As Reported by the Committee of Conference

128th General Assembly Regular Session 2009-2010

Am. Sub. S. B. No. 110

Senator Niehaus 

Cosponsors: Senators Cafaro, Fedor, Harris, Kearney, Sawyer, Schaffer, Schiavoni, Seitz, Turner, Miller, D., Strahorn, Smith, Miller, R., Morano 

Representatives Bubp, Chandler, DeBose, Domenick, Garland, Hagan, Harwood, Letson, Luckie, Mallory, Reece, Uecker, Walter, Weddington, Williams, B., Winburn, Yuko 

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A BILL

To amend sections 711.05, 711.10, 3718.01, 3718.02,

1

3718.03, 3718.04, 3718.05, 3718.06, and 3718.09

2

and to enact sections 3718.011, 3718.012,

3

3718.023, 3718.024, 3718.025, 3718.041, and

4

3718.11 of the Revised Code to revise the

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Household Sewage and Small Flow On-Site Sewage

6

Treatment Systems Law, and to amend Section 3 of

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Am. H.B. 416 of the 127th General Assembly to

8

extend the date by which the report of the Great

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Lakes-St. Lawrence River Basin Water Resources

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Compact Advisory Board is due.

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

Section 1.  That sections 711.05, 711.10, 3718.01, 3718.02,	12
3718.03, 3718.04, 3718.05, 3718.06, and 3718.09 be amended and	13
sections 3718.011, 3718.012, 3718.023, 3718.024, 3718.025,	14
3718.041, and 3718.11 of the Revised Code be enacted to read as	15
follows:	16

Sec. 711.05.  (A) Upon the submission of a plat for approval,	17
in accordance with section 711.041 of the Revised Code, the board	18
of county commissioners shall certify on it the date of the	19
submission. Within five days of submission of the plat, the board	20
shall schedule a meeting to consider the plat and send a written	21
notice by regular mail to the fiscal officer of the board of	22
township trustees of the township in which the plat is located and	23
the board of health of the health district in which the plat is	24
located. The notice shall inform the trustees and the board of	25
health of the submission of the plat and of the date, time, and	26
location of any meeting at which the board of county commissioners	27
will consider or act upon the proposed plat. The meeting shall	28
take place within thirty days of submission of the plat, and no	29
meeting shall be held until at least seven days have passed from	30
the date the notice was sent by the board of county commissioners.	31
The approval of the board required by section 711.041 of the	32
Revised Code or the refusal to approve shall take place within	33
thirty days from the date of submission or such further time as	34
the applying party may agree to in writing; otherwise, the plat is	35
deemed approved and may be recorded as if bearing such approval.	36

(B) The board may adopt general rules governing plats and	37
subdivisions of land falling within its jurisdiction, to secure	38
and provide for the coordination of the streets within the	39
subdivision with existing streets and roads or with existing	40
county highways, for the proper amount of open spaces for traffic,	41
circulation, and utilities, and for the avoidance of future	42
congestion of population detrimental to the public health, safety,	43
or welfare, but shall not impose a greater minimum lot area than	44
forty-eight hundred square feet. Before the board may amend or	45
adopt rules, it shall notify all the townships in the county of	46
the proposed amendments or rules by regular mail at least thirty	47
days before the public meeting at which the proposed amendments or	48
rules are to be considered.	49

The rules may require the board of health to review and	50
comment on a plat before the board of county commissioners acts	51
upon it and may also require proof of compliance with any	52
applicable zoning resolutions, and with household sewage treatment	53
rules adopted under section 3718.02 of the Revised Code, as a	54
basis for approval of a plat. Where under section 711.101 of the	55
Revised Code the board of county commissioners has set up	56
standards and specifications for the construction of streets,	57
utilities, and other improvements for common use, the general	58
rules may require the submission of appropriate plans and	59
specifications for approval. The board shall not require the	60
person submitting the plat to alter the plat or any part of it as	61
a condition for approval, as long as the plat is in accordance	62
with general rules governing plats and subdivisions of land,	63
adopted by the board as provided in this section, in effect at the	64
time the plat was submitted and the plat is in accordance with any	65
standards and specifications set up under section 711.101 of the	66
Revised Code, in effect at the time the plat was submitted.	67

(C) The ground of refusal to approve any plat, submitted in	68
accordance with section 711.041 of the Revised Code, shall be	69
stated upon the record of the board, and, within sixty days	70
thereafter, the person submitting any plat that the board refuses	71
to approve may file a petition in the court of common pleas of the	72
county in which the land described in the plat is situated to	73
review the action of the board. A board of township trustees is	74
not entitled to appeal a decision of the board of county	75
commissioners under this section.	76

Sec. 711.10. (A) Whenever a county planning commission or a	77
regional planning commission adopts a plan for the major streets	78
or highways of the county or region, no plat of a subdivision of	79
land within the county or region, other than land within a	80
municipal corporation or land within three miles of a city or one	81
and one-half miles of a village as provided in section 711.09 of	82
the Revised Code, shall be recorded until it is approved by the	83
county or regional planning commission under division (C) of this	84
section and the approval is endorsed in writing on the plat.	85

(B) A county or regional planning commission may require the	86
submission of a preliminary plan for each plat sought to be	87
recorded. If the commission requires this submission, it shall	88
provide for a review process for the preliminary plan. Under this	89
review process, the planning commission shall give its approval,	90
its approval with conditions, or its disapproval of each	91
preliminary plan. The commission's decision shall be in writing,	92
shall be under the signature of the secretary of the commission,	93
and shall be issued within thirty-five business days after the	94
submission of the preliminary plan to the commission. The	95
disapproval of a preliminary plan shall state the reasons for the	96
disapproval. A decision of the commission under this division is	97
preliminary to and separate from the commission's decision to	98
approve, conditionally approve, or refuse to approve a plat under	99
division (C) of this section.	100

(C) Within five calendar days after the submission of a plat	101
for approval under this division, the county or regional planning	102
commission shall schedule a meeting to consider the plat and send	103
a notice by regular mail or by electronic mail to the fiscal	104
officer of the board of township trustees of the township in which	105
the plat is located and the board of health of the health district	106
in which the plat is located. The notice shall inform the trustees	107
and the board of health of the submission of the plat and of the	108
date, time, and location of any meeting at which the county or	109
regional planning commission will consider or act upon the plat.	110
The meeting shall take place within thirty calendar days after	111
submission of the plat, and no meeting shall be held until at	112
least seven calendar days have passed from the date the planning	113
commission sent the notice.	114

The approval of the county or regional planning commission,	115
the commission's conditional approval as described in this	116
division, or the refusal of the commission to approve shall be	117
endorsed on the plat within thirty calendar days after the	118
submission of the plat for approval under this division or within	119
such further time as the applying party may agree to in writing;	120
otherwise that plat is deemed approved, and the certificate of the	121
commission as to the date of the submission of the plat for	122
approval under this division and the failure to take action on it	123
within that time shall be sufficient in lieu of the written	124
endorsement or evidence of approval required by this division.	125

A county or regional planning commission may grant	126
conditional approval under this division to a plat by requiring a	127
person submitting the plat to alter the plat or any part of it,	128
within a specified period after the end of the thirty calendar	129
days, as a condition for final approval under this division. Once	130
all the conditions have been met within the specified period, the	131
commission shall cause its final approval under this division to	132
be endorsed on the plat. No plat shall be recorded until it is	133
endorsed with the commission's final or unconditional approval	134
under this division.	135

The ground of refusal of approval of any plat submitted under	136
this division, including citation of or reference to the rule	137
violated by the plat, shall be stated upon the record of the	138
county or regional planning commission. Within sixty calendar days	139
after the refusal under this division, the person submitting any	140
plat that the commission refuses to approve under this division	141
may file a petition in the court of common pleas of the proper	142
county, and the proceedings on the petition shall be governed by	143
section 711.09 of the Revised Code as in the case of the refusal	144
of a planning authority to approve a plat. A board of township	145
trustees is not entitled to appeal a decision of the commission	146
under this division.	147

A county or regional planning commission shall adopt general	148
rules, of uniform application, governing plats and subdivisions of	149
land falling within its jurisdiction, to secure and provide for	150
the proper arrangement of streets or other highways in relation to	151
existing or planned streets or highways or to the county or	152
regional plan, for adequate and convenient open spaces for	153
traffic, utilities, access of firefighting apparatus, recreation,	154
light, and air, and for the avoidance of congestion of population.	155
The rules may provide for their modification by the commission in	156
specific cases where unusual topographical and other exceptional	157
conditions require the modification. The rules may require the	158
board of health to review and comment on a plat before the	159
commission acts upon it and also may require proof of compliance	160
with any applicable zoning resolutions, and with household sewage	161
treatment rules adopted under section 3718.02 of the Revised Code,	162
as a basis for approval of a plat.	163

Before adoption of its rules or amendment of its rules, the	164
commission shall hold a public hearing on the adoption or	165
amendment. Notice of the public hearing shall be sent to all	166
townships in the county or region by regular mail or electronic	167
mail at least thirty business days before the hearing. No county	168
or regional planning commission shall adopt any rules requiring	169
actual construction of streets or other improvements or facilities	170
or assurance of that construction as a condition precedent to the	171
approval of a plat of a subdivision unless the requirements have	172
first been adopted by the board of county commissioners after a	173
public hearing. A copy of the rules shall be certified by the	174
planning commission to the county recorders of the appropriate	175
counties.	176

After a county or regional street or highway plan has been	177
adopted as provided in this section, the approval of plats and	178
subdivisions provided for in this section shall be in lieu of any	179
approvals provided for in other sections of the Revised Code,	180
insofar as the territory within the approving jurisdiction of the	181
county or regional planning commission, as provided in this	182
section, is concerned. Approval of a plat shall not be an	183
acceptance by the public of the dedication of any street, highway,	184
or other way or open space shown upon the plat.	185

No county or regional planning commission shall require a	186
person submitting a plat to alter the plat or any part of it as	187
long as the plat is in accordance with the general rules governing	188
plats and subdivisions of land, adopted by the commission as	189
provided in this section, in effect at the time the plat is	190
submitted.	191

A county or regional planning commission and a city or	192
village planning commission, or platting commissioner or	193
legislative authority of a village, with subdivision regulation	194
jurisdiction over unincorporated territory within the county or	195
region may cooperate and agree by written agreement that the	196
approval of a plat by the city or village planning commission, or	197
platting commissioner or legislative authority of a village, as	198
provided in section 711.09 of the Revised Code, shall be	199
conditioned upon receiving advice from or approval by the county	200
or regional planning commission.	201

(D) As used in this section, "business day" means a day of	202
the week excluding Saturday, Sunday, or a legal holiday as defined	203
in section 1.14 of the Revised Code.	204

Sec. 3718.01. As used in this chapter:

205

(A) "Alter" means to change by making substantive	206
replacements of, additions to, or deletions in the design or	207
materials or to change the location of an existing sewage	208
treatment system.	209

(B) "Bedrock" means hard stratum that underlies	210
unconsolidated surface materials or soil.	211

(C) "Board of health" means the board of health of a city or	212
general health district or the authority having the duties of a	213
board of health in any city as authorized by section 3709.05 of	214
the Revised Code.	215

(C)(D) "Domestic septage" means the liquid or solid material	216
removed from a sewage treatment system, portable toilet, or type	217
III marine sanitation device as defined in 33 C.F.R. 159.3.	218
"Domestic septage" does not include grease removed from a grease	219
trap.	220

(D)(E) "Gray water recycling systems" means systems that	221
treat and reuse wastewater discharged from lavatories, bathtubs,	222
showers, clothes washers, and laundry sinks that does not contain	223
food wastes or bodily wastes.	224

(F) "Household sewage treatment system" means any sewage	225
treatment system, or part of such a system, that receives sewage	226
from a single-family, two-family, or three-family dwelling.	227

(E)(G) "Infiltrative surface" means the point or area of	228
application of treated or partially treated sewage to the soil or	229
sand fill for purposes of treatment, dispersal, or both.	230

(H) "Inspection" means the on-site evaluation or analysis of	231
the functioningdesign, installation, and operation of a sewage	232
treatment system.	233

(F)(I) "Installer" means any person who engages in the	234
business of installing or altering or who, as an employee of	235
another, installs or alters any sewage treatment system.	236

(G)(J) "Limiting condition" means a restrictive soil layer,	237
bedrock, a water table, or ground water that limits or precludes	238
the treatment or dispersal of sewage in the soil of a property	239
where a household sewage treatment system is located.	240

(K) "Manufacturer" means any person that manufactures sewage	241
treatment systems or components of systems.	242

(H)(L) "Person" has the same meaning as in section 1.59 of	243
the Revised Code and also includes any state, any political	244
subdivision of a state, and any department, division, board,	245
commission, agency, or instrumentality of a state or political	246
subdivision.	247

(I)(M) "Sanitary sewerage system" means pipelines or	248
conduits, pumping stations, force mains, and all other	249
constructions, devices, appurtenances, and facilities that convey	250
sewage to a central sewage treatment plant and that are required	251
to obtain a permit under Chapter 6111. of the Revised Code.	252

(J)(N) "Septage hauler" means any person who engages in the	253
collection, transportation, disposal, and land application of	254
domestic septage.	255

(K)(O) "Service provider" means any person who services, but	256
does not install or alter, sewage treatment systems.	257

(L)(P) "Sewage" means liquid waste containing animal or	258
vegetable matter in suspension or solution that originates from	259
humans and human activities. "Sewage" includes liquids containing	260
household chemicals in solution commonly discharged from a	261
residence or from commercial, institutional, or other similar	262
facilities.	263

(M)(Q) "Sewage treatment system" means a household sewage	264
treatment system, a small flow on-site sewage treatment system, or	265
both, as applicable.	266

(N)(R) "Small flow on-site sewage treatment system" means a	267
system, other than a household sewage treatment system, that	268
treats not more than one thousand gallons of sewage per day and	269
that does not require a national pollutant discharge elimination	270
system permit issued under section 6111.03 of the Revised Code or	271
an injection well drilling or operating permit issued under	272
section 6111.043 of the Revised Code.	273

(S) "Soil" means the naturally occurring pedogenically	274
developed and undeveloped regolith overlying bedrock.	275

(T) "Vertical separation distance" means the distance of the	276
infiltrative surface of the distribution system of a soil	277
absorption system, or component thereof, to a limiting condition	278
in the soil.	279

(U) "Water table" means the surface of the saturated zone	280
below which all interconnected voids are filled with water and at	281
which the pressure is atmospheric.	282

Sec. 3718.011. (A) For purposes of this chapter, a sewage	283
treatment system is causing a public health nuisance if any of the	284
following situations occurs and, after notice by a board of health	285
to the applicable property owner, timely repairs are not made to	286
that system to eliminate the situation:	287

(1) The sewage treatment system is not operating properly due	288
to a missing component, incorrect settings, or a mechanical or	289
electrical failure.	290

(2) There is a blockage in a known sewage treatment system	291
component or pipe that causes a backup of sewage or effluent	292
affecting the treatment process or inhibiting proper plumbing	293
drainage.	294

(3) An inspection conducted by, or under the supervision of,	295
the environmental protection agency or a sanitarian registered	296
under Chapter 4736. of the Revised Code documents that there is	297
ponding of liquid or bleeding of liquid onto the surface of the	298
ground or into surface water and the liquid has a distinct sewage	299
odor, a black or gray coloration, or the presence of organic	300
matter and any of the following:	301

(a) The presence of sewage effluent identified through a dye	302
test;	303

(b) The presence of fecal coliform at a level that is equal	304
to or greater than five thousand colonies per one hundred	305
milliliters of liquid as determined in two or more samples of the	306
liquid when five or fewer samples are collected or in more than	307
twenty per cent of the samples when more than five samples of the	308
liquid are collected;	309

(c) Water samples that exceed one thousand thirty e. coli	310
counts per one hundred milliliters in two or more samples when	311
five or fewer samples are collected or in more than twenty per	312
cent of the samples when more than five samples are collected.	313

(4) With respect to a discharging system for which an NPDES	314
permit has been issued under Chapter 6111. of the Revised Code and	315
rules adopted under it, the system routinely exceeds the effluent	316
discharge limitations specified in the permit.	317

(B) With respect to divisions (A)(1) and (2) of this section,	318
a property owner may request a test to be conducted by a board of	319
health to verify that the sewage treatment system is causing a	320
public health nuisance. The property owner is responsible for the	321
costs of the test.	322

Sec. 3718.012.  A sewage treatment system that was in	323
operation prior to the effective date of this section shall not be	324
required to be replaced with a new sewage treatment system under	325
this chapter or rules adopted under it and shall be deemed	326
approved if the system does not cause a public health nuisance or,	327
if the system is causing a public health nuisance as provided in	328
section 3718.011 of the Revised Code, repairs are made to the	329
system that eliminate the public health nuisance as determined by	330
the applicable board of health.	331

Sec. 3718.02. (A) Not later than one year after the effective	332
date of this section, theThe public health council, in accordance	333
with Chapter 119. of the Revised Code, shall adopt, and	334
subsequently may amend and rescind, rules of general application	335
throughout the state to administer this chapter. Rules adopted	336
under division (A) of this section shall do at least all of the	337
following:	338

(1) Require that the appropriate board of health approve or	339
disapprove the useinstallation, operation, and alteration of a	340
sewage treatment system if it is not connected to a sanitary	341
sewerage system;	342

(2) Require that a board of health, or other person as	343
established by rule, to conduct a site evaluation for any proposed	344
installation of a sewage treatment system;	345

(3) Prescribe standards for the siting, design, installation,	346
operation, monitoring, maintenance, and abandonment of household	347
sewage treatment systems that may be used in this state and for	348
the progressive or incremental alteration or repair of an existing	349
sewage treatment system or the progressive or incremental	350
installation of a new system to replace an existing sewage	351
treatment system. The rules shall be adopted so as to establish a	352
preference for the repair of an existing sewage treatment system,	353
when technically and economically feasible, rather than its	354
replacement with a new system. The standards shall include at a	355
minimum all of the following:	356

(a) Soil absorption specifications;and vertical separation	357
distances.	358

(i) Soil absorption specifications established in rules shall	359
include standards regarding the sizing of sewage treatment systems	360
in use in the state.	361

(ii) In establishing soil absorption specifications and	362
vertical separation distances, the rules shall identify those soil	363
conditions that present a low or moderate risk of inadequate	364
treatment or dispersal of sewage from sewage treatment systems.	365
For low and moderate risk conditions, the required vertical	366
separation distance shall not exceed eighteen inches except as	367
authorized pursuant to rules adopted under divisions	368
(A)(3)(a)(iii) and (iv) of this section.	369

In addition, the rules shall identify those soil conditions	370
that present a high risk of inadequate treatment or dispersal of	371
sewage. For such high risk conditions, the vertical separation	372
distance shall be set at a depth from twenty-four to thirty-six	373
inches and shall not be lowered unless a reduction of vertical	374
separation is granted in accordance with rules adopted under	375
division (A)(3)(a)(iii) of this section.	376

(iii) The rules shall establish options to be utilized by a	377
board of health when approving the reductions of or compliance	378
with vertical separation distances that are established in rules	379
adopted under division (A)(3)(a)(ii) of this section. The options	380
for a board of health in providing such approval shall include,	381
but not be limited to: the use where deemed appropriate for a	382
particular site of subsurface interceptor drains, perimeter	383
drains, or engineered drainage; pretreatment of sewage; or soil	384
elevation.	385

(iv) The rules shall provide that a board of health may	386
petition the director to increase the vertical separation	387
distances required for sewage treatment systems in the applicable	388
health district or a portion of the district when conditions	389
present a high risk of inadequate treatment or dispersal of	390
sewage. The rules also shall provide that the director may approve	391
such a request upon a demonstration by the board of health that	392
unusual or unique local conditions relating to terrain, bedrock,	393
water table, soil fragments, or soil textures require the	394
establishment of greater vertical separation distances within the	395
jurisdiction of the board of health or a portion thereof. If,	396
under the rules, the director of health approves a greater	397
vertical separation distance, a board of health still may approve	398
a reduction of that vertical separation distance for an individual	399
sewage treatment system pursuant to rules adopted under division	400
(A)(3)(a)(iii) of this section. Further, if, under the rules, the	401
director approves a greater vertical separation distance, a person	402
who is denied permission by a board of health to install or	403
replace a sewage treatment system as a result of the director's	404
approval may request a hearing in accordance with section 3718.11	405
of the Revised Code.	406

(b) Specifications for discharging systems that do not	407
conflict with provisions related tothe quality of treated sewage	408
effluent from household sewage treatment systems that is applied	409
to soil on the property where a household sewage treatment system	410
is located. The specifications established in the rules for the	411
quality of effluent from discharging systems shall comply with	412
discharge requirements imposed by the national pollutant discharge	413
elimination system permit program established inunder section	414
6111.03 of the Revised Code and rules adopted under it;.	415

(c) Requirements for the reasonable maintenance of a system	416
according to the manufacturer's instructions, if available;	417

(d) Requirements and procedures under which a person may	418
demonstrate the required maintenance of a system in lieu of having	419
an inspection conducted when an inspection otherwise is required.	420

The rules also shall require that a system that has been or	421
is sited or installed prior to or on the effective date of the	422
rules and that is operating on that date shall be deemed approved	423
unless the system is declared to be a public health nuisance by a	424
board of healthmaintenance requirements approved by the director	425
of health as recommended by the sewage treatment system technical	426
advisory committee or according to accepted standards and	427
practices established in rules, as applicable. The requirements	428
may include standards for service contracts or other arrangements	429
that assure regular maintenance and upkeep of the system. In	430
determining the reasonableness of a maintenance requirement, the	431
director shall consider a manufacturer's maintenance requirements	432
as well as all other maintenance alternatives.	433

(4) Prescribe procedures for notification to boards of health	434
of the approval of a sewage treatment system or components of a	435
system by the director of health under section 3718.04 of the	436
Revised Code;	437

(5) Prescribe criteria and procedures under which boards of	438
health shall issue installation andpermits, operation permits,	439
and alteration permits for sewage treatment systems. The rules	440
shall require as a condition of an installation permit that the	441
installer of a system must warrant that the system was installed	442
in accordance with all applicable rules and design requirements.	443
In addition, the rules shall require a board of health, not later	444
than sixty days after the issuance of an installation, operation,	445
or alteration permit, to certify tonotify the director on a form	446
provided by the director that the permit was issued. The rules	447
shall require the notification to be in a format prescribed by the	448
director and to include information related to the issuance of the	449
permit. With the assistance of the department of health, a board	450
of health, to the extent practicable, shall computerize the	451
process of the issuance of permits for sewage treatment systems.	452

(6) Require a board of health to inspect a sewage treatment	453
system not later than eighteentwelve months after its	454
installation to ensure that the system is operating properly. The	455
rules shall require a board of health, not later than sixty days	456
after the inspection, to certify to the director on a form	457
provided by the director that the inspection was performed.	458

(7) Require each board of health to develop a program for the	459
administration of maintenance requirements established in rules	460
adopted under division (A)(3)(c) of this section. The rules shall	461
include requirements and procedures under which a person may	462
demonstrate the required maintenance of a system in lieu of having	463
an inspection conducted when an inspection otherwise is required.	464
The rules shall require a board of health to provide written	465
notice to a person that is demonstrating maintenance of a system	466
in lieu of an inspection that if proof of the required maintenance	467
of the system is not provided as required by rules, the system is	468
subject to inspection by the board and the reasonable cost of the	469
inspection must be paid by the person. The rules shall authorize a	470
board of health to inspect any sewage treatment system if there is	471
a good-faith complaint regarding the system, there is probable	472
cause for the inspection, or proof of the required maintenance of	473
the system has not been provided as required by rules. In	474
addition, the rules shall authorize a board of health to inspect a	475
sewage treatment system without prior notice in any instance in	476
which the board has probable cause to believe that the system is	477
endangering or threatening to endanger public health. The rules	478
shall require that the reasonable costs for sewage effluent	479
testing or evaluation be paid by the owner of a sewage treatment	480
system that is being investigated. Further, the rules shall	481
establish a methodology for determining the reasonable costs of an	482
inspection in accordance with section 3709.09 of the Revised Code.	483
The rules shall allow, but shall not require, a board of health to	484
continue an inspection program that was established by the board	485
prior to the effective date of the rules, provided that the	486
program authorizes a person to demonstrate the required	487
maintenance of a system in lieu of an inspection.	488

(8) Require a board of health to register installers, service	489
providers, and septage haulers that perform work within the health	490
district; prescribe criteria and procedures for the registration;	491
and prescribe criteria for a demonstration of competency as a part	492
of the registration;. The rules shall establish uniform statewide	493
bonding requirements or other financial security requirements for	494
installers, service providers, and septage haulers as a condition	495
of registration within any health district. The rules shall	496
establish a methodology by which the required amount of a bond or	497
other security may be calculated for each installer, service	498
provider, and septage hauler. The methodology, at a minimum, shall	499
consider the number of systems installed or serviced and the type	500
of system installed or serviced by an installer, service provider,	501
or septage hauler on an annual basis. The rules shall provide that	502
no board of health shall require an additional or different bond	503
or security requirement as a condition of registration beyond the	504
bonding and security requirements established in the rules adopted	505
under division (A)(8) of this section.	506

The rules shall establish a cost methodology for determining	507
the fee for the registration of an installer, service provider, or	508
septage hauler in any health district.	509

(8)(9) Prescribe requirements for the collection,	510
transportation, disposal, and land application of domestic septage	511
in this state from a sewage treatment system;	512

(9)(10) Require boards of health to maintain records that are	513
determined necessary to ascertain compliance with this chapter and	514
the rules adopted under it;	515

(10)(11) Require a board of health and the manufacturer of a	516
sewage treatment system, when possible,that is authorized for use	517
in this state in rules adopted under this section or that is	518
approved for use in this state under section 3718.04 of the	519
Revised Code to provide instructions for the operation and	520
maintenance of the system. The rules shall authorize the	521
instructions to be posted on the department of health's web site	522
and the manufacturer's web siteprovide that a board of health	523
may require a copy of a manufacturer's instructions for the	524
operation and maintenance of a system to be filed with the board	525
prior to the installation and use of the system in the health	526
district in which the board has jurisdiction. In addition, the	527
rules shall require a board of health and a manufacturer to	528
provide a copy of the operation and maintenance instructions, if	529
available, when a board of health or a manufacturer receives a	530
written request for instructions.	531

(11)(12) Prescribe criteria for the provision of written	532
evidence of compliance with rules pertaining to household sewage	533
treatment for purposes of sections 711.05 and 711.10 of the	534
Revised Code;	535

(12)(13) Pursuant to divisions (A)(1) and (3) of this	536
section, prescribe standards for the siting, design, installation,	537
operation, monitoring, maintenance, and abandonment of small flow	538
on-site sewage treatment systems that may be used in this state;	539

(14) Prescribe minimum criteria and procedures under which	540
boards of health may establish household sewage treatment district	541
management programs for the purpose of providing a responsive	542
approach toward preventing or solving sewage treatment problems	543
resulting from household sewage treatment systems within the	544
districts established under the program. For purposes of division	545
(A)(12)(14) of this section, a board of health may enter into a	546
contract with any entity to administer a household sewage	547
treatment district management program.	548

(13) Prescribe standards for the siting, design,	549
installation, operation, monitoring, maintenance, and abandonment	550
of small flow on-site sewage treatment systems that may be used in	551
this state.	552

(15) Prescribe standards for the use of subsurface	553
interceptor drains, perimeter drains, and engineered drainage to	554
remove or divert any subsurface water from an area to be used for	555
soil absorption of sewage in the soil of a sewage treatment	556
system;	557

(16) Prescribe standards for the inspection of septage	558
hauling truck tanks by boards of health, including, but not	559
limited to, tank seal safety specifications;	560

(17) Establish standards and testing methods to ensure that	561
all septic tanks, other disposal component tanks, dosing tanks,	562
pump vaults, household sewage treatment disposal system holding	563
tanks and privy vaults, or other applicable sewage disposal system	564
components manufactured after the effective date of this section	565
and used in this state are watertight and structurally sound;	566

(18) Require a board of health to give notice and an	567
opportunity for a hearing, pursuant to section 3718.11 of the	568
Revised Code, to an affected property owner regarding any of the	569
following:	570

(a) The denial of an installation, operation, or alteration	571
permit for a sewage treatment system;	572

(b) The imposition of a condition on the installation of a	573
sewage treatment system;	574

(c) The required replacement of a sewage treatment system;

575

(d) Any other final order or decision of a board of health	576
that is made under this chapter concerning which a property owner	577
is claiming to be aggrieved or adversely affected.	578

The rules also shall establish procedures for giving such	579
notice and for conducting the hearing required in rules adopted	580
under division (A)(18) of this section.	581

(19) Prescribe standards for the regulation of gray water	582
recycling systems;	583

(20) Prohibit a sewage treatment system from causing a public	584
health nuisance;	585

(21) Define economic impact for purposes of division (B) of	586
this section and section 3718.022 of the Revised Code.	587

The council may adopt other rules under division (A) of this	588
section that it determines are necessary to implement this chapter	589
and to protect the public health and welfare.	590

At least sixty days prior to adopting a rule under division	591
(A) of this section, the council shall provide boards of health	592
and any other interested parties an opportunity to comment on the	593
rule.	594

(B)(1) In accordance with section 3709.20 or 3709.21 of the	595
Revised Code, as applicable, and subject to review by and approval	596
of the director under division (C) of section 3718.05 of the	597
Revised Code, a board of health may adopt rules necessary for the	598
public health providing for more stringent standards governing	599
household sewage treatment systems, installers, service providers,	600
or septage haulers than those established in rules of the public	601
health council adopted under division (A) of this section. AIn	602
proposing or adopting the rules, a board of health shall consider	603
and document the economic impact of the rules on property owners	604
within the applicable health district.	605

(2) A board that intends to adopt such rules shall notify the	606
department of health of the proposed rules and submit a copy of	607
the proposed rules and the documentation of the economic impact of	608
the rules at least ninety days prior to the proposed date of	609
adoption. The director shall approve or disapprove any such	610
proposed rule within ninety days after receiving notice of it	611
under this divisiona copy of the proposed rule from the board of	612
health. If the director fails to approve or disapprove a proposed	613
rule within ninety days after receiving notice of it, the proposed	614
rule shall be deemed approved.	615

(3) In reviewing a proposed rule, the director shall approve	616
the rule if all of the following apply:	617

(a) The proposed rule is not in conflict with this chapter or	618
rules adopted under it.	619

(b) The proposed rule is authorized by division (B) of this	620
section.	621

(c) The proposed rule is no less stringent than rules adopted	622
by the public health council.	623

(d) Unless otherwise authorized by this chapter or rules	624
adopted under it, the proposed rule does not require design	625
changes to a sewage treatment system, or component thereof, that	626
differ from a design authorized in rules adopted under division	627
(A) of this section, including rules adopted under division (A)(1)	628
or (A)(3)(a)(iii) or (iv) of this section, or approved by the	629
director under section 3718.04 of the Revised Code.	630

(e) The proposed rule does not require operation or	631
maintenance procedures for a sewage treatment system that conflict	632
with operation or maintenance procedures authorized in rules	633
adopted under division (A) of this section, including rules	634
adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this	635
section, or approved by the director under section 3718.04 of the	636
Revised Code.	637

(4) If a board of health fails to submit a proposed rule to	638
the director or fails to demonstrate that the board has considered	639
the economic impact of the proposed rule, the rule shall have no	640
force or effect and is not enforceable.	641

Sec. 3718.023.  (A) In accordance with rules adopted under	642
division (A) of section 3718.02 of the Revised Code, a board of	643
health shall approve or deny the installation, operation, or	644
alteration of sewage treatment systems the use of which has been	645
authorized in those rules or that have been approved for use in	646
this state by the director of health under section 3718.04 of the	647
Revised Code. The board shall approve an installation, operation,	648
or alteration only in the health district in which the board has	649
jurisdiction. A board shall approve the installation, operation,	650
or alteration of a sewage treatment system through the issuance of	651
a permit in accordance with rules adopted under section 3718.02 of	652
the Revised Code. A board shall not approve the installation,	653
operation, or alteration of a sewage treatment system if the	654
installation, operation, or alteration is not appropriate for the	655
site at which the use of the system is or is proposed to be	656
located. In determining whether to approve or disapprove the	657
installation, operation, or alteration of a sewage treatment	658
system, including the progressive or incremental installation or	659
alteration of a system, a board shall consider the economic impact	660
on the property owner, the state of available technology, and the	661
nature and economics of various alternatives. A board shall	662
provide written documentation of such economic impact if requested	663
by the property owner. In addition, the board shall ensure that a	664
system, when installed and maintained properly, will not create a	665
public health nuisance and shall require a system to comply with	666
the requirements established in division (B) of this section and	667
other applicable requirements of this chapter.	668

The board shall permit a property owner to select a sewage	669
treatment system for use by the property owner from those systems	670
that have been approved for use in the state, from the least	671
expensive system to the most expensive system, and a property	672
owner may select any such system regardless of its cost, provided	673
that the system selected will comply with all applicable	674
requirements and standards established under this chapter and	675
rules adopted under it.	676

(B) A board of health shall ensure that the design and	677
installation of a soil absorption system prevents public health	678
nuisances. In addition, a board of health shall ensure that a	679
sewage treatment system that is installed after the effective date	680
of this section shall not discharge into a ditch, stream, pond,	681
lake, natural or artificial waterway, drain tile, or other surface	682
water or onto the surface of the ground unless authorized by a	683
national pollutant discharge elimination system permit issued	684
under Chapter 6111. of the Revised Code and rules adopted under	685
it. In addition, a board shall ensure that a sewage treatment	686
system shall not discharge into an abandoned well, a drainage	687
well, a dry well, a cesspool, a sinkhole, or another connection to	688
ground water. If a household sewage treatment system serving a	689
two- or three-family dwelling or a small flow on-site sewage	690
treatment system is classified as a class V injection well, a	691
board of health shall ensure that the system complies with rules	692
adopted under section 6111.043 of the Revised Code and with	693
Chapter 3745-34 of the Administrative Code.	694

(C) For purposes of the approval or denial of the	695
installation, operation, or alteration of a sewage treatment	696
system under this section, "economic impact" means all of the	697
following, as applicable:	698

(1) The cost to the property owner for the installation of	699
the proposed sewage treatment system, including the cost of	700
progressive or incremental installation of the system;	701

(2) The cost of an alternative system, including the cost of	702
progressive or incremental installation of the system, that, when	703
installed and maintained properly, will not create a public health	704
nuisance compared to the proposed sewage treatment system;	705

(3) The costs of repairing the sewage treatment system,	706
including the cost of progressive or incremental repairs, as	707
opposed to replacing the system with a new system.	708

(D) An application for an installation permit that is	709
accepted by a board of health prior to January 1, 2012, shall be	710
valid for three years from the date of the submission of the	711
complete application and the accompanying application fee.	712

(E) An installation permit issued by a board of health prior	713
to January 1, 2012, shall be valid until January 1, 2013, unless	714
extended by a board of health for not more than an additional six	715
months.	716

Sec. 3718.024.  The director of health in cooperation with a	717
board of health shall assess the familiarity of the board's staff	718
with best management practices in the use of sewage treatment	719
systems, as necessary, and conduct appropriate training to educate	720
the board's staff in those best management practices and in the	721
use of any new sewage treatment system technology that is	722
recommended for use by the sewage treatment system technical	723
advisory committee created in section 3718.03 of the Revised Code.	724

Sec. 3718.025.  The environmental protection agency shall not	725
require a board of health to enter into a memorandum of	726
understanding or any other agreement with the agency regarding the	727
issuance of national pollutant discharge elimination system	728
permits for off-lot household sewage treatment systems. Rather, a	729
representative of a board of health may meet with a person who	730
intends to install such a system to determine the feasibility of	731
the system and refer the person to the agency to secure a national	732
pollutant discharge elimination system permit for the system if	733
needed. The environmental protection agency shall make revisions	734
to any applicable general national pollutant discharge elimination	735
system permits, issued pursuant to the federal Water Pollution	736
Control Act as defined in section 6111.01 of the Revised Code, so	737
that such a memorandum of understanding is not required. A board	738
of health voluntarily may enter into a memorandum of understanding	739
with the environmental protection agency to implement a general	740
national pollutant discharge elimination system permit. The agency	741
shall work with boards of health to facilitate securing national	742
pollutant discharge elimination system permits on behalf of	743
property owners in counties without a memorandum of understanding.	744

Sec. 3718.03. (A) There is hereby created the sewage	745
treatment system technical advisory committee consisting of the	746
director of health or the director's designee and tenthirteen	747
members who are knowledgeable about sewage treatment systems and	748
technologies. The director or the director's designee shall serve	749
as committee secretary and may vote on actions taken by the	750
committee. Of the tenthirteen members, fourfive shall be	751
appointed by the governor, threefour shall be appointed by the	752
president of the senate, and threefour shall be appointed by the	753
speaker of the house of representatives.	754

(1) Of the members appointed by the governor, one shall	755
represent academia and shall be active in teaching or research in	756
the area of on-site wastewater treatment, one shall be a	757
representative of the public who is not employed by the state or	758
any of its political subdivisions and who does not have a	759
pecuniary interest in household sewage treatment systems, one	760
shall be ana registered professional engineer fromemployed by	761
the environmental protection agency, and one shall be selected	762
from among soil scientists in the division of soil and water	763
resources in the department of natural resources, and one shall be	764
a representative of a statewide organization representing	765
townships.	766

(2) Of the members appointed by the president of the senate,	767
one shall be a health commissioner who is a member of and	768
recommended by the association of Ohio health commissioners, one	769
shall represent the interests of manufacturers of household sewage	770
treatment systems, and one shall represent installers and service	771
providers, and one shall be a person with demonstrated experience	772
in the design of sewage treatment systems.	773

(3) Of the members appointed by the speaker of the house of	774
representatives, one shall be a health commissioner who is a	775
member of and recommended by the association of Ohio health	776
commissioners, one shall represent the interests of manufacturers	777
of household sewage treatment systems, and one shall be a	778
sanitarian who is registered under Chapter 4736. of the Revised	779
Code and who is a member of the Ohio environmental health	780
association, and one shall be a registered professional engineer	781
with experience in sewage treatment systems.	782

(B) Terms of members appointed to the committee shall be for	783
three years, with each term ending on the same day of the same	784
month as did the term that it succeeds. Each member shall serve	785
from the date of appointment until the end of the term for which	786
the member was appointed.	787

Members may be reappointed. Vacancies shall be filled in the	788
same manner as provided for original appointments. Any member	789
appointed to fill a vacancy occurring prior to the expiration date	790
of the term for which the member was appointed shall hold office	791
for the remainder of that term. A member shall continue to serve	792
after the expiration date of the member's term until the member's	793
successor is appointed or until a period of sixty days has	794
elapsed, whichever occurs first. The applicable appointing	795
authority may remove a member from the committee for failure to	796
attend two consecutive meetings without showing good cause for the	797
absences.	798

(C) The technical advisory committee annually shall select	799
from among its members a chairperson and a vice-chairperson and a.	800
The secretary toshall keep a record of its proceedings. A	801
majority vote of the members of the full committee is necessary to	802
take action on any matter. The committee may adopt bylaws	803
governing its operation, including bylaws that establish the	804
frequency of meetings.	805

(D) Serving as a member of the sewage treatment system	806
technical advisory committee does not constitute holding a public	807
office or position of employment under the laws of this state and	808
does not constitute grounds for removal of public officers or	809
employees from their offices or positions of employment. Members	810
of the committee shall serve without compensation for attending	811
committee meetings.	812

(E) A member of the committee shall not have a conflict of	813
interest with the position. For the purposes of this division,	814
"conflict of interest" means the taking of any action that	815
violates any provision of Chapter 102. or 2921. of the Revised	816
Code.	817

(F) The sewage treatment system technical advisory committee	818
shall do all of the following:	819

(1) Develop with the department of health standards and,	820
guidelines, and protocols for approving or disapproving a sewage	821
treatment system or components of a system under section 3718.04	822
of the Revised Code;. Any guideline requiring the submission of	823
scientific information or testing data shall specify, in writing,	824
the protocol and format to be used in submitting the information	825
or data.	826

(2) Develop with the department an application form to be	827
submitted to the director by an applicant for approval or	828
disapproval of a sewage treatment system or components of a system	829
and specify the information that must be included with an	830
application form;	831

(3) AdviseMake recommendations to the director onregarding	832
the approval or disapproval of an application sent to the director	833
under section 3718.04 of the Revised Code requesting approval of a	834
sewage treatment system or components of a system;	835

(4) Pursue and recruit in an active manner the research,	836
development, introduction, and timely approval of innovative and	837
cost-effective household sewage treatment systems and components	838
of a system for use in this state, which shall include conducting	839
pilot projects to assess the effectiveness of a system or	840
components of a system;	841

(5) By January 1, 2008, provide the household sewage and	842
small flow on-site sewage treatment system study commission	843
created by Am. Sub. H.B. 119 of the 127th general assembly with a	844
list of available alternative systems and the estimated cost of	845
each system.	846

(G) The chairperson of the committee shall prepare and submit	847
an annual report concerning the activities of the committee to the	848
general assembly not later than ninety days after the end of the	849
calendar year. The report shall discuss the number of applications	850
submitted under section 3718.04 of the Revised Code for the	851
approval of a new sewage treatment system or a component of a	852
system, the number of such systems and components that were	853
approved, any information that the committee considers beneficial	854
to the general assembly, and any other information that the	855
chairperson determines is beneficial to the general assembly. If	856
other members of the committee determine that certain information	857
should be included in the report, they shall submit the	858
information to the chairperson not later than thirty days after	859
the end of the calendar year.	860

(H) The department shall provide meeting space for the	861
committee. The committee shall be assisted in its duties by the	862
staff of the department.	863

(I) Sections 101.82 to 101.87 of the Revised Code do not	864
apply to the sewage treatment system technical advisory committee.	865

Sec. 3718.04.  (A) A manufacturer seeking approval for the	866
installation and use of a sewage treatment system or a component	867
of a system in this state that differs in design or function from	868
systems or components of systems the use of which is authorized in	869
rules adopted under section 3718.02 of the Revised Code shall	870
request an application form from the department of health. The	871
applicant shall complete the form and include with it all of the	872
information that is required by the department and the sewage	873
treatment system technical advisory committee. The applicant shall	874
submit a completed application and all required information to the	875
director of health.	876

(B) Upon receipt of an application, the director shall	877
examine the application and all accompanying information to	878
determine if the application is complete. If the director	879
determines that the application is not complete, the director	880
shall notify the applicant not later than fourteensixty days	881
after determiningsubmission of the application that the	882
application is not complete, provide a description of the	883
information that is missing from the application, and return the	884
application and all accompanying information to the applicant. The	885
applicant may resubmit the application to the director if the	886
application includes the information that was identified by the	887
director. Not later than fourteenthirty days after receipt of a	888
complete application, the director shall notify the committee of	889
the complete application and send a copy of the complete	890
application and all accompanying information to the committee	891
together with a request that the committee adviserecommend that	892
the director on the approvalapprove or disapproval ofdisapprove	893
the system.	894

Not later than ninety days after receipt of a complete	895
application, the committee shall recommend approval or disapproval	896
of the application and submit its recommendation in writing to the	897
director. The director shall approve or disapprove the application	898
not later than sixty days after the committee submits its	899
recommendation to the director or, if the committee fails to	900
recommend approval or disapproval within the required time, not	901
later than one hundred twenty days after the submission of a	902
complete application. If the director fails to approve or	903
disapprove an application within the required time, the	904
application shall be deemed approved.	905

(C) In approving or disapproving an application, the director	906
shall use the standards and, guidelines, and protocols that the	907
committee developed with the department for that purpose. The	908
director shall not approve an application that fails to comply	909
with those standards and, guidelines, and protocols. If the	910
committee advisesrecommends approval or disapproval of an	911
application, the director concerning the application, the director	912
shall consider the advicecommittee's recommendation before	913
approving or disapproving the application. However, ifIf the	914
committee fails to provide advice or if the committee fails to	915
provide advice within a reasonable period of time before the	916
director is required to approve or disapprove the application	917
recommend approval or disapproval of the application within the	918
required time, the director may approve or disapprove the	919
application without considering the advice of the committee. Not	920
later than ninety days after receipt of a complete application,	921
the director shall approve or disapprove the application in	922
writing. If the director fails to approve or disapprove the	923
application within that ninety-day period, the application shall	924
be deemed approvedThe director shall establish and include any	925
appropriate terms and conditions with the approval of a sewage	926
treatment system or component of a system for use in this state.	927
For purposes of establishing soil absorption specifications for a	928
sewage treatment system, the terms and conditions shall include	929
standards regarding the sizing of the system.	930

(D) If the director approves an application under this	931
section, the director shall notify the applicant in writing. The	932
director also shall notify boards of health in accordance with the	933
procedures established in rules adopted under section 3718.02 of	934
the Revised Code that the sewage treatment system or component of	935
a system that is the subject of the application is approved for	936
statewide use. If the director disapproves an application under	937
this section, the director shall notify the applicant in writing	938
and provide a brief explanation for the disapproval.	939

(E) Decisions of the director approving or disapproving	940
applications under this section may be appealed in accordance with	941
Chapter 119. of the Revised Code.	942

(F) No approval shall be required under this section with	943
respect to a sewage treatment system or component of a system that	944
has been approved by the director prior to the effective date of	945
this amendment unless the manufacturer of the system or component	946
changes the design or seeks modifications to any terms and	947
conditions of the prior approval.	948

(G) The director may revoke the approval of a sewage	949
treatment system or component of a system if the director finds,	950
based on substantial evidence, that the system or component fails	951
to comply with applicable standards for the system or component.	952
The revocation of an approval under this division may be appealed	953
in accordance with Chapter 119. of the Revised Code.	954

Sec. 3718.041. An installer or manufacturer of a sewage	955
treatment system or component of a system the use of which has	956
been authorized in rules adopted under section 3718.02 of the	957
Revised Code may request from the director of health a written	958
statement acknowledging that the system or component of a system	959
is approved for use in this state and that the approval is	960
equivalent in all respects to the approval of a system or	961
component of a system under section 3718.04 of the Revised Code.	962
The director may approve or deny such a request as the director	963
determines appropriate.	964

Sec. 3718.05. The director of health shall do all of the	965
following:	966

(A) Administer and enforce this chapter and the rules of the	967
public health council adopted under it;	968

(B) Examine records of boards of health, in accordance with	969
rules adopted by the council, that are determined necessary to	970
ascertain compliance with this chapter and rules adopted under it;	971

(C) Review and approve or disapprove rules proposed by boards	972
of health under division (B) of section 3718.02 of the Revised	973
Code. The director shall not disapprove a proposed rule unless the	974
director determines that the proposed rule conflicts with this	975
chapter or rules adopted under section 3718.02 of the Revised Code	976
by the public health council or fails to promote public health or	977
environmental protection. If the director disapproves a proposed	978
rule, the director shall provide a written explanation of the	979
director's disapproval to the board of health that proposed the	980
rule.	981

(D) Survey boards of health as required by section 3718.07 of	982
the Revised Code;	983

(E) Develop with the sewage treatment system technical	984
advisory committee standards and, guidelines, and protocols for	985
use by the director in approving or disapproving a sewage	986
treatment system under section 3718.04 of the Revised Code and an	987
application form for use by applicants for that approval,	988
including identification of the information that must be included	989
with the form;	990

(F) Provide instructions on the operation and maintenance of	991
a sewage treatment system. The director shall provide the	992
operation and maintenance instructions on the department of	993
health's web site. In addition, the director shall provide a copy	994
of the operation and maintenance instructions when the director	995
receives a written request for the instructions.	996

(G) Develop educational programs, in conjunction with boards	997
of health, to educate owners of sewage treatment systems regarding	998
the proper operation and maintenance of those systems.	999

Sec. 3718.06. (A)(1) A board of health shall establish fees	1000
in accordance with section 3709.09 of the Revised Code for the	1001
purpose of carrying out its duties under this chapter and rules	1002
adopted under it, including a feefees for an installation permit	1003
permits, operation permits, and alteration permits issued by the	1004
board. All fees so established and collected by the board shall be	1005
deposited in a special fund of the district to be used exclusively	1006
by the board in carrying out those duties.	1007

(2) In accordance with Chapter 119. of the Revised Code, the	1008
public health council may establish by rule a fee to be collected	1009
from applicants for installation permits and alteration permits	1010
issued under rules adopted under this chapter. The director of	1011
health shall use not more than seventy-five per cent of the	1012
proceeds from that fee for administering and enforcing this	1013
chapter and the rules adopted under it by the council. The	1014
director shall use not less than twenty-five per cent of the	1015
proceeds from that fee to establish a program in cooperation with	1016
boards of health to fund installation and evaluation of sewage	1017
treatment system new technology pilot projects through grants or	1018
other agreements. In the selection of pilot projects, the director	1019
shall consult with the sewage treatment system technical advisory	1020
committee. A board of health shall collect and transmit the fee.	1021
to the director pursuant to section 3709.092 of the Revised Code.	1022
The director shall use the money so credited solely for the	1023
administration and enforcement of this chapter and the rules	1024
adopted under it by the public health council.	1025

(B) The director may submit recommendations to the public	1026
health council regarding the amount of the fee collected under	1027
division (A)(2) of this section for installation and alteration	1028
permits. When making the recommendations, the director shall	1029
submit a report stating the current and projected expenses of	1030
administering and enforcing this chapter and the rules adopted	1031
under it by the counciland of the sewage treatment system new	1032
technology pilot projects program established under this section	1033
and the total of all money that has been deposited to the credit	1034
of the general operations fund under division (A)(2) of this	1035
section. The director may include in the report any	1036
recommendations for modifying the requirements established under	1037
this chapter and the rules adopted under it by the council.	1038

Sec. 3718.09. (A) A board of health may issue, modify,	1039
suspend, or revoke enforcement orders to a registration or permit	1040
holder or other person directing the holder or person to abate a	1041
violation of this chapter, any rule adopted or order issued under	1042
it, or a condition of a registration or permit issued under it	1043
within a specified, reasonable time. If an order issued under this	1044
division is neglected or disregarded, the applicable board of	1045
health may proceed in accordance with section 3707.02 of the	1046
Revised Code.	1047

(B) The health commissioner or the commissioner's designated	1048
representative, without prior notice or hearing and in accordance	1049
with the rules of the public health council, may issue an	1050
emergency order requiring any action necessary to meet a public	1051
health emergency or to prevent or abate an imminent and	1052
substantial threat to surface water or ground water regarding	1053
domestic septage management or regarding a sewage treatment system	1054
that is being operated in a manner that does not comply with this	1055
chapter or rules adopted under it. A person to whom such an	1056
emergency order is issued immediately shall comply with the order.	1057
A person so ordered may apply to the issuer of the order for a	1058
hearing, which shall be held as soon as possible, but not later	1059
than twenty days after the issuer's receipt of the application for	1060
a hearing.	1061

Sec. 3718.11. (A) A property owner may request a hearing with	1062
the board of health for any reason described in division (A)(18)	1063
of section 3718.02 of the Revised Code. A property owner may	1064
appeal the results of the hearing to either of the following:	1065

(1) The court of common pleas of the county in which the	1066
property owner's land is located;	1067

(2) A sewage treatment system appeals board that is	1068
established in accordance with this section.	1069

(B) A property owner that wishes to appeal to a sewage	1070
treatment system appeals board shall file the appeal with the	1071
board of health within whose jurisdiction the property owner's	1072
land is located. Upon receipt of a filing, the board of health	1073
shall send the filing of the appeal to the chairperson of the	1074
sewage treatment system appeals board for the county in which the	1075
board of health has jurisdiction.	1076

(C)(1) Not later than ninety days after the effective date of	1077
this section, a sewage treatment system appeals board shall be	1078
appointed for each county as follows:	1079

(a) One member shall be appointed by the health commissioner	1080
of the general health district having jurisdiction in the county.	1081

(b) One member shall be appointed by the judge of the probate	1082
court of the county having the longest continuous service as a	1083
judge of the probate court.	1084

(c) One member shall be appointed by the director of health.

1085

(2) Terms of appointment to a sewage treatment system appeals	1086
board shall be for two years. Members may be reappointed.	1087
Vacancies shall be filled in the same manner as provided for	1088
original appointments. Any member appointed to fill a vacancy	1089
occurring prior to the expiration of the term for which the member	1090
was appointed shall hold office for the remainder of that term.	1091

(3) The person appointed by the judge of the probate court	1092
shall serve as chairperson of the board. A majority vote of the	1093
members of the board is necessary to take action on any matter.	1094
The chairperson of the board shall designate the time and location	1095
for a hearing before the board. Members of the board shall serve	1096
without compensation.	1097

(4) A board of health shall send an appeal that has been	1098
filed with the board of health under division (B) of this section	1099
to the sewage treatment system appeals board immediately after the	1100
appeal has been filed. Not later than forty-five days after a	1101
hearing before a sewage treatment system appeals board, the board	1102
shall issue a written decision concerning an appeal before the	1103
board.	1104

(5) The judge of the probate court who made an appointment to	1105
the board under this section shall establish due process	1106
procedures to be used by the applicable sewage treatment system	1107
appeals board appointed under this section for the purpose of	1108
hearing appeals regarding orders and decisions of a board of	1109
health. All appeals before the applicable sewage treatment system	1110
appeals board shall be conducted in accordance with those	1111
procedures. The procedures may include filing fees applicable to	1112
appeals conducted by the sewage treatment system appeals board.	1113

(D) An appeal before a sewage treatment system appeals board	1114
is final, and no further appeal may be taken.	1115

Section 2.  That existing sections 711.05, 711.10, 3718.01,	1116
3718.02, 3718.03, 3718.04, 3718.05, 3718.06, and 3718.09 of the	1117
Revised Code are hereby repealed.	1118

Section 3.  Notwithstanding any provision of law to the	1119
contrary, Chapter 3701-29 of the Ohio Administrative Code adopted	1120
pursuant to Section 120.02 of Am. Sub. H.B. 119 of the 127th	1121
General Assembly, as amended by Am. Sub. H.B. 1 and Sub. H.B. 363	1122
of the 128th General Assembly, shall remain in effect as it exists	1123
on the effective date of this act until it is superseded by the	1124
rules that are required to be adopted under section 3718.02 of the	1125
Revised Code as amended by this act. The rules that are required	1126
to be adopted under that section as amended by this act shall not	1127
take effect prior to January 1, 2012.	1128

Section 4. Not later than thirty days after the effective	1129
date of this section, the Governor, President of the Senate, and	1130
Speaker of the House of Representatives shall appoint the new	1131
members to the Sewage Treatment System Technical Advisory	1132
Committee that are required to be appointed under section 3718.03	1133
of the Revised Code as amended by this act.	1134

The Governor shall appoint the person representing a	1135
statewide organization representing townships for an initial term	1136
of one year. Thereafter, the person appointed to that position	1137
shall be appointed to a three-year term as required by section	1138
3718.03 of the Revised Code.	1139

The President of the Senate shall appoint the person who is	1140
required to have demonstrated experience in the design of	1141
household sewage treatment systems for an initial term of two	1142
years. Thereafter, the person appointed to that position shall be	1143
appointed to a three-year term as required by section 3718.03 of	1144
the Revised Code.	1145

The Speaker of the House of Representatives shall appoint the	1146
person that is required to be a registered professional engineer	1147
with experience in sewage treatment systems for an initial term of	1148
three years. Thereafter, the person appointed to that position	1149
shall be appointed to a three-year term as required by section	1150
3718.03 of the Revised Code.	1151

Section 5. That Section 3 of Am. H.B. 416 of the 127th	1152
General Assembly be amended to read as follows:	1153

Sec. 3. (A) Not later than three months after the effective	1154
date of this section, the Director of Natural Resources shall	1155
convene an advisory board consisting of the following persons with	1156
an interest in the Great Lakes-St. Lawrence River Basin Water	1157
Resources Compact:	1158

(1) The Director of Natural Resources or the Director's	1159
designee, who shall serve as chairperson of the advisory board;	1160

(2) The Director of Environmental Protection or the	1161
Director's designee;	1162

(3) The Director of Development or the Director's designee;

1163

(4) The following members appointed by the Governor:

1164

(a) One water quality expert from the faculty or staff of an	1165
Ohio college or university;	1166

(b) One representative of a statewide environmental advocacy	1167
organization;	1168

(c) One representative of a local environmental advocacy	1169
organization in the Lake Erie Basin;	1170

(d) One representative of a sustainable economic development	1171
organization in the Lake Erie Basin;	1172

(e) One representative of the travel and tourism industry;

1173

(f) One representative of the electric utility industry;

1174

(g) One representative of a county government in the Lake	1175
Erie Basin.	1176

(5) The following members appointed by the President of the	1177
Senate:	1178

(a) Two members of the Senate who shall not be members of the	1179
same political party;	1180

(b) One representative of the bottled water industry;

1181

(c) One representative of a statewide land conservation	1182
advocacy organization;	1183

(d) One representative of agricultural interests in the Lake	1184
Erie Basin;	1185

(e) One representative of the aggregates industry;

1186

(f) One representative of the pulp and paper industry;

1187

(g) One representative of a large manufacturer with a	1188
facility located within the Lake Erie Basin;	1189

(h) One member of the public.

1190

(6) The following members appointed by the Speaker of the	1191
House of Representatives:	1192

(a) Two members of the House of Representatives who shall not	1193
be members of the same political party;	1194

(b) One representative of a municipal government in the Lake	1195
Erie Basin;	1196

(c) One expert in hydrogeology from the faculty or staff of	1197
an Ohio college or university;	1198

(d) One representative of a locally based organization in the	1199
Lake Erie Basin that assists in the development and implementation	1200
of a plan for the protection and management of surface and ground	1201
water resources in a watershed;	1202

(e) One representative of a fish and wildlife advocacy	1203
organization;	1204

(f) One representative of residential developers;

1205

(g) One representative of the chemical industry;

1206

(h) One representative of the petroleum industry with a	1207
facility located within the Lake Erie Basin.	1208

All appointments shall be made to the advisory board not	1209
later than thirty days after the effective date of this section.	1210
The advisory board shall meet on a regular basis. Vacancies on the	1211
advisory board shall be filled in the manner provided for original	1212
appointments. Members of the advisory board shall receive no	1213
compensation for serving on the board. The Department of Natural	1214
Resources shall provide technical support to the advisory board.	1215

(B) The advisory board shall be convened for the purpose of	1216
developing recommendations for legislation that is necessary to	1217
implement and effectuate the requirements and purposes of the	1218
Great Lakes-St. Lawrence River Basin Water Resources Compact. The	1219
recommendations shall address, but not be limited to, the	1220
following:	1221

(1) The evaluation and recommendation of the threshold levels	1222
to be included in the implementing legislation for regulating new	1223
or increased water withdrawals in the state, considering at least	1224
all of the following:	1225

(a) The number of withdrawals that will be regulated;

1226

(b) The relative impact of those withdrawals;

1227

(c) The practicality of regulating those withdrawals;

1228

(d) The alternatives that are available in the establishment	1229
of a permitting program in order to meet the water management	1230
objectives of this state.	1231

(2) The establishment of requirements regarding the review of	1232
lists of existing water users in the portion of the Great	1233
Lakes-St. Lawrence River Basin that is in this state;	1234

(3) The establishment of a process for use by persons that	1235
wish to appeal their inclusion in the list of existing water	1236
users;	1237

(4) The establishment of conservation objectives with respect	1238
to the Great Lakes-St. Lawrence River Basin Water Resources	1239
Compact and the development of the state's water conservation and	1240
efficiency programs;	1241

(5) The method for determining the capacity of existing	1242
facilities as required in Section 4.12.2 of the Great Lakes-St.	1243
Lawrence River Basin Water Resources Compact.	1244

(C) The advisory board shall present its final	1245
recommendations to the Governor and the General Assembly not later	1246
than eighteen months after the effective date of this section	1247
December 15, 2010. It is the intent of the General Assembly that	1248
the recommendations of the advisory board will represent a	1249
consensus of the board's members regarding the issues presented to	1250
and discussed by the board. However, if a consensus cannot be	1251
reached on any or all of the issues before the board, one or more	1252
minority opinions may accompany the recommendations of the board.	1253

(D) Upon submission of its recommendations under division (C)	1254
of this section, the advisory board shall cease to exist.	1255

Section 6. That existing Section 3 of Am. H.B. 416 of the	1256
127th General Assembly is hereby repealed.	1257