer as a result of the exercise of the power of eminent	706
domain, and a transfer that results from a decree for specific	707
performance of a contract or other agreement between persons;	708

(b) A transfer to a mortgagee by a mortgagor by deed in lieu	709
of foreclosure or in satisfaction of the mortgage debt;	710

(c) A transfer to a beneficiary of a deed of trust by a	711
trustor in default;	712

(d) A transfer by a foreclosure sale that follows a default	713
in the satisfaction of an obligation secured by a mortgage;	714

(e) A transfer by a sale under a power of sale following a	715
default in the satisfaction of an obligation that is secured by a	716
deed of trust or another instrument containing a power of sale;	717

(f) A transfer by a mortgagee, or a beneficiary under a deed	718
of trust, who has acquired the residential real property at a sale	719
conducted pursuant to a power of sale under a mortgage or a deed	720
of trust or who has acquired the residential real property by a	721
deed in lieu of foreclosure;	722

(g) A transfer by a fiduciary in the course of the	723
administration of a decedent's estate, a guardianship, a	724
conservatorship, or a trust;	725

(h) A transfer from one co-owner to one or more other	726
co-owners;	727

(i) A transfer made to the transferor's spouse or to one or	728
more persons in the lineal line of consanguinity of one or more of	729
the transferors;	730

(j) A transfer between spouses or former spouses as a result	731
of a decree of divorce, dissolution of marriage, annulment, or	732
legal separation or as a result of a property settlement agreement	733
incidental to a decree of divorce, dissolution of marriage,	734
annulment, or legal separation;	735

(k) A transfer to or from the state, a political subdivision	736
of the state, or another governmental entity;	737

(l) A transfer that involves newly constructed residential	738
real property that previously has not been inhabited;	739

(m) A transfer to a transferee who has occupied the property	740
as a personal residence for one or more years immediately prior to	741
the transfer;	742

(n) A transfer from a transferor who both has not occupied	743
the property as a personal residence within one year immediately	744
prior to the transfer and has acquired the property through	745
inheritance or devise.	746

(C) Except as provided in division (B)(2) of this section and	747
subject to divisions (E) and (F) of this section, every person who	748
intends to transfer any residential real property on or after July	749
1, 1993, by sale, land installment contract, lease with option to	750
purchase, exchange, or lease for a term of ninety-nine years and	751
renewable forever shall complete all applicable items in a	752
property disclosure form prescribed under division (D)(1) of this	753
section and shall deliver in accordance with division (I) of this	754
section a signed and dated copy of the completed form and, if	755
applicable, information on the operation and maintenance of a	756
household sewage treatment system as prescribed under division	757
(D)(2) of this section to each prospective transferee or his	758
prospective transferee's agent as soon as is practicable.	759

(D)(1) Prior to July 1, 1993, the director of commerce, by	760
rule adopted in accordance with Chapter 119. of the Revised Code,	761
shall prescribe the disclosure form to be completed by	762
transferors. The form prescribed by the director shall be designed	763
to permit the transferor to disclose material matters relating to	764
the physical condition of the property to be transferred,	765
including, but not limited to, the source of water supply to the	766
property; the nature of the sewer system serving the property; the	767
condition of the structure of the property, including the roof,	768
foundation, walls, and floors; the presence of hazardous materials	769
or substances, including lead-based paint, asbestos,	770
urea-formaldehyde foam insulation, and radon gas; and any material	771
defects in the property that are within the actual knowledge of	772
the transferor.	773

The form also shall set forth a statement of the purpose of	774
the form, including statements substantially similar to the	775
following: that the form constitutes a statement of the conditions	776
of the property and of information concerning the property	777
actually known by the transferor; that, unless the transferee is	778
otherwise advised in writing, the transferor, other than having	779
lived at or owning the property, possesses no greater knowledge	780
than that which could be obtained by a careful inspection of the	781
property by a potential transferee; that the statement is not a	782
warranty of any kind by the transferor or by any agent or subagent	783
representing the transferor in this transaction; that the	784
statement is not a substitute for any inspections; that the	785
transferee is encouraged to obtain his/herthe transferee's own	786
professional inspection; that the representations are made by the	787
transferor and are not the representations of the transferor's	788
agent or subagent; and that the form and the representations	789
contained therein are provided by the transferor exclusively to	790
potential transferees in a transfer made by the transferor, and	791
are not made to transferees in any subsequent transfers.	792

The form shall include instructions to the transferor for	793
completing the form, space in which the transferor or transferors	794
shall sign and date the form, and space in which the transferee or	795
transferees shall sign and date the form acknowledging receipt of	796
a copy of the form, acknowledging receipt of information on the	797
operation and maintenance of a household sewage treatment system,	798
if applicable, and stating that the transferee or transferees	799
understand the purpose of the form as stated thereon.	800

(2) If the real property to be transferred is served by a	801
household sewage treatment system, the transferor of the property	802
shall provide to the transferee, in addition to the disclosure	803
form, information on the operation and maintenance of the system	804
serving the property. The information may be obtained from the	805
department of health, a board of health, or, if available, the	806
manufacturer of the system as provided in Chapter 3718. of the	807
Revised Code and rules adopted under it.	808

As used in this section, "household sewage treatment system"	809
has the same meaning as in section 3718.01 of the Revised Code.	810

(E)(1) Each disclosure of an item of information that is	811
required to be made in the property disclosure form and, if	812
applicable, information on the operation and maintenance of a	813
household sewage treatment system prescribed under division (D) of	814
this section in connection with particular residential real	815
property and each act that may be performed in making any	816
disclosure of an item of information shall be made or performed in	817
good faith.	818

(2) If an item of information is unknown to the transferor of	819
residential real property at the time the item is required to be	820
disclosed in the property disclosure form or, if applicable,	821
information on the operation and maintenance of a household sewage	822
treatment system is unknown to the transferor at that time, and if	823
the approximation is not used for the purpose of circumventing or	824
otherwise evading divisions (C) and (D) of this section, the	825
transferor may make a good faith approximation of the item of	826
information.	827

(F)(1) A transferor of residential real property is not	828
liable in damages in a civil action for injury, death, or loss to	829
person or property that allegedly arises from any error in,	830
inaccuracy of, or omission of any item of information required to	831
be disclosed in the property disclosure form, and, if applicable,	832
any error in, inaccuracy of, or omission of information required	833
concerning the operation and maintenance of a household sewage	834
treatment system, if the error, inaccuracy, or omission was not	835
within the transferor's actual knowledge.	836

(2) If any item of information that is disclosed in the	837
property disclosure form or, if applicable, information on the	838
operation and maintenance of a household sewage treatment system	839
is rendered inaccurate after the delivery of the form to the	840
transferee of residential real property or histhe transferee's	841
agent as a result of any act, occurrence, or agreement, the	842
subsequent inaccuracy does not cause, and shall not be construed	843
as causing, the transferor of the residential real property to be	844
in noncompliance with the requirements of divisions (C) and (D) of	845
this section.	846

(G) Any disclosure of an item of information in the property	847
disclosure form or information on the operation and maintenance of	848
a household sewage treatment system prescribed under division (D)	849
of this section may be amended in writing by the transferor of	850
residential real property at any time following the delivery of	851
the form and, if applicable, the information on the operation and	852
maintenance of a household sewage treatment system in accordance	853
with divisions (C) and (I) of this section. The amendment shall be	854
subject to the provisions of this section.	855

(H) Except as provided in division (B)(2) of this section,	856
every prospective transferee of residential real property who	857
receives in accordance with division (C) of this section a signed	858
and dated copy of a completed property disclosure form and, if	859
applicable, information on the operation and maintenance of a	860
household sewage treatment system as prescribed under division (D)	861
of this section shall acknowledge his receipt of the form and, if	862
applicable, information on the operation and maintenance of a	863
household sewage treatment system by doing both of the following:	864

(1) Signing and dating a copy of the form;

865

(2) Delivering a signed and dated copy of the form to the	866
transferor or histhe transferor's agent or subagent.	867

(I) The transferor's delivery under division (C) of this	868
section of a property disclosure form and, if applicable,	869
information on the operation and maintenance of a household sewage	870
treatment system as prescribed under division (D) of this section	871
and the prospective transferee's delivery under division (H) of	872
this section of an acknowledgment of his receipt of that form and,	873
if applicable, information on the operation and maintenance of a	874
household sewage treatment system shall be made by personal	875
delivery to the other party or histhe other party's agent or	876
subagent, by ordinary mail or certified mail, return receipt	877
requested, or by facsimile transmission. For the purposes of the	878
delivery requirements of this section, the delivery of a property	879
disclosure form or, if applicable, information on the operation	880
and maintenance of a household sewage treatment system to a	881
prospective co-transferee of residential real property or hisa	882
prospective co-transferee's agent shall be considered delivery to	883
the other prospective transferees unless otherwise provided by	884
contract.	885

(J) The specification of items of information that must be	886
disclosed in the property disclosure form as prescribed under	887
division (D)(1) of this section does not limit or abridge, and	888
shall not be construed as limiting or abridging, any obligation to	889
disclose an item of information that is created by any other	890
provision of the Revised Code or the common law of this state or	891
that may exist in order to preclude fraud, either by	892
misrepresentation, concealment, or nondisclosure in a transaction	893
involving the transfer of residential real property. The	894
disclosure requirements of this section do not bar, and shall not	895
be construed as barring, the application of any legal or equitable	896
defense that a transferor of residential real property may assert	897
in a civil action commenced against the transferor by a	898
prospective or actual transferee of that property.	899

(K)(1) Except as provided in division (K)(2) of this section,	900
but subject to divisions (J) and (L) of this section, a transfer	901
of residential real property that is subject to this section shall	902
not be invalidated because of the failure of the transferor to	903
provide to the transferee in accordance with division (C) of this	904
section a completed property disclosure form or, if applicable,	905
information on the operation and maintenance of a household sewage	906
treatment system as prescribed under division (D) of this section.	907

(2) Subject to division (K)(3)(c) of this section, if a	908
transferee of residential real property that is subject to this	909
section receives a property disclosure form or an amendment of	910
that form or, if applicable, information on the operation and	911
maintenance of a household sewage treatment system or an amendment	912
of that information as described in division (G) of this section	913
after the transferee has entered into a transfer agreement with	914
respect to the property, the transferee, after his receipt of the	915
form, information, if applicable, on the operation and maintenance	916
of a household sewage treatment system, or an amendment of either,	917
may rescind the transfer agreement in a written, signed, and dated	918
document that is delivered to the transferor or histhe	919
transferor's agent or subagent in accordance with divisions	920
(K)(3)(a) and (b) of this section, without incurring any legal	921
liability to the transferor because of the rescission, including,	922
but not limited to, a civil action for specific performance of the	923
transfer agreement. Upon the rescission of the transfer agreement,	924
the transferee is entitled to the return of, and the transferor	925
shall return, any deposits made by the transferee in connection	926
with the proposed transfer of the residential real property.	927

(3)(a) Subject to division (K)(3)(b) of this section, a	928
rescission of a transfer agreement under division (K)(2) of this	929
section only may occur if the transferee's written, signed, and	930
dated document of rescission is delivered to the transferor or his	931
the transferor's agent or subagent within three business days	932
following the date on which the transferee or histhe transferee's	933
agent receives the property disclosure form and, if applicable,	934
information on the operation and maintenance of a household sewage	935
treatment system prescribed under division (D) of this section or	936
the amendment of that form or, if applicable, information on the	937
operation and maintenance of a household sewage treatment system	938
as described in division (G) of this section.	939

(b) A transferee may not rescind a transfer agreement under	940
division (K)(2) of this section unless hethe transferee rescinds	941
the transfer agreement by the earlier of the date that is thirty	942
days after the date upon which the transferor accepted the	943
transferee's transfer offer or the date of the closing of the	944
transfer of the residential real property.	945

(c) A transferee of residential real property may waive the	946
right of rescission of a transfer agreement described in division	947
(K)(2) of this section.	948

(d) A rescission of a transfer agreement is not permissible	949
under division (K)(2) of this section if a transferee of	950
residential real property that is subject to this section receives	951
a property disclosure form and, if applicable, information on the	952
operation and maintenance of a household sewage treatment system	953
as prescribed under division (D) of this section or an amendment	954
of that form or, if applicable, information on the operation and	955
maintenance of a household sewage treatment system as described in	956
division (G) of this section prior to the transferee's submission	957
to the transferor or histhe transferor's agent or subagent of a	958
transfer offer and the transferee's entry into a transfer	959
agreement with respect to the property.	960

(4) If a transferee of residential real property subject to	961
this section does not receive a property disclosure form and, if	962
applicable, information on the operation and maintenance of a	963
household sewage treatment system from the transferor after the	964
transferee has submitted to the transferor or histhe transferor's	965
agent or subagent a transfer offer and has entered into a transfer	966
agreement with respect to the property, the transferee may rescind	967
the transfer agreement in a written, signed, and dated document	968
that is delivered to the transferor or histhe transferor's agent	969
or subagent in accordance with division (K)(4) of this paragraph,	970
section without incurring any legal liability to the transferor	971
because of the rescission, including, but not limited to, a civil	972
action for specific performance of the transfer agreement. Upon	973
the rescission of the transfer agreement, the transferee is	974
entitled to the return of, and the transferor shall return, any	975
deposits made by the transferee in connection with the proposed	976
transfer of the residential real property. A transferee may not	977
rescind a transfer agreement under division (K)(4) of this	978
paragraphsection unless hethe transferee rescinds the transfer	979
agreement by the earlier of the date that is thirty days after the	980
date upon which the transferor accepted the transferee's transfer	981
offer or the date of the closing of the transfer of the	982
residential real property.	983

(L) The right of rescission of a transfer agreement described	984
in division (K)(2) of this section or the absence of that right	985
does not affect, and shall not be construed as affecting, any	986
other legal causes of action or other remedies that a transferee	987
or prospective transferee of residential real property may possess	988
against the transferor of that property.	989

Sec. 6111.04.  (A) Both of the following apply except as	990
otherwise provided in division (A) or (F) of this section:	991

(1) No person shall cause pollution or place or cause to be	992
placed any sewage, sludge, sludge materials, industrial waste, or	993
other wastes in a location where they cause pollution of any	994
waters of the state.	995

(2) Such an action prohibited under division (A)(1) of this	996
section is hereby declared to be a public nuisance.	997

Divisions (A)(1) and (2) of this section do not apply if the	998
person causing pollution or placing or causing to be placed wastes	999
in a location in which they cause pollution of any waters of the	1000
state holds a valid, unexpired permit, or renewal of a permit,	1001
governing the causing or placement as provided in sections 6111.01	1002
to 6111.08 of the Revised Code or if the person's application for	1003
renewal of such a permit is pending.	1004

(B) If the director administers a sludge management program	1005
pursuant to division (S) of section 6111.03 of the Revised Code,	1006
both of the following apply except as otherwise provided in	1007
division (B) or (F) of this section:	1008

(1) No person, in the course of sludge management, shall	1009
place on land located in the state or release into the air of the	1010
state any sludge or sludge materials.	1011

(2) An action prohibited under division (B)(1) of this	1012
section is hereby declared to be a public nuisance.	1013

Divisions (B)(1) and (2) of this section do not apply if the	1014
person placing or releasing the sludge or sludge materials holds a	1015
valid, unexpired permit, or renewal of a permit, governing the	1016
placement or release as provided in sections 6111.01 to 6111.08 of	1017
the Revised Code or if the person's application for renewal of	1018
such a permit is pending.	1019

(C) No person to whom a permit has been issued shall place or	1020
discharge, or cause to be placed or discharged, in any waters of	1021
the state any sewage, sludge, sludge materials, industrial waste,	1022
or other wastes in excess of the permissive discharges specified	1023
under an existing permit without first receiving a permit from the	1024
director to do so.	1025

(D) No person to whom a sludge management permit has been	1026
issued shall place on the land or release into the air of the	1027
state any sludge or sludge materials in excess of the permissive	1028
amounts specified under the existing sludge management permit	1029
without first receiving a modification of the existing sludge	1030
management permit or a new sludge management permit to do so from	1031
the director.	1032

(E) The director may require the submission of plans,	1033
specifications, and other information that the director considers	1034
relevant in connection with the issuance of permits.	1035

(F) This section does not apply to any of the following:

1036

(1) Waters used in washing sand, gravel, other aggregates, or	1037
mineral products when the washing and the ultimate disposal of the	1038
water used in the washing, including any sewage, industrial waste,	1039
or other wastes contained in the waters, are entirely confined to	1040
the land under the control of the person engaged in the recovery	1041
and processing of the sand, gravel, other aggregates, or mineral	1042
products and do not result in the pollution of waters of the	1043
state;	1044

(2) Water, gas, or other material injected into a well to	1045
facilitate, or that is incidental to, the production of oil, gas,	1046
artificial brine, or water derived in association with oil or gas	1047
production and disposed of in a well, in compliance with a permit	1048
issued under Chapter 1509. of the Revised Code, or sewage,	1049
industrial waste, or other wastes injected into a well in	1050
compliance with an injection well operating permit. Division	1051
(F)(2) of this section does not authorize, without a permit, any	1052
discharge that is prohibited by, or for which a permit is required	1053
by, regulation of the United States environmental protection	1054
agency.	1055

(3) Application of any materials to land for agricultural	1056
purposes or runoff of the materials from that application or	1057
pollution by animal waste or soil sediment, including attached	1058
substances, resulting from farming, silvicultural, or earthmoving	1059
activities regulated by Chapter 307. or 1515. of the Revised Code;	1060

(4) The excrement of domestic and farm animals defecated on	1061
land or runoff therefrom into any waters of the state;	1062

(5) On and after the date on which the United States	1063
environmental protection agency approves the NPDES program	1064
submitted by the director of agriculture under section 903.08 of	1065
the Revised Code, storm water from an animal feeding facility, as	1066
defined in section 903.01 of the Revised Code, or manure, as	1067
defined in that section;	1068

(6) The discharge of sewage, industrial waste, or other	1069
wastes into a sewerage system tributary to a treatment works.	1070
Division (F)(5)(6) of this section does not authorize any	1071
discharge into a publicly owned treatment works in violation of a	1072
pretreatment program applicable to the publicly owned treatment	1073
works.	1074

(7) Septic tanks or any other disposal systems for the	1075
disposal or treatment of sewage from single-family, two-family, or	1076
three-family dwellingsthat are installed on a single parcel of	1077
land in compliance with the sanitary code and section 3707.01 of	1078
the Revised Code and that receive not more than two thousand five	1079
hundred gallons of sewage per day. Division (F)(6)(7) of this	1080
section does not authorize, without a permit, any discharge that	1081
is prohibited by, or for which a permit is required by, regulation	1082
of the United States environmental protection agency.	1083

(8) Exceptional quality sludge generated outside of this	1084
state and contained in bags or other containers not greater than	1085
one hundred pounds in capacity. As used in division (F)(7)(8) of	1086
this section, "exceptional quality sludge" has the same meaning as	1087
in division (Y) of section 3745.11 of the Revised Code.	1088

(G) The holder of a permit issued under section 402 (a) of	1089
the Federal Water Pollution Control Act need not obtain a permit	1090
for a discharge authorized by the permit until its expiration	1091
date. The director shall administer and enforce those permits	1092
within this state and may modify their terms and conditions in	1093
accordance with division (J) of section 6111.03 of the Revised	1094
Code.	1095

Section 2. That existing sections 319.281, 521.01, 3709.085,	1096
3709.09, 3709.091, 4736.01, 5302.30, and 6111.04 of the Revised	1097
Code are hereby repealed.	1098

Section 3. Chapter 3701.29 of the Ohio Administrative Code	1099
shall remain in effect as it existed on the effective date of this	1100
act until it is superseded by the rules that are required to be	1101
adopted under section 3718.02 of the Revised Code as enacted by	1102
this act.	1103

Section 4.  Section 3709.085 of the Revised Code is presented	1104
in this act as a composite of the section as amended by both Am.	1105
Sub. H.B. 197 and S.B. 198 of the 123rd General Assembly. The	1106
General Assembly, applying the principle stated in division (B) of	1107
section 1.52 of the Revised Code that amendments are to be	1108
harmonized if reasonably capable of simultaneous operation, finds	1109
that the composite is the resulting version of the section in	1110
effect prior to the effective date of the section as presented in	1111
this act.	1112