Section 1. That sections 319.281, 3718.02, 3718.03, 3718.04, | 14 |
and 3718.05 be amended and sections 3718.011, 3718.041, 3718.30, | 15 |
3718.31, 3718.32, 3718.33, 3718.34, 3718.35, 3718.36, 3718.37, and | 16 |
3718.38 of the Revised Code be enacted to read as follows: | 17 |
Sec. 319.281. (A) The county auditor shall place on the | 18 |
general
tax list and duplicate compiled in accordance with
section | 19 |
319.28
of the Revised
Code the amount certified by the health | 20 |
commissioner of a city or
general health district pursuant to | 21 |
section 3709.091 of the Revised Code of
any unpaid
operation | 22 |
permit or inspection fee for a household sewage
treatment
system | 23 |
or a small flow on-site sewage treatment system or any other | 24 |
unpaid fee levied under Chapter 3718. of the
Revised Code and any | 25 |
accrued late payment penalties, together with
any fee charged by | 26 |
the county auditor for placing the amount on
the general tax list | 27 |
and duplicate and for the expenses of its
collection.
The amount | 28 |
placed on the general tax list and
duplicate shall be a lien
on | 29 |
the real property on which the
household sewage
treatment system | 30 |
or small flow on-site sewage treatment system is located from the | 31 |
date the amount was placed on the tax
list and duplicate, and | 32 |
shall be charged and collected in the
same manner as taxes on the | 33 |
list. | 34 |
(B) The county auditor shall place on the general tax list | 35 |
and duplicate compiled in accordance with section 319.28 of the | 36 |
Revised Code the amount certified by the director of health | 37 |
pursuant to rules adopted under section 3718.32 of the Revised | 38 |
Code of the repayment of a loan from the household sewage | 39 |
treatment system revolving loan fund created under section 3718.31 | 40 |
of the Revised Code that the person receiving the loan has chosen | 41 |
to have assessed as a part of the person's real property taxes. | 42 |
The amount placed on the general tax list and duplicate shall be | 43 |
charged and collected in the same manner as taxes on the list. | 44 |
After each settlement under divisions (A) and (C) of section | 45 |
321.24 of the Revised Code, the county treasurer shall provide for | 46 |
payment from the undivided income fund to the household sewage | 47 |
treatment system revolving loan fund the amount of loan repayments | 48 |
collected. | 49 |
Sec. 3718.02. (A) Not later than one year after the effective | 66 |
date of this section, theThe public health council, in | 67 |
accordance
with Chapter 119. of the Revised Code, shall adopt, and | 68 |
subsequently may amend and rescind, rules of general application | 69 |
throughout the state to administer this chapter. Rules adopted | 70 |
under division (A) of this section shall do at least all of the | 71 |
following: | 72 |
In addition, the rules shall not apply to a system on a | 97 |
parcel for which a plat is submitted for approval under section | 98 |
711.05, 711.09, or 711.10 of the Revised Code or for which a | 99 |
division without a plat is submitted for approval under section | 100 |
711.131 of the Revised Code on or before the effective date of the | 101 |
rules if the approval of the plat or division of the parcel | 102 |
without a plat is pending on or after that date. For purposes of | 103 |
such a system, the public health council shall adopt rules that | 104 |
are identical to the rules that governed such a system and that | 105 |
were in effect on January 1, 2009. | 106 |
(5) Prescribe criteria and procedures under which boards of | 111 |
health shall issue installation and operation permits for sewage | 112 |
treatment systems. The rules shall require as a condition of an | 113 |
installation permit that the installer of a system must warrant | 114 |
that the system was installed in accordance with all applicable | 115 |
rules and design requirements. In addition, the rules shall | 116 |
require a
board of health, not later than sixty days after the | 117 |
issuance of
an installation permit, to certify to the director on | 118 |
a
form provided by the director that the permit was issued. | 119 |
(7) Require a board of health to register installers,
service | 126 |
providers, and septage haulers that perform work within
the health | 127 |
district; prescribe criteria and procedures for the
registration; | 128 |
and prescribe criteria for a demonstration of competency as a part | 129 |
of the registration;. The rules shall establish uniform statewide | 130 |
bonding requirements or other financial security requirements for | 131 |
installers, service providers, and septage haulers as a condition | 132 |
of registration within any health district. The rules shall | 133 |
preclude a board of health from requiring an additional or | 134 |
different bond or security requirement as a condition of | 135 |
registration beyond the bonding and security requirements | 136 |
established in rules adopted under division (A)(7) of this | 137 |
section. | 138 |
(10) Require a board of health and the manufacturer of a | 145 |
sewage treatment system, when possible, to provide instructions | 146 |
for the operation
and maintenance of the system. The rules shall | 147 |
authorize the
instructions to be posted on the department of | 148 |
health's web site and the
manufacturer's web site. In addition, | 149 |
the rules shall require a
board of health and a
manufacturer to | 150 |
provide a copy of the
operation and maintenance
instructions, if | 151 |
available, when a board
of health or a
manufacturer receives a | 152 |
written request for
instructions. | 153 |
(12) Prescribe minimum criteria and procedures under which | 157 |
boards of health may establish household sewage treatment district | 158 |
management programs for the purpose of providing a responsive | 159 |
approach toward preventing or solving sewage treatment problems | 160 |
resulting from household sewage treatment systems within the | 161 |
districts established under the program. For purposes of division | 162 |
(A)(12) of this section, a board of health may enter into a | 163 |
contract with any entity to administer a household sewage | 164 |
treatment district management program. | 165 |
(15) Specify conditions and circumstances under which a | 175 |
property owner is required to connect to an available central | 176 |
sewer system. The rules shall provide that after a property owner | 177 |
is required to connect to a central sewer system, the property | 178 |
owner is prohibited from installing, replacing, or continuing to | 179 |
operate a sewage treatment system at the property. In specifying | 180 |
the conditions and circumstances, the rules shall establish a | 181 |
minimum distance from a central sewer system within which a | 182 |
property owner must be located in order to be subject to the | 183 |
requirement to connect to a central sewer system. The minimum | 184 |
distance shall measure not more than two hundred feet across the | 185 |
property to be serviced by the central sewer system from the | 186 |
foundation of the structure owned by the property owner to the | 187 |
right-of-way where the central sewer system is located. | 188 |
(B) In accordance with section 3709.20 or 3709.21 of the | 196 |
Revised Code, as applicable, and subject to review by and approval | 197 |
of the director under division (C) of section 3718.05 of the | 198 |
Revised Code, a board of health may adopt rules necessary for the | 199 |
public health providing for more stringent standards governing the | 200 |
use ofhousehold sewage treatment systems,and providing for more | 201 |
stringent standards governing installers, service providers,
or | 202 |
septage haulers than those established in rules of the public | 203 |
health council adopted under division (A) of this section. A
board | 204 |
that intends to adopt such rules shall notify the department
of | 205 |
health of the rules at least ninety days prior to the proposed | 206 |
date of adoption. The director shall approve or disapprove
any | 207 |
such proposed rule within ninety days after receiving
notice of
it | 208 |
under this division. If the director fails to approve or | 209 |
disapprove a proposed rule within ninety days after receiving | 210 |
notice of it, the proposed rule shall be deemed approved. | 211 |
(5) A list of all systems that satisfy the requirements of | 226 |
this chapter and the estimated cost of each system. In addition, | 227 |
if more than one system satisfies the requirements of this chapter | 228 |
and the rule requires a system for which the estimated cost is | 229 |
more than other systems that satisfy the requirements of this | 230 |
chapter, the report shall contain an explanation of the reasons | 231 |
why the system is required. | 232 |
Sec. 3718.03. (A) There is hereby created the
sewage | 236 |
treatment system technical advisory committee consisting of
the | 237 |
director of health or the director's designee and ten members
who | 238 |
are knowledgeable about sewage treatment systems and
technologies. | 239 |
Of the ten members, four shall be
appointed by the governor, | 240 |
three shall be appointed
by the president of the senate, and | 241 |
three shall be appointed by
the speaker of the house of | 242 |
representatives. | 243 |
(1) Of the members appointed by the governor, one shall | 244 |
represent academia, one shall be a representative of the public | 245 |
who is not employed by the state or any of its political | 246 |
subdivisions and who does not have a pecuniary interest in | 247 |
household sewage treatment systems, one shall be an engineer from | 248 |
the environmental protection agency, and one shall be selected | 249 |
from among soil scientists in the division of soil and water | 250 |
conservation in the department of natural resources. | 251 |
(3) Of the members appointed by the speaker of the house of | 258 |
representatives, one shall be a health commissioner who is a | 259 |
member of and recommended by the association of Ohio health | 260 |
commissioners, one shall represent the interests of manufacturers | 261 |
of household sewage treatment systems, and one shall be a | 262 |
sanitarian who is registered under Chapter 4736. of the Revised | 263 |
Code and who is a member of the Ohio environmental health | 264 |
association. | 265 |
Members may be reappointed. Vacancies shall be filled in the | 271 |
same manner as provided for original appointments. Any member | 272 |
appointed to fill a vacancy occurring prior to the expiration date | 273 |
of the term for which the member was appointed shall hold office | 274 |
for the remainder of that term. A member shall continue to serve | 275 |
after the expiration date of the member's term until the member's | 276 |
successor is appointed or until a period of sixty days has | 277 |
elapsed, whichever occurs first. The applicable
appointing | 278 |
authority may remove a member
from the committee for
failure to | 279 |
attend two consecutive meetings
without showing good
cause for | 280 |
the absences. | 281 |
(1) Develop with the department of health rules that | 303 |
establish standards and
guidelines for approving or disapproving a | 304 |
sewage
treatment
system or components of a system under section | 305 |
3718.04
of the
Revised Code;. The rules shall require the | 306 |
director of health to approve sewage treatment systems | 307 |
representing a range of available systems from low-cost systems to | 308 |
high-cost systems that will not create a public health nuisance | 309 |
when operated and maintained properly. In
developing the rules, | 310 |
the committee shall use scientific
peer-reviewed papers | 311 |
concerning sewage treatment systems or
components of a system and | 312 |
third-party evaluations of such systems
or components using | 313 |
accepted protocols. | 314 |
(G) The chairperson of the committee shall prepare and | 335 |
submit an annual report concerning the activities of the | 336 |
committee to the general assembly not later than ninety days after | 337 |
the end of the calendar year. The report shall discuss the number | 338 |
of applications submitted under section 3718.04 of the Revised | 339 |
Code for the approval of a new sewage treatment system or a | 340 |
component of a system, the number of such systems and components | 341 |
that were approved, any information that the committee considers | 342 |
beneficial to the general assembly, and any other information that | 343 |
the chairperson determines is beneficial to the general
assembly. | 344 |
If other members of the committee determine
that certain | 345 |
information should be included in the report, they shall submit | 346 |
the information to the
chairperson not later than thirty days | 347 |
after the end of the
calendar year. | 348 |
Sec. 3718.04. (A) A manufacturer seeking approval for the | 354 |
use of a sewage treatment system or a component of a
system in | 355 |
this state that differs in design or function from systems or | 356 |
components of systems the use of which is authorized in rules | 357 |
adopted under section 3718.02 of the Revised Code shall request an | 358 |
application form from the
department of health. The applicant | 359 |
shall complete the form and
include with it all of the information | 360 |
that is required by the department and the sewage treatment system | 361 |
technical advisory committee. The applicant
shall submit a | 362 |
completed application and all required information
to the director | 363 |
of health. | 364 |
(B) Upon receipt of an application, the director shall | 365 |
examine the application and all accompanying information to | 366 |
determine if the application is complete. If the director | 367 |
determines that the application is not complete, the director | 368 |
shall notify the applicant not later than fourteen days after | 369 |
determining that the application is not
complete, provide a | 370 |
description of the information that is missing
from the | 371 |
application, and return the application and all
accompanying | 372 |
information to the applicant. The applicant may
resubmit the | 373 |
application to the director. Not later than fourteen days after | 374 |
receipt of a complete application, the director shall notify the | 375 |
committee of the complete application and send a copy of the | 376 |
complete application and all accompanying information to the | 377 |
committee together with a request that the committee advise the | 378 |
director on the approval or disapproval of the system. | 379 |
(C) In approving or disapproving an
application, the director | 380 |
shall use the standards and guidelines established in rules | 381 |
adopted under section 3718.05 of the Revised Code
that the | 382 |
committee developed with the department for that purpose. The | 383 |
director shall not approve an application that fails
to comply | 384 |
with those standards and guidelines. If the committee advises the | 385 |
director concerning the application, the director shall consider | 386 |
the advice before approving or disapproving the application. | 387 |
However, if the committee fails to provide advice or if the | 388 |
committee fails to provide advice within a reasonable period of | 389 |
time before the director is required to approve or disapprove the | 390 |
application, the director may approve or disapprove the | 391 |
application without considering the advice of the committee. Not | 392 |
later than ninety days after receipt of a complete application, | 393 |
the director shall approve or disapprove the application in | 394 |
writing. If the director fails to approve or disapprove the | 395 |
application within that ninety-day period, the application shall | 396 |
be deemed approved. | 397 |
(D) If the director approves an application under this | 398 |
section, the director shall notify the applicant in writing. The | 399 |
director also shall notify boards of health in accordance with
the | 400 |
procedures established in rules adopted under section 3718.02
of | 401 |
the Revised Code. If the director disapproves an application
under | 402 |
this section, the director shall notify the applicant in
writing | 403 |
and provide a brief explanation for the disapproval. | 404 |
Sec. 3718.041. (A) A board of health has sole authority to | 405 |
approve sewage treatment systems or components of systems for use | 406 |
within the health
district that is governed by the board. A board | 407 |
of health shall
approve the use of sewage treatment systems or | 408 |
components of systems based on applicable
local conditions and in | 409 |
accordance with rules adopted under
division (B) of section | 410 |
3718.02 of the Revised Code. The board
shall select sewage | 411 |
treatment systems or components of systems for approved use in the | 412 |
applicable health district from those sewage treatment systems or | 413 |
components of systems, the use of which has been authorized in | 414 |
rules adopted under section 3718.02 of the Revised Code or
that | 415 |
have been approved by the director of health for use in the
state | 416 |
under section 3718.04 of the Revised Code. | 417 |
A board of health, in approving sewage treatment systems, | 418 |
shall ensure that the approved sewage treatment systems represent | 419 |
a range of available systems from low-cost systems to high-cost | 420 |
systems that will not create a public health nuisance when | 421 |
operated and maintained properly. A board of health, when | 422 |
approving the use of a sewage treatment system or component of a | 423 |
system, shall establish
soil absorption specifications and | 424 |
vertical separation distances
applicable to that sewage treatment | 425 |
system or component or component of that system taking into | 426 |
consideration applicable local conditions. | 427 |
(B) The public health council, the sewage treatment system | 428 |
technical advisory committee, and the director of health shall not | 429 |
or components of systems, the use of which has been authorized in | 430 |
rules adopted under sections 3718.02 of the Revised Code or | 431 |
establish soil absorption specifications and vertical separation | 432 |
distances for sewage treatment systems or components of such | 433 |
systems. Such specifications and
distances shall be established | 434 |
by boards of health in accordance
with division (A) of this | 435 |
section. | 436 |
(C) Review and approve or disapprove rules proposed by
boards | 444 |
of health under division (B) of section 3718.02 of the
Revised | 445 |
Code. The director shall not disapprove a proposed rule unless the | 446 |
director determines that the proposed rule conflicts with this | 447 |
chapter or rules adopted under section 3718.02 of the Revised Code | 448 |
by the public health council or fails to promote public health or | 449 |
environmental protection. If the director disapproves a proposed | 450 |
rule, the director shall provide a written explanation of the | 451 |
director's disapproval to the board of health that proposed the | 452 |
rule. | 453 |
(E) DevelopAdopt rules in accordance with Chapter 119. of | 456 |
the Revised Code that are developed with the sewage treatment | 457 |
system technical
advisory committee to establish standards and | 458 |
guidelines for use by the
director in approving or disapproving a | 459 |
sewage treatment system
under section 3718.04 of the Revised | 460 |
Code, and develop with the committee an application form
for use | 461 |
by applicants for that approval, including identification
of the | 462 |
information that must be included with the form; | 463 |
(B) Interest rates of only three and five per cent for loans | 503 |
that are made under the revolving loan program. In addition, the | 504 |
rules shall require that an eligible person who has an annual | 505 |
income equal to or less than two hundred per cent of the federal | 506 |
poverty level receive a loan with an interest rate of three per | 507 |
cent and an eligible person who has an annual income greater than | 508 |
two hundred per cent of the federal poverty level receive a loan | 509 |
with an interest rate of five per cent. | 510 |
(C) Procedures and requirements in accordance with which an | 511 |
eligible person who receives a loan may choose to have the | 512 |
repayment of the loan assessed as a part of the person's real | 513 |
property taxes. In addition, the rules shall require the director | 514 |
to certify to the applicable county auditor the amount of the | 515 |
repayment of a loan that is to be so assessed for purposes of | 516 |
placement on the general tax list and duplicate compiled in | 517 |
accordance with section 319.28 of the Revised Code. | 518 |
(D) Procedures and requirements in accordance with which a | 519 |
board of health must determine the allowable estimated cost of an | 520 |
eligible project. The rules shall require that the allowable | 521 |
estimated cost be equal to the difference between the estimated | 522 |
cost of an eligible project that complies with the rules adopted | 523 |
by the public health council under section 3718.02 of the Revised | 524 |
Code that took effect on January 1, 2007, and the estimated cost | 525 |
of an eligible project that would have complied with the rules | 526 |
adopted by the council that were in effect prior to January 1, | 527 |
2007, and were codified in Chapter 3701-29 of the Administrative | 528 |
Code. | 529 |
(E) Procedures and requirements in accordance with which a | 588 |
board of health must determine the allowable estimated cost of an | 589 |
eligible project. The rules shall require that the allowable | 590 |
estimated cost be equal to the difference in the estimated cost of | 591 |
an eligible project that complies with the rules adopted by the | 592 |
public health council under section 3718.02 of the Revised Code | 593 |
that took effect on January 1, 2007, and the estimated cost of an | 594 |
eligible project that would have complied with the rules adopted | 595 |
by the council that were in effect prior to January 1, 2007, and | 596 |
were codified in Chapter 3701-29 of the Administrative Code. | 597 |
(G) As used in this section, "federal poverty level" means | 602 |
the income level represented by the poverty guidelines as revised | 603 |
annually by the United States department of health and human | 604 |
services in accordance with section 673(2) of the "Omnibus | 605 |
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as | 606 |
amended, for a family size equal to the size of the family of the | 607 |
person whose income is being determined. | 608 |
Sec. 3718.38. (A) Notwithstanding any provision of this | 621 |
chapter or rules adopted under it to the contrary, a person who is | 622 |
notified by a board of health that the person must replace the | 623 |
person's existing household sewage treatment system with a new | 624 |
household sewage treatment system for the purpose of complying | 625 |
with the rules adopted under section 3718.02 of the Revised Code | 626 |
may request the board of health instead to prescribe and authorize | 627 |
a temporary improvement of the existing system if the person is or | 628 |
has been notified by a state agency or a political subdivision | 629 |
that the person will be required to connect the person's premises | 630 |
to a sewerage system, as defined in section 6111.01 of the Revised | 631 |
Code, within ten years after receipt of the connection notice. | 632 |
(B) If a board of health receives a request from a person who | 633 |
meets the requirements established in division (A) of this | 634 |
section, the board shall prescribe a temporary improvement of the | 635 |
person's existing household sewage treatment system. The cost of | 636 |
the temporary improvement shall not exceed fifteen per cent of the | 637 |
person's estimated cost to install a new household sewage | 638 |
treatment system that complies with the rules adopted under | 639 |
section 3718.02 of the Revised Code. | 640 |
Section 6. The purpose of Section 5 of this act is to provide | 652 |
for reinstating the operation of sections 3718.02, 3718.05, | 653 |
3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 | 654 |
of the Revised Code on the effective date of this act rather than | 655 |
on July 1, 2009, as provided in Section 120.01 of Am. Sub. H.B. | 656 |
119 of the 127th General Assembly. | 657 |
Section 9. Not later than thirty days after the effective | 666 |
date of this act, the Director of Budget and Management shall | 667 |
transfer $5,000,000 cash for fiscal year 2010, and $5,000,000 cash | 668 |
for fiscal year 2011, from the General Revenue Fund to the | 669 |
Household Sewage Treatment System Grant Fund (Fund 5EZ0) created | 670 |
in
section 3718.35 of the Revised Code, as enacted by this act. | 671 |
Any
moneys transferred are hereby appropriated. | 672 |
Section 10. On and after the effective date of this act, a | 673 |
board of health shall not require the rehabilitation, renovation, | 674 |
improvement, or replacement of a household sewage treatment system | 675 |
that is in existence on the effective date of this act pursuant to | 676 |
rules adopted by the Public Health Council under section 3718.02 | 677 |
of the Revised Code until the effective date of the rules that are | 678 |
required to be adopted under sections 3718.32 and 3718.36 of the | 679 |
Revised Code, as enacted by this act. | 680 |
Section 11. It is the intent of the General Assembly in | 681 |
amending section 3718.02 of the Revised Code by this act that | 682 |
rules adopted by the Public Health Council related to the siting, | 683 |
design, installation, operation, monitoring, maintenance, and | 684 |
abandonment of household sewage treatment systems shall not have a | 685 |
substantial negative impact on the public's ability to finance or | 686 |
purchase housing. It is also the intent of the General Assembly | 687 |
that during the rule development and adoption processes for those | 688 |
rules, the Public Health Council shall equally consider the | 689 |
financial impact that the rules may have on the citizens of this | 690 |
state and the businesses located in it and the environmental | 691 |
concerns that the rules are intended to address. Further, it is | 692 |
the intent of the General Assembly that the rules adopted under | 693 |
section 3718.02 of the Revised Code shall advance the availability | 694 |
of new or progressive sewage treatment system technology for the | 695 |
citizens of this state. | 696 |
Section 12. This act is hereby declared to be an emergency | 697 |
measure necessary for the immediate preservation of the public | 698 |
peace, health, and safety. The reason for such necessity is that | 699 |
provisions of law governing sewage treatment systems that were | 700 |
suspended by the enactment of Am. Sub. H.B. 119 of the 127th | 701 |
General Assembly are scheduled to be reinstated on July 1, 2009, | 702 |
and this act is necessary to revise the law governing sewage | 703 |
treatment systems prior to that date. Therefore, this act shall go | 704 |
into immediate effect. | 705 |