As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 110

Senator Niehaus 

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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, 3718.09, and

2

6117.51 and to enact sections 3718.011,

3

3718.023, 3718.024, 3718.025, and 3718.041 of

4

the Revised Code, to amend sections 711.05 and

5

711.10 of the Revised Code, which are scheduled to

6

take effect on July 1, 2009, to amend Section

7

120.05 of Am. Sub. H.B. 119 of the 127th

8

General Assembly, and to repeal Sections

9

120.01 and 120.02 of Am. Sub. H.B. 119 of the

10

127th General Assembly to revise the Household

11

Sewage and Small Flow On-Site Sewage Treatment

12

Systems Law, and to declare an emergency.

13

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

Section 1.  That sections 711.05, 711.10, 3718.01, 3718.02,	14
3718.03, 3718.04, 3718.05, 3718.06, 3718.09, and 6117.51 be	15
amended and sections 3718.011, 3718.023, 3718.024, 3718.025, and	16
3718.041 of the Revised Code be enacted to read as follows:	17

Sec. 711.05.  (A) Upon the submission of a plat for approval,	18
in accordance with section 711.041 of the Revised Code, the board	19
of county commissioners shall certify on it the date of the	20
submission. Within five days of submission of the plat, the board	21
shall schedule a meeting to consider the plat and send a written	22
notice by regular mail to the fiscal officer of the board of	23
township trustees of the township in which the plat is located and	24
the board of health of the health district in which the plat is	25
located. The notice shall inform the trustees and the board of	26
health of the submission of the plat and of the date, time, and	27
location of any meeting at which the board of county commissioners	28
will consider or act upon the proposed plat. The meeting shall	29
take place within thirty days of submission of the plat, and no	30
meeting shall be held until at least seven days have passed from	31
the date the notice was sent by the board of county commissioners.	32
The approval of the board required by section 711.041 of the	33
Revised Code or the refusal to approve shall take place within	34
thirty days from the date of submission or such further time as	35
the applying party may agree to in writing; otherwise, the plat is	36
deemed approved and may be recorded as if bearing such approval.	37

(B) The board may adopt general rules governing plats and	38
subdivisions of land falling within its jurisdiction, to secure	39
and provide for the coordination of the streets within the	40
subdivision with existing streets and roads or with existing	41
county highways, for the proper amount of open spaces for traffic,	42
circulation, and utilities, and for the avoidance of future	43
congestion of population detrimental to the public health, safety,	44
or welfare, but shall not impose a greater minimum lot area than	45
forty-eight hundred square feet. Before the board may amend or	46
adopt rules, it shall notify all the townships in the county of	47
the proposed amendments or rules by regular mail at least thirty	48
days before the public meeting at which the proposed amendments or	49
rules are to be considered.	50

The rules may require the board of health to review and	51
comment on a plat before the board of county commissioners acts	52
upon it and may also require proof of compliance with any	53
applicable zoning resolutions, and with rules governing household	54
sewage treatment systems, as a basis for approval of a plat. Where	55
under section 711.101 of the Revised Code the board of county	56
commissioners has set up standards and specifications for the	57
construction of streets, utilities, and other improvements for	58
common use, the general rules may require the submission of	59
appropriate plans and specifications for approval. The board shall	60
not require the person submitting the plat to alter the plat or	61
any part of it as a condition for approval, as long as the plat is	62
in accordance with general rules governing plats and subdivisions	63
of land, adopted by the board as provided in this section, in	64
effect at the time the plat was submitted and the plat is in	65
accordance with any standards and specifications set up under	66
section 711.101 of the Revised Code, in effect at the time the	67
plat was submitted.	68

(C) The ground of refusal to approve any plat, submitted in	69
accordance with section 711.041 of the Revised Code, shall be	70
stated upon the record of the board, and, within sixty days	71
thereafter, the person submitting any plat that the board refuses	72
to approve may file a petition in the court of common pleas of the	73
county in which the land described in the plat is situated to	74
review the action of the board. A board of township trustees is	75
not entitled to appeal a decision of the board of county	76
commissioners under this section.	77

Sec. 711.10. (A) Whenever a county planning commission or a	78
regional planning commission adopts a plan for the major streets	79
or highways of the county or region, no plat of a subdivision of	80
land within the county or region, other than land within a	81
municipal corporation or land within three miles of a city or one	82
and one-half miles of a village as provided in section 711.09 of	83
the Revised Code, shall be recorded until it is approved by the	84
county or regional planning commission under division (C) of this	85
section and the approval is endorsed in writing on the plat.	86

(B) A county or regional planning commission may require the	87
submission of a preliminary plan for each plat sought to be	88
recorded. If the commission requires this submission, it shall	89
provide for a review process for the preliminary plan. Under this	90
review process, the planning commission shall give its approval,	91
its approval with conditions, or its disapproval of each	92
preliminary plan. The commission's decision shall be in writing,	93
shall be under the signature of the secretary of the commission,	94
and shall be issued within thirty-five business days after the	95
submission of the preliminary plan to the commission. The	96
disapproval of a preliminary plan shall state the reasons for the	97
disapproval. A decision of the commission under this division is	98
preliminary to and separate from the commission's decision to	99
approve, conditionally approve, or refuse to approve a plat under	100
division (C) of this section.	101

(C) Within five calendar days after the submission of a plat	102
for approval under this division, the county or regional planning	103
commission shall schedule a meeting to consider the plat and send	104
a notice by regular mail or by electronic mail to the fiscal	105
officer of the board of township trustees of the township in which	106
the plat is located and the board of health of the health district	107
in which the plat is located. The notice shall inform the trustees	108
and the board of health of the submission of the plat and of the	109
date, time, and location of any meeting at which the county or	110
regional planning commission will consider or act upon the plat.	111
The meeting shall take place within thirty calendar days after	112
submission of the plat, and no meeting shall be held until at	113
least seven calendar days have passed from the date the planning	114
commission sent the notice.	115

The approval of the county or regional planning commission,	116
the commission's conditional approval as described in this	117
division, or the refusal of the commission to approve shall be	118
endorsed on the plat within thirty calendar days after the	119
submission of the plat for approval under this division or within	120
such further time as the applying party may agree to in writing;	121
otherwise that plat is deemed approved, and the certificate of the	122
commission as to the date of the submission of the plat for	123
approval under this division and the failure to take action on it	124
within that time shall be sufficient in lieu of the written	125
endorsement or evidence of approval required by this division.	126

A county or regional planning commission may grant	127
conditional approval under this division to a plat by requiring a	128
person submitting the plat to alter the plat or any part of it,	129
within a specified period after the end of the thirty calendar	130
days, as a condition for final approval under this division. Once	131
all the conditions have been met within the specified period, the	132
commission shall cause its final approval under this division to	133
be endorsed on the plat. No plat shall be recorded until it is	134
endorsed with the commission's final or unconditional approval	135
under this division.	136

The ground of refusal of approval of any plat submitted under	137
this division, including citation of or reference to the rule	138
violated by the plat, shall be stated upon the record of the	139
county or regional planning commission. Within sixty calendar days	140
after the refusal under this division, the person submitting any	141
plat that the commission refuses to approve under this division	142
may file a petition in the court of common pleas of the proper	143
county, and the proceedings on the petition shall be governed by	144
section 711.09 of the Revised Code as in the case of the refusal	145
of a planning authority to approve a plat. A board of township	146
trustees is not entitled to appeal a decision of the commission	147
under this division.	148

A county or regional planning commission shall adopt general	149
rules, of uniform application, governing plats and subdivisions of	150
land falling within its jurisdiction, to secure and provide for	151
the proper arrangement of streets or other highways in relation to	152
existing or planned streets or highways or to the county or	153
regional plan, for adequate and convenient open spaces for	154
traffic, utilities, access of firefighting apparatus, recreation,	155
light, and air, and for the avoidance of congestion of population.	156
The rules may provide for their modification by the commission in	157
specific cases where unusual topographical and other exceptional	158
conditions require the modification. The rules may require the	159
board of health to review and comment on a plat before the	160
commission acts upon it and also may require proof of compliance	161
with any applicable zoning resolutions, and with rules governing	162
household sewage treatment systems, as a basis for approval of a	163
plat.	164

Before adoption of its rules or amendment of its rules, the	165
commission shall hold a public hearing on the adoption or	166
amendment. Notice of the public hearing shall be sent to all	167
townships in the county or region by regular mail or electronic	168
mail at least thirty business days before the hearing. No county	169
or regional planning commission shall adopt any rules requiring	170
actual construction of streets or other improvements or facilities	171
or assurance of that construction as a condition precedent to the	172
approval of a plat of a subdivision unless the requirements have	173
first been adopted by the board of county commissioners after a	174
public hearing. A copy of the rules shall be certified by the	175
planning commission to the county recorders of the appropriate	176
counties.	177

After a county or regional street or highway plan has been	178
adopted as provided in this section, the approval of plats and	179
subdivisions provided for in this section shall be in lieu of any	180
approvals provided for in other sections of the Revised Code,	181
insofar as the territory within the approving jurisdiction of the	182
county or regional planning commission, as provided in this	183
section, is concerned. Approval of a plat shall not be an	184
acceptance by the public of the dedication of any street, highway,	185
or other way or open space shown upon the plat.	186

No county or regional planning commission shall require a	187
person submitting a plat to alter the plat or any part of it as	188
long as the plat is in accordance with the general rules governing	189
plats and subdivisions of land, adopted by the commission as	190
provided in this section, in effect at the time the plat is	191
submitted.	192

A county or regional planning commission and a city or	193
village planning commission, or platting commissioner or	194
legislative authority of a village, with subdivision regulation	195
jurisdiction over unincorporated territory within the county or	196
region may cooperate and agree by written agreement that the	197
approval of a plat by the city or village planning commission, or	198
platting commissioner or legislative authority of a village, as	199
provided in section 711.09 of the Revised Code, shall be	200
conditioned upon receiving advice from or approval by the county	201
or regional planning commission.	202

(D) As used in this section, "business day" means a day of	203
the week excluding Saturday, Sunday, or a legal holiday as defined	204
in section 1.14 of the Revised Code.	205

Sec. 3718.01. As used in this chapter:

206

(A) "Alter" means to change by making substantive	207
replacements of, additions to, or deletions in the design or	208
materials or to change the location of an existing sewage	209
treatment system.	210

(B) "Bedrock" means hard or soft rock stratum that underlies	211
the soil and other unconsolidated material or that is exposed at	212
the surface.	213

(C) "Board of health" means the board of health of a city or	214
general health district or the authority having the duties of a	215
board of health in any city as authorized by section 3709.05 of	216
the Revised Code.	217

(C)(D) "Domestic septage" means the liquid or solid material	218
removed from a sewage treatment system, portable toilet, or type	219
III marine sanitation device as defined in 33 C.F.R. 159.3.	220
"Domestic septage" does not include grease removed from a grease	221
trap.	222

(D)(E) "Gray water recycling systems" means systems that	223
treat and reuse wastewater discharged from lavatories, bathtubs,	224
showers, clothes washers, and laundry sinks that does not contain	225
food wastes or bodily wastes.	226

(F) "Household sewage treatment system" means any sewage	227
treatment system, or part of such a system, that receives sewage	228
from a single-family, two-family, or three-family dwelling.	229

(E)(G) "Infiltrative surface" means the point or area of	230
application of treated or partially treated sewage to the soil or	231
sand fill for purposes of treatment, dispersal, or both.	232

(H) "Inspection" means the on-site evaluation or analysis of	233
the functioningdesign, installation, and operation of a sewage	234
treatment system.	235

(F)(I) "Installer" means any person who engages in the	236
business of installing or altering or who, as an employee of	237
another, installs or alters any sewage treatment system.	238

(G)(J) "Limiting condition" means a restrictive soil layer,	239
bedrock, a water table, or ground water that limits or precludes	240
the treatment or dispersal of sewage in the soil of a property	241
where a household sewage treatment system is located.	242

(K) "Manufacturer" means any person that manufactures sewage	243
treatment systems or components of systems.	244

(H)(L) "Person" has the same meaning as in section 1.59 of	245
the Revised Code and also includes any state, any political	246
subdivision of a state, and any department, division, board,	247
commission, agency, or instrumentality of a state or political	248
subdivision.	249

(I)(M) "Sanitary sewerage system" means pipelines or	250
conduits, pumping stations, force mains, and all other	251
constructions, devices, appurtenances, and facilities that convey	252
sewage to a central sewage treatment plant and that are required	253
to obtain a permit under Chapter 6111. of the Revised Code.	254

(J)(N) "Septage hauler" means any person who engages in the	255
collection, transportation, disposal, and land application of	256
domestic septage.	257

(K)(O) "Service provider" means any person who services, but	258
does not install or alter, sewage treatment systems.	259

(L)(P) "Sewage" means liquid waste containing animal or	260
vegetable matter in suspension or solution that originates from	261
humans and human activities. "Sewage" includes liquids containing	262
household chemicals in solution commonly discharged from a	263
residence or from commercial, institutional, or other similar	264
facilities.	265

(M)(Q) "Sewage treatment system" means a household sewage	266
treatment system, a small flow on-site sewage treatment system, or	267
both, as applicable.	268

(N)(R) "Small flow on-site sewage treatment system" means a	269
system, other than a household sewage treatment system, that	270
treats not more than one thousand gallons of sewage per day and	271
that does not require a national pollutant discharge elimination	272
system permit issued under section 6111.03 of the Revised Code or	273
an injection well drilling or operating permit issued under	274
section 6111.043 of the Revised Code.	275

(S) "Soil" means the naturally occurring pedogenically	276
developed and undeveloped regolith overlying bedrock.	277

(T) "Vertical separation distance" means the distance of the	278
infiltrative surface of the distribution system of a soil	279
absorption system, or component thereof, to a limiting condition	280
in the soil.	281

(U) "Water table" means the surface of the saturated zone	282
below which all interconnected voids are filled with water and at	283
which the pressure is atmospheric.	284

Sec. 3718.011. For purposes of this chapter, a sewage	285
treatment system is causing a public health nuisance if any of the	286
following situations occurs:	287

(A) The sewage treatment system is not operating in the	288
manner for which it was designed due to mechanical failure or	289
another type of system malfunction, including, but not limited to,	290
the inability of the sewage treatment system to accept wastewater	291
at the rate for which the system was designed thereby preventing	292
or limiting the use of plumbing fixtures due to mechanical failure	293
or hydraulic overloading.	294

(B) The sewage treatment system is discharging wastewater	295
from the system's soil absorption components in an amount that	296
exceeds the absorptive capacity of the soil resulting in ponding,	297
seepage, or other discharge of effluent to surface or ground	298
water. Evidence of the situation described in this division shall	299
be collected by standard investigative methods and a standard	300
scoring process of site conditions, including, but not limited to,	301
dye testing, visual observations of ponded effluent, detection of	302
sewage odors, or water quality sampling.	303

(C) The sewage treatment system is discharging wastewater	304
into surface water so that the surface water fails to meet water	305
quality standards established for a surface water body in	306
accordance with rules adopted under section 6111.041 of the	307
Revised Code, or, with respect to systems authorized under the	308
NPDES permit program established under Chapter 6111. of the	309
Revised Code and rules adopted under it, the system routinely	310
exceeds the effluent discharge standards specified in a permit	311
issued under that program.	312

(D) Wastewater from a sewage treatment system causes	313
identified contamination of ground water so that primary drinking	314
water standards are exceeded in violation of Chapter 3745-81 of	315
the Administrative Code.	316

Sec. 3718.02. (A) Not later than one year after the effective	317
date of this section, theThe public health council, in	318
accordance with Chapter 119. of the Revised Code, shall adopt, and	319
subsequently may amend and rescind, rules of general application	320
throughout the state to administer this chapter. Rules adopted	321
under division (A) of this section shall do at least all of the	322
following:	323

(1) Require that the appropriate board of health approve or	324
disapprove the useinstallation, operation, and alteration of a	325
sewage treatment system if it is not connected to a sanitary	326
sewerage system;. The rules shall provide that the disapproval of	327
the installation, operation, or alteration of a sewage treatment	328
system may be appealed in accordance with Chapter 2506. of the	329
Revised Code by the person seeking approval of the installation,	330
operation, or alteration of the system.	331

(2) Require that a board of health, or other person as	332
established by rule, to conduct a site evaluation for any proposed	333
installation of a sewage treatment system;	334

(3) Prescribe standards for the siting, design, installation,	335
operation, monitoring, maintenance, and abandonment of household	336
sewage treatment systems that may be used in this state and for	337
the progressive or incremental alteration, repair, or replacement	338
of existing sewage treatment systems. The standards shall	339
include at a minimum all of the following:	340

(a) Soil absorption specifications;and vertical separation	341
distances.	342

(i) Soil absorption specifications established in rules shall	343
include standards regarding the sizing of sewage treatment	344
systems in use in the state.	345

(ii) In establishing soil absorption specifications and	346
vertical separation distances, the rules shall identify those soil	347
conditions or vertical separation distances that present a low or	348
moderate risk of inadequate treatment or dispersal of sewage from	349
sewage treatment systems. For low and moderate risk systems, the	350
required vertical separation distance shall not exceed eighteen	351
inches.	352

In addition, the rules shall identify those soil conditions	353
that present a high risk of inadequate treatment or dispersal of	354
sewage. For such high risk conditions, the vertical separation	355
distance shall be set at a depth from twenty-four to thirty-six	356
inches and shall not be lowered unless a reduction of vertical	357
separation is granted in accordance with rules adopted under	358
division (A)(3)(a)(iii) of this section.	359

(iii) The rules shall provide that no reduction in vertical	360
separation distances shall be approved by the director of health	361
for any sewage treatment system, or component thereof, until the	362
director has submitted the proposed reduction to the sewage	363
treatment system technical advisory committee created in section	364
3718.03 of the Revised Code for review and recommended approval.	365
Any reduction that decreases the vertical separation to less than	366
twelve inches shall require pretreatment of the sewage.	367

(iv) The rules shall provide that a board of health may	368
petition the director to increase the vertical separation distance	369
for a sewage treatment system when conditions present a high risk	370
of inadequate treatment or dispersal of sewage. The rules also	371
shall provide that the director may approve such a request upon a	372
demonstration by the board of health that unusual or unique local	373
conditions relating to terrain, bedrock, water table, soil	374
fragments, or soil textures require the establishment of greater	375
vertical separation distances within the jurisdiction of the	376
board of health or a portion thereof. If, under the rules, the	377
director approves a greater vertical separation distance, the	378
approval is subject to appeal in accordance with Chapter 119. of	379
the Revised Code. The rules shall allow a person who is denied	380
permission by a board of health to install or replace a sewage	381
treatment system on the ground that an appropriate vertical	382
separation distance cannot be achieved the opportunity to appeal	383
that decision of the board of health in accordance with Chapter	384
2506. of the Revised Code.	385

(b) Specifications for discharging systems that do not	386
conflict with provisions related tothe quality of treated sewage	387
effluent from household sewage treatment systems that is applied	388
to soil on the property where a household sewage treatment system	389
is located. The specifications established in the rules for the	390
quality of effluent from discharging systems shall comply with	391
discharge requirements imposed by the national pollutant	392
discharge elimination system permit program established inunder	393
section 6111.03 of the Revised Code and rules adopted under it;.	394

(c) Requirements for the maintenance of a system according to	395
the manufacturer's instructions, if available, including mandatory	396
requirements for service contracts or other arrangements that	397
assure regular maintenance and upkeep of the system;	398

(d) Requirements and procedures under which a person may	399
demonstrate the required maintenance of a system in lieu of having	400
an inspection conducted when an inspection otherwise is required.	401

The rules also shall require that a system that has been or	402
is sited or installed prior to or on the effective date of the	403
rules and that is operating on that date shall be deemed approved	404
unless the system is declared to be a public health nuisance by a	405
board of health.	406

(4) Prescribe procedures for notification to boards of health	407
of the approval of a sewage treatment system or components of a	408
system by the director of health under section 3718.04 of the	409
Revised Code;	410

(5) Prescribe criteria and procedures under which boards of	411
health shall issue installation andpermits, operation permits,	412
and alteration permits for sewage treatment systems. The rules	413
shall require as a condition of an installation permit that the	414
installer of a system must warrant that the system was installed	415
in accordance with all applicable rules and design requirements.	416
In addition, the rules shall require a board of health, not later	417
than sixty days after the issuance of an installation, operation,	418
or alteration permit, to certify tonotify the director on a form	419
provided by the director that the permit was issued. The rules	420
shall require the notification to be in a format prescribed by the	421
director and to include information related to the issuance of the	422
permit. With the assistance of the department of health, a board	423
of health, to the extent practicable, shall computerize the	424
process of the issuance of permits for sewage treatment systems.	425

(6) Require a board of health to inspect a sewage treatment	426
system not later than eighteentwelve months after its	427
installation to ensure that the system is operating properly. The	428
rules shall require a board of health, not later than sixty days	429
after the inspection, to certify to the director on a form	430
provided by the director that the inspection was performed.	431

(7) Require each board of health to develop a program for the	432
enforcement of maintenance requirements established in rules	433
adopted under division (A)(3)(c) of this section. The rules shall	434
authorize a board of health, upon reasonable prior notice, to	435
inspect any sewage treatment system if there is a complaint	436
regarding the system or there is probable cause for the	437
inspection. In addition, the rules shall authorize a board of	438
health to inspect a sewage treatment system without prior notice	439
in any instance in which the board has probable cause to believe	440
that the system is endangering or threatening to endanger public	441
health. The rules shall allow a board of health to continue an	442
inspection program that was established by the board prior to the	443
effective date of the rules.	444

(8) Require a board of health to register installers, service	445
providers, and septage haulers that perform work within the health	446
district; prescribe criteria and procedures for the registration;	447
and prescribe criteria for a demonstration of competency as a part	448
of the registration;. The rules shall establish uniform statewide	449
bonding requirements or other financial security requirements for	450
installers, service providers, and septage haulers as a condition	451
of registration within any health district. The rules shall	452
establish a methodology by which the required amount of a bond or	453
other security may be calculated for each installer, service	454
provider, and septage hauler. The methodology, at a minimum,	455
shall consider the number of systems installed or serviced and	456
the type of system installed or serviced by an installer, service	457
provider, or septage hauler on an annual basis. The rules shall	458
provide that no board of health shall require an additional or	459
different bond or security requirement as a condition of	460
registration beyond the bonding and security requirements	461
established in the rules adopted under division (A)(8) of this	462
section.	463

The rules shall establish a cost methodology for determining	464
the fee for the registration of an installer, service provider,	465
or septage hauler in any health district.	466

(8)(9) Prescribe requirements for the collection,	467
transportation, disposal, and land application of domestic septage	468
in this state from a sewage treatment system;	469

(9)(10) Require boards of health to maintain records that are	470
determined necessary to ascertain compliance with this chapter and	471
the rules adopted under it;	472

(10)(11) Require a board of health and the manufacturer of a	473
sewage treatment system, when possible,that is authorized for use	474
in this state in rules adopted under this section or that is	475
approved for use in this state under section 3718.04 of the	476
Revised Code to provide instructions for the operation and	477
maintenance of the system. The rules shall authorize the	478
instructions to be posted on the department of health's web site	479
and the manufacturer's web siteprovide that a board of health	480
may require a copy of a manufacturer's instructions for the	481
operation and maintenance of a system to be filed with the board	482
prior to the installation and use of the system in the health	483
district in which the board has jurisdiction. In addition, the	484
rules shall require a board of health and a manufacturer to	485
provide a copy of the operation and maintenance instructions, if	486
available, when a board of health or a manufacturer receives a	487
written request for instructions.	488

(11)(12) Prescribe criteria for the provision of written	489
evidence of compliance with rules pertaining to household sewage	490
treatment for purposes of sections 711.05 and 711.10 of the	491
Revised Code;	492

(12)(13) Prescribe standards for the siting, design,	493
installation, operation, monitoring, maintenance, and abandonment	494
of small flow on-site sewage treatment systems that may be used in	495
this state;	496

(14) Prescribe minimum criteria and procedures under which	497
boards of health may establish household sewage treatment district	498
management programs for the purpose of providing a responsive	499
approach toward preventing or solving sewage treatment problems	500
resulting from household sewage treatment systems within the	501
districts established under the program. For purposes of division	502
(A)(12)(14) of this section, a board of health may enter into a	503
contract with any entity to administer a household sewage	504
treatment district management program.	505

(13) Prescribe standards for the siting, design,	506
installation, operation, monitoring, maintenance, and abandonment	507
of small flow on-site sewage treatment systems that may be used in	508
this state.	509

(15) Prescribe standards for the use of subsurface drains to	510
remove any subsurface water from an area to be used for soil	511
absorption of sewage in the soil of a sewage treatment system;	512

(16) Authorize a board of health to require a property owner	513
whose property is serviced by a sewage treatment system to connect	514
to an available central sewer system under any of the following	515
circumstances and conditions:	516

(a) The central sewer system is located not more than three	517
hundred feet from the structure owned by the property owner	518
measured from the foundation of the structure to the right-of-way	519
where the central sewer system is located.	520

(b) There is an administrative or judicial order requiring	521
connection to a central sewer system.	522

(c) The property is the subject of a sewer assessment process	523
initiated by a county, municipal corporation, or other political	524
subdivision.	525

The rules shall provide that after a property owner is	526
required to connect to a central sewer system, the property owner	527
is prohibited from installing, replacing, or continuing to use a	528
sewage treatment system. The rules shall establish exceptions for	529
extenuating circumstances that allow a property owner to continue	530
to use a sewage treatment system.	531

The rules shall provide that if a property owner is required	532
to connect to a central sewer system, a board of health shall	533
afford the property owner a period of time not to exceed three	534
years to install the connection to the central sewer system. The	535
rules shall authorize a board of health to require connection to	536
a central sewer system within an expedited time frame if a sewage	537
treatment system owned by a property owner is causing a public	538
health nuisance and the cost of connection to a central sewer	539
system is not excessive.	540

Governmental entities constructing central sewer systems	541
shall construct the central sewer systems in a manner that	542
minimizes the distance between the foundations of the structures	543
to be serviced by the central sewer system and the connecting	544
point of the central sewer system. The rules shall provide that	545
a property owner that is required under rules to connect to a	546
municipal central sewer system not be required to submit to	547
annexation by the municipal corporation as a condition of	548
connecting to the municipal central sewer system.	549

A board of health shall not require the connection to a	550
central sewer system under rules adopted under division (A)(16) of	551
this section if a board of county commissioners has adopted a	552
resolution requiring connection under section 6117.51 of the	553
Revised Code.	554

(17) Prescribe standards for the inspection of septage	555
hauling truck tanks by boards of health, including, but not	556
limited to, tank seal safety specifications;	557

(18) Establish standards and testing methods to ensure that	558
all septic tanks, other disposal component tanks, dosing tanks,	559
pump vaults, household sewage treatment disposal system holding	560
tanks and privy vaults, or other applicable sewage disposal	561
system components manufactured after the effective date of this	562
section and used in this state are watertight and structurally	563
sound;	564

(19) Require a board of health to give notice and an	565
opportunity for a hearing to an affected property owner regarding	566
any of the following:	567

(a) The denial of an installation, operation, or alteration	568
permit for a sewage treatment system;	569

(b) The imposition of a condition on the installation of a	570
sewage treatment system;	571

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

572

The rules also shall establish procedures for giving such	573
notice and for conducting the hearing required in rules adopted	574
under division (A)(19) of this section.	575

(20) Prescribe standards for the regulation of gray water	576
recycling systems;	577

(21) Prohibit a sewage treatment system from causing a public	578
health nuisance;	579

(22) Define economic impact for purposes of division (B) of	580
this section and section 3718.022 of the Revised Code.	581

The council may adopt other rules under division (A) of this	582
section that it determines are necessary to implement this chapter	583
and to protect the public health and welfare.	584

At least sixty days prior to adopting a rule under division	585
(A) of this section, the council shall provide boards of health	586
and any other interested parties an opportunity to comment on the	587
rule.	588

(B)(1) In accordance with section 3709.20 or 3709.21 of the	589
Revised Code, as applicable, and subject to review by and approval	590
of the director under division (C) of section 3718.05 of the	591
Revised Code, a board of health may adopt rules necessary for the	592
public health providing for more stringent standards governing	593
household sewage treatment systems, installers, service providers,	594
or septage haulers than those established in rules of the public	595
health council adopted under division (A) of this section. AIn	596
proposing or adopting the rules, a board of health shall consider	597
and document the economic impact of the rules on property owners	598
within the applicable health district.	599

(2) A board that intends to adopt such rules shall notify	600
the department of health of the proposed rules and submit a copy	601
of the proposed rules at least ninety days prior to the proposed	602
date of adoption. The director shall approve or disapprove any	603
such proposed rule within ninety days after receiving notice of	604
it under this divisiona copy of the proposed rule from the	605
board of health. If the director fails to approve or disapprove a	606
proposed rule within ninety days after receiving notice of it,	607
the proposed rule shall be deemed approved.	608

(3) In reviewing a proposed rule, the director shall approve	609
the rule if all of the following apply:	610

(a) The proposed rule does not conflict with a rule adopted	611
by the public health council.	612

(b) The proposed rule is authorized by division (B) of this	613
section.	614

(c) The proposed rule is no less stringent than rules adopted	615
by the public health council.	616

(d) The proposed rule does not require design changes to a	617
sewage treatment system, or component thereof, that differ from	618
the design authorized in rules adopted under division (A) of this	619
section or approved by the director under section 3718.04 of the	620
Revised Code.	621

(e) The proposed rule does not require operation or	622
maintenance procedures for a sewage treatment system that conflict	623
with procedures authorized in rules adopted under division (A) of	624
this section or approved by the director under section 3718.04 of	625
the Revised Code or that conflict with operation or maintenance	626
instructions provided by the manufacturer of the system to the	627
director.	628

(4) If a board of health fails to submit a proposed rule to	629
the director or fails to demonstrate that the board has	630
considered the economic impact of the proposed rule, the rule	631
shall have no force or effect and is not enforceable.	632

Sec. 3718.023.  (A) A board of health shall approve or deny	633
the installation, operation, or alteration of sewage treatment	634
systems the use of which has been authorized in rules adopted	635
under section 3718.02 of the Revised Code or that have been	636
approved for use in this state by the director of health under	637
section 3718.04 of the Revised Code. The board shall approve an	638
installation, operation, or alteration only in the health district	639
in which the board has jurisdiction. A board shall approve the	640
installation, operation, or alteration of a sewage treatment	641
system through the issuance of a permit in accordance with rules	642
adopted under section 3718.02 of the Revised Code. A board shall	643
not approve the installation, operation, or alteration of a sewage	644
treatment system if the installation, operation, or alteration is	645
not appropriate for the site at which the use of the system is or	646
is proposed to be located. In determining whether to approve or	647
disapprove the installation, operation, or alteration of a sewage	648
treatment system, a board shall consider and document the economic	649
impact on the property owner, the state of available technology,	650
and the nature and economics of various alternatives. In addition,	651
the board shall ensure that a system, when installed and	652
maintained properly, will not create a public health nuisance,	653
shall ensure that a system will maintain long-term treatment of	654
sewage, and shall require a system to comply with the requirements	655
established in division (B) of this section and other applicable	656
requirements of this chapter.	657

The board shall permit a property owner to select a sewage	658
treatment system for use by the property owner from those systems	659
that have been approved for use in the state, from the least	660
expensive system to the most expensive system, and a property	661
owner may select any such system regardless of its cost,	662
provided that the system selected will comply with all	663
applicable requirements and standards established under this	664
chapter and rules adopted under it.	665

(B) A board of health shall ensure that the design and	666
installation of a soil absorption system prevents public health	667
nuisances and will maintain long-term treatment of sewage. In	668
addition, a board of health shall ensure that a sewage treatment	669
system that is installed after the effective date of this section	670
shall not discharge into a ditch, stream, pond, lake, natural or	671
artificial waterway, drain tile, or other surface water or onto	672
the surface of the ground unless authorized by a national	673
pollutant discharge elimination system permit issued under	674
Chapter 6111. of the Revised Code and rules adopted under it. In	675
addition, a board shall ensure that a sewage treatment system	676
shall not discharge into an abandoned well, a drainage well, a	677
dry well, a cesspool, a sinkhole, or another connection to ground	678
water. If a household sewage treatment system serving a two- or	679
three-family dwelling or a small flow on-site sewage treatment	680
system is classified as a class V injection well, a board of	681
health shall ensure that the system complies with rules adopted	682
under section 6111.043 of the Revised Code and with Chapter	683
3745-34 of the Administrative Code.	684

(C) For purposes of the approval or denial of the	685
installation, operation, or alteration of a sewage treatment	686
system under this section, "economic impact" means all of the	687
following, as applicable:	688

(1) The cost to the property owner for the installation of	689
the proposed sewage treatment system;	690

(2) The cost of an alternative system that, when installed	691
and maintained properly, will not create a public health nuisance	692
compared to the proposed sewage treatment system;	693

(3) The costs of repairing the sewage treatment system as	694
opposed to replacing the system with a new system.	695

Sec. 3718.024.  The director of health in cooperation with a	696
board of health shall assess the familiarity of the board's staff	697
with best management practices in the use of sewage treatment	698
systems, as necessary, and conduct appropriate training to educate	699
the board's staff in those best management practices and in the	700
use of any new sewage treatment system technology that is	701
recommended for use by the sewage treatment system technical	702
advisory committee created in section 3718.03 of the Revised Code.	703

Sec. 3718.025.  The environmental protection agency shall not	704
require a board of health to enter into a memorandum of	705
understanding or any other agreement with the agency regarding the	706
issuance of national pollutant discharge elimination system	707
permits for off-lot household sewage treatment systems. Rather, a	708
representative of a board of health may meet with a person who	709
intends to install such a system to determine the feasibility of	710
the system and refer the person to the agency to secure a national	711
pollutant discharge elimination system permit for the system if	712
needed. The environmental protection agency shall make revisions	713
to any applicable general national pollutant discharge elimination	714
system permits, issued pursuant to the federal Water Pollution	715
Control Act as defined in section 6111.01 of the Revised Code, so	716
that such a memorandum of understanding is not required. A board	717
of health voluntarily may enter into a memorandum of understanding	718
with the environmental protection agency to implement a general	719
national pollutant discharge elimination system permit. The agency	720
shall work with boards of health to facilitate securing national	721
pollutant discharge elimination system permits on behalf of	722
property owners in counties without a memorandum of understanding.	723

Sec. 3718.03. (A) There is hereby created the sewage	725
treatment system technical advisory committee consisting of the	726
director of health or the director's designee and tenthirteen	727
members who are knowledgeable about sewage treatment systems and	728
technologies. The director or the director's designee shall serve	729
as committee secretary and may vote on actions taken by the	730
committee. Of the tenthirteen members, fourfive shall be	731
appointed by the governor, threefour shall be appointed by	732
the president of the senate, and threefour shall be appointed	733
by the speaker of the house of representatives.	734

(1) Of the members appointed by the governor, one shall	735
represent academia and shall be active in teaching or research in	736
the area of on-site wastewater treatment, one shall be a	737
representative of the public who is not employed by the state or	738
any of its political subdivisions and who does not have a	739
pecuniary interest in household sewage treatment systems, one	740
shall be ana registered professional engineer fromemployed by	741
the environmental protection agency, and one shall be selected	742
from among soil scientists in the division of soil and water	743
conservation in the department of natural resources, and one shall	744
be a representative of a statewide organization representing	745
townships.	746

(2) Of the members appointed by the president of the senate,	747
one shall be a health commissioner who is a member of and	748
recommended by the association of Ohio health commissioners, one	749
shall represent the interests of manufacturers of household sewage	750
treatment systems, and one shall represent installers and service	751
providers, and one shall be a person with demonstrated experience	752
in the design of sewage treatment systems.	753

(3) Of the members appointed by the speaker of the house of	754
representatives, one shall be a health commissioner who is a	755
member of and recommended by the association of Ohio health	756
commissioners, one shall represent the interests of manufacturers	757
of household sewage treatment systems, and one shall be a	758
sanitarian who is registered under Chapter 4736. of the Revised	759
Code and who is a member of the Ohio environmental health	760
association, and one shall be a registered professional engineer	761
with experience in sewage treatment systems.	762

(B) Terms of members appointed to the committee shall be for	763
three years, with each term ending on the same day of the same	764
month as did the term that it succeeds. Each member shall serve	765
from the date of appointment until the end of the term for which	766
the member was appointed.	767

Members may be reappointed. Vacancies shall be filled in the	768
same manner as provided for original appointments. Any member	769
appointed to fill a vacancy occurring prior to the expiration date	770
of the term for which the member was appointed shall hold office	771
for the remainder of that term. A member shall continue to serve	772
after the expiration date of the member's term until the member's	773
successor is appointed or until a period of sixty days has	774
elapsed, whichever occurs first. The applicable appointing	775
authority may remove a member from the committee for failure to	776
attend two consecutive meetings without showing good cause for	777
the absences.	778

(C) The technical advisory committee annually shall select	779
from among its members a chairperson and a vice-chairperson and	780
a. The secretary toshall keep a record of its proceedings. A	781
majority vote of the members of the full committee is necessary	782
to take action on any matter. The committee may adopt bylaws	783
governing its operation, including bylaws that establish the	784
frequency of meetings.	785

(D) Serving as a member of the sewage treatment system	786
technical advisory committee does not constitute holding a public	787
office or position of employment under the laws of this state and	788
does not constitute grounds for removal of public officers or	789
employees from their offices or positions of employment. Members	790
of the committee shall serve without compensation for attending	791
committee meetings.	792

(E) A member of the committee shall not have a conflict of	793
interest with the position. For the purposes of this division,	794
"conflict of interest" means the taking of any action that	795
violates any provision of Chapter 102. or 2921. of the Revised	796
Code.	797

(F) The sewage treatment system technical advisory committee	798
shall do all of the following:	799

(1) Develop with the department of health standards and,	800
guidelines, and protocols for approving or disapproving a sewage	801
treatment system or components of a system under section 3718.04	802
of the Revised Code;. Any guideline requiring the submission of	803
scientific information or testing data shall specify, in writing,	804
the protocol and format to be used in submitting the information	805
or data.	806

(2) Develop with the department an application form to be	807
submitted to the director by an applicant for approval or	808
disapproval of a sewage treatment system or components of a system	809
and specify the information that must be included with an	810
application form;	811

(3) AdviseMake recommendations to the director onregarding	812
the approval or disapproval of an application sent to the	813
director under section 3718.04 of the Revised Code requesting	814
approval of a sewage treatment system or components of a system;	815

(4) Pursue and recruit in an active manner the research,	816
development, introduction, and timely approval of innovative and	817
cost-effective household sewage treatment systems and components	818
of a system for use in this state, which shall include conducting	819
pilot projects to assess the effectiveness of a system or	820
components of a system;	821

(5) By January 1, 2008, provide the household sewage and	822
small flow on-site sewage treatment system study commission	823
created by Am. Sub. H.B. 119 of the 127th general assembly with a	824
list of available alternative systems and the estimated cost of	825
each systemReview and, at the option of the committee, submit	826
comments regarding the proposed adoption, amendment, or rescission	827
of rules under division (A) of section 3718.02 of the Revised	828
Code.	829

(G) The chairperson of the committee shall prepare and	830
submit an annual report concerning the activities of the	831
committee to the general assembly not later than ninety days after	832
the end of the calendar year. The report shall discuss the number	833
of applications submitted under section 3718.04 of the Revised	834
Code for the approval of a new sewage treatment system or a	835
component of a system, the number of such systems and components	836
that were approved, any information that the committee considers	837
beneficial to the general assembly, and any other information that	838
the chairperson determines is beneficial to the general assembly.	839
If other members of the committee determine that certain	840
information should be included in the report, they shall submit	841
the information to the chairperson not later than thirty days	842
after the end of the calendar year.	843

(H) The department shall provide meeting space for the	844
committee. The committee shall be assisted in its duties by the	845
staff of the department.	846

(I) Sections 101.82 to 101.87 of the Revised Code do not	847
apply to the sewage treatment system technical advisory committee.	848

Sec. 3718.04.  (A) A manufacturer seeking approval for the	849
installation and use of a sewage treatment system or a component	850
of a system in this state that differs in design or function from	851
systems or components of systems the use of which is authorized in	852
rules adopted under section 3718.02 of the Revised Code shall	853
request an application form from the department of health. The	854
applicant shall complete the form and include with it all of the	855
information that is required by the department and the sewage	856
treatment system technical advisory committee. The applicant shall	857
submit a completed application and all required information to the	858
director of health.	859

(B) Upon receipt of an application, the director shall	860
examine the application and all accompanying information to	861
determine if the application is complete. If the director	862
determines that the application is not complete, the director	863
shall notify the applicant not later than fourteensixty days	864
after determiningsubmission of the application that the	865
application is not complete, provide a description of the	866
information that is missing from the application, and return the	867
application and all accompanying information to the applicant. The	868
applicant may resubmit the application to the director if the	869
application includes the information that was identified by the	870
director. Not later than fourteenthirty days after receipt of a	871
complete application, the director shall notify the committee of	872
the complete application and send a copy of the complete	873
application and all accompanying information to the committee	874
together with a request that the committee adviserecommend that	875
the director on the approvalapprove or disapproval ofdisapprove	876
the system.	877

Not later than ninety days after receipt of a complete	878
application, the committee shall recommend approval or disapproval	879
of the application and submit its recommendation in writing to the	880
director. The director shall approve or disapprove the application	881
not later than sixty days after the committee submits its	882
recommendation to the director or, if the committee fails to	883
recommend approval or disapproval within the required time, not	884
later than one hundred twenty days after the submission of a	885
complete application. If the director fails to approve or	886
disapprove an application within the required time, the	887
application shall be deemed approved.	888

(C) In approving or disapproving an application, the director	889
shall use the standards and, guidelines, and protocols that the	890
committee developed with the department for that purpose. The	891
director shall not approve an application that fails to comply	892
with those standards and, guidelines, and protocols. If the	893
committee advisesrecommends approval or disapproval of an	894
application, the director concerning the application, the director	895
shall consider the advicecommittee's recommendation before	896
approving or disapproving the application. However, ifIf the	897
committee fails to provide advice or if the committee fails to	898
provide advice within a reasonable period of time before the	899
director is required to approve or disapprove the application	900
recommend approval or disapproval of the application within the	901
required time, the director may approve or disapprove the	902
application without considering the advice of the committee. Not	903
later than ninety days after receipt of a complete application,	904
the director shall approve or disapprove the application in	905
writing. If the director fails to approve or disapprove the	906
application within that ninety-day period, the application shall	907
be deemed approvedThe director shall establish and include any	908
appropriate terms and conditions with the approval of a sewage	909
treatment system or component of a system for use in this state.	910
For purposes of establishing soil absorption specifications for a	911
sewage treatment system, the terms and conditions shall include	912
standards regarding the sizing of the system.	913

(D) If the director approves an application under this	914
section, the director shall notify the applicant in writing. The	915
director also shall notify boards of health in accordance with the	916
procedures established in rules adopted under section 3718.02 of	917
the Revised Code that the sewage treatment system or component of	918
a system that is the subject of the application is approved for	919
statewide use. If the director disapproves an application under	920
this section, the director shall notify the applicant in writing	921
and provide a brief explanation for the disapproval.	922

(E) Decisions of the director approving or disapproving	923
applications under this section may be appealed in accordance with	924
Chapter 119. of the Revised Code.	925

(F) No approval shall be required under this section with	926
respect to a sewage treatment system or component of a system that	927
has been approved by the director prior to the effective date of	928
this amendment unless the manufacturer of the system or component	929
changes the design or seeks modifications to any terms and	930
conditions of the prior approval.	931

(G) The director may revoke the approval of a sewage	932
treatment system or component of a system if the director finds,	933
based on substantial evidence, that the system or component fails	934
to comply with applicable standards for the system or component.	935
The revocation of an approval under this division may be appealed	936
in accordance with Chapter 119. of the Revised Code.	937

Sec. 3718.041. An installer or manufacturer of a sewage	938
treatment system or component of a system the use of which has	939
been authorized in rules adopted under section 3718.02 of the	940
Revised Code may request from the director of health a written	941
statement acknowledging that the system or component of a system	942
is approved for use in this state and that the approval is	943
equivalent in all respects to the approval of a system or	944
component of a system under section 3718.04 of the Revised Code.	945
The director may approve or deny such a request as the director	946
determines appropriate.	947

Sec. 3718.05. The director of health shall do all of the	948
following:	949

(A) Administer and enforce this chapter and the rules of the	950
public health council adopted under it;	951

(B) Examine records of boards of health, in accordance with	952
rules adopted by the council, that are determined necessary to	953
ascertain compliance with this chapter and rules adopted under it;	954

(C) Review and approve or disapprove rules proposed by boards	955
of health under division (B) of section 3718.02 of the Revised	956
Code. The director shall not disapprove a proposed rule unless the	957
director determines that the proposed rule conflicts with this	958
chapter or rules adopted under section 3718.02 of the Revised Code	959
by the public health council or fails to promote public health or	960
environmental protection. If the director disapproves a proposed	961
rule, the director shall provide a written explanation of the	962
director's disapproval to the board of health that proposed the	963
rule.	964

(D) Survey boards of health as required by section 3718.07 of	965
the Revised Code;	966

(E) Develop with the sewage treatment system technical	967
advisory committee standards and, guidelines, and protocols for	968
use by the director in approving or disapproving a sewage	969
treatment system under section 3718.04 of the Revised Code and an	970
application form for use by applicants for that approval,	971
including identification of the information that must be included	972
with the form;	973

(F) Provide instructions on the operation and maintenance of	974
a sewage treatment system. The director shall provide the	975
operation and maintenance instructions on the department of	976
health's web site. In addition, the director shall provide a copy	977
of the operation and maintenance instructions when the director	978
receives a written request for the instructions.	979

(G) Develop educational programs, in conjunction with boards	980
of health, to educate owners of sewage treatment systems regarding	981
the proper operation and maintenance of those systems.	982

Sec. 3718.06. (A)(1) A board of health shall establish fees	983
in accordance with section 3709.09 of the Revised Code for the	984
purpose of carrying out its duties under this chapter and rules	985
adopted under it, including a feefees for an installation permit	986
permits, operation permits, and alteration permits issued by the	987
board. All fees so established and collected by the board shall	988
be deposited in a special fund of the district to be used	989
exclusively by the board in carrying out those duties.	990

(2) In accordance with Chapter 119. of the Revised Code, the	991
public health council may establish by rule a fee to be collected	992
from applicants for installation permits, operation permits, and	993
alteration permits issued under rules adopted under this chapter.	994
The director of health shall use not more than seventy-five per	995
cent of the proceeds from that fee for administering and	996
enforcing this chapter and the rules adopted under it by the	997
council. The director shall use not less than twenty-five per	998
cent of the proceeds from that fee to establish a program in	999
cooperation with boards of health to fund installation and	1000
evaluation of sewage treatment system new technology pilot	1001
projects through grants or other agreements. In the selection of	1002
pilot projects, the director shall consult with the sewage	1003
treatment system technical advisory committee. A board of health	1004
shall collect the fee at the same time that it collects the fee	1005
established by it under division (A)(1) of this section for	1006
installation, operation, and alteration permits.	1007

Not later than sixty days after the last day of the month in	1008
which an installation, operation, or alteration permit is issued,	1009
a board shall certify the amount collected under division (A)(2)	1010
of this section and transmit the amount to the treasurer of	1011
state. All money so received shall be deposited in the state	1012
treasury to the credit of the general operations fund created in	1013
section 3701.83 of the Revised Code. The director shall use the	1014
money so credited solely for the administration and enforcement	1015
of this chapter and the rules adopted under it by the public	1016
health councilas required by this section.	1017

(B) The director may submit recommendations to the public	1018
health council regarding the amount of the fee collected under	1019
division (A)(2) of this section for installation, operation, and	1020
alteration permits. When making the recommendations, the director	1021
shall submit a report stating the current and projected expenses	1022
of administering and enforcing this chapter and the rules adopted	1023
under it by the counciland of the sewage treatment system new	1024
technology pilot projects program established under this section	1025
and the total of all money that has been deposited to the credit	1026
of the general operations fund under division (A)(2) of this	1027
section. The director may include in the report any	1028
recommendations for modifying the requirements established under	1029
this chapter and the rules adopted under it by the council.	1030

Sec. 3718.09. (A) A board of health may issue, modify,	1031
suspend, or revoke enforcement orders to a registration or permit	1032
holder or other person directing the holder or person to abate a	1033
violation of this chapter, any rule adopted or order issued under	1034
it, or a condition of a registration or permit issued under it	1035
within a specified, reasonable time. If an order issued under this	1036
division is neglected or disregarded, the applicable board of	1037
health may proceed in accordance with section 3707.02 of the	1038
Revised Code.	1039

(B) The health commissioner or the commissioner's designated	1040
representative, without prior notice or hearing and in accordance	1041
with the rules of the public health council, may issue an	1042
emergency order requiring any action necessary to meet a public	1043
health emergency or to prevent or abate an imminent and	1044
substantial threat to surface water or ground water regarding	1045
domestic septage management or regarding a sewage treatment	1046
system that is being operated in a manner that does not comply	1047
with this chapter or rules adopted under it. A person to whom	1048
such an emergency order is issued immediately shall comply with	1049
the order. A person so ordered may apply to the issuer of the	1050
order for a hearing, which shall be held as soon as possible,	1051
but not later than twenty days after the issuer's receipt of the	1052
application for a hearing.	1053

(C) The director of health may file an injunctive action in a	1054
court of competent jurisdiction against a board of health that	1055
allows a sewage treatment system to cause a public health	1056
nuisance, provided that the director provides reasonable notice to	1057
the board and an opportunity to abate the nuisance prior to filing	1058
the action.	1059

Sec. 6117.51.  If the board of health of the health district	1060
within which a new public sewer construction project is proposed	1061
or located passes a resolution stating that the reason for the	1062
project is to reduce or eliminate an existing health problem or a	1063
hazard of water pollution, the board of county commissioners of	1064
the county, by resolution, may order the owner of any premises	1065
located in a sewer district in the county, the owner's agent,	1066
lessee, or tenant, or any other occupant of the premises to	1067
connect the premises to the sewer for the purpose of discharging	1068
sewage or other waste that the board determines is originating on	1069
the premises, to make use of the connection, and to cease the	1070
discharge of the sewage or other waste into a cesspool, ditch,	1071
private sewer, privy, septic tank, semipublic disposal system as	1072
defined in division (B)(1)(a) of section 3709.085 of the Revised	1073
Code, or other outlet if the board finds that the sewer is	1074
available for use and is accessible to the premises following a	1075
determination and certification to the board by a registered	1076
professional engineer designated by it as to the availability and	1077
accessibility of the sewer. This section does not apply to any of	1078
the following:	1079

(A) Any discharge authorized by a permit issued under	1080
division (J) of section 6111.03 of the Revised Code other than a	1081
discharge to or from a semipublic disposal system as defined in	1082
division (B)(1)(a) of section 3709.085 of the Revised Code;	1083

(B) Wastes resulting from the keeping of animals;

1084

(C) Any premises that are not served by a common sewage	1085
collection system when the foundation wall of the structure from	1086
which sewage or other waste originates is more than twothree	1087
hundred feet from the nearest boundary of the right-of-way within	1088
which the sewer is located;	1089

(D) Any premises that are served by a common sewage	1090
collection system when both the foundation wall of the structure	1091
from which the sewage or other waste originates and the common	1092
sewage collection system are more than twothree hundred feet from	1093
the nearest boundary of the right-of-way within which the public	1094
sewer is located;	1095

(E) Any dwelling house located on property that is listed on	1096
the county's agricultural land tax list as being valued for tax	1097
purposes as land devoted exclusively to agricultural use under	1098
section 5713.31 of the Revised Code, when the foundation wall of	1099
the dwelling house is twothree hundred feet or less from the	1100
nearest boundary of the right-of-way within which the sewer is	1101
located, if both of the following also apply:	1102

(1) The sewer right-of-way for the property on which the	1103
dwelling house is located was obtained by appropriation due to a	1104
public exigency pursuant to division (B) of section 307.08,	1105
6101.181, 6115.211, 6117.39, or 6119.11 of the Revised Code.	1106

(2) The local health department has certified that the	1107
household sewage disposal system is functioning properly.	1108

The board shall not direct an order under this section to a	1109
resident tenant unless it determines that the terms of the tenancy	1110
are such that the owner lacks sufficient rights of access to	1111
permit the owner to comply with the terms of the order.	1112

An owner, agent, lessee, tenant, or occupant shall comply	1113
with the order of the board within ninety days after the	1114
completion of service of the order upon that person as provided in	1115
this section. The board, upon written application filed prior to	1116
the expiration of the ninety-day period, may waive compliance with	1117
any order either temporarily or permanently and conditionally or	1118
unconditionally.	1119

In its resolution, the board shall direct its clerk, or the	1120
clerk's designee, to serve its order upon the owner, agent,	1121
lessee, tenant, or occupant. Service of the order shall be made	1122
personally, by leaving the order at the usual place of residence	1123
with a person of suitable age and discretion then residing	1124
therein, or by certified mail addressed to the owner, agent,	1125
lessee, tenant, or occupant at that person's last known address or	1126
to the address to which tax bills are sent. If it appears by the	1127
return of service or the return of the order forwarded by	1128
certified mail that the owner, agent, lessee, tenant, or occupant	1129
cannot be found, that person shall be served by publication of the	1130
order once in a newspaper of general circulation within the	1131
county, or if that person refuses service, that person shall be	1132
served by ordinary mail addressed to that person's last known	1133
address or to the address to which tax bills are sent. The return	1134
of the person serving the order or a certified copy of the return,	1135
or a returned receipt for the order forwarded by certified mail	1136
accepted by the addressee or anyone purporting to act for the	1137
addressee, is prima-facie evidence of the service of the order	1138
under this section. The return of the person attempting to serve	1139
the order, or the return to the sender of the order forwarded by	1140
certified mail with an indication on the return of the refusal of	1141
the addressee to accept delivery, is prima-facie evidence of the	1142
refusal of service.	1143

No owner, agent, lessee, tenant, or occupant shall violate an	1144
order issued under this section. Upon request of the board, the	1145
prosecuting attorney shall prosecute in a court of competent	1146
jurisdiction any owner, agent, lessee, tenant, or occupant who	1147
violates an order issued under this section. Each day that a	1148
violation continues after conviction for the violation of an order	1149
issued under this section and the final determination thereof is a	1150
separate offense. The court, for good cause shown, may grant a	1151
reasonable additional period of time for compliance after	1152
conviction.	1153

Any owner, agent, lessee, tenant, or occupant violating an	1154
order issued under this section also may be enjoined from	1155
continuing in violation. Upon request of the board, the	1156
prosecuting attorney shall bring an action in a court of competent	1157
jurisdiction for an injunction against the owner, agent, lessee,	1158
tenant, or occupant violating an order.	1159

The Ohio water development authority created under section	1160
6121.02 of the Revised Code, in addition to its other powers, has	1161
the same power and shall be governed by the same procedures in a	1162
waste water facilities service area, or in any area adjacent to a	1163
public sewer operated by the authority, as a board of county	1164
commissioners in a county sewer district under this section,	1165
except that the authority shall act by order, and the attorney	1166
general, upon request of the authority, shall prosecute any person	1167
who violates an order of the authority issued under this section.	1168

Section 2.  That existing sections 711.05, 711.10, 3718.01,	1169
3718.02, 3718.03, 3718.04, 3718.05, 3718.06, 3718.09, and 6117.51	1170
of the Revised Code are hereby repealed.	1171

Section 3. That Section 120.05 of Am. Sub. H.B. 119 of the	1172
127th General Assembly be amended to read as follows:	1173

Sec. 120.05. Sections 120.03 and 120.04 of Am. Sub. H.B. 119	1174
of the 127th General Assembly take effect on July 1, 2009the	1175
effective date of S.B. .... of the 128th General Assembly.	1176

Section 4. That existing Section 120.05 of Am. Sub. H.B. 119	1177
of the 127th General Assembly is hereby repealed.	1178

Section 5. That Section 120.01 of Am. Sub. H.B. 119 of the	1179
127th General Assembly is hereby repealed.	1180

Section 6. The purpose of Section 5 of this act is to provide	1181
for reinstating the operation of sections 3718.02, 3718.05,	1182
3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441	1183
of the Revised Code on the effective date of this act rather than	1184
on July 1, 2009, as provided in Section 120.01 of Am. Sub. H.B.	1185
119 of the 127th General Assembly.	1186

Section 7. That Section 120.02 of Am. Sub. H.B. 119 of the	1187
127th General Assembly is hereby repealed.	1188

Section 8. That sections 711.05 and 711.10 of the Revised	1189
Code, which are scheduled to take effect on July 1, 2009, be	1190
amended to read as follows:	1191

Sec. 711.05.  (A) Upon the submission of a plat for approval,	1192
in accordance with section 711.041 of the Revised Code, the board	1193
of county commissioners shall certify on it the date of the	1194
submission. Within five days of submission of the plat, the board	1195
shall schedule a meeting to consider the plat and send a written	1196
notice by regular mail to the fiscal officer of the board of	1197
township trustees of the township in which the plat is located and	1198
the board of health of the health district in which the plat is	1199
located. The notice shall inform the trustees and the board of	1200
health of the submission of the plat and of the date, time, and	1201
location of any meeting at which the board of county commissioners	1202
will consider or act upon the proposed plat. The meeting shall	1203
take place within thirty days of submission of the plat, and no	1204
meeting shall be held until at least seven days have passed from	1205
the date the notice was sent by the board of county commissioners.	1206
The approval of the board required by section 711.041 of the	1207
Revised Code or the refusal to approve shall take place within	1208
thirty days from the date of submission or such further time as	1209
the applying party may agree to in writing; otherwise, the plat is	1210
deemed approved and may be recorded as if bearing such approval.	1211

(B) The board may adopt general rules governing plats and	1212
subdivisions of land falling within its jurisdiction, to secure	1213
and provide for the coordination of the streets within the	1214
subdivision with existing streets and roads or with existing	1215
county highways, for the proper amount of open spaces for traffic,	1216
circulation, and utilities, and for the avoidance of future	1217
congestion of population detrimental to the public health, safety,	1218
or welfare, but shall not impose a greater minimum lot area than	1219
forty-eight hundred square feet. Before the board may amend or	1220
adopt rules, it shall notify all the townships in the county of	1221
the proposed amendments or rules by regular mail at least thirty	1222
days before the public meeting at which the proposed amendments or	1223
rules are to be considered.	1224

The rules may require the board of health to review and	1225
comment on a plat before the board of county commissioners acts	1226
upon it and may also require proof of compliance with any	1227
applicable zoning resolutions, and with household sewage	1228
treatment rules adopted under section 3718.02 of the Revised	1229
Code, as a basis for approval of a plat. Where under section	1230
711.101 of the Revised Code the board of county commissioners has	1231
set up standards and specifications for the construction of	1232
streets, utilities, and other improvements for common use, the	1233
general rules may require the submission of appropriate plans and	1234
specifications for approval. The board shall not require the	1235
person submitting the plat to alter the plat or any part of it as	1236
a condition for approval, as long as the plat is in accordance	1237
with general rules governing plats and subdivisions of land,	1238
adopted by the board as provided in this section, in effect at	1239
the time the plat was submitted and the plat is in accordance	1240
with any standards and specifications set up under section	1241
711.101 of the Revised Code, in effect at the time the plat was	1242
submitted.	1243

(C) The ground of refusal to approve any plat, submitted in	1244
accordance with section 711.041 of the Revised Code, shall be	1245
stated upon the record of the board, and, within sixty days	1246
thereafter, the person submitting any plat that the board refuses	1247
to approve may file a petition in the court of common pleas of the	1248
county in which the land described in the plat is situated to	1249
review the action of the board. A board of township trustees is	1250
not entitled to appeal a decision of the board of county	1251
commissioners under this section.	1252

Sec. 711.10. (A) Whenever a county planning commission or a	1253
regional planning commission adopts a plan for the major streets	1254
or highways of the county or region, no plat of a subdivision of	1255
land within the county or region, other than land within a	1256
municipal corporation or land within three miles of a city or one	1257
and one-half miles of a village as provided in section 711.09 of	1258
the Revised Code, shall be recorded until it is approved by the	1259
county or regional planning commission under division (C) of this	1260
section and the approval is endorsed in writing on the plat.	1261

(B) A county or regional planning commission may require the	1262
submission of a preliminary plan for each plat sought to be	1263
recorded. If the commission requires this submission, it shall	1264
provide for a review process for the preliminary plan. Under this	1265
review process, the planning commission shall give its approval,	1266
its approval with conditions, or its disapproval of each	1267
preliminary plan. The commission's decision shall be in writing,	1268
shall be under the signature of the secretary of the commission,	1269
and shall be issued within thirty-five business days after the	1270
submission of the preliminary plan to the commission. The	1271
disapproval of a preliminary plan shall state the reasons for the	1272
disapproval. A decision of the commission under this division is	1273
preliminary to and separate from the commission's decision to	1274
approve, conditionally approve, or refuse to approve a plat under	1275
division (C) of this section.	1276

(C) Within five calendar days after the submission of a plat	1277
for approval under this division, the county or regional planning	1278
commission shall schedule a meeting to consider the plat and send	1279
a notice by regular mail or by electronic mail to the fiscal	1280
officer of the board of township trustees of the township in which	1281
the plat is located and the board of health of the health district	1282
in which the plat is located. The notice shall inform the trustees	1283
and the board of health of the submission of the plat and of the	1284
date, time, and location of any meeting at which the county or	1285
regional planning commission will consider or act upon the plat.	1286
The meeting shall take place within thirty calendar days after	1287
submission of the plat, and no meeting shall be held until at	1288
least seven calendar days have passed from the date the planning	1289
commission sent the notice.	1290

The approval of the county or regional planning commission,	1291
the commission's conditional approval as described in this	1292
division, or the refusal of the commission to approve shall be	1293
endorsed on the plat within thirty calendar days after the	1294
submission of the plat for approval under this division or within	1295
such further time as the applying party may agree to in writing;	1296
otherwise that plat is deemed approved, and the certificate of the	1297
commission as to the date of the submission of the plat for	1298
approval under this division and the failure to take action on it	1299
within that time shall be sufficient in lieu of the written	1300
endorsement or evidence of approval required by this division.	1301

A county or regional planning commission may grant	1302
conditional approval under this division to a plat by requiring a	1303
person submitting the plat to alter the plat or any part of it,	1304
within a specified period after the end of the thirty calendar	1305
days, as a condition for final approval under this division. Once	1306
all the conditions have been met within the specified period, the	1307
commission shall cause its final approval under this division to	1308
be endorsed on the plat. No plat shall be recorded until it is	1309
endorsed with the commission's final or unconditional approval	1310
under this division.	1311

The ground of refusal of approval of any plat submitted under	1312
this division, including citation of or reference to the rule	1313
violated by the plat, shall be stated upon the record of the	1314
county or regional planning commission. Within sixty calendar days	1315
after the refusal under this division, the person submitting any	1316
plat that the commission refuses to approve under this division	1317
may file a petition in the court of common pleas of the proper	1318
county, and the proceedings on the petition shall be governed by	1319
section 711.09 of the Revised Code as in the case of the refusal	1320
of a planning authority to approve a plat. A board of township	1321
trustees is not entitled to appeal a decision of the commission	1322
under this division.	1323

A county or regional planning commission shall adopt general	1324
rules, of uniform application, governing plats and subdivisions of	1325
land falling within its jurisdiction, to secure and provide for	1326
the proper arrangement of streets or other highways in relation to	1327
existing or planned streets or highways or to the county or	1328
regional plan, for adequate and convenient open spaces for	1329
traffic, utilities, access of firefighting apparatus, recreation,	1330
light, and air, and for the avoidance of congestion of population.	1331
The rules may provide for their modification by the commission in	1332
specific cases where unusual topographical and other exceptional	1333
conditions require the modification. The rules may require the	1334
board of health to review and comment on a plat before the	1335
commission acts upon it and also may require proof of compliance	1336
with any applicable zoning resolutions, and with household sewage	1337
treatment rules adopted under section 3718.02 of the Revised	1338
Code, as a basis for approval of a plat.	1339

Before adoption of its rules or amendment of its rules, the	1340
commission shall hold a public hearing on the adoption or	1341
amendment. Notice of the public hearing shall be sent to all	1342
townships in the county or region by regular mail or electronic	1343
mail at least thirty business days before the hearing. No county	1344
or regional planning commission shall adopt any rules requiring	1345
actual construction of streets or other improvements or facilities	1346
or assurance of that construction as a condition precedent to the	1347
approval of a plat of a subdivision unless the requirements have	1348
first been adopted by the board of county commissioners after a	1349
public hearing. A copy of the rules shall be certified by the	1350
planning commission to the county recorders of the appropriate	1351
counties.	1352

After a county or regional street or highway plan has been	1353
adopted as provided in this section, the approval of plats and	1354
subdivisions provided for in this section shall be in lieu of any	1355
approvals provided for in other sections of the Revised Code,	1356
insofar as the territory within the approving jurisdiction of the	1357
county or regional planning commission, as provided in this	1358
section, is concerned. Approval of a plat shall not be an	1359
acceptance by the public of the dedication of any street, highway,	1360
or other way or open space shown upon the plat.	1361

No county or regional planning commission shall require a	1362
person submitting a plat to alter the plat or any part of it as	1363
long as the plat is in accordance with the general rules governing	1364
plats and subdivisions of land, adopted by the commission as	1365
provided in this section, in effect at the time the plat is	1366
submitted.	1367

A county or regional planning commission and a city or	1368
village planning commission, or platting commissioner or	1369
legislative authority of a village, with subdivision regulation	1370
jurisdiction over unincorporated territory within the county or	1371
region may cooperate and agree by written agreement that the	1372
approval of a plat by the city or village planning commission, or	1373
platting commissioner or legislative authority of a village, as	1374
provided in section 711.09 of the Revised Code, shall be	1375
conditioned upon receiving advice from or approval by the county	1376
or regional planning commission.	1377

(D) As used in this section, "business day" means a day of	1378
the week excluding Saturday, Sunday, or a legal holiday as defined	1379
in section 1.14 of the Revised Code.	1380

Section 9. That existing sections 711.05 and 711.10 of the	1381
Revised Code, which are scheduled to take effect on July 1, 2009,	1382
are hereby repealed.	1383

Section 10. Sections 8 and 9 of this act take effect July 1,	1384
2009.	1385

Section 11. Not later than thirty days after the effective	1386
date of this section, the Governor, President of the Senate, and	1387
Speaker of the House of Representatives shall appoint the new	1388
members to the Sewage Treatment System Technical Advisory	1389
Committee that are required to be appointed under section 3718.03	1390
of the Revised Code as amended by this act.	1391

The Governor shall appoint the person representing a	1392
statewide organization representing townships for an initial term	1393
of one year. Thereafter, the person appointed to that position	1394
shall be appointed to a three-year term as required by section	1395
3718.03 of the Revised Code.	1396

The President of the Senate shall appoint the person who is	1397
required to have demonstrated experience in the design of	1398
household sewage treatment systems for an initial term of two	1399
years. Thereafter, the person appointed to that position shall be	1400
appointed to a three-year term as required by section 3718.03 of	1401
the Revised Code.	1402

The Speaker of the House of Representatives shall appoint the	1403
person that is required to be a registered professional engineer	1404
with experience in sewage treatment systems for an initial term of	1405
three years. Thereafter, the person appointed to that position	1406
shall be appointed to a three-year term as required by section	1407
3718.03 of the Revised Code.	1408

Section 12. This act is hereby declared to be an emergency	1409
measure necessary for the immediate preservation of the public	1410
peace, health, and safety. The reason for such necessity is that	1411
provisions of law that were suspended by the enactment of Am. Sub.	1412
H.B. 119 of the 127th General Assembly are scheduled to be	1413
reinstated on July 1, 2009, and this act is necessary to revise	1414
the law governing sewage treatment systems prior to that date.	1415
Therefore, this act shall go into immediate effect.	1416