Sub. H. B. No. 231 As Reported by the Senate Energy, Natural Resources and Environment Committee

Representatives Niehaus, Seitz, McGregor, Barrett, Kearns, Husted, Setzer, Collier, Webster, Carano, Allen, Aslanides, Carmichael, Strahorn, Daniels, Domenick, Flowers, Hollister, Otterman, T. Patton, Wolpert

Senator Spada

A BILL

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 ~~disposal~~treatment 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 ~~disposal~~treatment 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 ~~disposal~~treatment 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 under~~in section ~~3701.34~~3718.01 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 Code~~this 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 department~~board 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 under section 3718.02 of 253
the Revised Code, as a basis for approval of a plat. Where under 254
~~the provisions of~~ section 711.101 of the Revised Code the board of 255
county commissioners has set up standards and specifications for 256
the construction of streets, utilities, and other improvements for 257
common use, ~~such~~the general rules may require the submission of 258
appropriate plans and specifications for approval. The board shall 259
not require the person submitting the plat to alter the plat or 260
any part of it as a condition for approval, as long as the plat is 261
in accordance with general rules governing plats and subdivisions 262
of land, adopted by the board as provided in this section, in 263
effect at the time the plat was submitted and the plat is in 264
accordance with any standards and specifications set up under 265
section 711.101 of the Revised Code, in effect at the time the 266
plat was submitted. 267

       (C) The ground of refusal to approve any plat, submitted in 268
accordance with section 711.041 of the Revised Code, shall be 269
stated upon the record of the board, and, within sixty days 270
thereafter, the person submitting any plat that the board refuses 271
to approve may file a petition in the court of common pleas of the 272
county in which the land described in the plat is situated to 273
review the action of the board. A board of township trustees is 274
not entitled to appeal a decision of the board of county 275
commissioners under this section. 276

       Sec. 711.10. Whenever a county planning commission or a 277
regional planning commission adopts a plan for the major streets 278
or highways of the county or region, no plat of a subdivision of 279
land within the county or region, other than land within a 280
municipal corporation or land within three miles of a city or one 281
and one-half miles of a village as provided in section 711.09 of 282
the Revised Code, shall be recorded until it is approved by the 283
county or regional planning commission and the approval is 284
endorsed in writing on the plat. Within five days after the 285
submission of a plat for approval, the county or regional planning 286
commission shall schedule a meeting to consider the plat and send 287
a notice by regular mail or by electronic mail to the clerk of the 288
board of township trustees of the township in which the plat is 289
located and the board of health of the health district in which 290
the plat is located. The notice shall inform the trustees and the 291
board of health of the submission of the plat and of the date, 292
time, and location of any meeting at which the county or regional 293
planning commission will consider or act upon the plat. The 294
meeting shall take place within thirty days after submission of 295
the plat, and no meeting shall be held until at least seven days 296
have passed from the date the notice was sent by the planning 297
commission. 298

       The approval of the planning commission or the refusal to 299
approve shall be endorsed on the plat within thirty days after the 300
submission of the plat for approval, or within such further time 301
as the applying party may agree to in writing; otherwise that plat 302
is deemed approved, and the certificate of the planning commission 303
as to the date of the submission of the plat for approval and the 304
failure to take action on it within that time shall be sufficient 305
in lieu of the written endorsement or evidence of approval 306
required by this section. A county or regional planning commission 307
shall not require a person submitting the plat to alter the plat 308
or any part of it as a condition for approval, as long as the plat 309
is in accordance with the general rules governing plats and 310
subdivisions of land, adopted by the commission as provided in 311
this section, in effect at the time the plat is submitted. The 312
ground of refusal of approval of any plat submitted, including 313
citation of or reference to the rule violated by the plat, shall 314
be stated upon the record of the commission. Within sixty days 315
after the refusal, the person submitting any plat that the county 316
or regional planning commission refuses to approve may file a 317
petition in the court of common pleas of the proper county, and 318
the proceedings on the petition shall be governed by section 319
711.09 of the Revised Code as in the case of the refusal of a 320
planning authority to approve a plat. A board of township trustees 321
is not entitled to appeal a decision of the county or regional 322
planning commission under this section. 323

       A county or regional planning commission shall adopt general 324
rules, of uniform application, governing plats and subdivisions of 325
land falling within its jurisdiction, to secure and provide for 326
the proper arrangement of streets or other highways in relation to 327
existing or planned streets or highways or to the county or 328
regional plan, for adequate and convenient open spaces for 329
traffic, utilities, access of firefighting apparatus, recreation, 330
light, and air, and for the avoidance of congestion of population. 331
The rules may provide for their modification by the county or 332
regional planning commission in specific cases where unusual 333
topographical and other exceptional conditions require the 334
modification. The rules may require the ~~county department~~board of 335
health to review and comment on a plat before the county or 336
regional planning commission acts upon it and may also require 337
proof of compliance with any applicable zoning resolutions, and 338
with household sewage treatment rules adopted under section 339
3718.02 of the Revised Code, as a basis for approval of a plat. 340

       Before adoption of its rules or amendment of its rules, a 341
public hearing shall be held on the adoption or amendment by the 342
commission. Notice of the public hearing shall be sent to all 343
townships in the county or region by regular mail or electronic 344
mail at least thirty days before the hearing. No county or 345
regional planning commission shall adopt any rules requiring 346
actual construction of streets or other improvements or facilities 347
or assurance of that construction as a condition precedent to the 348
approval of a plat of a subdivision unless the requirements have 349
first been adopted by the board of county commissioners after a 350
public hearing. A copy of the rules shall be certified by the 351
planning commission to the county recorders of the appropriate 352
counties. 353

       After a county or regional street or highway plan has been 354
adopted as provided in this section, the approval of plats and 355
subdivisions provided for in this section shall be in lieu of any 356
approvals provided for in other sections of the Revised Code, so 357
far as the territory within the approving jurisdiction of the 358
county or regional planning commission, as provided in this 359
section, is concerned. Approval of a plat shall not be an 360
acceptance by the public of the dedication of any street, highway, 361
or other way or open space shown upon the plat. Any county or 362
regional planning commission and a city or village planning 363
commission, or platting commissioner or legislative authority of a 364
village, with subdivision regulation jurisdiction over 365
unincorporated territory within the county or region may cooperate 366
and agree by written agreement that the approval of a plat by the 367
city or village planning commission, or platting commissioner or 368
legislative authority of a village, as provided in section 711.09 369
of the Revised Code, shall be conditioned upon receiving advice 370
from or approval by the county or regional planning commission. 371

       Sec. 711.131. Notwithstanding sections 711.001 to 711.13 of 372
the Revised Code, a proposed division of a parcel of land along an 373
existing public street, not involving the opening, widening, or 374
extension of any street or road, and involving no more than five 375
lots after the original tract has been completely subdivided, may 376
be submitted to the authority having approving jurisdiction of 377
plats under section 711.05, 711.09, or 711.10 of the Revised Code 378
for approval without plat. If the authority acting through a 379
properly designated representative is satisfied that the proposed 380
division is not contrary to applicable platting, subdividing, 381
zoning, or access management regulations or, regulations adopted 382
under division (B)(3) of section 307.37 of the Revised Code 383
regarding existing surface or subsurface drainage, or household 384
sewage treatment rules adopted under section 3718.02 of the 385
Revised Code, it shall within seven working days after submission 386
approve the proposed division and, on presentation of a conveyance 387
of the parcel, shall stamp the conveyance "approved by (planning 388
authority); no plat required" and have it signed by its clerk, 389
secretary, or other official as may be designated by it. The 390
planning authority may require the submission of a sketch and 391
other information that is pertinent to its determination under 392
this section. 393

       Sec. 3701.83. (A) There is hereby created in the state 394
treasury the general operations fund. Moneys in the fund shall be 395
used for the purposes specified in sections 3701.04, 3701.344, 396
3702.20, 3710.15, 3711.021, 3717.45, 3718.06, 3721.02, 3722.04, 397
3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 398
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 399
of the Revised Code. 400

       (B) The alcohol testing program fund is hereby created in the 401
state treasury. The director of health shall use the fund to 402
administer and enforce the alcohol testing and permit program 403
authorized by section 3701.143 of the Revised Code. 404

       The fund shall receive transfers from the liquor control fund 405
created under section 4301.12 of the Revised Code. All investment 406
earnings of the alcohol testing program fund shall be credited to 407
the fund. 408

       Sec. 3709.085. (A) The board of health of a city or general 409
health district may enter into a contract with any political 410
subdivision or other governmental agency to obtain or provide all 411
or part of any services, including, but not limited to, 412
enforcement services, for the purposes of Chapter 3704. of the 413
Revised Code, the rules adopted and orders made pursuant thereto, 414
or any other ordinances or rules for the prevention, control, and 415
abatement of air pollution. 416

       (B)(1) As used in division (B)(2) of this section: 417

       (a) "Semipublic disposal system" means a disposal system that 418
treats the sanitary sewage discharged from publicly or privately 419
owned buildings or places of assemblage, entertainment, 420
recreation, education, correction, hospitalization, housing, or 421
employment, but does not include a disposal system that treats 422
sewage in amounts of more than twenty-five thousand gallons per 423
day; a disposal system for the treatment of sewage that is exempt 424
from the requirements of section 6111.04 of the Revised Code 425
pursuant to division (F)~~(6)~~(7) of that section; or a disposal 426
system for the treatment of industrial waste. 427

       (b) Terms defined in section 6111.01 of the Revised Code have 428
the same meanings as in that section. 429

       (2) The board of health of a city or general health district 430
may enter into a contract with the environmental protection agency 431
to conduct on behalf of the agency inspection or enforcement 432
services, for the purposes of Chapter 6111. of the Revised Code 433
and rules adopted thereunder, for the disposal or treatment of 434
sewage from semipublic disposal systems. The board of health of a 435
city or general health district may charge a fee established 436
pursuant to section 3709.09 of the Revised Code to be paid by the 437
owner or operator of a semipublic disposal system for inspections 438
conducted by the board pursuant to a contract entered into under 439
division (B)(2) of this section, except that the board shall not 440
charge a fee for those inspections conducted at any recreational 441
vehicle park, recreation camp, or combined park-camp that is 442
licensed under section 3729.05 of the Revised Code or at any 443
manufactured home park that is licensed under section 3733.03 of 444
the Revised Code. 445

       Sec. 3709.09. (A) The board of health of a city or general 446
health district may, by rule, establish a uniform system of fees 447
to pay the costs of any services provided by the board. 448

       The fee for issuance of a certified copy of a vital record or 449
a certification of birth shall not be less than the fee prescribed 450
for the same service under division (A)(1) of section 3705.24 of 451
the Revised Code and shall include the fees required by division 452
(B) of section 3705.24 and section 3109.14 of the Revised Code. 453

       Fees for services provided by the board for purposes 454
specified in sections 3701.344, 3711.05, 3718.06, 3729.07, 455
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall 456
be established in accordance with rules adopted under division (B) 457
of this section. The district advisory council, in the case of a 458
general health district, and the legislative authority of the 459
city, in the case of a city health district, may disapprove any 460
fee established by the board of health under this division, and 461
any such fee, as disapproved, shall not be charged by the board of 462
health. 463

       (B) The public health council shall adopt rules under section 464
111.15 of the Revised Code that establish fee categories and 465
uniform methodologies for use in calculating the costs of services 466
provided for purposes specified in sections 3701.344, 3711.05, 467
3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 of the 468
Revised Code. In adopting the rules, the public health council 469
shall consider recommendations it receives from advisory boards 470
established either by statute or the director of health for 471
entities subject to the fees. 472

       (C) At least thirty days prior to establishing a fee for a 473
service provided by the board for a purpose specified in section 474
3701.344, 3711.05, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, or 475
3749.04 of the Revised Code, a board of health shall notify any 476
entity that would be affected by the proposed fee of the amount of 477
the proposed fee. 478

       Sec. 3709.091. (A) As used in this section: 479

       (1) "Household sewage ~~disposal~~treatment system" means any 480
sewage ~~disposal or~~ treatment system, or part ~~thereof~~of such a 481
system, for a single-family, two-family, or three-family dwelling 482
that receives sewage. 483

       (2) "Sewage" means ~~any~~ liquid waste containing animal or 484
vegetable matter in suspension or solution ~~from water closets,~~ 485
~~urinals, lavatories, bathtubs, laundry tubs or devices, floor~~ 486
~~drains, drinking fountains, or other sanitary fixtures, and may~~ 487
~~include liquid containing chemicals in solution~~that originates 488
from humans and human activities. "Sewage" includes liquids 489
containing household chemicals in solution commonly discharged 490
from a residence or from commercial, institutional, or other 491
similar facilities. 492

       (3) "Small flow on-site sewage treatment system" means a 493
system, other than a household sewage treatment system, that 494
treats not more than one thousand gallons of sewage per day and 495
that does not require a national pollutant discharge elimination 496
system permit issued under section 6111.03 of the Revised Code or 497
an injection well drilling or operating permit issued under 498
section 6111.043 of the Revised Code. 499

       (B) If any owner, leaseholder, or assignee of real property 500
fails to pay a fee as required by rule of a board of health of a 501
city or general health district pursuant to section 3709.09 of the 502
Revised Code for an operation permit for, or for inspection of, a 503
household sewage ~~disposal~~treatment system or a small flow on-site 504
sewage treatment system located on the real property, the health 505
commissioner of the city or general health district or the 506
commissioner's designated representative shall notify the owner, 507
leaseholder, or assignee of the real property of the amount of the 508
fee and any accrued penalties for late payment of the fee. The 509
notice shall state, in boldface letters: "You have 30 days to 510
object to the amount of the unpaid operation permit or inspection 511
fee for your household sewage ~~disposal~~treatment system or small 512
flow on-site sewage treatment system, as applicable, as designated 513
in this notice, which may include accrued penalties for late 514
payment of the fee. If you do not pay this amount as instructed 515
herein within 30 days of receipt of this notice or object to this 516
amount during that time period in accordance with the procedures 517
set forth herein, the amount will be placed as a lien on your real 518
property." The notice also shall explain how the owner, 519
leaseholder, or assignee may pay the amount, or object to the 520
amount in accordance with the procedures established by divisions 521
(C) and (D) of this section. 522

       Notice to the owner, leaseholder, or assignee shall be made 523
by either of the following: 524

       (1) Certified mail, overnight delivery service, hand 525
delivery, or any other method that includes written evidence of 526
receipt; 527

       (2) The sheriff of the county in which the owner, 528
leaseholder, or assignee to be served resides, in one or more of 529
the methods provided in the Ohio Rules of Civil Procedure. The 530
sheriff may charge reasonable fees for ~~such~~that service. 531

       (C) Not later than thirty days after receipt under division 532
(B) of this section of notification of the amount of an unpaid 533
operation permit or inspection fee and any accrued late payment 534
penalties, the owner, leaseholder, or assignee may object to the 535
amount by delivering a written notice of objection to the health 536
commissioner by any of the means provided for in division (B)(1) 537
of this section. Not later than sixty days after receipt of the 538
notice of objection, the county prosecutor, on behalf of the city 539
or general health district, may file a civil action in the court 540
of common pleas against the owner, leaseholder, or assignee. If 541
the county prosecutor fails to commence suit within the sixty-day 542
period, or if the action is commenced, but dismissed with 543
prejudice before adjudication, the unpaid fee and any accrued late 544
payment penalties are void and cannot be placed on the general tax 545
list and duplicate as a lien against the real property. 546

       (D) If, in accordance with division (C) of this section, the 547
owner, leaseholder, or assignee objects to the amount of the 548
unpaid operation permit or inspection fee and any accrued late 549
payment penalties and the county prosecutor commences suit and 550
prevails in the action, the owner, leaseholder, or assignee 551
objecting shall pay the amount of the fee, any accrued late 552
payment penalties, and the costs of the action, as determined by 553
the court. 554

       (E) If the owner, leaseholder, or assignee on which the 555
notice required by division (B) of this section was served does 556
not pay to the city or general health district the amount of an 557
unpaid operation permit or inspection fee and any accrued late 558
payment penalties within thirty days after receipt of the notice, 559
or does not object to the amount in the manner provided in 560
division (C) of this section, the health commissioner of the city 561
or general health district or the commissioner's designated 562
representative may certify, on or before the first Monday of 563
September, the amount of the unpaid fee and any accrued late 564
payment penalties to the county auditor to be placed on the 565
general tax list and duplicate as provided in section 319.281 of 566
the Revised Code. 567

       Sec. 3718.01. As used in this chapter: 568

       (A) "Alter" means to change by making substantive 569
replacements of, additions to, or deletions in the design or 570
materials or to change the location of an existing sewage 571
treatment system. 572

        (B) "Board of health" means the board of health of a city or 573
general health district or the authority having the duties of a 574
board of health in any city as authorized by section 3709.05 of 575
the Revised Code. 576

        (C) "Domestic septage" means the liquid or solid material 577
removed from a sewage treatment system, portable toilet, or type 578
III marine sanitation device as defined in 33 C.F.R. 159.3. 579
"Domestic septage" does not include grease removed from a grease 580
trap. 581

        (D) "Household sewage treatment system" means any sewage 582
treatment system, or part of such a system, that receives sewage 583
from a single-family, two-family, or three-family dwelling. 584

        (E) "Inspection" means the on-site evaluation or analysis of 585
the functioning of a sewage treatment system. 586

       (F) "Installer" means any person who engages in the business 587
of installing or altering or who, as an employee of another, 588
installs or alters any sewage treatment system. 589

        (G) "Manufacturer" means any person that manufactures sewage 590
treatment systems or components of systems. 591

        (H) "Person" has the same meaning as in section 1.59 of the 592
Revised Code and also includes any state, any political 593
subdivision of a state, and any department, division, board, 594
commission, agency, or instrumentality of a state or political 595
subdivision. 596

        (I) "Sanitary sewerage system" means pipelines or conduits, 597
pumping stations, force mains, and all other constructions, 598
devices, appurtenances, and facilities that convey sewage to a 599
central sewage treatment plant and that are required to obtain a 600
permit under Chapter 6111. of the Revised Code. 601

        (J) "Septage hauler" means any person who engages in the 602
collection, transportation, disposal, and land application of 603
domestic septage. 604

        (K) "Service provider" means any person who services, but 605
does not install or alter, sewage treatment systems. 606

        (L) "Sewage" means liquid waste containing animal or 607
vegetable matter in suspension or solution that originates from 608
humans and human activities. "Sewage" includes liquids containing 609
household chemicals in solution commonly discharged from a 610
residence or from commercial, institutional, or other similar 611
facilities. 612

       (M) "Sewage treatment system" means a household sewage 613
treatment system, a small flow on-site sewage treatment system, or 614
both, as applicable. 615

       (N) "Small flow on-site sewage treatment system" means a 616
system, other than a household sewage treatment system, that 617
treats not more than one thousand gallons of sewage per day and 618
that does not require a national pollutant discharge elimination 619
system permit issued under section 6111.03 of the Revised Code or 620
an injection well drilling or operating permit issued under 621
section 6111.043 of the Revised Code. 622

       Sec. 3718.02. (A) Not later than one year after the effective 623
date of this section, the public health council, in accordance 624
with Chapter 119. of the Revised Code, shall adopt, and 625
subsequently may amend and rescind, rules of general application 626
throughout the state to administer this chapter. Rules adopted 627
under division (A) of this section shall do at least all of the 628
following: 629

       (1) Require that the appropriate board of health approve or 630
disapprove the use of a sewage treatment system if it is not 631
connected to a sanitary sewerage system; 632

        (2) Require that a board of health conduct a site evaluation 633
for any proposed installation of a sewage treatment system; 634

        (3) Prescribe standards for the siting, design, installation, 635
operation, monitoring, maintenance, and abandonment of household 636
sewage treatment systems that may be used in this state. The 637
standards shall include at a minimum all of the following: 638

        (a) Soil absorption specifications; 639

        (b) Specifications for discharging systems that do not 640
conflict with provisions related to the national pollutant 641
discharge elimination system permit program established in section 642
6111.03 of the Revised Code and rules adopted under it; 643

       (c) Requirements for the maintenance of a system according to 644
the manufacturer's instructions, if available; 645

        (d) Requirements and procedures under which a person may 646
demonstrate the required maintenance of a system in lieu of having 647
an inspection conducted when an inspection otherwise is required. 648

       The rules also shall require that a system that has been or 649
is sited or installed prior to or on the effective date of the 650
rules and that is operating on that date shall be deemed approved 651
unless the system is declared to be a public health nuisance by a 652
board of health. 653

       (4) Prescribe procedures for notification to boards of health 654
of the approval of a sewage treatment system or components of a 655
system by the director of health under section 3718.04 of the 656
Revised Code; 657

       (5) Prescribe criteria and procedures under which boards of 658
health shall issue installation and operation permits for sewage 659
treatment systems. The rules shall require as a condition of an 660
installation permit that the installer of a system must warrant 661
that the system was installed in accordance with all applicable 662
rules and design requirements. In addition, the rules shall 663
require a board of health, not later than sixty days after the 664
issuance of an installation permit, to certify to the director on 665
a form provided by the director that the permit was issued. 666

       (6) Require a board of health to inspect a sewage treatment 667
system not later than eighteen months after its installation to 668
ensure that the system is operating properly. The rules shall 669
require a board of health, not later than sixty days after the 670
inspection, to certify to the director on a form provided by the 671
director that the inspection was performed. 672

        (7) Require a board of health to register installers, service 673
providers, and septage haulers that perform work within the health 674
district; prescribe criteria and procedures for the registration; 675
and prescribe criteria for a demonstration of competency as a part 676
of the registration; 677

        (8) Prescribe requirements for the collection, 678
transportation, disposal, and land application of domestic septage 679
in this state from a sewage treatment system; 680

        (9) Require boards of health to maintain records that are 681
determined necessary to ascertain compliance with this chapter and 682
the rules adopted under it; 683

       (10) Require a board of health and the manufacturer of a 684
sewage treatment system, when possible, to provide instructions 685
for the operation and maintenance of the system. The rules shall 686
authorize the instructions to be posted on the department of 687
health's web site and the manufacturer's web site. In addition, 688
the rules shall require a board of health and a manufacturer to 689
provide a copy of the operation and maintenance instructions, if 690
available, when a board of health or a manufacturer receives a 691
written request for instructions. 692

        (11) Prescribe criteria for the provision of written evidence 693
of compliance with rules pertaining to household sewage treatment 694
for purposes of sections 711.05 and 711.10 of the Revised Code; 695

       (12) Prescribe minimum criteria and procedures under which 696
boards of health may establish household sewage treatment district 697
management programs for the purpose of providing a responsive 698
approach toward preventing or solving sewage treatment problems 699
resulting from household sewage treatment systems within the 700
districts established under the program. For purposes of division 701
(A)(12) of this section, a board of health may enter into a 702
contract with any entity to administer a household sewage 703
treatment district management program. 704

       (13) Prescribe standards for the siting, design, 705
installation, operation, monitoring, maintenance, and abandonment 706
of small flow on-site sewage treatment systems that may be used in 707
this state. 708

        The council may adopt other rules under division (A) of this 709
section that it determines are necessary to implement this chapter 710
and to protect the public health and welfare. 711

        At least sixty days prior to adopting a rule under division 712
(A) of this section, the council shall provide boards of health 713
and any other interested parties an opportunity to comment on the 714
rule. 715

        (B) In accordance with section 3709.20 or 3709.21 of the 716
Revised Code, as applicable, and subject to review by and approval 717
of the director under division (C) of section 3718.05 of the 718
Revised Code, a board of health may adopt rules necessary for the 719
public health providing for more stringent standards governing 720
household sewage treatment systems, installers, service providers, 721
or septage haulers than those established in rules of the public 722
health council adopted under division (A) of this section. A board 723
that intends to adopt such rules shall notify the department of 724
health of the rules at least ninety days prior to the proposed 725
date of adoption. The director shall approve or disapprove any 726
such proposed rule within ninety days after receiving notice of it 727
under this division. If the director fails to approve or 728
disapprove a proposed rule within ninety days after receiving 729
notice of it, the proposed rule shall be deemed approved. 730

       Sec. 3718.021. (A) A board of health may regulate the siting, 731
design, installation, operation, monitoring, maintenance, and 732
abandonment of small flow on-site sewage treatment systems in 733
accordance with rules adopted by the public health council under 734
division (A)(13) of section 3718.02 of the Revised Code. If a 735
board of health chooses to regulate small flow on-site sewage 736
treatment systems, the board first shall send written notification 737
to the director of health and the director of environmental 738
protection. 739

       (B) If a board of health chooses to regulate small flow 740
on-site sewage treatment systems under division (A) of this 741
section and later determines that it no longer wants to regulate 742
those systems, the board shall notify the director of health and 743
the director of environmental protection. Upon the receipt of the 744
notification by the director of environmental protection, the 745
board of health shall cease regulating small flow on-site sewage 746
treatment systems, and the environmental protection agency shall 747
regulate those systems. 748

       (C) If after a survey conducted under section 3718.07 of the 749
Revised Code the director of health finds that a board of health 750
that has chosen to regulate small flow on-site sewage treatment 751
systems is not complying with the rules adopted under division 752
(A)(13) of section 3718.02 of the Revised Code, the director shall 753
notify the director of environmental protection and the board of 754
health. Upon receipt of the notification, the board shall cease 755
regulating small flow on-site sewage treatment systems, and the 756
environmental protection agency shall regulate those systems. 757

       Sec. 3718.03. (A) There is hereby created the sewage 758
treatment system technical advisory committee consisting of the 759
director of health or the director's designee and ten members who 760
are knowledgeable about sewage treatment systems and technologies 761
to be appointed by the director. Of the ten members appointed by 762
the director, one shall represent academia, two shall represent 763
the interests of manufacturers of household sewage treatment 764
systems, one shall represent installers and service providers, two 765
shall be health commissioners who are members of and recommended 766
by the association of Ohio health commissioners, one shall be a 767
sanitarian who is registered under Chapter 4736. of the Revised 768
Code and who is a member of the Ohio environmental health 769
association, one shall be an engineer from the environmental 770
protection agency, one shall be selected from among soil 771
scientists from the division of soil and water conservation in the 772
department of natural resources, and one shall be a representative 773
of the public who is not employed by the state or any of its 774
political subdivisions and who does not have a pecuniary interest 775
in sewage treatment systems. All appointments to the committee 776
shall be made not later than sixty days after the effective date 777
of this section. 778

       (B) Of the initial members appointed by the director to the 779
technical advisory committee, three shall be appointed for one 780
year, three shall be appointed for two years, and four shall be 781
appointed for three years. Thereafter, terms shall be for three 782
years, with each term ending on the same day of the same month as 783
did the term that it succeeds. Each member shall serve from the 784
date of appointment until the end of the term for which the member 785
was appointed. 786

       Members may be reappointed. Vacancies shall be filled in the 787
same manner as provided for original appointments. Any member 788
appointed to fill a vacancy occurring prior to the expiration date 789
of the term for which the member was appointed shall hold office 790
for the remainder of that term. A member shall continue to serve 791
after the expiration date of the member's term until the member's 792
successor is appointed or until a period of sixty days has 793
elapsed, whichever occurs first. The director may remove a member 794
from the committee for failure to attend two consecutive meetings 795
without showing good cause for the absences. 796

       (C) The director or the director's designee shall serve as 797
the chairperson of the technical advisory committee. The committee 798
annually shall select from among its members a vice-chairperson 799
and a secretary to keep a record of its proceedings. A majority 800
vote of the members of the full committee is necessary to take 801
action on any matter. The committee may adopt bylaws governing its 802
operation, including bylaws that establish the frequency of 803
meetings. 804

        (D) Serving as a member of the sewage treatment system 805
technical advisory committee does not constitute holding a public 806
office or position of employment under the laws of this state and 807
does not constitute grounds for removal of public officers or 808
employees from their offices or positions of employment. Members 809
of the committee shall serve without compensation for attending 810
committee meetings. 811

        (E) A member of the committee shall not have a conflict of 812
interest with the position. For the purposes of this division, 813
"conflict of interest" means the taking of any action that 814
violates any provision of Chapter 102. or 2921. of the Revised 815
Code. 816

        (F) The sewage treatment system technical advisory committee 817
shall do all of the following: 818

        (1) Develop with the department of health standards and 819
guidelines for use by the director in approving or disapproving a 820
sewage treatment system or components of a system under section 821
3718.04 of the Revised Code; 822

        (2) Develop with the department an application form to be 823
submitted to the director by an applicant for approval or 824
disapproval of a sewage treatment system or components of a system 825
and specify the information that must be included with an 826
application form; 827

        (3) Advise the director on the approval or disapproval of an 828
application sent to the director under section 3718.04 of the 829
Revised Code requesting approval of a sewage treatment system or 830
components of a system. 831

        (G) If the committee meets in a calendar year, the director 832
of health shall prepare and submit a report concerning the 833
activities of the committee to the general assembly not later than 834
ninety days after the end of the calendar year. The report shall 835
discuss the number of applications submitted under section 3718.04 836
of the Revised Code for the approval of a new sewage treatment 837
system or a component of a system, the number of such systems and 838
components that were approved, any information that the committee 839
considers beneficial to the general assembly, and any other 840
information that the director determines is beneficial to the 841
general assembly. If the committee determines that certain 842
information should be included in the report, the committee shall 843
submit the information to the director not later than thirty days 844
after the end of the calendar year. 845

       (H) The department shall provide meeting space for the 846
committee. The committee shall be assisted in its duties by the 847
staff of the department. 848

        (I) Sections 101.82 to 101.87 of the Revised Code do not 849
apply to the sewage treatment system technical advisory committee. 850

       Sec. 3718.04. (A) A manufacturer seeking approval for the 851
use of a sewage treatment system or a component of a system in 852
this state that differs in design or function from systems or 853
components of systems the use of which is authorized in rules 854
adopted under section 3718.02 of the Revised Code shall request an 855
application form from the department of health. The applicant 856
shall complete the form and include with it all of the information 857
that is required by the department and the sewage treatment system 858
technical advisory committee. The applicant shall submit a 859
completed application and all required information to the director 860
of health. 861

       (B) Upon receipt of an application, the director shall 862
examine the application and all accompanying information to 863
determine if the application is complete. If the director 864
determines that the application is not complete, the director 865
shall notify the applicant not later than fourteen days after 866
determining that the application is not complete, provide a 867
description of the information that is missing from the 868
application, and return the application and all accompanying 869
information to the applicant. The applicant may resubmit the 870
application to the director. Not later than fourteen days after 871
receipt of a complete application, the director shall notify the 872
committee of the complete application and send a copy of the 873
complete application and all accompanying information to the 874
committee together with a request that the committee advise the 875
director on the approval or disapproval of the system. 876

       (C) In approving or disapproving an application, the director 877
shall use the standards and guidelines that the committee 878
developed with the department for that purpose. The director shall 879
not approve an application that fails to comply with those 880
standards and guidelines. If the committee advises the director 881
concerning the application, the director shall consider the advice 882
before approving or disapproving the application. However, if the 883
committee fails to provide advice or if the committee fails to 884
provide advice within a reasonable period of time before the 885
director is required to approve or disapprove the application, the 886
director may approve or disapprove the application without 887
considering the advice of the committee. Not later than ninety 888
days after receipt of a complete application, the director shall 889
approve or disapprove the application in writing. If the director 890
fails to approve or disapprove the application within that 891
ninety-day period, the application shall be deemed approved. 892

        (D) If the director approves an application under this 893
section, the director shall notify the applicant in writing. The 894
director also shall notify boards of health in accordance with the 895
procedures established in rules adopted under section 3718.02 of 896
the Revised Code. If the director disapproves an application under 897
this section, the director shall notify the applicant in writing 898
and provide a brief explanation for the disapproval. 899

       Sec. 3718.05. The director of health shall do all of the 900
following: 901

        (A) Administer and enforce this chapter and the rules of the 902
public health council adopted under it; 903

        (B) Examine records of boards of health, in accordance with 904
rules adopted by the council, that are determined necessary to 905
ascertain compliance with this chapter and rules adopted under it; 906

        (C) Review and approve or disapprove rules proposed by boards 907
of health under division (B) of section 3718.02 of the Revised 908
Code. The director shall not disapprove a proposed rule unless the 909
director determines that the proposed rule conflicts with this 910
chapter or rules adopted under section 3718.02 of the Revised Code 911
by the public health council or fails to promote public health or 912
environmental protection. If the director disapproves a proposed 913
rule, the director shall provide a written explanation of the 914
director's disapproval to the board of health that proposed the 915
rule. 916

        (D) Survey boards of health as required by section 3718.07 of 917
the Revised Code; 918

        (E) Develop with the sewage treatment system technical 919
advisory committee standards and guidelines for use by the 920
director in approving or disapproving a sewage treatment system 921
under section 3718.04 of the Revised Code and an application form 922
for use by applicants for that approval, including identification 923
of the information that must be included with the form; 924

       (F) Provide instructions on the operation and maintenance of 925
a sewage treatment system. The director shall provide the 926
operation and maintenance instructions on the department of 927
health's web site. In addition, the director shall provide a copy 928
of the operation and maintenance instructions when the director 929
receives a written request for the instructions. 930

       Sec. 3718.06. (A)(1) A board of health shall establish fees 931
in accordance with section 3709.09 of the Revised Code for the 932
purpose of carrying out its duties under this chapter and rules 933
adopted under it, including a fee for an installation permit 934
issued by the board. All fees so established and collected by the 935
board shall be deposited in a special fund of the district to be 936
used exclusively by the board in carrying out those duties. 937

        (2) In accordance with Chapter 119. of the Revised Code, the 938
public health council may establish by rule a fee to be collected 939
from applicants for installation permits issued under rules 940
adopted under this chapter. The director of health shall use the 941
proceeds from that fee for administering and enforcing this 942
chapter and the rules adopted under it by the council. A board of 943
health shall collect the fee at the same time that it collects the 944
fee established by it under division (A)(1) of this section for 945
installation permits. 946

        Not later than sixty days after the last day of the month in 947
which an installation permit is issued, a board shall certify the 948
amount collected under division (A)(2) of this section and 949
transmit the amount to the treasurer of state. All money so 950
received shall be deposited in the state treasury to the credit of 951
the general operations fund created in section 3701.83 of the 952
Revised Code. The director shall use the money so credited solely 953
for the administration and enforcement of this chapter and the 954
rules adopted under it by the public health council. 955

        (B) The director may submit recommendations to the council 956
regarding the amount of the fee collected under division (A)(2) of 957
this section for installation permits. When making the 958
recommendations, the director shall submit a report stating the 959
current and projected expenses of administering and enforcing this 960
chapter and the rules adopted under it by the council and the 961
total of all money that has been deposited to the credit of the 962
general operations fund under division (A)(2) of this section. The 963
director may include in the report any recommendations for 964
modifying the requirements established under this chapter and the 965
rules adopted under it by the council. 966

       Sec. 3718.07. The director of health shall survey each city 967
and general health district at least once every three years to 968
determine whether there is substantial compliance with the 969
requirements of this chapter pertaining to health districts and 970
the applicable rules adopted by the public health council under 971
this chapter. Upon determining that there is substantial 972
compliance, the director shall place the district on an approved 973
list. The director may resurvey an approved district if it is 974
determined by the director to be necessary and may remove from the 975
list a district that is found not to be substantially complying 976
with the requirements of this chapter pertaining to health 977
districts and the applicable rules. 978

        If the director determines that a district is not eligible to 979
be placed on the approved list or to continue on the list after a 980
resurvey, the director shall certify that determination to the 981
board of health, and the director shall carry out the duties of 982
the unapproved health district under this chapter and the 983
applicable rules adopted under it within the district or shall 984
contract with an approved health district to conduct those duties 985
until the unapproved district is placed on or returned to the 986
approved list. The director or the contracting district shall have 987
within the unapproved district the authority to exercise powers 988
and perform duties granted to or imposed on the board under this 989
chapter and the applicable rules adopted under it. 990

        Until the unapproved district is placed on or returned to the 991
approved list, the director or the contracting district shall 992
collect all fees payable to the board of health under this chapter 993
and all such fees previously paid to the unapproved district that 994
have not been expended or encumbered. The director shall deposit 995
those fees in the state treasury to the credit of a special fund, 996
which is hereby created, to be used by the director for the 997
purpose of carrying out the duties of the unapproved health 998
district under this chapter and the applicable rules adopted under 999
it. A contracting district shall deposit those fees to the credit 1000
of its fund created under section 3718.06 of the Revised Code to 1001
be used by the district for the purpose of carrying out the duties 1002
of the unapproved district under this chapter and the applicable 1003
rules adopted under it. The director or contracting district shall 1004
repay to the unapproved district any balance remaining in the 1005
applicable fund from all sources when the unapproved district is 1006
placed on or returned to the approved list by the director. 1007

       If a health district is removed from the approved list under 1008
this section and the board of health of the district is regulating 1009
small flow on-site sewage treatment systems in the district under 1010
section 3718.021 of the Revised Code, the director of 1011
environmental protection shall regulate those systems in that 1012
district in accordance with division (C) of that section. 1013

       Sec. 3718.08. No person shall violate this chapter, any rule 1014
adopted or order issued under it, or any condition of a 1015
registration or permit issued under rules adopted under it. 1016

       Sec. 3718.09. (A) A board of health may issue, modify, 1017
suspend, or revoke enforcement orders to a registration or permit 1018
holder or other person directing the holder or person to abate a 1019
violation of this chapter, any rule adopted or order issued under 1020
it, or a condition of a registration or permit issued under it 1021
within a specified, reasonable time. If an order issued under this 1022
division is neglected or disregarded, the applicable board of 1023
health may proceed in accordance with section 3707.02 of the 1024
Revised Code. 1025

        (B) The health commissioner or the commissioner's designated 1026
representative, without prior notice or hearing and in accordance 1027
with the rules of the public health council, may issue an 1028
emergency order requiring any action necessary to meet a public 1029
health emergency regarding domestic septage management or 1030
regarding a sewage treatment system. A person to whom such an 1031
emergency order is issued immediately shall comply with the order. 1032
A person so ordered may apply to the issuer of the order for a 1033
hearing, which shall be held as soon as possible, but not later 1034
than twenty days after the issuer's receipt of the application for 1035
a hearing. 1036

       Sec. 3718.10. (A) The prosecuting attorney of the county or 1037
the city director of law, village solicitor, or other chief legal 1038
officer of the municipal corporation where a violation has 1039
occurred or is occurring, upon complaint of the director of health 1040
or a board of health, shall prosecute to termination or bring an 1041
action for injunction or other appropriate relief against any 1042
person who is violating or has violated this chapter, any rule 1043
adopted or order issued under it, or any condition of a 1044
registration or permit issued under rules adopted under it. The 1045
court of common pleas or the municipal or county court in which an 1046
action for injunction is filed has jurisdiction to grant such 1047
relief upon a showing that the respondent named in the complaint 1048
is or was in violation of the chapter or rules, orders, or 1049
conditions. 1050

        Upon finding that a person intentionally has violated this 1051
chapter, a rule adopted or order issued under it, or any condition 1052
of a registration or permit issued under rules adopted under it, 1053
the court may assess a civil penalty of not more than one hundred 1054
dollars for each day of violation against the person. Seventy-five 1055
per cent of any penalties assessed by the court under this 1056
division shall be paid to the health district whose board of 1057
health brought the complaint, or to the state treasury to the 1058
credit of the general operations fund created in section 3701.83 1059
of the Revised Code if the director of health is carrying out the 1060
duties of an unapproved health district in which the violation 1061
occurred in accordance with section 3718.07 of the Revised Code, 1062
and shall be used for the purposes of this chapter and the rules 1063
adopted under it. Twenty-five per cent of any penalties assessed 1064
by the court under this division shall be paid to the prosecuting 1065
attorney of the county or city director of law, village solicitor, 1066
or other chief legal officer of the municipal corporation that 1067
prosecuted or brought the action under this division to pay the 1068
expenses incurred in bringing the action. 1069

        (B) The remedies provided in this chapter are in addition to 1070
any other remedies available under law. 1071

       Sec. 3718.99. Whoever purposely violates section 3718.08 of 1072
the Revised Code shall be fined not more than one thousand 1073
dollars. Each day of violation is a separate offense. All money 1074
collected from fines under this section shall be used to 1075
administer and enforce this chapter and rules adopted under it and 1076
shall be deposited as follows: 1077

        (A) If the violation occurred within a health district that 1078
is approved under section 3718.07 of the Revised Code, the money 1079
shall be deposited to the credit of the district's special fund 1080
created under section 3718.06 of the Revised Code. 1081

        (B) If the violation occurred within a health district that 1082
is not approved under section 3718.07 of the Revised Code and a 1083
contracting district is carrying out the duties of the unapproved 1084
health district in accordance with that section, the money shall 1085
be deposited to the credit of the contracting district's special 1086
fund created under section 3718.06 of the Revised Code. 1087

        (C) If the violation occurred within an unapproved health 1088
district and the director of health is carrying out the duties of 1089
the unapproved health district in accordance with section 3718.07 1090
of the Revised Code, the money shall be deposited in the state 1091
treasury to the credit of the general operations fund created in 1092
section 3701.83 of the Revised Code. 1093

       Sec. 4736.01. As used in this chapter: 1094

       (A) "Environmental health science" means the aspect of public 1095
health science that includes, but is not limited to, the following 1096
bodies of knowledge: air quality, food quality and protection, 1097
hazardous and toxic substances, consumer product safety, housing, 1098
institutional health and safety, community noise control, 1099
radiation protection, recreational facilities, solid and liquid 1100
waste management, vector control, drinking water quality, milk 1101
sanitation, and rabies control. 1102

       (B) "Sanitarian" means a person who performs for compensation 1103
educational, investigational, technical, or administrative duties 1104
requiring specialized knowledge and skills in the field of 1105
environmental health science. 1106

       (C) "Registered sanitarian" means a person who is registered 1107
as a sanitarian in accordance with this chapter. 1108

       (D) "Sanitarian-in-training" means a person who is registered 1109
as a sanitarian-in-training in accordance with this chapter. 1110

       (E) "Practice of environmental health" means consultation, 1111
instruction, investigation, inspection, or evaluation by an 1112
employee of a city health district, a general health district, the 1113
environmental protection agency, the department of health, or the 1114
department of agriculture requiring specialized knowledge, 1115
training, and experience in the field of environmental health 1116
science, with the primary purpose of improving or conducting 1117
administration or enforcement under any of the following: 1118

       (1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or 1119
3733. of the Revised Code; 1120

       (2) Chapter 3734. of the Revised Code as it pertains to solid 1121
waste; 1122

       (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections 1123
3707.38 to 3707.99, or section 3715.21 of the Revised Code; 1124

       (4) Rules adopted under section 3701.34 of the Revised Code 1125
pertaining to ~~home sewage,~~ rabies control, or swimming pools. 1126

       "Practice of environmental health" does not include sampling, 1127
testing, controlling of vectors, reporting of observations, or 1128
other duties that do not require application of specialized 1129
knowledge and skills in environmental health science performed 1130
under the supervision of a registered sanitarian. 1131

       The state board of sanitarian registration may further define 1132
environmental health science in relation to specific functions in 1133
the practice of environmental health through rules adopted by the 1134
board under Chapter 119. of the Revised Code. 1135

       Sec. 5302.30. (A) As used in this section: 1136

       (1) "Good faith" means honesty in fact in a transaction 1137
involving the transfer of residential real property. 1138

       (2) "Land installment contract" has the same meaning as in 1139
section 5313.01 of the Revised Code. 1140

       (3) "Political subdivision" and "state" have the same 1141
meanings as in section 2744.01 of the Revised Code. 1142

       (4) "Residential real property" means real property that is 1143
improved by a building or other structure that has one to four 1144
dwelling units. 1145

       (B)(1) Except as provided in division (B)(2) of this section, 1146
this section applies to any transfer of residential real property 1147
that occurs on or after July 1, 1993, by sale, land installment 1148
contract, lease with option to purchase, exchange, or lease for a 1149
term of ninety-nine years and renewable forever. For purposes of 1150
this section, a transfer occurs when the initial contract for 1151
transfer is executed, regardless of when legal title is 1152
transferred, and references in this section to transfer offers and 1153
transfer agreements refer to offers and agreements in respect of 1154
the initial contract for transfer. 1155

       (2) This section does not apply to any transfer of 1156
residential real property that is any of the following: 1157

       (a) A transfer pursuant to court order, including, but not 1158
limited to, a transfer ordered by a probate court during the 1159
administration of a decedent's estate, a transfer pursuant to a 1160
writ of execution, a transfer by a trustee in bankruptcy, a 1161
transfer as a result of the exercise of the power of eminent 1162
domain, and a transfer that results from a decree for specific 1163
performance of a contract or other agreement between persons; 1164

       (b) A transfer to a mortgagee by a mortgagor by deed in lieu 1165
of foreclosure or in satisfaction of the mortgage debt; 1166

       (c) A transfer to a beneficiary of a deed of trust by a 1167
trustor in default; 1168

       (d) A transfer by a foreclosure sale that follows a default 1169
in the satisfaction of an obligation secured by a mortgage; 1170

       (e) A transfer by a sale under a power of sale following a 1171
default in the satisfaction of an obligation that is secured by a 1172
deed of trust or another instrument containing a power of sale; 1173

       (f) A transfer by a mortgagee, or a beneficiary under a deed 1174
of trust, who has acquired the residential real property at a sale 1175
conducted pursuant to a power of sale under a mortgage or a deed 1176
of trust or who has acquired the residential real property by a 1177
deed in lieu of foreclosure; 1178

       (g) A transfer by a fiduciary in the course of the 1179
administration of a decedent's estate, a guardianship, a 1180
conservatorship, or a trust; 1181

       (h) A transfer from one co-owner to one or more other 1182
co-owners; 1183

       (i) A transfer made to the transferor's spouse or to one or 1184
more persons in the lineal line of consanguinity of one or more of 1185
the transferors; 1186

       (j) A transfer between spouses or former spouses as a result 1187
of a decree of divorce, dissolution of marriage, annulment, or 1188
legal separation or as a result of a property settlement agreement 1189
incidental to a decree of divorce, dissolution of marriage, 1190
annulment, or legal separation; 1191

       (k) A transfer to or from the state, a political subdivision 1192
of the state, or another governmental entity; 1193

       (l) A transfer that involves newly constructed residential 1194
real property that previously has not been inhabited; 1195

       (m) A transfer to a transferee who has occupied the property 1196
as a personal residence for one or more years immediately prior to 1197
the transfer; 1198

       (n) A transfer from a transferor who both has not occupied 1199
the property as a personal residence within one year immediately 1200
prior to the transfer and has acquired the property through 1201
inheritance or devise. 1202

       (C) Except as provided in division (B)(2) of this section and 1203
subject to divisions (E) and (F) of this section, every person who 1204
intends to transfer any residential real property on or after July 1205
1, 1993, by sale, land installment contract, lease with option to 1206
purchase, exchange, or lease for a term of ninety-nine years and 1207
renewable forever shall complete all applicable items in a 1208
property disclosure form prescribed under division (D) of this 1209
section and shall deliver in accordance with division (I) of this 1210
section a signed and dated copy of the completed form to each 1211
prospective transferee or ~~his~~prospective transferee's agent as 1212
soon as is practicable. 1213

       (D)(1) Prior to July 1, 1993, the director of commerce, by 1214
rule adopted in accordance with Chapter 119. of the Revised Code, 1215
shall prescribe the disclosure form to be completed by 1216
transferors. The form prescribed by the director shall be designed 1217
to permit the transferor to disclose material matters relating to 1218
the physical condition of the property to be transferred, 1219
including, but not limited to, the source of water supply to the 1220
property; the nature of the sewer system serving the property; the 1221
condition of the structure of the property, including the roof, 1222
foundation, walls, and floors; the presence of hazardous materials 1223
or substances, including lead-based paint, asbestos, 1224
urea-formaldehyde foam insulation, and radon gas; and any material 1225
defects in the property that are within the actual knowledge of 1226
the transferor. 1227

       The form also shall set forth a statement of the purpose of 1228
the form, including statements substantially similar to the 1229
following: that the form constitutes a statement of the conditions 1230
of the property and of information concerning the property 1231
actually known by the transferor; that, unless the transferee is 1232
otherwise advised in writing, the transferor, other than having 1233
lived at or owning the property, possesses no greater knowledge 1234
than that which could be obtained by a careful inspection of the 1235
property by a potential transferee; that the statement is not a 1236
warranty of any kind by the transferor or by any agent or subagent 1237
representing the transferor in this transaction; that the 1238
statement is not a substitute for any inspections; that the 1239
transferee is encouraged to obtain ~~his/her~~the transferee's own 1240
professional inspection; that the representations are made by the 1241
transferor and are not the representations of the transferor's 1242
agent or subagent; and that the form and the representations 1243
contained therein are provided by the transferor exclusively to 1244
potential transferees in a transfer made by the transferor, and 1245
are not made to transferees in any subsequent transfers. 1246

       The form shall include instructions to the transferor for 1247
completing the form, space in which the transferor or transferors 1248
shall sign and date the form, and space in which the transferee or 1249
transferees shall sign and date the form acknowledging receipt of 1250
a copy of the form and stating that the transferee or transferees 1251
understand the purpose of the form as stated thereon. 1252

       (2) Not later than January 1, 2006, the director shall revise 1253
the disclosure form to include a statement that information on the 1254
operation and maintenance of the type of sewage treatment system 1255
serving the property is available from the department of health or 1256
the board of health of the health district in which the property 1257
is located. 1258

       As used in this section, "sewage treatment system" has the 1259
same meaning as in section 3718.01 of the Revised Code. 1260

       (E)(1) Each disclosure of an item of information that is 1261
required to be made in the property disclosure form prescribed 1262
under division (D) of this section in connection with particular 1263
residential real property and each act that may be performed in 1264
making any disclosure of an item of information shall be made or 1265
performed in good faith. 1266

       (2) If an item of information is unknown to the transferor of 1267
residential real property at the time the item is required to be 1268
disclosed in the property disclosure form and if the approximation 1269
is not used for the purpose of circumventing or otherwise evading 1270
divisions (C) and (D) of this section, the transferor may make a 1271
good faith approximation of the item of information. 1272

       (F)(1) A transferor of residential real property is not 1273
liable in damages in a civil action for injury, death, or loss to 1274
person or property that allegedly arises from any error in, 1275
inaccuracy of, or omission of any item of information required to 1276
be disclosed in the property disclosure form if the error, 1277
inaccuracy, or omission was not within the transferor's actual 1278
knowledge. 1279

       (2) If any item of information that is disclosed in the 1280
property disclosure form is rendered inaccurate after the delivery 1281
of the form to the transferee of residential real property or ~~his~~ 1282
the transferee's agent as a result of any act, occurrence, or 1283
agreement, the subsequent inaccuracy does not cause, and shall not 1284
be construed as causing, the transferor of the residential real 1285
property to be in noncompliance with the requirements of divisions 1286
(C) and (D) of this section. 1287

       (G) Any disclosure of an item of information in the property 1288
disclosure form prescribed under division (D) of this section may 1289
be amended in writing by the transferor of residential real 1290
property at any time following the delivery of the form in 1291
accordance with divisions (C) and (I) of this section. The 1292
amendment shall be subject to ~~the provisions of~~ this section. 1293

       (H) Except as provided in division (B)(2) of this section, 1294
every prospective transferee of residential real property who 1295
receives in accordance with division (C) of this section a signed 1296
and dated copy of a completed property disclosure form as 1297
prescribed under division (D) of this section shall acknowledge 1298
~~his~~ receipt of the form by doing both of the following: 1299

       (1) Signing and dating a copy of the form; 1300

       (2) Delivering a signed and dated copy of the form to the 1301
transferor or ~~his~~the transferor's agent or subagent. 1302

       (I) The transferor's delivery under division (C) of this 1303
section of a property disclosure form as prescribed under division 1304
(D) of this section and the prospective transferee's delivery 1305
under division (H) of this section of an acknowledgment of ~~his~~ 1306
receipt of that form shall be made by personal delivery to the 1307
other party or ~~his~~the other party's agent or subagent, by 1308
ordinary mail or certified mail, return receipt requested, or by 1309
facsimile transmission. For the purposes of the delivery 1310
requirements of this section, the delivery of a property 1311
disclosure form to a prospective co-transferee of residential real 1312
property or ~~his~~a prospective co-transferee's agent shall be 1313
considered delivery to the other prospective transferees unless 1314
otherwise provided by contract. 1315

       (J) The specification of items of information that must be 1316
disclosed in the property disclosure form as prescribed under 1317
division (D)(1) of this section does not limit or abridge, and 1318
shall not be construed as limiting or abridging, any obligation to 1319
disclose an item of information that is created by any other 1320
provision of the Revised Code or the common law of this state or 1321
that may exist in order to preclude fraud, either by 1322
misrepresentation, concealment, or nondisclosure in a transaction 1323
involving the transfer of residential real property. The 1324
disclosure requirements of this section do not bar, and shall not 1325
be construed as barring, the application of any legal or equitable 1326
defense that a transferor of residential real property may assert 1327
in a civil action commenced against the transferor by a 1328
prospective or actual transferee of that property. 1329

       (K)(1) Except as provided in division (K)(2) of this section, 1330
but subject to divisions (J) and (L) of this section, a transfer 1331
of residential real property that is subject to this section shall 1332
not be invalidated because of the failure of the transferor to 1333
provide to the transferee in accordance with division (C) of this 1334
section a completed property disclosure form as prescribed under 1335
division (D) of this section. 1336

       (2) Subject to division (K)(3)(c) of this section, if a 1337
transferee of residential real property that is subject to this 1338
section receives a property disclosure form or an amendment of 1339
that form as described in division (G) of this section after the 1340
transferee has entered into a transfer agreement with respect to 1341
the property, the transferee, after ~~his~~ receipt of the form or 1342
amendment, may rescind the transfer agreement in a written, 1343
signed, and dated document that is delivered to the transferor or 1344
~~his~~the transferor's agent or subagent in accordance with 1345
divisions (K)(3)(a) and (b) of this section, without incurring any 1346
legal liability to the transferor because of the rescission, 1347
including, but not limited to, a civil action for specific 1348
performance of the transfer agreement. Upon the rescission of the 1349
transfer agreement, the transferee is entitled to the return of, 1350
and the transferor shall return, any deposits made by the 1351
transferee in connection with the proposed transfer of the 1352
residential real property. 1353

       (3)(a) Subject to division (K)(3)(b) of this section, a 1354
rescission of a transfer agreement under division (K)(2) of this 1355
section only may occur if the transferee's written, signed, and 1356
dated document of rescission is delivered to the transferor or ~~his~~ 1357
the transferor's agent or subagent within three business days 1358
following the date on which the transferee or ~~his~~the transferee's 1359
agent receives the property disclosure form prescribed under 1360
division (D) of this section or the amendment of that form as 1361
described in division (G) of this section. 1362

       (b) A transferee may not rescind a transfer agreement under 1363
division (K)(2) of this section unless hethe transferee rescinds 1364
the transfer agreement by the earlier of the date that is thirty 1365
days after the date upon which the transferor accepted the 1366
transferee's transfer offer or the date of the closing of the 1367
transfer of the residential real property. 1368

       (c) A transferee of residential real property may waive the 1369
right of rescission of a transfer agreement described in division 1370
(K)(2) of this section. 1371

       (d) A rescission of a transfer agreement is not permissible 1372
under division (K)(2) of this section if a transferee of 1373
residential real property that is subject to this section receives 1374
a property disclosure form as prescribed under division (D) of 1375
this section or an amendment of that form as described in division 1376
(G) of this section prior to the transferee's submission to the 1377
transferor or ~~his~~the transferor's agent or subagent of a transfer 1378
offer and the transferee's entry into a transfer agreement with 1379
respect to the property. 1380

       (4) If a transferee of residential real property subject to 1381
this section does not receive a property disclosure form from the 1382
transferor after the transferee has submitted to the transferor or 1383
~~his~~the transferor's agent or subagent a transfer offer and has 1384
entered into a transfer agreement with respect to the property, 1385
the transferee may rescind the transfer agreement in a written, 1386
signed, and dated document that is delivered to the transferor or 1387
~~his~~the transferor's agent or subagent in accordance with division 1388
(K)(4) of this ~~paragraph,~~section without incurring any legal 1389
liability to the transferor because of the rescission, including, 1390
but not limited to, a civil action for specific performance of the 1391
transfer agreement. Upon the rescission of the transfer agreement, 1392
the transferee is entitled to the return of, and the transferor 1393
shall return, any deposits made by the transferee in connection 1394
with the proposed transfer of the residential real property. A 1395
transferee may not rescind a transfer agreement under division 1396
(K)(4) of this ~~paragraph~~section unless hethe transferee rescinds 1397
the transfer agreement by the earlier of the date that is thirty 1398
days after the date upon which the transferor accepted the 1399
transferee's transfer offer or the date of the closing of the 1400
transfer of the residential real property. 1401

       (L) The right of rescission of a transfer agreement described 1402
in division (K)(2) of this section or the absence of that right 1403
does not affect, and shall not be construed as affecting, any 1404
other legal causes of action or other remedies that a transferee 1405
or prospective transferee of residential real property may possess 1406
against the transferor of that property. 1407

       Sec. 6111.04. (A) Both of the following apply except as 1408
otherwise provided in division (A) or (F) of this section: 1409

       (1) No person shall cause pollution or place or cause to be 1410
placed any sewage, sludge, sludge materials, industrial waste, or 1411
other wastes in a location where they cause pollution of any 1412
waters of the state. 1413

       (2) Such an action prohibited under division (A)(1) of this 1414
section is hereby declared to be a public nuisance. 1415

       Divisions (A)(1) and (2) of this section do not apply if the 1416
person causing pollution or placing or causing to be placed wastes 1417
in a location in which they cause pollution of any waters of the 1418
state holds a valid, unexpired permit, or renewal of a permit, 1419
governing the causing or placement as provided in sections 6111.01 1420
to 6111.08 of the Revised Code or if the person's application for 1421
renewal of such a permit is pending. 1422

       (B) If the director of environmental protection administers a 1423
sludge management program pursuant to division (S) of section 1424
6111.03 of the Revised Code, both of the following apply except as 1425
otherwise provided in division (B) or (F) of this section: 1426

       (1) No person, in the course of sludge management, shall 1427
place on land located in the state or release into the air of the 1428
state any sludge or sludge materials. 1429

       (2) An action prohibited under division (B)(1) of this 1430
section is hereby declared to be a public nuisance. 1431

       Divisions (B)(1) and (2) of this section do not apply if the 1432
person placing or releasing the sludge or sludge materials holds a 1433
valid, unexpired permit, or renewal of a permit, governing the 1434
placement or release as provided in sections 6111.01 to 6111.08 of 1435
the Revised Code or if the person's application for renewal of 1436
such a permit is pending. 1437

       (C) No person to whom a permit has been issued shall place or 1438
discharge, or cause to be placed or discharged, in any waters of 1439
the state any sewage, sludge, sludge materials, industrial waste, 1440
or other wastes in excess of the permissive discharges specified 1441
under an existing permit without first receiving a permit from the 1442
director to do so. 1443

       (D) No person to whom a sludge management permit has been 1444
issued shall place on the land or release into the air of the 1445
state any sludge or sludge materials in excess of the permissive 1446
amounts specified under the existing sludge management permit 1447
without first receiving a modification of the existing sludge 1448
management permit or a new sludge management permit to do so from 1449
the director. 1450

       (E) The director may require the submission of plans, 1451
specifications, and other information that the director considers 1452
relevant in connection with the issuance of permits. 1453

       (F) This section does not apply to any of the following: 1454

       (1) Waters used in washing sand, gravel, other aggregates, or 1455
mineral products when the washing and the ultimate disposal of the 1456
water used in the washing, including any sewage, industrial waste, 1457
or other wastes contained in the waters, are entirely confined to 1458
the land under the control of the person engaged in the recovery 1459
and processing of the sand, gravel, other aggregates, or mineral 1460
products and do not result in the pollution of waters of the 1461
state; 1462

       (2) Water, gas, or other material injected into a well to 1463
facilitate, or that is incidental to, the production of oil, gas, 1464
artificial brine, or water derived in association with oil or gas 1465
production and disposed of in a well, in compliance with a permit 1466
issued under Chapter 1509. of the Revised Code, or sewage, 1467
industrial waste, or other wastes injected into a well in 1468
compliance with an injection well operating permit. Division 1469
(F)(2) of this section does not authorize, without a permit, any 1470
discharge that is prohibited by, or for which a permit is required 1471
by, regulation of the United States environmental protection 1472
agency. 1473

       (3) Application of any materials to land for agricultural 1474
purposes or runoff of the materials from that application or 1475
pollution by animal waste or soil sediment, including attached 1476
substances, resulting from farming, silvicultural, or earthmoving 1477
activities regulated by Chapter 307. or 1515. of the Revised Code; 1478

       (4) The excrement of domestic and farm animals defecated on 1479
land or runoff therefrom into any waters of the state; 1480

       (5) On and after the date on which the United States 1481
environmental protection agency approves the NPDES program 1482
submitted by the director of agriculture under section 903.08 of 1483
the Revised Code, storm water from an animal feeding facility, as 1484
defined in section 903.01 of the Revised Code, or manure, as 1485
defined in that section; 1486

       (6) The discharge of sewage, industrial waste, or other 1487
wastes into a sewerage system tributary to a treatment works. 1488
Division (F)(6) of this section does not authorize any discharge 1489
into a publicly owned treatment works in violation of a 1490
pretreatment program applicable to the publicly owned treatment 1491
works. 1492

       (7) ~~Septic tanks or any other disposal systems for the~~ 1493
~~disposal or treatment of sewage from single-family, two-family, or~~ 1494
~~three-family dwellings~~A household sewage treatment system or a 1495
small flow on-site sewage treatment system, as applicable, as 1496
defined in section 3718.01 of the Revised Code that is installed 1497
in compliance with ~~the sanitary code and section 3707.01~~Chapter 1498
3718. of the Revised Code and rules adopted under it. Division 1499
(F)(7) of this section does not authorize, without a permit, any 1500
discharge that is prohibited by, or for which a permit is required 1501
by, regulation of the United States environmental protection 1502
agency. 1503

       (8) Exceptional quality sludge generated outside of this 1504
state and contained in bags or other containers not greater than 1505
one hundred pounds in capacity. As used in division (F)(8) of this 1506
section, "exceptional quality sludge" has the same meaning as in 1507
division (Y) of section 3745.11 of the Revised Code. 1508

       (G) The holder of a permit issued under section 402 (a) of 1509
the Federal Water Pollution Control Act need not obtain a permit 1510
for a discharge authorized by the permit until its expiration 1511
date. The director shall administer and enforce those permits 1512
within this state and may modify their terms and conditions in 1513
accordance with division (J) of section 6111.03 of the Revised 1514
Code. 1515

       Sec. 6111.44. (A) Except as otherwise provided in division 1516
(B) of this section, in section 6111.14 of the Revised Code, or in 1517
rules adopted under division (G) of section 6111.03 of the Revised 1518
Code, no municipal corporation, county, public institution, 1519
corporation, or officer or employee thereof or other person shall 1520
provide or install sewerage or treatment works for sewage, sludge, 1521
or sludge materials disposal or treatment or make a change in any 1522
sewerage or treatment works until the plans therefor have been 1523
submitted to and approved by the director of environmental 1524
protection. Sections 6111.44 to 6111.46 of the Revised Code apply 1525
to sewerage and treatment works of a municipal corporation or part 1526
thereof, an unincorporated community, a county sewer district, or 1527
other land outside of a municipal corporation or any publicly or 1528
privately owned building or group of buildings or place, used for 1529
the assemblage, entertainment, recreation, education, correction, 1530
hospitalization, housing, or employment of persons. 1531

       In granting an approval, the director may stipulate 1532
modifications, conditions, and rules that the public health and 1533
prevention of pollution may require. Any action taken by the 1534
director shall be a matter of public record and shall be entered 1535
in the director's journal. Each period of thirty days that a 1536
violation of this section continues, after a conviction for the 1537
violation, constitutes a separate offense. 1538

       (B) Sections 6111.45 and 6111.46 of the Revised Code and 1539
division (A) of this section do not apply to any of the following: 1540

       (1) Sewerage or treatment works for sewage installed or to be 1541
installed for the use of a private residence or dwelling; 1542

       (2) Sewerage systems, treatment works, or disposal systems 1543
for storm water from an animal feeding facility or manure, as 1544
"animal feeding facility" and "manure" are defined in section 1545
903.01 of the Revised Code; 1546

       (3) Animal waste treatment or disposal works and related 1547
management and conservation practices that are subject to rules 1548
adopted under division (E)(2) of section 1511.02 of the Revised 1549
Code; 1550

       (4) Sewerage or treatment works for the on-lot disposal or 1551
treatment of sewage from a small flow on-site sewage treatment 1552
system, as defined in section 3718.01 of the Revised Code, if the 1553
board of health of a city or general health district has notified 1554
the director of health and the director of environmental 1555
protection under section 3718.021 of the Revised Code that the 1556
board has chosen to regulate the system, provided that the board 1557
remains in compliance with the rules adopted under division 1558
(A)(13) of section 3718.02 of the Revised Code. 1559

        The exclusions established in divisions (B)(2) and (3) of 1560
this section do not apply to the construction or installation of 1561
disposal systems, as defined in section 6111.01 of the Revised 1562
Code, that are located at an animal feeding facility and that 1563
store, treat, or discharge wastewaters that do not include storm 1564
water or manure or that discharge to a publicly owned treatment 1565
works. 1566

       Sec. 6111.441. In addition to the exemption established under 1567
division (B)(4) of section 6111.44 of the Revised Code, sewerage 1568
or treatment works for the on-lot disposal or treatment of sewage 1569
from a small flow on-site sewage treatment system, as defined in 1570
section 3718.01 of the Revised Code, concerning which the board of 1571
health of a city or general health district has notified the 1572
director of health and the director of environmental protection 1573
under section 3718.021 of the Revised Code that the board has 1574
chosen to regulate the system are exempt from the administrative 1575
and permitting requirements established in this chapter and rules 1576
adopted under it and the fees established under section 3745.11 of 1577
the Revised Code, provided that the board remains in compliance 1578
with the rules adopted under division (A)(13) of section 3718.02 1579
of the Revised Code. 1580

       Section 2. That existing sections 307.37, 319.281, 521.01, 1581
711.05, 711.10, 711.131, 3701.83, 3709.085, 3709.09, 3709.091, 1582
4736.01, 5302.30, 6111.04, and 6111.44 of the Revised Code are 1583
hereby repealed. 1584

       Section 3. Chapter 3701-29 of the Ohio Administrative Code 1585
shall remain in effect as it existed on the effective date of this 1586
act until it is superseded by the rules that are required to be 1587
adopted under section 3718.02 of the Revised Code as enacted by 1588
this act. 1589

       Section 4. Section 3718.021 of the Revised Code, as enacted 1590
by this act, shall become operative on the effective date of the 1591
rules adopted under division (A)(13) of section 3718.02 of the 1592
Revised Code, as enacted by this act. 1593

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 ~~disposal~~treatment	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 ~~disposal~~treatment	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 ~~disposal~~treatment 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 under~~in section ~~3701.34~~3718.01 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 Code~~this 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 department~~board 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 under section 3718.02 of	253
the Revised Code, as a basis for approval of a plat. Where under	254
~~the provisions of~~ section 711.101 of the Revised Code the board of	255
county commissioners has set up standards and specifications for	256
the construction of streets, utilities, and other improvements for	257
common use, ~~such~~the general rules may require the submission of	258
appropriate plans and specifications for approval. The board shall	259
not require the person submitting the plat to alter the plat or	260
any part of it as a condition for approval, as long as the plat is	261
in accordance with general rules governing plats and subdivisions	262
of land, adopted by the board as provided in this section, in	263
effect at the time the plat was submitted and the plat is in	264
accordance with any standards and specifications set up under	265
section 711.101 of the Revised Code, in effect at the time the	266
plat was submitted.	267

(C) The ground of refusal to approve any plat, submitted in	268
accordance with section 711.041 of the Revised Code, shall be	269
stated upon the record of the board, and, within sixty days	270
thereafter, the person submitting any plat that the board refuses	271
to approve may file a petition in the court of common pleas of the	272
county in which the land described in the plat is situated to	273
review the action of the board. A board of township trustees is	274
not entitled to appeal a decision of the board of county	275
commissioners under this section.	276

Sec. 711.10. Whenever a county planning commission or a	277
regional planning commission adopts a plan for the major streets	278
or highways of the county or region, no plat of a subdivision of	279
land within the county or region, other than land within a	280
municipal corporation or land within three miles of a city or one	281
and one-half miles of a village as provided in section 711.09 of	282
the Revised Code, shall be recorded until it is approved by the	283
county or regional planning commission and the approval is	284
endorsed in writing on the plat. Within five days after the	285
submission of a plat for approval, the county or regional planning	286
commission shall schedule a meeting to consider the plat and send	287
a notice by regular mail or by electronic mail to the clerk of the	288
board of township trustees of the township in which the plat is	289
located and the board of health of the health district in which	290
the plat is located. The notice shall inform the trustees and the	291
board of health of the submission of the plat and of the date,	292
time, and location of any meeting at which the county or regional	293
planning commission will consider or act upon the plat. The	294
meeting shall take place within thirty days after submission of	295
the plat, and no meeting shall be held until at least seven days	296
have passed from the date the notice was sent by the planning	297
commission.	298

The approval of the planning commission or the refusal to	299
approve shall be endorsed on the plat within thirty days after the	300
submission of the plat for approval, or within such further time	301
as the applying party may agree to in writing; otherwise that plat	302
is deemed approved, and the certificate of the planning commission	303
as to the date of the submission of the plat for approval and the	304
failure to take action on it within that time shall be sufficient	305
in lieu of the written endorsement or evidence of approval	306
required by this section. A county or regional planning commission	307
shall not require a person submitting the plat to alter the plat	308
or any part of it as a condition for approval, as long as the plat	309
is in accordance with the general rules governing plats and	310
subdivisions of land, adopted by the commission as provided in	311
this section, in effect at the time the plat is submitted. The	312
ground of refusal of approval of any plat submitted, including	313
citation of or reference to the rule violated by the plat, shall	314
be stated upon the record of the commission. Within sixty days	315
after the refusal, the person submitting any plat that the county	316
or regional planning commission refuses to approve may file a	317
petition in the court of common pleas of the proper county, and	318
the proceedings on the petition shall be governed by section	319
711.09 of the Revised Code as in the case of the refusal of a	320
planning authority to approve a plat. A board of township trustees	321
is not entitled to appeal a decision of the county or regional	322
planning commission under this section.	323

A county or regional planning commission shall adopt general	324
rules, of uniform application, governing plats and subdivisions of	325
land falling within its jurisdiction, to secure and provide for	326
the proper arrangement of streets or other highways in relation to	327
existing or planned streets or highways or to the county or	328
regional plan, for adequate and convenient open spaces for	329
traffic, utilities, access of firefighting apparatus, recreation,	330
light, and air, and for the avoidance of congestion of population.	331
The rules may provide for their modification by the county or	332
regional planning commission in specific cases where unusual	333
topographical and other exceptional conditions require the	334
modification. The rules may require the ~~county department~~board of	335
health to review and comment on a plat before the county or	336
regional planning commission acts upon it and may also require	337
proof of compliance with any applicable zoning resolutions, and	338
with household sewage treatment rules adopted under section	339
3718.02 of the Revised Code, as a basis for approval of a plat.	340

Before adoption of its rules or amendment of its rules, a	341
public hearing shall be held on the adoption or amendment by the	342
commission. Notice of the public hearing shall be sent to all	343
townships in the county or region by regular mail or electronic	344
mail at least thirty days before the hearing. No county or	345
regional planning commission shall adopt any rules requiring	346
actual construction of streets or other improvements or facilities	347
or assurance of that construction as a condition precedent to the	348
approval of a plat of a subdivision unless the requirements have	349
first been adopted by the board of county commissioners after a	350
public hearing. A copy of the rules shall be certified by the	351
planning commission to the county recorders of the appropriate	352
counties.	353