Sec. 120.01. During the period beginning July 1, 2007,
and | 13 |
expiring July 1December 31, 2009, the operation of sections | 14 |
3718.02,
3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, | 15 |
3718.99, and
6111.441 of the Revised Code is suspended. On July | 16 |
1December 31, 2009,
sections 3718.02, 3718.05, 3718.06, 3718.07, | 17 |
3718.08,
3718.09,
3718.10, 3718.99, and 6111.441 of the Revised | 18 |
Code, in
either
their present form or as they are later amended, | 19 |
again
become
operational. | 20 |
Sec. 120.02. (A)(1) Effective July 2, 2007, the rules | 21 |
adopted by the Public Health Council under section 3718.02 of the | 22 |
Revised Code that took effect on January 1, 2007, are not valid. | 23 |
Not later than July 2, 2007, the Director of Health shall adopt | 24 |
rules that are identical to the rules adopted by the Public Health | 25 |
Council that were in effect prior to January 1, 2007, and were | 26 |
codified in Chapter 3701-29 of the Administrative Code, except the | 27 |
rules in that chapter that established requirements for separation | 28 |
distances from a water table and soil absorption requirements. | 29 |
(2) Not later than thirty days after the
effective date of | 39 |
this section as enacted by Am. Sub. H.B. 119 of the 127th General | 40 |
Assembly and notwithstanding any provision
of law to the | 41 |
contrary, the Public Health Council shall rescind
rules adopted | 42 |
by the Council under section 3718.02 of the Revised
Code, that | 43 |
took effect on January 1, 2007. At the same time as
those rules | 44 |
are rescinded, the Council shall adopt rules that are
identical | 45 |
to the rules adopted by the Council that were in effect
prior to | 46 |
January 1, 2007, and were codified in Chapter 3701-29 of
the | 47 |
Administrative Code, except the rules in that Chapter that | 48 |
established requirements for separation distances from a water | 49 |
table and soil absorption requirements. Instead, a board of health | 50 |
or the authority having the duties of a board of health shall | 51 |
adopt standards establishing requirements for separation distances | 52 |
from a water table and soil absorption requirements based on the | 53 |
water table and soils in the applicable health district for | 54 |
purposes of the installation and operation of household sewage | 55 |
treatment systems and small flow on-site sewage treatment systems | 56 |
in the applicable health district. | 57 |
(B) A local board of health or the authority having the | 63 |
duties of a board of health may adopt standards for use in the | 64 |
health district that are more stringent than the rules adopted | 65 |
under division (A)(1) or (2) of this section, provided that the | 66 |
board of
health or authority having the duties of a board of | 67 |
health in
adopting such standards considers the economic impact | 68 |
of those
standards on property owners, the state of available | 69 |
technology,
and the nature and economics of the available | 70 |
alternatives. If a
board of health or authority having the duties | 71 |
of a board of
health adopts standards that are more stringent | 72 |
than the rules
adopted under division (A)(1) or (2) of this | 73 |
section, the board or authority
shall send a copy of the | 74 |
standards to the Department of Health. | 75 |
(C)(1) A board of health or the authority having the duties | 76 |
of a board of health shall approve or deny the use of household | 77 |
sewage treatment systems and small flow on-site sewage treatment | 78 |
systems in the applicable health district. In approving or denying | 79 |
a household sewage treatment system or a small flow on-site sewage | 80 |
treatment system for use in the health district, the board or | 81 |
authority shall consider the economic impact of the system on | 82 |
property owners, the state of available technology, and the nature | 83 |
and economics of the available alternatives, ensure that a system | 84 |
will not create a public health nuisance, and require a system to | 85 |
comply with the requirements established in divisions (C)(2) and | 86 |
(3) of this section. | 87 |
(2) Notwithstanding any rule adopted by the Director of | 88 |
Health or the Public Health
Council or standard adopted by a | 89 |
board of health or the authority
having the duties of a board of | 90 |
health governing the installation
and operation of sewage | 91 |
treatment systems, a board of health or
the authority having the | 92 |
duties of a board of health shall ensure
that the design and | 93 |
installation of a soil absorption system
prevents public health | 94 |
nuisances. To the extent determined
necessary by a board of | 95 |
health or the authority having the duties
of a board of health, a | 96 |
sewage treatment system that is installed
after the effective | 97 |
date of this section as enacted by Am. Sub. H.B. 119 of the 127th | 98 |
General Assembly shall not discharge to a
ditch, stream,
pond, | 99 |
lake, natural or artificial waterway, drain
tile, other
surface | 100 |
water, or the surface of the ground unless
authorized by
a | 101 |
national pollutant discharge elimination system
(NPDES) permit | 102 |
issued under Chapter 6111. of the Revised Code and
rules adopted | 103 |
under it. In addition, a sewage treatment system
shall not | 104 |
discharge to an abandoned well, a drainage well, a dry
well or | 105 |
cesspool, a sinkhole, or another connection to ground
water. As a | 106 |
condition to the issuance of a permit to operate a
system, a | 107 |
board of health or the authority having the duties of a
board of | 108 |
health shall require a service contract for any sewage
treatment | 109 |
system that is subject to an NPDES permit to the extent
required | 110 |
by the Environmental Protection Agency. If classified as
a class | 111 |
V injection well, a household sewage treatment system
serving a | 112 |
two- or three-family dwelling or a small flow on-site
sewage | 113 |
treatment system shall comply with 40 C.F.R. 144, as
published in | 114 |
the July 1, 2005, Code of Federal Regulations and
with the | 115 |
registration requirements established in rule 3745-34-13
of the | 116 |
Administrative Code. | 117 |
(3) Notwithstanding any rule adopted by the Director of | 118 |
Health or the Public Health
Council or standard adopted by a | 119 |
board of health or the authority
having the duties of a board of | 120 |
health governing the installation
and operation of household | 121 |
sewage treatment systems, all septic
tanks, other disposal | 122 |
component tanks, dosing tanks, pump vaults,
household sewage | 123 |
disposal system holding tanks and privy vaults,
or other | 124 |
applicable sewage disposal system components manufactured
after | 125 |
the effective date of this section as enacted by Am. Sub. H.B. 119 | 126 |
of the 127th General Assembly and used in this state
shall
be | 127 |
watertight and structurally sound. | 128 |
(2) In addition to the fees that are authorized to be | 146 |
established under division (D)(1) of this section, there is hereby | 147 |
levied an application fee of twenty-five dollars for a sewage | 148 |
treatment system installation permit. A board of health or the | 149 |
authority having the duties of a board of health shall collect the | 150 |
fee on behalf of the Department of Health and forward the fee to | 151 |
the Department to be deposited in the state treasury to the credit | 152 |
of the Sewage Treatment System Innovation Fund, which is hereby | 153 |
created. Not more than seventy-five per cent of the money in the | 154 |
Fund shall be used by the Department to administer the sewage | 155 |
treatment system program, and not less than twenty-five per cent | 156 |
of the money in the Fund shall be used to establish a grant | 157 |
program in cooperation with boards of health to fund the | 158 |
installation and evaluation of new technology pilot projects. In | 159 |
the selection of the pilot projects, the Director of Health shall | 160 |
consult with the Sewage Treatment System Technical Advisory | 161 |
Committee created in section 3718.03 of the Revised Code. | 162 |
(G) The Environmental Protection Agency shall not require a | 174 |
board of health or the authority having the duties of a board of | 175 |
health to enter into a memorandum of understanding or any other | 176 |
agreement with the Agency regarding the issuance of NPDES permits | 177 |
for off-lot sewage treatment systems. Instead, a representative of | 178 |
a board of health or the authority having the duties of a board of | 179 |
health may meet with a person who intends to install such a system | 180 |
to determine the feasibility of the system and refer the person to | 181 |
the Agency to secure an NPDES permit for the system if needed. The | 182 |
Environmental Protection Agency, within ninety days or as quickly | 183 |
as possible after the effective date of this section as enacted by | 184 |
Am. Sub. H.B. 119 of the 127th General Assembly, shall seek a | 185 |
revision to the general NPDES permit, issued pursuant to the | 186 |
federal Water Pollution Control Act as defined in section 6111.01 | 187 |
of the Revised Code, in order not to require a memorandum of | 188 |
understanding with a board of health or the authority having the | 189 |
duties of a board of health and that allows a property owner to | 190 |
seek coverage under the general NPDES permit for purposes of this | 191 |
division. A board of health or the authority having the duties of | 192 |
a board of health voluntarily may enter into a memorandum of | 193 |
understanding with the Environmental Protection Agency to | 194 |
implement the general NPDES permit. In the interim, the Agency | 195 |
shall work with boards of health or authorities having the duties | 196 |
of boards of health and with property owners in order to | 197 |
facilitate the owners' securing an NPDES permit in counties | 198 |
without a memorandum of understanding. | 199 |
(H) Notwithstanding any rule adopted by the Director of | 200 |
Health or the Public Health Council governing the installation and | 201 |
operation of household
sewage treatment systems, a board of | 202 |
health or the authority
having the duties of a board of health | 203 |
that, prior to the
effective date of this section, has obtained | 204 |
authority from the
Department of Health and the Environmental | 205 |
Protection Agency to
regulate small flow on-site sewage treatment | 206 |
systems may continue
to regulate such systems on and after the | 207 |
effective date of this
section as enacted by Am. Sub. H.B. 119 of | 208 |
the 127th General Assembly. A board of health or the
authority | 209 |
having the duties of a
board of health that has not
obtained | 210 |
such authority may request
the authority from the
Department of | 211 |
Health and the Environmental
Protection Agency in
the manner | 212 |
provided by law. | 213 |
(I) Because the rules adopted by the Public Health Council | 214 |
under section 3718.02 of the Revised Code that were effective on | 215 |
January 1, 2007, have been rescinded by operation of this section, | 216 |
the references to those rules in section 3718.021 of the Revised | 217 |
Code are not operable. Instead, notwithstanding any other | 218 |
provisions of this section, the Director of Health or the Public | 219 |
Health Council, as applicable, shall
provide for the | 220 |
implementation of section 3718.021 of the Revised
Code in the | 221 |
rules that are required to be adopted under division
(A) of this | 222 |
section. | 223 |
(J) The Department of Health in cooperation with a board of | 224 |
health or the authority having the duties of a board of health | 225 |
shall assess the familiarity of the board's or authority's staff | 226 |
with the best practices in the use of sewage treatment systems and | 227 |
conduct appropriate training to educate the board's or authority's | 228 |
staff in those best practices and in the use of any new sewage | 229 |
treatment system technology that is recommended for use by the | 230 |
Sewage Treatment System Technical Advisory Committee created in | 231 |
section 3718.03 of the Revised Code. | 232 |
Section 3. This act is hereby declared to be an emergency | 267 |
measure necessary for the immediate preservation of the public | 268 |
peace, health, and safety. The reason for such necessity is that | 269 |
provisions of law that were suspended by the enactment of Am. Sub. | 270 |
H.B. 119 of the 127th General Assembly are scheduled to be | 271 |
reinstated on July 1, 2009, and the extension of the suspension | 272 |
and of temporary provisions governing household and small flow | 273 |
on-site sewage treatment systems is necessary to provide time for | 274 |
the General Assembly to craft new requirements pertaining to those | 275 |
systems. Therefore, this act shall go into immediate effect. | 276 |