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| To amend sections 6109.24, 6109.31, and 6109.32 and | 1 |
| to enact section 6109.99 of the Revised Code to | 2 |
| require certain public water systems to conduct | 3 |
| evaluations of their operating processes and | 4 |
| correct deficiencies in those processes and to add | 5 |
| prohibitions and penalties to the Safe Drinking | 6 |
| Water Law. | 7 |
| Section 1. That sections 6109.24, 6109.31, and 6109.32 be | 8 |
| amended and section 6109.99 of the Revised Code be enacted to read | 9 |
| as follows: | 10 |
| Sec. 6109.24. (A) A public water system that is a community | 11 |
| water system, or that is not a community water system and serves a | 12 |
| nontransient population, and that proposes to commence providing | 13 |
| water to the public after October 1, 1999, shall include with the | 14 |
| submission of plans required under section 6109.07 of the Revised | 15 |
| Code documentation that demonstrates the technical, managerial, | 16 |
| and financial capability of the system to comply with this chapter | 17 |
| and rules adopted under it. The director of environmental | 18 |
| protection shall adopt, and may amend and rescind, rules pursuant | 19 |
| to section 6109.04 of the Revised Code establishing requirements | 20 |
| governing the demonstration of technical, managerial, and | 21 |
| financial capability for the purposes of this section. | 22 |
| (B)(1) With respect to a public water system that existed | 23 |
| prior to October 1, 1999, and that is a community water system, or | 24 |
| that is not a community water system and serves a nontransient | 25 |
| population, the director may adopt rules pursuant to section | 26 |
| 6109.04 of the Revised Code requiring the system to do both of the | 27 |
| following if either division (B)(2)(a) or (b) of this section | 28 |
| applies: | 29 |
| (a) Complete an evaluation of the technical, managerial, and | 30 |
| financial capability of the public water system; | 31 |
| (b) Correct deficiencies identified in the evaluation. | 32 |
| (2) The rules adopted under division (B)(1) of this section | 33 |
| shall require the public water system to conduct the evaluation | 34 |
| and correct the deficiencies identified in the evaluation if | 35 |
| either of the following applies: | 36 |
| (a) The system has demonstrated a lack of technical, | 37 |
| managerial, or financial capability through noncompliance with | 38 |
| this chapter and the rules adopted under it. | 39 |
| (b) The system has failed to correct significant deficiencies | 40 |
| identified in a sanitary survey. | 41 |
| (C) The director may deny approval of plans submitted under | 42 |
| section 6109.07 of the Revised Code if the public water system | 43 |
| that submitted the plans fails to demonstrate technical, | 44 |
| managerial, and financial capability in accordance with this | 45 |
| section and rules adopted under it. | 46 |
| Sec. 6109.31. (A) No person shall violate this chapter, an | 47 |
| rule adopted under it, or any order or term or condition of a | 48 |
| license, license renewal, variance, or exemption granted by the | 49 |
| director of environmental protection under it. Each day of | 50 |
| noncompliance is a separate violation. | 51 |
| (B) No person shall make any false material statement or | 52 |
| representation in an application, license, record, report, or | 53 |
| other document that is required to be submitted to the director of | 54 |
| environmental protection or the attorney general under this | 55 |
| chapter, rules adopted under it, or any order or term or condition | 56 |
| of a license, license renewal, variance, or exemption granted by | 57 |
| the director under it. | 58 |
| (C) No person shall alter, change, falsify, or conceal any | 59 |
| sample that is collected according to any sampling requirement | 60 |
| established under this chapter or a rule adopted under it. | 61 |
| (D) No person shall tamper with, alter, or interfere with the | 62 |
| operation of a public water system without authorization of the | 63 |
| owner or operator of the water system or the director of | 64 |
| environmental protection. | 65 |
| Sec. 6109.32. The director of environmental protection may | 66 |
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on | 67 |
| into any suspected violation of section 6109.31 of the Revised | 68 |
| Code. | 69 |
| The attorney general, upon written request by the director, | 70 |
| shall bring an action for injunction or other appropriate civil | 71 |
| action or criminal prosecution against any person violating or | 72 |
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threatening to violate | 73 |
| injunction to enforce any final order of the director, the finding | 74 |
| by the director, after hearing, is prima-facie evidence of the | 75 |
| facts found therein. | 76 |
| Sec. 6109.99. (A) Whoever recklessly violates section | 77 |
| 6109.31 of the Revised Code is guilty of a misdemeanor and shall | 78 |
| be fined not more than twenty-five thousand dollars or imprisoned | 79 |
| not more than one year, or both. Each day of violation constitutes | 80 |
| a separate offense. | 81 |
| (B) Whoever knowingly violates section 6109.31 of the Revised | 82 |
| Code is guilty of a felony and shall be fined at least ten | 83 |
| thousand dollars, but not more than twenty-five thousand dollars | 84 |
| or imprisoned for at least two years, but not more than four | 85 |
| years, or both. Each day of violation constitutes a separate | 86 |
| offense. | 87 |
| Section 2. That existing sections 6109.24, 6109.31, and | 88 |
| 6109.32 of the Revised Code are hereby repealed. | 89 |