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

To amend sections 307.37, 319.281, 521.01, 711.05,

1

711.10, 711.131, 3701.83, 3709.085, 3709.09,

2

3709.091, 4736.01, 5302.30, 6111.04, and 6111.44

3

and to enact sections 3718.01, 3718.02, 3718.021,

4

3718.03 to 3718.10, 3718.99, and 6111.441 of the

5

Revised Code to require the Public Health Council

6

to adopt rules governing household sewage

7

treatment systems and small flow on-site sewage

8

treatment systems, to define and authorize boards

9

of health to regulate small flow on-site sewage

10

treatment systems, to create the Sewage Treatment

11

System Technical Advisory Committee to advise the

12

Director of Health on the approval or disapproval

13

of new systems, to require the transferor of real

14

property that is served by a sewage treatment

15

system to provide on the real property disclosure

16

form a statement that operation and maintenance

17

information on the system is available from the

18

Department of Health or the local board of health

19

of the health district in which the system is

20

located, and to establish other requirements

21

governing sewage treatment systems.

22

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

Section 1. That sections 307.37, 319.281, 521.01, 711.05,	23
711.10, 711.131, 3701.83, 3709.085, 3709.09, 3709.091, 4736.01,	24
5302.30, 6111.04, and 6111.44 be amended and sections 3718.01,	25
3718.02, 3718.021, 3718.03, 3718.04, 3718.05, 3718.06, 3718.07,	26
3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised	27
Code be enacted to read as follows:	28

Sec. 307.37. (A) As used in this section, "proposed new	29
construction" means a proposal to erect, construct, repair, alter,	30
redevelop, or maintain a single-family, two-family, or	31
three-family dwelling or any structure that is regulated by the	32
Ohio building code.	33

(B)(1) The board of county commissioners, in addition to its	34
other powers, may adopt, amend, rescind, administer, and enforce	35
regulations pertaining to the erection, construction, repair,	36
alteration, redevelopment, and maintenance of single-family,	37
two-family, and three-family dwellings within the unincorporated	38
territory of the county, or the board may establish districts in	39
any part of the unincorporated territory and may adopt, amend,	40
rescind, administer, and enforce such regulations in the	41
districts. When adopted, all regulations, including service	42
charges, shall be uniform within all districts in which building	43
codes are established; however, more stringent regulations may be	44
imposed in flood hazard areas and in Lake Erie coastal erosion	45
areas identified under section 1506.06 of the Revised Code in	46
order to prevent or reduce the hazard resulting from flooding and	47
from erosion along Lake Erie. Except as provided in division	48
(B)(3) of this section, in no case shall the regulations go beyond	49
the scope of regulating the safety, health, and sanitary	50
conditions of those buildings.	51

Any person adversely affected by an order of the board	52
adopting, amending, or rescinding a regulation under this section	53
may appeal to the court of common pleas of the county on the	54
ground that the board failed to comply with the law in adopting,	55
amending, rescinding, publishing, or distributing the regulation,	56
that the regulation, as adopted or amended by the board, is	57
unreasonable or unlawful, or that the revision of the regulation	58
was unreasonable or unlawful.	59

(2) A county building code may include regulations for	60
participation in the national flood insurance program established	61
in the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42	62
U.S.C.A. 4002, as amended, and regulations adopted for the	63
purposes of section 1506.04 or 1506.07 of the Revised Code	64
governing the prohibition, location, erection, construction,	65
redevelopment, or floodproofing of new buildings or structures,	66
substantial improvements to existing buildings or structures, or	67
other development in unincorporated territory within flood hazard	68
areas identified under the "Flood Disaster Protection Act of	69
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within Lake	70
Erie coastal erosion areas identified under section 1506.06 of the	71
Revised Code, including, but not limited to, residential,	72
commercial, institutional, or industrial buildings or structures	73
or other permanent structures, as defined in section 1506.01 of	74
the Revised Code. Rules adopted under division (B)(2) of this	75
section shall not conflict with the Ohio building code.	76

(3)(a) A county building code may include regulations that	77
provide for a review of the specific effects of a proposed new	78
construction on existing surface or subsurface drainage. The	79
regulations may require reasonable drainage mitigation and	80
reasonable alteration of a proposed new construction before a	81
building permit is issued in order to prevent or correct any	82
adverse effects that the proposed new construction may have on	83
existing surface or subsurface drainage. The regulations shall not	84
be inconsistent with, more stringent than, or broader in scope	85
than standards adopted by the natural resource conservation	86
service in the United States department of agriculture concerning	87
drainage or rules adopted by the environmental protection agency	88
for reducing, controlling, or mitigating storm water runoff from	89
construction sites, where applicable. The regulations shall allow	90
a person who is registered under Chapter 4703. or 4733. of the	91
Revised Code to prepare and submit relevant plans and other	92
documents for review, provided that the person is authorized to	93
prepare the plans and other documents pursuant to the person's	94
registration.	95

(b) If regulations are adopted under division (B)(3) of this	96
section, the board shall specify in the regulations a procedure	97
for the review of the specific effects of a proposed new	98
construction on existing surface or subsurface drainage. The	99
procedure shall include at a minimum all of the following:	100

(i) A meeting at which the proposed new construction shall be	101
examined for those specific effects. The meeting shall be held	102
within thirty days after an application for a building permit is	103
filed or a review is requested unless the applicant agrees in	104
writing to extend that time period or to postpone the meeting to	105
another date, time, or place. The meeting shall be scheduled	106
within five days after an application for a building permit is	107
filed or a review is requested.	108

(ii) Written notice of the date, time, and place of that	109
meeting, sent by regular mail to the applicant. The written notice	110
shall be mailed at least seven days before the scheduled meeting	111
date.	112

(iii) Completion of the review by the board of county	113
commissioners not later than thirty days after the application for	114
a building permit is filed or a review is requested unless the	115
applicant has agreed in writing to extend that time period or	116
postpone the meeting to a later time, in which case the review	117
shall be completed not later than two days after the date of the	118
meeting. A complete review shall include the issuance of any order	119
of the board of county commissioners regarding necessary	120
reasonable drainage mitigation and necessary reasonable	121
alterations to the proposed new construction to prevent or correct	122
any adverse effects on existing surface or subsurface drainage. If	123
the review is not completed within the thirty-day period or an	124
extended or postponed period that the applicant has agreed to, the	125
proposed new construction shall be deemed to have no adverse	126
effects on existing surface or subsurface drainage, and those	127
effects shall not be a valid basis for the denial of a building	128
permit.	129

(iv) A written statement, provided to the applicant at the	130
meeting or in an order for alterations to a proposed new	131
construction, informing the applicant of the right to seek	132
appellate review of the denial of a building permit under division	133
(B)(3)(b)(iii) of this section by filing a petition in accordance	134
with Chapter 2506. of the Revised Code.	135

(c) The regulations may authorize the board, after obtaining	136
the advice of the county engineer, to enter into an agreement with	137
the county engineer or another qualified person or entity to carry	138
out any necessary inspections and make evaluations about what, if	139
any, alterations are necessary to prevent or correct any adverse	140
effects that a proposed new construction may have on existing	141
surface or subsurface drainage.	142

(d) Regulations authorized by division (B)(3) of this section	143
shall not apply to any property that has been approved by a	144
platting authority under section 711.05, 711.09, 711.10, or	145
711.131 of the Revised Code.	146

(e) As used in division (B)(3) of this section, "subsurface	147
drainage" does not include a household sewage disposaltreatment	148
system as defined in section 3709.091 of the Revised Code.	149

(C) Regulations or amendments may be adopted under this	150
section only after public hearing at not fewer than two regular	151
sessions of the board. The board shall cause to be published in a	152
newspaper of general circulation in the county notice of the	153
public hearings, including time, date, and place, once a week for	154
two weeks immediately preceding the hearings. The proposed	155
regulations or amendments shall be made available by the board to	156
the public at the board office. The regulations or amendments	157
shall take effect on the thirty-first day following the date of	158
their adoption.	159

(D) No person shall violate any regulation of the board	160
adopted under sections 307.37 to 307.40 of the Revised Code.	161

Each day during which an illegal location, erection,	162
construction, floodproofing, repair, alteration, development,	163
redevelopment, or maintenance continues may be considered a	164
separate offense.	165

(E) Regulations or amendments adopted by resolution of the	166
board do not affect buildings or structures that exist or on which	167
construction has begun on or before the date the regulation or	168
amendment is adopted by the board.	169

(F) The board may provide for a building regulation	170
department and may employ personnel that it determines to be	171
necessary for the purpose of enforcing its regulations. Upon	172
certification of the building department under section 3781.10 of	173
the Revised Code, the board may direct the county building	174
department to exercise enforcement authority and to accept and	175
approve plans pursuant to sections 3781.03 and 3791.04 of the	176
Revised Code for any other kind or class of building in the	177
unincorporated territory of the county.	178

Sec. 319.281.  The county auditor shall place on the general	179
tax list and duplicate compiled in accordance with section 319.28	180
of the Revised Code the amount certified by the health	181
commissioner of a city or general health district pursuant to	182
section 3709.091 of the Revised Code of any unpaid operation	183
permit or inspection fee for a household sewage disposaltreatment	184
system or a small flow on-site sewage treatment system or any	185
other unpaid fee levied under Chapter 3718. of the Revised Code	186
and any accrued late payment penalties, together with any fee	187
charged by the county auditor for placing the amount on the	188
general tax list and duplicate and for the expenses of its	189
collection. The amount placed on the general tax list and	190
duplicate shall be a lien on the real property on which the	191
household sewage disposaltreatment system or small flow on-site	192
sewage treatment system is located from the date the amount was	193
placed on the tax list and duplicate, and shall be charged and	194
collected in the same manner as taxes on the list.	195

Sec. 521.01.  (A) As used in this chapter, "private sewage	196
collection tile" means any tile, ditch, pipe, or other improvement	197
installed by a private person to receive and convey sewage and	198
sewage effluent from at least five household sewage disposal	199
treatment systems, as those systems are defined in rules adopted	200
by the public health council underin section 3701.343718.01 of	201
the Revised Code.	202

(B) A board of township trustees may maintain and repair	203
private sewage collection tiles located within a township road	204
right-of-way in the township, where the expenditure from the	205
township general fund for materials to maintain and repair the	206
tiles does not exceed two hundred dollars for any one project. No	207
maintenance or repair shall be performed that is paid for from the	208
township general fund under this division until the board adopts a	209
resolution authorizing the maintenance or repair. If material	210
costs would exceed two hundred dollars, the board may proceed	211
under sections 521.02 to 521.07 of the Revised Codethis chapter	212
to maintain and repair the tiles by assessing the cost against	213
property based on the special benefits the property receives from	214
the project.	215

Sec. 711.05.  (A) Upon the submission of a plat for approval,	216
in accordance with section 711.041 of the Revised Code, the board	217
of county commissioners shall certify on it the date of the	218
submission. Within five days of submission of the plat, the board	219
shall schedule a meeting to consider the plat and send a written	220
notice by regular mail to the clerk of the board of township	221
trustees of the township in which the plat is located and the	222
board of health of the health district in which the plat is	223
located. The notice shall inform the trustees and the board of	224
health of the submission of the plat and of the date, time, and	225
location of any meeting at which the board of county commissioners	226
will consider or act upon the proposed plat. The meeting shall	227
take place within thirty days of submission of the plat, and no	228
meeting shall be held until at least seven days have passed from	229
the date the notice was sent by the board of county commissioners.	230
The approval of the board required by section 711.041 of the	231
Revised Code or the refusal to approve shall take place within	232
thirty days from the date of submission or such further time as	233
the applying party may agree to in writing; otherwise the plat is	234
deemed approved and may be recorded as if bearing such approval.	235

(B) The board may adopt general rules governing plats and	236
subdivisions of land falling within its jurisdiction, to secure	237
and provide for the coordination of the streets within the	238
subdivision with existing streets and roads or with existing	239
county highways, for the proper amount of open spaces for traffic,	240
circulation, and utilities, and for the avoidance of future	241
congestion of population detrimental to the public health, safety,	242
or welfare, but shall not impose a greater minimum lot area than	243
forty-eight hundred square feet. Before the board may amend or	244
adopt rules, it shall notify all the townships in the county of	245
the proposed amendments or rules by regular mail at least thirty	246
days before the public meeting at which the proposed amendments or	247
rules are to be considered.	248

The rules may require the county departmentboard of health	249
to review and comment on a plat before the board of county	250
commissioners acts upon it and may also require proof of	251
compliance with any applicable zoning resolutions, and with	252
household sewage treatment rules adopted by the board of health	253
pursuant to division (B) of section 3718.02 of the Revised Code as	254
shown by written evidence of compliance with those rules that is	255
provided in accordance with rules adopted by the public health	256
council under division (A)(11) of that section, as a basis for	257
approval of a plat. Where under the provisions of section 711.101	258
of the Revised Code the board of county commissioners has set up	259
standards and specifications for the construction of streets,	260
utilities, and other improvements for common use, suchthe general	261
rules may require the submission of appropriate plans and	262
specifications for approval. The board shall not require the	263
person submitting the plat to alter the plat or any part of it as	264
a condition for approval, as long as the plat is in accordance	265
with general rules governing plats and subdivisions of land,	266
adopted by the board as provided in this section, in effect at the	267
time the plat was submitted and the plat is in accordance with any	268
standards and specifications set up under section 711.101 of the	269
Revised Code, in effect at the time the plat was submitted.	270

(C) The ground of refusal to approve any plat, submitted in	271
accordance with section 711.041 of the Revised Code, shall be	272
stated upon the record of the board, and, within sixty days	273
thereafter, the person submitting any plat that the board refuses	274
to approve may file a petition in the court of common pleas of the	275
county in which the land described in the plat is situated to	276
review the action of the board. A board of township trustees is	277
not entitled to appeal a decision of the board of county	278
commissioners under this section.	279

Sec. 711.10.  Whenever a county planning commission or a	280
regional planning commission adopts a plan for the major streets	281
or highways of the county or region, no plat of a subdivision of	282
land within the county or region, other than land within a	283
municipal corporation or land within three miles of a city or one	284
and one-half miles of a village as provided in section 711.09 of	285
the Revised Code, shall be recorded until it is approved by the	286
county or regional planning commission and the approval is	287
endorsed in writing on the plat. Within five days after the	288
submission of a plat for approval, the county or regional planning	289
commission shall schedule a meeting to consider the plat and send	290
a notice by regular mail or by electronic mail to the clerk of the	291
board of township trustees of the township in which the plat is	292
located and the board of health of the health district in which	293
the plat is located. The notice shall inform the trustees and the	294
board of health of the submission of the plat and of the date,	295
time, and location of any meeting at which the county or regional	296
planning commission will consider or act upon the plat. The	297
meeting shall take place within thirty days after submission of	298
the plat, and no meeting shall be held until at least seven days	299
have passed from the date the notice was sent by the planning	300
commission.	301

The approval of the planning commission or the refusal to	302
approve shall be endorsed on the plat within thirty days after the	303
submission of the plat for approval, or within such further time	304
as the applying party may agree to in writing; otherwise that plat	305
is deemed approved, and the certificate of the planning commission	306
as to the date of the submission of the plat for approval and the	307
failure to take action on it within that time shall be sufficient	308
in lieu of the written endorsement or evidence of approval	309
required by this section. A county or regional planning commission	310
shall not require a person submitting the plat to alter the plat	311
or any part of it as a condition for approval, as long as the plat	312
is in accordance with the general rules governing plats and	313
subdivisions of land, adopted by the commission as provided in	314
this section, in effect at the time the plat is submitted. The	315
ground of refusal of approval of any plat submitted, including	316
citation of or reference to the rule violated by the plat, shall	317
be stated upon the record of the commission. Within sixty days	318
after the refusal, the person submitting any plat that the county	319
or regional planning commission refuses to approve may file a	320
petition in the court of common pleas of the proper county, and	321
the proceedings on the petition shall be governed by section	322
711.09 of the Revised Code as in the case of the refusal of a	323
planning authority to approve a plat. A board of township trustees	324
is not entitled to appeal a decision of the county or regional	325
planning commission under this section.	326

A county or regional planning commission shall adopt general	327
rules, of uniform application, governing plats and subdivisions of	328
land falling within its jurisdiction, to secure and provide for	329
the proper arrangement of streets or other highways in relation to	330
existing or planned streets or highways or to the county or	331
regional plan, for adequate and convenient open spaces for	332
traffic, utilities, access of firefighting apparatus, recreation,	333
light, and air, and for the avoidance of congestion of population.	334
The rules may provide for their modification by the county or	335
regional planning commission in specific cases where unusual	336
topographical and other exceptional conditions require the	337
modification. The rules may require the county departmentboard of	338
health to review and comment on a plat before the county or	339
regional planning commission acts upon it and may also require	340
proof of compliance with any applicable zoning resolutions, and	341
with household sewage treatment rules adopted by the board of	342
health pursuant to division (B) of section 3718.02 of the Revised	343
Code as shown by written evidence of compliance with those rules	344
that is provided in accordance with rules adopted by the public	345
health council under division (A)(11) of that section, as a basis	346
for approval of a plat.	347

Before adoption of its rules or amendment of its rules, a	348
public hearing shall be held on the adoption or amendment by the	349
commission. Notice of the public hearing shall be sent to all	350
townships in the county or region by regular mail or electronic	351
mail at least thirty days before the hearing. No county or	352
regional planning commission shall adopt any rules requiring	353
actual construction of streets or other improvements or facilities	354
or assurance of that construction as a condition precedent to the	355
approval of a plat of a subdivision unless the requirements have	356
first been adopted by the board of county commissioners after a	357
public hearing. A copy of the rules shall be certified by the	358
planning commission to the county recorders of the appropriate	359
counties.	360

After a county or regional street or highway plan has been	361
adopted as provided in this section, the approval of plats and	362
subdivisions provided for in this section shall be in lieu of any	363
approvals provided for in other sections of the Revised Code, so	364
far as the territory within the approving jurisdiction of the	365
county or regional planning commission, as provided in this	366
section, is concerned. Approval of a plat shall not be an	367
acceptance by the public of the dedication of any street, highway,	368
or other way or open space shown upon the plat. Any county or	369
regional planning commission and a city or village planning	370
commission, or platting commissioner or legislative authority of a	371
village, with subdivision regulation jurisdiction over	372
unincorporated territory within the county or region may cooperate	373
and agree by written agreement that the approval of a plat by the	374
city or village planning commission, or platting commissioner or	375
legislative authority of a village, as provided in section 711.09	376
of the Revised Code, shall be conditioned upon receiving advice	377
from or approval by the county or regional planning commission.	378

Sec. 711.131.  Notwithstanding sections 711.001 to 711.13 of	379
the Revised Code, a proposed division of a parcel of land along an	380
existing public street, not involving the opening, widening, or	381
extension of any street or road, and involving no more than five	382
lots after the original tract has been completely subdivided, may	383
be submitted to the authority having approving jurisdiction of	384
plats under section 711.05, 711.09, or 711.10 of the Revised Code	385
for approval without plat. If the authority acting through a	386
properly designated representative is satisfied that the proposed	387
division is not contrary to applicable platting, subdividing,	388
zoning, or access management regulations or, regulations adopted	389
under division (B)(3) of section 307.37 of the Revised Code	390
regarding existing surface or subsurface drainage, or household	391
sewage treatment rules adopted by the applicable board of health	392
pursuant to division (B) of section 3718.02 of the Revised Code,	393
it shall within seven working days after submission approve the	394
proposed division and, on presentation of a conveyance of the	395
parcel, shall stamp the conveyance "approved by (planning	396
authority); no plat required" and have it signed by its clerk,	397
secretary, or other official as may be designated by it. The	398
planning authority may require the submission of a sketch and	399
other information that is pertinent to its determination under	400
this section.	401

Sec. 3701.83.  (A) There is hereby created in the state	402
treasury the general operations fund. Moneys in the fund shall be	403
used for the purposes specified in sections 3701.04, 3701.344,	404
3702.20, 3710.15, 3711.021, 3717.45, 3718.06, 3721.02, 3722.04,	405
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,	406
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the	407
Revised Code.	408

(B) The alcohol testing program fund is hereby created in the	409
state treasury. The director of health shall use the fund to	410
administer and enforce the alcohol testing and permit program	411
authorized by section 3701.143 of the Revised Code.	412

The fund shall receive transfers from the liquor control fund	413
created under section 4301.12 of the Revised Code. All investment	414
earnings of the alcohol testing program fund shall be credited to	415
the fund.	416

Sec. 3709.085.  (A) The board of health of a city or general	417
health district may enter into a contract with any political	418
subdivision or other governmental agency to obtain or provide all	419
or part of any services, including, but not limited to,	420
enforcement services, for the purposes of Chapter 3704. of the	421
Revised Code, the rules adopted and orders made pursuant thereto,	422
or any other ordinances or rules for the prevention, control, and	423
abatement of air pollution.	424

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

425

(a) "Semipublic disposal system" means a disposal system that	426
treats the sanitary sewage discharged from publicly or privately	427
owned buildings or places of assemblage, entertainment,	428
recreation, education, correction, hospitalization, housing, or	429
employment, but does not include a disposal system that treats	430
sewage in amounts of more than twenty-five thousand gallons per	431
day; a disposal system for the treatment of sewage that is exempt	432
from the requirements of section 6111.04 of the Revised Code	433
pursuant to division (F)(6)(7) of that section; or a disposal	434
system for the treatment of industrial waste.	435

(b) Terms defined in section 6111.01 of the Revised Code have	436
the same meanings as in that section.	437

(2) The board of health of a city or general health district	438
may enter into a contract with the environmental protection agency	439
to conduct on behalf of the agency inspection or enforcement	440
services, for the purposes of Chapter 6111. of the Revised Code	441
and rules adopted thereunder, for the disposal or treatment of	442
sewage from semipublic disposal systems. The board of health of a	443
city or general health district may charge a fee established	444
pursuant to section 3709.09 of the Revised Code to be paid by the	445
owner or operator of a semipublic disposal system for inspections	446
conducted by the board pursuant to a contract entered into under	447
division (B)(2) of this section, except that the board shall not	448
charge a fee for those inspections conducted at any manufactured	449
home park, recreational vehicle park, recreation camp, or combined	450
park-camp that is licensed under section 3733.03 of the Revised	451
Code.	452

Sec. 3709.09.  (A) The board of health of a city or general	453
health district may, by rule, establish a uniform system of fees	454
to pay the costs of any services provided by the board.	455

The fee for issuance of a certified copy of a vital record or	456
a certification of birth shall not be less than the fee prescribed	457
for the same service under division (A)(1) of section 3705.24 of	458
the Revised Code and shall include the fees required by division	459
(B) of section 3705.24 and section 3109.14 of the Revised Code.	460

Fees for services provided by the board for purposes	461
specified in sections 3701.344, 3711.05, 3718.06, 3730.03,	462
3733.04, 3733.25, and 3749.04 of the Revised Code shall be	463
established in accordance with rules adopted under division (B) of	464
this section. The district advisory council, in the case of a	465
general health district, and the legislative authority of the	466
city, in the case of a city health district, may disapprove any	467
fee established by the board of health under this division, and	468
any such fee, as disapproved, shall not be charged by the board of	469
health.	470

(B) The public health council shall adopt rules under section	471
111.15 of the Revised Code that establish fee categories and	472
uniform methodologies for use in calculating the costs of services	473
provided for purposes specified in sections 3701.344, 3711.05,	474
3718.06, 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised	475
Code. In adopting the rules, the public health council shall	476
consider recommendations it receives from advisory boards	477
established either by statute or the director of health for	478
entities subject to the fees.	479

(C) At least thirty days prior to establishing a fee for a	480
service provided by the board for a purpose specified in section	481
3701.344, 3711.05, 3718.06, 3730.03, 3733.04, 3733.25, or 3749.04	482
of the Revised Code, a board of health shall notify any entity	483
that would be affected by the proposed fee of the amount of the	484
proposed fee.	485

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

486

(1) "Household sewage disposaltreatment system" means any	487
sewage disposal or treatment system, or part thereofof such a	488
system, for a single-family, two-family, or three-family dwelling	489
that receives sewage.	490

(2) "Sewage" means any liquid waste containing animal or	491
vegetable matter in suspension or solution from water closets,	492
urinals, lavatories, bathtubs, laundry tubs or devices, floor	493
drains, drinking fountains, or other sanitary fixtures, and may	494
include liquid containing chemicals in solutionthat originates	495
from humans and human activities. "Sewage" includes liquids	496
containing household chemicals in solution commonly discharged	497
from a residence or from commercial, institutional, or other	498
similar facilities.	499

(3) "Small flow on-site sewage treatment system" means a	500
system, other than a household sewage treatment system, that	501
treats not more than one thousand gallons of sewage per day and	502
that does not require a national pollutant discharge elimination	503
system permit issued under section 6111.03 of the Revised Code or	504
an injection well drilling or operating permit issued under	505
section 6111.043 of the Revised Code.	506

(B) If any owner, leaseholder, or assignee of real property	507
fails to pay a fee as required by rule of a board of health of a	508
city or general health district pursuant to section 3709.09 of the	509
Revised Code for an operation permit for, or for inspection of, a	510
household sewage disposaltreatment system or a small flow on-site	511
sewage treatment system located on the real property, the health	512
commissioner of the city or general health district or the	513
commissioner's designated representative shall notify the owner,	514
leaseholder, or assignee of the real property of the amount of the	515
fee and any accrued penalties for late payment of the fee. The	516
notice shall state, in boldface letters: "You have 30 days to	517
object to the amount of the unpaid operation permit or inspection	518
fee for your household sewage disposaltreatment system or small	519
flow on-site sewage treatment system, as applicable, as designated	520
in this notice, which may include accrued penalties for late	521
payment of the fee. If you do not pay this amount as instructed	522
herein within 30 days of receipt of this notice or object to this	523
amount during that time period in accordance with the procedures	524
set forth herein, the amount will be placed as a lien on your real	525
property." The notice also shall explain how the owner,	526
leaseholder, or assignee may pay the amount, or object to the	527
amount in accordance with the procedures established by divisions	528
(C) and (D) of this section.	529

Notice to the owner, leaseholder, or assignee shall be made	530
by either of the following:	531

(1) Certified mail, overnight delivery service, hand	532
delivery, or any other method that includes written evidence of	533
receipt;	534

(2) The sheriff of the county in which the owner,	535
leaseholder, or assignee to be served resides, in one or more of	536
the methods provided in the Ohio Rules of Civil Procedure. The	537
sheriff may charge reasonable fees for suchthat service.	538

(C) Not later than thirty days after receipt under division	539
(B) of this section of notification of the amount of an unpaid	540
operation permit or inspection fee and any accrued late payment	541
penalties, the owner, leaseholder, or assignee may object to the	542
amount by delivering a written notice of objection to the health	543
commissioner by any of the means provided for in division (B)(1)	544
of this section. Not later than sixty days after receipt of the	545
notice of objection, the county prosecutor, on behalf of the city	546
or general health district, may file a civil action in the court	547
of common pleas against the owner, leaseholder, or assignee. If	548
the county prosecutor fails to commence suit within the sixty-day	549
period, or if the action is commenced, but dismissed with	550
prejudice before adjudication, the unpaid fee and any accrued late	551
payment penalties are void and cannot be placed on the general tax	552
list and duplicate as a lien against the real property.	553

(D) If, in accordance with division (C) of this section, the	554
owner, leaseholder, or assignee objects to the amount of the	555
unpaid operation permit or inspection fee and any accrued late	556
payment penalties and the county prosecutor commences suit and	557
prevails in the action, the owner, leaseholder, or assignee	558
objecting shall pay the amount of the fee, any accrued late	559
payment penalties, and the costs of the action, as determined by	560
the court.	561

(E) If the owner, leaseholder, or assignee on which the	562
notice required by division (B) of this section was served does	563
not pay to the city or general health district the amount of an	564
unpaid operation permit or inspection fee and any accrued late	565
payment penalties within thirty days after receipt of the notice,	566
or does not object to the amount in the manner provided in	567
division (C) of this section, the health commissioner of the city	568
or general health district or the commissioner's designated	569
representative may certify, on or before the first Monday of	570
September, the amount of the unpaid fee and any accrued late	571
payment penalties to the county auditor to be placed on the	572
general tax list and duplicate as provided in section 319.281 of	573
the Revised Code.	574

Sec. 3718.01. As used in this chapter:

575

(A) "Alter" means to change by making substantive	576
replacements of, additions to, or deletions in the design or	577
materials or to change the location of an existing sewage	578
treatment system.	579

(B) "Board of health" means the board of health of a city or	580
general health district or the authority having the duties of a	581
board of health in any city as authorized by section 3709.05 of	582
the Revised Code.	583

(C) "Domestic septage" means the liquid or solid material	584
removed from a sewage treatment system, portable toilet, or type	585
III marine sanitation device as defined in 33 C.F.R. 159.3.	586
"Domestic septage" does not include grease removed from a grease	587
trap.	588

(D) "Household sewage treatment system" means any sewage	589
treatment system, or part of such a system, that receives sewage	590
from a single-family, two-family, or three-family dwelling.	591

(E) "Inspection" means the on-site evaluation or analysis of	592
the functioning of a sewage treatment system.	593

(F) "Installer" means any person who engages in the business	594
of installing or altering or who, as an employee of another,	595
installs or alters any sewage treatment system.	596

(G) "Manufacturer" means any person that manufactures sewage	597
treatment systems or components of systems.	598

(H) "Person" has the same meaning as in section 1.59 of the	599
Revised Code and also includes any state, any political	600
subdivision of a state, and any department, division, board,	601
commission, agency, or instrumentality of a state or political	602
subdivision.	603

(I) "Sanitary sewerage system" means pipelines or conduits,	604
pumping stations, force mains, and all other constructions,	605
devices, appurtenances, and facilities that convey sewage to a	606
central sewage treatment plant and that are required to obtain a	607
permit under Chapter 6111. of the Revised Code.	608

(J) "Septage hauler" means any person who engages in the	609
collection, transportation, disposal, and land application of	610
domestic septage.	611

(K) "Service provider" means any person who services, but	612
does not install or alter, sewage treatment systems.	613

(L) "Sewage" means liquid waste containing animal or	614
vegetable matter in suspension or solution that originates from	615
humans and human activities. "Sewage" includes liquids containing	616
household chemicals in solution commonly discharged from a	617
residence or from commercial, institutional, or other similar	618
facilities.	619

(M) "Sewage treatment system" means a household sewage	620
treatment system, a small flow on-site sewage treatment system, or	621
both, as applicable.	622

(N) "Small flow on-site sewage treatment system" means a	623
system, other than a household sewage treatment system, that	624
treats not more than one thousand gallons of sewage per day and	625
that does not require a national pollutant discharge elimination	626
system permit issued under section 6111.03 of the Revised Code or	627
an injection well drilling or operating permit issued under	628
section 6111.043 of the Revised Code.	629

Sec. 3718.02. (A) Not later than one year after the effective	630
date of this section, the public health council, in accordance	631
with Chapter 119. of the Revised Code, shall adopt, and	632
subsequently may amend and rescind, rules of general application	633
throughout the state to administer this chapter. Rules adopted	634
under division (A) of this section shall do at least all of the	635
following:	636

(1) Require that the appropriate board of health approve or	637
disapprove the use of a sewage treatment system if it is not	638
connected to a sanitary sewerage system;	639

(2) Require that a board of health conduct a site evaluation	640
for any proposed installation of a sewage treatment system;	641

(3) Prescribe standards for the siting, design, installation,	642
operation, monitoring, maintenance, and abandonment of household	643
sewage treatment systems that may be used in this state. The	644
standards shall include at a minimum all of the following:	645

(a) Soil absorption specifications;

646

(b) Specifications for discharging systems that do not	647
conflict with provisions related to the national pollutant	648
discharge elimination system permit program established in section	649
6111.03 of the Revised Code and rules adopted under it;	650

(c) Requirements for the maintenance of a system according to	651
the manufacturer's instructions, if available;	652

(d) Requirements and procedures under which a person may	653
demonstrate the required maintenance of a system in lieu of having	654
an inspection conducted when an inspection otherwise is required.	655

The rules also shall require that a system that has been or	656
is sited or installed prior to or on the effective date of the	657
rules and that is operating on that date shall be deemed approved	658
unless the system is declared to be a public health nuisance by a	659
board of health.	660

(4) Prescribe procedures for notification to boards of health	661
of the approval of a sewage treatment system or components of a	662
system by the director of health under section 3718.04 of the	663
Revised Code;	664

(5) Prescribe criteria and procedures under which boards of	665
health shall issue installation and operation permits for sewage	666
treatment systems. The rules shall require as a condition of an	667
installation permit that the installer of a system must warrant	668
that the system was installed in accordance with all applicable	669
rules and design requirements. In addition, the rules shall	670
require a board of health, not later than sixty days after the	671
issuance of an installation permit, to certify to the director on	672
a form provided by the director that the permit was issued.	673

(6) Require a board of health to inspect a sewage treatment	674
system not later than eighteen months after its installation to	675
ensure that the system is operating properly. The rules shall	676
require a board of health, not later than sixty days after the	677
inspection, to certify to the director on a form provided by the	678
director that the inspection was performed.	679

(7) Require a board of health to register installers, service	680
providers, and septage haulers that perform work within the health	681
district; prescribe criteria and procedures for the registration;	682
and prescribe criteria for a demonstration of competency as a part	683
of the registration;	684

(8) Prescribe requirements for the collection,	685
transportation, disposal, and land application of domestic septage	686
in this state from a sewage treatment system;	687

(9) Require boards of health to maintain records that are	688
determined necessary to ascertain compliance with this chapter and	689
the rules adopted under it;	690

(10) Require a board of health and the manufacturer of a	691
sewage treatment system, when possible, to provide instructions	692
for the operation and maintenance of the system. The rules shall	693
authorize the instructions to be posted on the department of	694
health's web site and the manufacturer's web site. In addition,	695
the rules shall require a board of health and a manufacturer to	696
provide a copy of the operation and maintenance instructions, if	697
available, when a board of health or a manufacturer receives a	698
written request for instructions.	699

(11) Prescribe criteria for the provision of written evidence	700
of compliance with board of health rules pertaining to household	701
sewage treatment for purposes of sections 711.05 and 711.10 of the	702
Revised Code;	703

(12) Prescribe minimum criteria and procedures under which	704
boards of health may establish household sewage treatment district	705
management programs for the purpose of providing a responsive	706
approach toward preventing or solving sewage treatment problems	707
resulting from household sewage treatment systems within the	708
districts established under the program. For purposes of division	709
(A)(12) of this section, a board of health may enter into a	710
contract with any entity to administer a household sewage	711
treatment district management program.	712

(13) Prescribe standards for the siting, design,	713
installation, operation, monitoring, maintenance, and abandonment	714
of small flow on-site sewage treatment systems that may be used in	715
this state.	716

The council may adopt other rules under division (A) of this	717
section that it determines are necessary to implement this chapter	718
and to protect the public health and welfare.	719

At least sixty days prior to adopting a rule under division	720
(A) of this section, the council shall provide boards of health	721
and any other interested parties an opportunity to comment on the	722
rule.	723

(B) In accordance with section 3709.20 or 3709.21 of the	724
Revised Code, as applicable, and subject to review by and approval	725
of the director under division (C) of section 3718.05 of the	726
Revised Code, a board of health may adopt rules necessary for the	727
public health providing for more stringent standards governing	728
household sewage treatment systems, installers, service providers,	729
or septage haulers than those established in rules of the public	730
health council adopted under division (A) of this section. A board	731
that intends to adopt such rules shall notify the department of	732
health of the rules at least ninety days prior to the proposed	733
date of adoption. The director shall approve or disapprove any	734
such proposed rule within ninety days after receiving notice of it	735
under this division. If the director fails to approve or	736
disapprove a proposed rule within ninety days after receiving	737
notice of it, the proposed rule shall be deemed approved.	738

Sec. 3718.021. (A) A board of health may regulate the siting,	739
design, installation, operation, monitoring, maintenance, and	740
abandonment of small flow on-site sewage treatment systems in	741
accordance with rules adopted by the public health council under	742
division (A)(13) of section 3718.02 of the Revised Code. If a	743
board of health chooses to regulate small flow on-site sewage	744
treatment systems, the board first shall send written notification	745
to the director of health and the director of environmental	746
protection.	747

(B) If a board of health chooses to regulate small flow	748
on-site sewage treatment systems under division (A) of this	749
section and later determines that it no longer wants to regulate	750
those systems, the board shall notify the director of health and the	751
director of environmental protection. Upon the receipt of the	752
notification by the director of environmental protection, the	753
board of health shall cease regulating small flow on-site sewage	754
treatment systems, and the environmental protection agency shall	755
regulate those systems.	756

(C) If after a survey conducted under section 3718.07 of the	757
Revised Code the director of health finds that a board of health	758
that has chosen to regulate small flow on-site sewage treatment	759
systems is not complying with the rules adopted under division	760
(A)(13) of section 3718.02 of the Revised Code, the director shall	761
notify the director of environmental protection and the board of	762
health. Upon receipt of the notification, the board shall cease	763
regulating small flow on-site sewage treatment systems, and the	764
environmental protection agency shall regulate those systems.	765

Sec. 3718.03. (A) There is hereby created the sewage	766
treatment system technical advisory committee consisting of the	767
director of health or the director's designee and ten members who	768
are knowledgeable about sewage treatment systems and technologies	769
to be appointed by the director. Of the ten members appointed by	770
the director, one shall represent academia, two shall represent	771
the interests of manufacturers of household sewage treatment	772
systems, one shall represent installers and service providers, two	773
shall be health commissioners who are members of and recommended	774
by the association of Ohio health commissioners, one shall be a	775
sanitarian who is registered under Chapter 4736. of the Revised	776
Code and who is a member of the Ohio environmental health	777
association, one shall be an engineer from the environmental	778
protection agency, one shall be selected from among soil	779
scientists from the division of soil and water conservation in the	780
department of natural resources, and one shall be a representative	781
of the public who is not employed by the state or any of its	782
political subdivisions and who does not have a pecuniary interest	783
in sewage treatment systems. All appointments to the committee	784
shall be made not later than sixty days after the effective date	785
of this section.	786

(B) Of the initial members appointed by the director to the	787
technical advisory committee, three shall be appointed for one	788
year, three shall be appointed for two years, and four shall be	789
appointed for three years. Thereafter, terms shall be for three	790
years, with each term ending on the same day of the same month as	791
did the term that it succeeds. Each member shall serve from the	792
date of appointment until the end of the term for which the member	793
was appointed.	794

Members may be reappointed. Vacancies shall be filled in the	795
same manner as provided for original appointments. Any member	796
appointed to fill a vacancy occurring prior to the expiration date	797
of the term for which the member was appointed shall hold office	798
for the remainder of that term. A member shall continue to serve	799
after the expiration date of the member's term until the member's	800
successor is appointed or until a period of sixty days has	801
elapsed, whichever occurs first. The director may remove a member	802
from the committee for failure to attend two consecutive meetings	803
without showing good cause for the absences.	804

(C) The director or the director's designee shall serve as	805
the chairperson of the technical advisory committee. The committee	806
annually shall select from among its members a vice-chairperson	807
and a secretary to keep a record of its proceedings. A majority	808
vote of the members of the full committee is necessary to take	809
action on any matter. The committee may adopt bylaws governing its	810
operation, including bylaws that establish the frequency of	811
meetings.	812

(D) Serving as a member of the sewage treatment system	813
technical advisory committee does not constitute holding a public	814
office or position of employment under the laws of this state and	815
does not constitute grounds for removal of public officers or	816
employees from their offices or positions of employment. Members	817
of the committee shall serve without compensation for attending	818
committee meetings.	819

(E) A member of the committee shall not have a conflict of	820
interest with the position. For the purposes of this division,	821
"conflict of interest" means the taking of any action that	822
violates any provision of Chapter 102. or 2921. of the Revised	823
Code.	824

(F) The sewage treatment system technical advisory committee	825
shall do all of the following:	826

(1) Develop with the department of health standards and	827
guidelines for use by the director in approving or disapproving a	828
sewage treatment system or components of a system under section	829
3718.04 of the Revised Code;	830

(2) Develop with the department an application form to be	831
submitted to the director by an applicant for approval or	832
disapproval of a sewage treatment system or components of a system	833
and specify the information that must be included with an	834
application form;	835

(3) Advise the director on the approval or disapproval of an	836
application sent to the director under section 3718.04 of the	837
Revised Code requesting approval of a sewage treatment system or	838
components of a system.	839

(G) If the committee meets in a calendar year, the director	840
of health shall prepare and submit a report concerning the	841
activities of the committee to the general assembly not later than	842
ninety days after the end of the calendar year. The report shall	843
discuss the number of applications submitted under section 3718.04	844
of the Revised Code for the approval of a new sewage treatment	845
system or a component of a system, the number of such systems and	846
components that were approved, any information that the committee	847
considers beneficial to the general assembly, and any other	848
information that the director determines is beneficial to the	849
general assembly. If the committee determines that certain	850
information should be included in the report, the committee shall	851
submit the information to the director not later than thirty days	852
after the end of the calendar year.	853

(H) The department shall provide meeting space for the	854
committee. The committee shall be assisted in its duties by the	855
staff of the department.	856

(I) Sections 101.82 to 101.87 of the Revised Code do not	857
apply to the sewage treatment system technical advisory committee.	858

Sec. 3718.04.  (A) A manufacturer seeking approval for the	859
use of a sewage treatment system or a component of a system in	860
this state that differs in design or function from systems or	861
components of systems the use of which is authorized in rules	862
adopted under section 3718.02 of the Revised Code shall request an	863
application form from the department of health. The applicant	864
shall complete the form and include with it all of the information	865
that is required by the department and the sewage treatment system	866
technical advisory committee. The applicant shall submit a	867
completed application and all required information to the director	868
of health.	869

(B) Upon receipt of an application, the director shall	870
examine the application and all accompanying information to	871
determine if the application is complete. If the director	872
determines that the application is not complete, the director	873
shall notify the applicant not later than fourteen days after	874
determining that the application is not complete, provide a	875
description of the information that is missing from the	876
application, and return the application and all accompanying	877
information to the applicant. The applicant may resubmit the	878
application to the director. Not later than fourteen days after	879
receipt of a complete application, the director shall notify the	880
committee of the complete application and send a copy of the	881
complete application and all accompanying information to the	882
committee together with a request that the committee advise the	883
director on the approval or disapproval of the system.	884

(C) In approving or disapproving an application, the director	885
shall use the standards and guidelines that the committee	886
developed with the department for that purpose. The director shall	887
not approve an application that fails to comply with those	888
standards and guidelines. If the committee advises the director	889
concerning the application, the director shall consider the advice	890
before approving or disapproving the application. However, if the	891
committee fails to provide advice or if the committee fails to	892
provide advice within a reasonable period of time before the	893
director is required to approve or disapprove the application, the	894
director may approve or disapprove the application without	895
considering the advice of the committee. Not later than ninety	896
days after receipt of a complete application, the director shall	897
approve or disapprove the application in writing. If the director	898
fails to approve or disapprove the application within that	899
ninety-day period, the application shall be deemed approved.	900

(D) If the director approves an application under this	901
section, the director shall notify the applicant in writing. The	902
director also shall notify boards of health in accordance with the	903
procedures established in rules adopted under section 3718.02 of	904
the Revised Code. If the director disapproves an application under	905
this section, the director shall notify the applicant in writing	906
and provide a brief explanation for the disapproval.	907

Sec. 3718.05. The director of health shall do all of the	908
following:	909

(A) Administer and enforce this chapter and the rules of the	910
public health council adopted under it;	911

(B) Examine records of boards of health, in accordance with	912
rules adopted by the council, that are determined necessary to	913
ascertain compliance with this chapter and rules adopted under it;	914

(C) Review and approve or disapprove rules proposed by boards	915
of health under division (B) of section 3718.02 of the Revised	916
Code. The director shall not disapprove a proposed rule unless the	917
director determines that the proposed rule conflicts with this	918
chapter or rules adopted under section 3718.02 of the Revised Code	919
by the public health council or fails to promote public health or	920
environmental protection. If the director disapproves a proposed	921
rule, the director shall provide a written explanation of the	922
director's disapproval to the board of health that proposed the	923
rule.	924

(D) Survey boards of health as required by section 3718.07 of	925
the Revised Code;	926

(E) Develop with the sewage treatment system technical	927
advisory committee standards and guidelines for use by the	928
director in approving or disapproving a sewage treatment system	929
under section 3718.04 of the Revised Code and an application form	930
for use by applicants for that approval, including identification	931
of the information that must be included with the form;	932

(F) Provide instructions on the operation and maintenance of	933
a sewage treatment system. The director shall provide the	934
operation and maintenance instructions on the department of	935
health's web site. In addition, the director shall provide a copy	936
of the operation and maintenance instructions when the director	937
receives a written request for the instructions.	938

Sec. 3718.06. (A)(1) A board of health shall establish fees	939
in accordance with section 3709.09 of the Revised Code for the	940
purpose of carrying out its duties under this chapter and rules	941
adopted under it, including a fee for an installation permit	942
issued by the board. All fees so established and collected by the	943
board shall be deposited in a special fund of the district to be	944
used exclusively by the board in carrying out those duties.	945

(2) In accordance with Chapter 119. of the Revised Code, the	946
public health council may establish by rule a fee to be collected	947
from applicants for installation permits issued under rules	948
adopted under this chapter. The director of health shall use the	949
proceeds from that fee for administering and enforcing this	950
chapter and the rules adopted under it by the council. A board of	951
health shall collect the fee at the same time that it collects the	952
fee established by it under division (A)(1) of this section for	953
installation permits.	954

Not later than sixty days after the last day of the month in	955
which an installation permit is issued, a board shall certify the	956
amount collected under division (A)(2) of this section and	957
transmit the amount to the treasurer of state. All money so	958
received shall be deposited in the state treasury to the credit of	959
the general operations fund created in section 3701.83 of the	960
Revised Code. The director shall use the money so credited solely	961
for the administration and enforcement of this chapter and the	962
rules adopted under it by the public health council.	963

(B) The director may submit recommendations to the council	964
regarding the amount of the fee collected under division (A)(2) of	965
this section for installation permits. When making the	966
recommendations, the director shall submit a report stating the	967
current and projected expenses of administering and enforcing this	968
chapter and the rules adopted under it by the council and the	969
total of all money that has been deposited to the credit of the	970
general operations fund under division (A)(2) of this section. The	971
director may include in the report any recommendations for	972
modifying the requirements established under this chapter and the	973
rules adopted under it by the council.	974

Sec. 3718.07. The director of health shall survey each city	975
and general health district at least once every three years to	976
determine whether there is substantial compliance with the	977
requirements of this chapter pertaining to health districts and	978
the applicable rules adopted by the public health council under	979
this chapter. Upon determining that there is substantial	980
compliance, the director shall place the district on an approved	981
list. The director may resurvey an approved district if it is	982
determined by the director to be necessary and may remove from the	983
list a district that is found not to be substantially complying	984
with the requirements of this chapter pertaining to health	985
districts and the applicable rules.	986

If the director determines that a district is not eligible to	987
be placed on the approved list or to continue on the list after a	988
resurvey, the director shall certify that determination to the	989
board of health, and the director shall carry out the duties of	990
the unapproved health district under this chapter and the	991
applicable rules adopted under it within the district or shall	992
contract with an approved health district to conduct those duties	993
until the unapproved district is placed on or returned to the	994
approved list. The director or the contracting district shall have	995
within the unapproved district the authority to exercise powers	996
and perform duties granted to or imposed on the board under this	997
chapter and the applicable rules adopted under it.	998

Until the unapproved district is placed on or returned to the	999
approved list, the director or the contracting district shall	1000
collect all fees payable to the board of health under this chapter	1001
and all such fees previously paid to the unapproved district that	1002
have not been expended or encumbered. The director shall deposit	1003
those fees in the state treasury to the credit of a special fund,	1004
which is hereby created, to be used by the director for the	1005
purpose of carrying out the duties of the unapproved health	1006
district under this chapter and the applicable rules adopted under	1007
it. A contracting district shall deposit those fees to the credit	1008
of its fund created under section 3718.06 of the Revised Code to	1009
be used by the district for the purpose of carrying out the duties	1010
of the unapproved district under this chapter and the applicable	1011
rules adopted under it. The director or contracting district shall	1012
repay to the unapproved district any balance remaining in the	1013
applicable fund from all sources when the unapproved district is	1014
placed on or returned to the approved list by the director.	1015

If a health district is removed from the approved list under	1016
this section and the board of health of the district is regulating	1017
small flow on-site sewage treatment systems in the district under	1018
section 3718.021 of the Revised Code, the director of	1019
environmental protection shall regulate those systems in that	1020
district in accordance with division (C) of that section.	1021

Sec. 3718.08. No person shall violate this chapter, any rule	1022
adopted or order issued under it, or any condition of a	1023
registration or permit issued under rules adopted under it.	1024

Sec. 3718.09. (A) A board of health may issue, modify,	1025
suspend, or revoke enforcement orders to a registration or permit	1026
holder or other person directing the holder or person to abate a	1027
violation of this chapter, any rule adopted or order issued under	1028
it, or a condition of a registration or permit issued under it	1029
within a specified, reasonable time. If an order issued under this	1030
division is neglected or disregarded, the applicable board of	1031
health may proceed in accordance with section 3707.02 of the	1032
Revised Code.	1033

(B) The health commissioner or the commissioner's designated	1034
representative, without prior notice or hearing and in accordance	1035
with the rules of the public health council, may issue an	1036
emergency order requiring any action necessary to meet a public	1037
health emergency regarding domestic septage management or	1038
regarding a sewage treatment system. A person to whom such an	1039
emergency order is issued immediately shall comply with the order.	1040
A person so ordered may apply to the issuer of the order for a	1041
hearing, which shall be held as soon as possible, but not later	1042
than twenty days after the issuer's receipt of the application for	1043
a hearing.	1044

Sec. 3718.10. (A) The prosecuting attorney of the county or	1045
the city director of law, village solicitor, or other chief legal	1046
officer of the municipal corporation where a violation has	1047
occurred or is occurring, upon complaint of the director of health	1048
or a board of health, shall prosecute to termination or bring an	1049
action for injunction or other appropriate relief against any	1050
person who is violating or has violated this chapter, any rule	1051
adopted or order issued under it, or any condition of a	1052
registration or permit issued under rules adopted under it. The	1053
court of common pleas or the municipal or county court in which an	1054
action for injunction is filed has jurisdiction to grant such	1055
relief upon a showing that the respondent named in the complaint	1056
is or was in violation of the chapter or rules, orders, or	1057
conditions.	1058

Upon finding that a person intentionally has violated this	1059
chapter, a rule adopted or order issued under it, or any condition	1060
of a registration or permit issued under rules adopted under it,	1061
the court may assess a civil penalty of not more than one hundred	1062
dollars for each day of violation against the person. Seventy-five	1063
per cent of any penalties assessed by the court under this	1064
division shall be paid to the health district whose board of	1065
health brought the complaint, or to the state treasury to the	1066
credit of the general operations fund created in section 3701.83	1067
of the Revised Code if the director of health is carrying out the	1068
duties of an unapproved health district in which the violation	1069
occurred in accordance with section 3718.07 of the Revised Code,	1070
and shall be used for the purposes of this chapter and the rules	1071
adopted under it. Twenty-five per cent of any penalties assessed	1072
by the court under this division shall be paid to the prosecuting	1073
attorney of the county or city director of law, village solicitor,	1074
or other chief legal officer of the municipal corporation that	1075
prosecuted or brought the action under this division to pay the	1076
expenses incurred in bringing the action.	1077

(B) The remedies provided in this chapter are in addition to	1078
any other remedies available under law.	1079

Sec. 3718.99. Whoever purposely violates section 3718.08 of	1080
the Revised Code shall be fined not more than one thousand	1081
dollars. Each day of violation is a separate offense. All money	1082
collected from fines under this section shall be used to	1083
administer and enforce this chapter and rules adopted under it and	1084
shall be deposited as follows:	1085

(A) If the violation occurred within a health district that	1086
is approved under section 3718.07 of the Revised Code, the money	1087
shall be deposited to the credit of the district's special fund	1088
created under section 3718.06 of the Revised Code.	1089

(B) If the violation occurred within a health district that	1090
is not approved under section 3718.07 of the Revised Code and a	1091
contracting district is carrying out the duties of the unapproved	1092
health district in accordance with that section, the money shall	1093
be deposited to the credit of the contracting district's special	1094
fund created under section 3718.06 of the Revised Code.	1095

(C) If the violation occurred within an unapproved health	1096
district and the director of health is carrying out the duties of	1097
the unapproved health district in accordance with section 3718.07	1098
of the Revised Code, the money shall be deposited in the state	1099
treasury to the credit of the general operations fund created in	1100
section 3701.83 of the Revised Code.	1101

Sec. 4736.01.  As used in this chapter:

1102

(A) "Environmental health science" means the aspect of public	1103
health science that includes, but is not limited to, the following	1104
bodies of knowledge: air quality, food quality and protection,	1105
hazardous and toxic substances, consumer product safety, housing,	1106
institutional health and safety, community noise control,	1107
radiation protection, recreational facilities, solid and liquid	1108
waste management, vector control, drinking water quality, milk	1109
sanitation, and rabies control.	1110

(B) "Sanitarian" means a person who performs for compensation	1111
educational, investigational, technical, or administrative duties	1112
requiring specialized knowledge and skills in the field of	1113
environmental health science.	1114

(C) "Registered sanitarian" means a person who is registered	1115
as a sanitarian in accordance with Chapter 4736. of the Revised	1116
Codethis chapter.	1117

(D) "Sanitarian-in-training" means a person who is registered	1118
as a sanitarian-in-training in accordance with Chapter 4736. of	1119
the Revised Codethis chapter.	1120

(E) "Practice of environmental health" means consultation,	1121
instruction, investigation, inspection, or evaluation by an	1122
employee of a city health district, a general health district, the	1123
Ohio environmental protection agency, the department of health, or	1124
the department of agriculture requiring specialized knowledge,	1125
training, and experience in the field of environmental health	1126
science, with the primary purpose of improving or conducting	1127
administration or enforcement under any of the following:	1128

(1) Chapter 911., 913., 917., 3717., 3718., 3721., or 3733.	1129
of the Revised Code;	1130

(2) Chapter 3734. of the Revised Code as it pertains to solid	1131
waste;	1132

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	1133
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	1134

(4) Rules adopted under section 3701.34 of the Revised Code	1135
pertaining to home sewage, rabies control, or swimming pools.	1136

"Practice of environmental health" does not include sampling,	1137
testing, controlling of vectors, reporting of observations, or	1138
other duties that do not require application of specialized	1139
knowledge and skills in environmental health science performed	1140
under the supervision of a registered sanitarian.	1141

The state board of sanitarian registration may further define	1142
environmental health science in relation to specific functions in	1143
the practice of environmental health through rules adopted by the	1144
board under Chapter 119. of the Revised Code.	1145

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

1146

(1) "Good faith" means honesty in fact in a transaction	1147
involving the transfer of residential real property.	1148

(2) "Land installment contract" has the same meaning as in	1149
section 5313.01 of the Revised Code.	1150

(3) "Political subdivision" and "state" have the same	1151
meanings as in section 2744.01 of the Revised Code.	1152

(4) "Residential real property" means real property that is	1153
improved by a building or other structure that has one to four	1154
dwelling units.	1155

(B)(1) Except as provided in division (B)(2) of this section,	1156
this section applies to any transfer of residential real property	1157
that occurs on or after July 1, 1993, by sale, land installment	1158
contract, lease with option to purchase, exchange, or lease for a	1159
term of ninety-nine years and renewable forever. For purposes of	1160
this section, a transfer occurs when the initial contract for	1161
transfer is executed, regardless of when legal title is	1162
transferred, and references in this section to transfer offers and	1163
transfer agreements refer to offers and agreements in respect of	1164
the initial contract for transfer.	1165

(2) This section does not apply to any transfer of	1166
residential real property that is any of the following:	1167

(a) A transfer pursuant to court order, including, but not	1168
limited to, a transfer ordered by a probate court during the	1169
administration of a decedent's estate, a transfer pursuant to a	1170
writ of execution, a transfer by a trustee in bankruptcy, a	1171
transfer as a result of the exercise of the power of eminent	1172
domain, and a transfer that results from a decree for specific	1173
performance of a contract or other agreement between persons;	1174

(b) A transfer to a mortgagee by a mortgagor by deed in lieu	1175
of foreclosure or in satisfaction of the mortgage debt;	1176

(c) A transfer to a beneficiary of a deed of trust by a	1177
trustor in default;	1178

(d) A transfer by a foreclosure sale that follows a default	1179
in the satisfaction of an obligation secured by a mortgage;	1180

(e) A transfer by a sale under a power of sale following a	1181
default in the satisfaction of an obligation that is secured by a	1182
deed of trust or another instrument containing a power of sale;	1183

(f) A transfer by a mortgagee, or a beneficiary under a deed	1184
of trust, who has acquired the residential real property at a sale	1185
conducted pursuant to a power of sale under a mortgage or a deed	1186
of trust or who has acquired the residential real property by a	1187
deed in lieu of foreclosure;	1188

(g) A transfer by a fiduciary in the course of the	1189
administration of a decedent's estate, a guardianship, a	1190
conservatorship, or a trust;	1191

(h) A transfer from one co-owner to one or more other	1192
co-owners;	1193

(i) A transfer made to the transferor's spouse or to one or	1194
more persons in the lineal line of consanguinity of one or more of	1195
the transferors;	1196

(j) A transfer between spouses or former spouses as a result	1197
of a decree of divorce, dissolution of marriage, annulment, or	1198
legal separation or as a result of a property settlement agreement	1199
incidental to a decree of divorce, dissolution of marriage,	1200
annulment, or legal separation;	1201

(k) A transfer to or from the state, a political subdivision	1202
of the state, or another governmental entity;	1203

(l) A transfer that involves newly constructed residential	1204
real property that previously has not been inhabited;	1205

(m) A transfer to a transferee who has occupied the property	1206
as a personal residence for one or more years immediately prior to	1207
the transfer;	1208

(n) A transfer from a transferor who both has not occupied	1209
the property as a personal residence within one year immediately	1210
prior to the transfer and has acquired the property through	1211
inheritance or devise.	1212

(C) Except as provided in division (B)(2) of this section and	1213
subject to divisions (E) and (F) of this section, every person who	1214
intends to transfer any residential real property on or after July	1215
1, 1993, by sale, land installment contract, lease with option to	1216
purchase, exchange, or lease for a term of ninety-nine years and	1217
renewable forever shall complete all applicable items in a	1218
property disclosure form prescribed under division (D) of this	1219
section and shall deliver in accordance with division (I) of this	1220
section a signed and dated copy of the completed form to each	1221
prospective transferee or hisprospective transferee's agent as	1222
soon as is practicable.	1223

(D)(1) Prior to July 1, 1993, the director of commerce, by	1224
rule adopted in accordance with Chapter 119. of the Revised Code,	1225
shall prescribe the disclosure form to be completed by	1226
transferors. The form prescribed by the director shall be designed	1227
to permit the transferor to disclose material matters relating to	1228
the physical condition of the property to be transferred,	1229
including, but not limited to, the source of water supply to the	1230
property; the nature of the sewer system serving the property; the	1231
condition of the structure of the property, including the roof,	1232
foundation, walls, and floors; the presence of hazardous materials	1233
or substances, including lead-based paint, asbestos,	1234
urea-formaldehyde foam insulation, and radon gas; and any material	1235
defects in the property that are within the actual knowledge of	1236
the transferor.	1237

The form also shall set forth a statement of the purpose of	1238
the form, including statements substantially similar to the	1239
following: that the form constitutes a statement of the conditions	1240
of the property and of information concerning the property	1241
actually known by the transferor; that, unless the transferee is	1242
otherwise advised in writing, the transferor, other than having	1243
lived at or owning the property, possesses no greater knowledge	1244
than that which could be obtained by a careful inspection of the	1245
property by a potential transferee; that the statement is not a	1246
warranty of any kind by the transferor or by any agent or subagent	1247
representing the transferor in this transaction; that the	1248
statement is not a substitute for any inspections; that the	1249
transferee is encouraged to obtain his/herthe transferee's own	1250
professional inspection; that the representations are made by the	1251
transferor and are not the representations of the transferor's	1252
agent or subagent; and that the form and the representations	1253
contained therein are provided by the transferor exclusively to	1254
potential transferees in a transfer made by the transferor, and	1255
are not made to transferees in any subsequent transfers.	1256

The form shall include instructions to the transferor for	1257
completing the form, space in which the transferor or transferors	1258
shall sign and date the form, and space in which the transferee or	1259
transferees shall sign and date the form acknowledging receipt of	1260
a copy of the form and stating that the transferee or transferees	1261
understand the purpose of the form as stated thereon.	1262

(2) If the real property to be transferred is served by a	1263
sewage treatment system, the transferor of the property shall	1264
include on the disclosure form a statement that information on the	1265
operation and maintenance of the type of system serving the	1266
property is available from the department of health or the board	1267
of health of the health district in which the property is located.	1268

As used in this section, "sewage treatment system" has the	1269
same meaning as in section 3718.01 of the Revised Code.	1270

(E)(1) Each disclosure of an item of information that is	1271
required to be made in the property disclosure form prescribed	1272
under division (D) of this section in connection with particular	1273
residential real property and each act that may be performed in	1274
making any disclosure of an item of information shall be made or	1275
performed in good faith.	1276

(2) If an item of information is unknown to the transferor of	1277
residential real property at the time the item is required to be	1278
disclosed in the property disclosure form and if the approximation	1279
is not used for the purpose of circumventing or otherwise evading	1280
divisions (C) and (D) of this section, the transferor may make a	1281
good faith approximation of the item of information.	1282

(F)(1) A transferor of residential real property is not	1283
liable in damages in a civil action for injury, death, or loss to	1284
person or property that allegedly arises from any error in,	1285
inaccuracy of, or omission of any item of information required to	1286
be disclosed in the property disclosure form if the error,	1287
inaccuracy, or omission was not within the transferor's actual	1288
knowledge.	1289

(2) If any item of information that is disclosed in the	1290
property disclosure form is rendered inaccurate after the delivery	1291
of the form to the transferee of residential real property or his	1292
the transferee's agent as a result of any act, occurrence, or	1293
agreement, the subsequent inaccuracy does not cause, and shall not	1294
be construed as causing, the transferor of the residential real	1295
property to be in noncompliance with the requirements of divisions	1296
(C) and (D) of this section.	1297

(G) Any disclosure of an item of information in the property	1298
disclosure form prescribed under division (D) of this section may	1299
be amended in writing by the transferor of residential real	1300
property at any time following the delivery of the form in	1301
accordance with divisions (C) and (I) of this section. The	1302
amendment shall be subject to the provisions of this section.	1303

(H) Except as provided in division (B)(2) of this section,	1304
every prospective transferee of residential real property who	1305
receives in accordance with division (C) of this section a signed	1306
and dated copy of a completed property disclosure form as	1307
prescribed under division (D) of this section shall acknowledge	1308
his receipt of the form by doing both of the following:	1309

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

1310

(2) Delivering a signed and dated copy of the form to the	1311
transferor or histhe transferor's agent or subagent.	1312

(I) The transferor's delivery under division (C) of this	1313
section of a property disclosure form as prescribed under division	1314
(D) of this section and the prospective transferee's delivery	1315
under division (H) of this section of an acknowledgment of his	1316
receipt of that form shall be made by personal delivery to the	1317
other party or histhe other party's agent or subagent, by	1318
ordinary mail or certified mail, return receipt requested, or by	1319
facsimile transmission. For the purposes of the delivery	1320
requirements of this section, the delivery of a property	1321
disclosure form to a prospective co-transferee of residential real	1322
property or hisa prospective co-transferee's agent shall be	1323
considered delivery to the other prospective transferees unless	1324
otherwise provided by contract.	1325

(J) The specification of items of information that must be	1326
disclosed in the property disclosure form as prescribed under	1327
division (D)(1) of this section does not limit or abridge, and	1328
shall not be construed as limiting or abridging, any obligation to	1329
disclose an item of information that is created by any other	1330
provision of the Revised Code or the common law of this state or	1331
that may exist in order to preclude fraud, either by	1332
misrepresentation, concealment, or nondisclosure in a transaction	1333
involving the transfer of residential real property. The	1334
disclosure requirements of this section do not bar, and shall not	1335
be construed as barring, the application of any legal or equitable	1336
defense that a transferor of residential real property may assert	1337
in a civil action commenced against the transferor by a	1338
prospective or actual transferee of that property.	1339

(K)(1) Except as provided in division (K)(2) of this section,	1340
but subject to divisions (J) and (L) of this section, a transfer	1341
of residential real property that is subject to this section shall	1342
not be invalidated because of the failure of the transferor to	1343
provide to the transferee in accordance with division (C) of this	1344
section a completed property disclosure form as prescribed under	1345
division (D) of this section.	1346

(2) Subject to division (K)(3)(c) of this section, if a	1347
transferee of residential real property that is subject to this	1348
section receives a property disclosure form or an amendment of	1349
that form as described in division (G) of this section after the	1350
transferee has entered into a transfer agreement with respect to	1351
the property, the transferee, after his receipt of the form or	1352
amendment, may rescind the transfer agreement in a written,	1353
signed, and dated document that is delivered to the transferor or	1354
histhe transferor's agent or subagent in accordance with	1355
divisions (K)(3)(a) and (b) of this section, without incurring any	1356
legal liability to the transferor because of the rescission,	1357
including, but not limited to, a civil action for specific	1358
performance of the transfer agreement. Upon the rescission of the	1359
transfer agreement, the transferee is entitled to the return of,	1360
and the transferor shall return, any deposits made by the	1361
transferee in connection with the proposed transfer of the	1362
residential real property.	1363

(3)(a) Subject to division (K)(3)(b) of this section, a	1364
rescission of a transfer agreement under division (K)(2) of this	1365
section only may occur if the transferee's written, signed, and	1366
dated document of rescission is delivered to the transferor or his	1367
the transferor's agent or subagent within three business days	1368
following the date on which the transferee or histhe transferee's	1369
agent receives the property disclosure form prescribed under	1370
division (D) of this section or the amendment of that form as	1371
described in division (G) of this section.	1372

(b) A transferee may not rescind a transfer agreement under	1373
division (K)(2) of this section unless hethe transferee rescinds	1374
the transfer agreement by the earlier of the date that is thirty	1375
days after the date upon which the transferor accepted the	1376
transferee's transfer offer or the date of the closing of the	1377
transfer of the residential real property.	1378

(c) A transferee of residential real property may waive the	1379
right of rescission of a transfer agreement described in division	1380
(K)(2) of this section.	1381

(d) A rescission of a transfer agreement is not permissible	1382
under division (K)(2) of this section if a transferee of	1383
residential real property that is subject to this section receives	1384
a property disclosure form as prescribed under division (D) of	1385
this section or an amendment of that form as described in division	1386
(G) of this section prior to the transferee's submission to the	1387
transferor or histhe transferor's agent or subagent of a transfer	1388
offer and the transferee's entry into a transfer agreement with	1389
respect to the property.	1390

(4) If a transferee of residential real property subject to	1391
this section does not receive a property disclosure form from the	1392
transferor after the transferee has submitted to the transferor or	1393
histhe transferor's agent or subagent a transfer offer and has	1394
entered into a transfer agreement with respect to the property,	1395
the transferee may rescind the transfer agreement in a written,	1396
signed, and dated document that is delivered to the transferor or	1397
histhe transferor's agent or subagent in accordance with division	1398
(K)(4) of this paragraph,section without incurring any legal	1399
liability to the transferor because of the rescission, including,	1400
but not limited to, a civil action for specific performance of the	1401
transfer agreement. Upon the rescission of the transfer agreement,	1402
the transferee is entitled to the return of, and the transferor	1403
shall return, any deposits made by the transferee in connection	1404
with the proposed transfer of the residential real property. A	1405
transferee may not rescind a transfer agreement under division	1406
(K)(4) of this paragraphsection unless hethe transferee rescinds	1407
the transfer agreement by the earlier of the date that is thirty	1408
days after the date upon which the transferor accepted the	1409
transferee's transfer offer or the date of the closing of the	1410
transfer of the residential real property.	1411

(L) The right of rescission of a transfer agreement described	1412
in division (K)(2) of this section or the absence of that right	1413
does not affect, and shall not be construed as affecting, any	1414
other legal causes of action or other remedies that a transferee	1415
or prospective transferee of residential real property may possess	1416
against the transferor of that property.	1417

Sec. 6111.04.  (A) Both of the following apply except as	1418
otherwise provided in division (A) or (F) of this section:	1419

(1) No person shall cause pollution or place or cause to be	1420
placed any sewage, sludge, sludge materials, industrial waste, or	1421
other wastes in a location where they cause pollution of any	1422
waters of the state.	1423

(2) Such an action prohibited under division (A)(1) of this	1424
section is hereby declared to be a public nuisance.	1425

Divisions (A)(1) and (2) of this section do not apply if the	1426
person causing pollution or placing or causing to be placed wastes	1427
in a location in which they cause pollution of any waters of the	1428
state holds a valid, unexpired permit, or renewal of a permit,	1429
governing the causing or placement as provided in sections 6111.01	1430
to 6111.08 of the Revised Code or if the person's application for	1431
renewal of such a permit is pending.	1432

(B) If the director of environmental protection administers a	1433
sludge management program pursuant to division (S) of section	1434
6111.03 of the Revised Code, both of the following apply except as	1435
otherwise provided in division (B) or (F) of this section:	1436

(1) No person, in the course of sludge management, shall	1437
place on land located in the state or release into the air of the	1438
state any sludge or sludge materials.	1439

(2) An action prohibited under division (B)(1) of this	1440
section is hereby declared to be a public nuisance.	1441

Divisions (B)(1) and (2) of this section do not apply if the	1442
person placing or releasing the sludge or sludge materials holds a	1443
valid, unexpired permit, or renewal of a permit, governing the	1444
placement or release as provided in sections 6111.01 to 6111.08 of	1445
the Revised Code or if the person's application for renewal of	1446
such a permit is pending.	1447

(C) No person to whom a permit has been issued shall place or	1448
discharge, or cause to be placed or discharged, in any waters of	1449
the state any sewage, sludge, sludge materials, industrial waste,	1450
or other wastes in excess of the permissive discharges specified	1451
under an existing permit without first receiving a permit from the	1452
director to do so.	1453

(D) No person to whom a sludge management permit has been	1454
issued shall place on the land or release into the air of the	1455
state any sludge or sludge materials in excess of the permissive	1456
amounts specified under the existing sludge management permit	1457
without first receiving a modification of the existing sludge	1458
management permit or a new sludge management permit to do so from	1459
the director.	1460

(E) The director may require the submission of plans,	1461
specifications, and other information that the director considers	1462
relevant in connection with the issuance of permits.	1463

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

1464

(1) Waters used in washing sand, gravel, other aggregates, or	1465
mineral products when the washing and the ultimate disposal of the	1466
water used in the washing, including any sewage, industrial waste,	1467
or other wastes contained in the waters, are entirely confined to	1468
the land under the control of the person engaged in the recovery	1469
and processing of the sand, gravel, other aggregates, or mineral	1470
products and do not result in the pollution of waters of the	1471
state;	1472

(2) Water, gas, or other material injected into a well to	1473
facilitate, or that is incidental to, the production of oil, gas,	1474
artificial brine, or water derived in association with oil or gas	1475
production and disposed of in a well, in compliance with a permit	1476
issued under Chapter 1509. of the Revised Code, or sewage,	1477
industrial waste, or other wastes injected into a well in	1478
compliance with an injection well operating permit. Division	1479
(F)(2) of this section does not authorize, without a permit, any	1480
discharge that is prohibited by, or for which a permit is required	1481
by, regulation of the United States environmental protection	1482
agency.	1483

(3) Application of any materials to land for agricultural	1484
purposes or runoff of the materials from that application or	1485
pollution by animal waste or soil sediment, including attached	1486
substances, resulting from farming, silvicultural, or earthmoving	1487
activities regulated by Chapter 307. or 1515. of the Revised Code;	1488

(4) The excrement of domestic and farm animals defecated on	1489
land or runoff therefrom into any waters of the state;	1490

(5) On and after the date on which the United States	1491
environmental protection agency approves the NPDES program	1492
submitted by the director of agriculture under section 903.08 of	1493
the Revised Code, storm water from an animal feeding facility, as	1494
defined in section 903.01 of the Revised Code, or manure, as	1495
defined in that section;	1496

(6) The discharge of sewage, industrial waste, or other	1497
wastes into a sewerage system tributary to a treatment works.	1498
Division (F)(6) of this section does not authorize any discharge	1499
into a publicly owned treatment works in violation of a	1500
pretreatment program applicable to the publicly owned treatment	1501
works.	1502

(7) Septic tanks or any other disposal systems for the	1503
disposal or treatment of sewage from single-family, two-family, or	1504
three-family dwellingsA household sewage treatment system or a	1505
small flow on-site sewage treatment system, as applicable, as	1506
defined in section 3718.01 of the Revised Code that is installed	1507
in compliance with the sanitary code and section 3707.01Chapter	1508
3718. of the Revised Code and rules adopted under it. Division	1509
(F)(7) of this section does not authorize, without a permit, any	1510
discharge that is prohibited by, or for which a permit is required	1511
by, regulation of the United States environmental protection	1512
agency.	1513

(8) Exceptional quality sludge generated outside of this	1514
state and contained in bags or other containers not greater than	1515
one hundred pounds in capacity. As used in division (F)(8) of this	1516
section, "exceptional quality sludge" has the same meaning as in	1517
division (Y) of section 3745.11 of the Revised Code.	1518

(G) The holder of a permit issued under section 402 (a) of	1519
the Federal Water Pollution Control Act need not obtain a permit	1520
for a discharge authorized by the permit until its expiration	1521
date. The director shall administer and enforce those permits	1522
within this state and may modify their terms and conditions in	1523
accordance with division (J) of section 6111.03 of the Revised	1524
Code.	1525

Sec. 6111.44.  (A) Except as otherwise provided in division	1526
(B) of this section, in section 6111.14 of the Revised Code, or in	1527
rules adopted under division (G) of section 6111.03 of the Revised	1528
Code, no municipal corporation, county, public institution,	1529
corporation, or officer or employee thereof or other person shall	1530
provide or install sewerage or treatment works for sewage, sludge,	1531
or sludge materials disposal or treatment or make a change in any	1532
sewerage or treatment works until the plans therefor have been	1533
submitted to and approved by the director of environmental	1534
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	1535
to sewerage and treatment works of a municipal corporation or part	1536
thereof, an unincorporated community, a county sewer district, or	1537
other land outside of a municipal corporation or any publicly or	1538
privately owned building or group of buildings or place, used for	1539
the assemblage, entertainment, recreation, education, correction,	1540
hospitalization, housing, or employment of persons.	1541

In granting an approval, the director may stipulate	1542
modifications, conditions, and rules that the public health and	1543
prevention of pollution may require. Any action taken by the	1544
director shall be a matter of public record and shall be entered	1545
in the director's journal. Each period of thirty days that a	1546
violation of this section continues, after a conviction for the	1547
violation, constitutes a separate offense.	1548

(B) Sections 6111.45 and 6111.46 of the Revised Code and	1549
division (A) of this section do not apply to any of the following:	1550

(1) Sewerage or treatment works for sewage installed or to be	1551
installed for the use of a private residence or dwelling;	1552

(2) Sewerage systems, treatment works, or disposal systems	1553
for storm water from an animal feeding facility or manure, as	1554
"animal feeding facility" and "manure" are defined in section	1555
903.01 of the Revised Code;	1556

(3) Animal waste treatment or disposal works and related	1557
management and conservation practices that are subject to rules	1558
adopted under division (E)(2) of section 1511.02 of the Revised	1559
Code;	1560

(4) Sewerage or treatment works for the on-lot disposal or	1561
treatment of sewage from a small flow on-site sewage treatment	1562
system, as defined in section 3718.01 of the Revised Code, if the	1563
board of health of a city or general health district has notified	1564
the director of health and the director of environmental	1565
protection under section 3718.021 of the Revised Code that the	1566
board has chosen to regulate the system, provided that the board	1567
remains in compliance with the rules adopted under division	1568
(A)(13) of section 3718.02 of the Revised Code.	1569

The exclusions established in divisions (B)(2) and (3) of	1570
this section do not apply to the construction or installation of	1571
disposal systems, as defined in section 6111.01 of the Revised	1572
Code, that are located at an animal feeding facility and that	1573
store, treat, or discharge wastewaters that do not include storm	1574
water or manure or that discharge to a publicly owned treatment	1575
works.	1576

Sec. 6111.441. In addition to the exemption established under	1577
division (B)(4) of section 6111.44 of the Revised Code, sewerage	1578
or treatment works for the on-lot disposal or treatment of sewage	1579
from a small flow on-site sewage treatment system, as defined in	1580
section 3718.01 of the Revised Code, concerning which the board of	1581
health of a city or general health district has notified the	1582
director of health and the director of environmental protection	1583
under section 3718.021 of the Revised Code that the board has	1584
chosen to regulate the system are exempt from the administrative	1585
and permitting requirements established in this chapter and rules	1586
adopted under it and the fees established under section 3745.11 of	1587
the Revised Code, provided that the board remains in compliance	1588
with the rules adopted under division (A)(13) of section 3718.02	1589
of the Revised Code.	1590

Section 2. That existing sections 307.37, 319.281, 521.01,	1591
711.05, 711.10, 711.131, 3701.83, 3709.085, 3709.09, 3709.091,	1592
4736.01, 5302.30, 6111.04, and 6111.44 of the Revised Code are	1593
hereby repealed.	1594

Section 3. Chapter 3701-29 of the Ohio Administrative Code	1595
shall remain in effect as it existed on the effective date of this	1596
act until it is superseded by the rules that are required to be	1597
adopted under section 3718.02 of the Revised Code as enacted by	1598
this act.	1599

Section 4. Section 3718.021 of the Revised Code, as enacted	1600
by this act, shall become operative on the effective date of the	1601
rules adopted under division (A)(13) of section 3718.02 of the	1602
Revised Code, as enacted by this act.	1603

Section 5.  Section 3709.085 of the Revised Code is presented	1604
in this act as a composite of the section as amended by both Am.	1605
Sub. H.B. 197 and S.B. 198 of the 123rd General Assembly. The	1606
General Assembly, applying the principle stated in division (B) of	1607
section 1.52 of the Revised Code that amendments are to be	1608
harmonized if reasonably capable of simultaneous operation, finds	1609
that the composite is the resulting version of the section in	1610
effect prior to the effective date of the section as presented in	1611
this act.	1612