As Passed by the Senate

128th General Assembly Regular Session 2009-2010

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 

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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, 3718.012,

3

3718.023, 3718.024, 3718.025, 3718.041, and

4

3718.11 of the Revised Code to revise the

5

Household Sewage and Small Flow On-Site Sewage

6

Treatment Systems Law, and to amend Section 3 of

7

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

8

extend the date by which the report of the Great

9

Lakes-St. Lawrence River Basin Water Resources

10

Compact Advisory Board is due.

11

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, 3718.09, and 6117.51 be	13
amended and sections 3718.011, 3718.012, 3718.023, 3718.024,	14
3718.025, 3718.041, and 3718.11 of the Revised Code be enacted to	15
read as 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) Authorize a board of health to require a property owner	558
whose property is serviced by a sewage treatment system to connect	559
to an available central sewer system under any of the following	560
circumstances and conditions:	561

(a) The central sewer system is located not more than three	562
hundred feet from the structure owned by the property owner	563
measured from the foundation of the structure to the right-of-way	564
where the central sewer system is located.	565

(b) There is an administrative or judicial order requiring	566
connection to a central sewer system.	567

(c) The property is the subject of a sewer assessment process	568
initiated by a county, municipal corporation, or other political	569
subdivision.	570

The rules shall provide that after a property owner is	571
required to connect to a central sewer system, the property owner	572
is prohibited from installing, replacing, or continuing to use a	573
sewage treatment system. The rules shall establish exceptions for	574
extenuating circumstances that allow a property owner to continue	575
to use a sewage treatment system.	576

The rules shall provide that if a property owner is required	577
to connect to a central sewer system, a board of health shall	578
afford the property owner a period of time not to exceed three	579
years to install the connection to the central sewer system. The	580
rules shall authorize a board of health to require connection to a	581
central sewer system within an expedited time frame if a sewage	582
treatment system owned by a property owner is causing a public	583
health nuisance and the cost of connection to a central sewer	584
system is not excessive.	585

Governmental entities constructing central sewer systems	586
shall construct the central sewer systems in a manner that	587
minimizes the distance between the foundations of the structures	588
to be serviced by the central sewer system and the connecting	589
point of the central sewer system. The rules shall provide that a	590
property owner that is required under rules to connect to a	591
municipal central sewer system not be required to submit to	592
annexation by the municipal corporation as a condition of	593
connecting to the municipal central sewer system. However, if, on	594
or before July 1, 2010, a municipal corporation has entered into a	595
sewer service agreement with a sewer service provider and the	596
agreement requires annexation as a condition for allowing	597
connection to a municipal central sewer system, a property owner	598
may be required to submit to annexation by the municipal	599
corporation as a condition for connecting to the municipal central	600
sewer system.	601

A board of health shall not require the connection to a	602
central sewer system under rules adopted under division (A)(16) of	603
this section if a board of county commissioners has adopted a	604
resolution requiring connection under section 6117.51 of the	605
Revised Code.	606

(17) Prescribe standards for the inspection of septage	607
hauling truck tanks by boards of health, including, but not	608
limited to, tank seal safety specifications;	609

(18) Establish standards and testing methods to ensure that	610
all septic tanks, other disposal component tanks, dosing tanks,	611
pump vaults, household sewage treatment disposal system holding	612
tanks and privy vaults, or other applicable sewage disposal system	613
components manufactured after the effective date of this section	614
and used in this state are watertight and structurally sound;	615

(19) Require a board of health to give notice and an	616
opportunity for a hearing, pursuant to section 3718.11 of the	617
Revised Code, to an affected property owner regarding any of the	618
following:	619

(a) The denial of an installation, operation, or alteration	620
permit for a sewage treatment system;	621

(b) The imposition of a condition on the installation of a	622
sewage treatment system;	623

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

624

(d) Any other final order or decision of a board of health	625
that is made under this chapter concerning which a property owner	626
is claiming to be aggrieved or adversely affected.	627

The rules also shall establish procedures for giving such	628
notice and for conducting the hearing required in rules adopted	629
under division (A)(19) of this section.	630

(20) Prescribe standards for the regulation of gray water	631
recycling systems;	632

(21) Prohibit a sewage treatment system from causing a public	633
health nuisance;	634

(22) Define economic impact for purposes of division (B) of	635
this section and section 3718.022 of the Revised Code.	636

The council may adopt other rules under division (A) of this	637
section that it determines are necessary to implement this chapter	638
and to protect the public health and welfare.	639

At least sixty days prior to adopting a rule under division	640
(A) of this section, the council shall provide boards of health	641
and any other interested parties an opportunity to comment on the	642
rule.	643

(B)(1) In accordance with section 3709.20 or 3709.21 of the	644
Revised Code, as applicable, and subject to review by and approval	645
of the director under division (C) of section 3718.05 of the	646
Revised Code, a board of health may adopt rules necessary for the	647
public health providing for more stringent standards governing	648
household sewage treatment systems, installers, service providers,	649
or septage haulers than those established in rules of the public	650
health council adopted under division (A) of this section. AIn	651
proposing or adopting the rules, a board of health shall consider	652
and document the economic impact of the rules on property owners	653
within the applicable health district.	654

(2) A board that intends to adopt such rules shall notify the	655
department of health of the proposed rules and submit a copy of	656
the proposed rules and the documentation of the economic impact of	657
the rules at least ninety days prior to the proposed date of	658
adoption. The director shall approve or disapprove any such	659
proposed rule within ninety days after receiving notice of it	660
under this divisiona copy of the proposed rule from the board of	661
health. If the director fails to approve or disapprove a proposed	662
rule within ninety days after receiving notice of it, the proposed	663
rule shall be deemed approved.	664

(3) In reviewing a proposed rule, the director shall approve	665
the rule if all of the following apply:	666

(a) The proposed rule is not in conflict with this chapter or	667
rules adopted under it.	668

(b) The proposed rule is authorized by division (B) of this	669
section.	670

(c) The proposed rule is no less stringent than rules adopted	671
by the public health council.	672

(d) Unless otherwise authorized by this chapter or rules	673
adopted under it, the proposed rule does not require design	674
changes to a sewage treatment system, or component thereof, that	675
differ from a design authorized in rules adopted under division	676
(A) of this section, including rules adopted under division (A)(1)	677
or (A)(3)(a)(iii) or (iv) of this section, or approved by the	678
director under section 3718.04 of the Revised Code.	679

(e) The proposed rule does not require operation or	680
maintenance procedures for a sewage treatment system that conflict	681
with operation or maintenance procedures authorized in rules	682
adopted under division (A) of this section, including rules	683
adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this	684
section, or approved by the director under section 3718.04 of the	685
Revised Code.	686

(4) If a board of health fails to submit a proposed rule to	687
the director or fails to demonstrate that the board has considered	688
the economic impact of the proposed rule, the rule shall have no	689
force or effect and is not enforceable.	690

Sec. 3718.023.  (A) In accordance with rules adopted under	691
division (A) of section 3718.02 of the Revised Code, a board of	692
health shall approve or deny the installation, operation, or	693
alteration of sewage treatment systems the use of which has been	694
authorized in those rules or that have been approved for use in	695
this state by the director of health under section 3718.04 of the	696
Revised Code. The board shall approve an installation, operation,	697
or alteration only in the health district in which the board has	698
jurisdiction. A board shall approve the installation, operation,	699
or alteration of a sewage treatment system through the issuance of	700
a permit in accordance with rules adopted under section 3718.02 of	701
the Revised Code. A board shall not approve the installation,	702
operation, or alteration of a sewage treatment system if the	703
installation, operation, or alteration is not appropriate for the	704
site at which the use of the system is or is proposed to be	705
located. In determining whether to approve or disapprove the	706
installation, operation, or alteration of a sewage treatment	707
system, including the progressive or incremental installation or	708
alteration of a system, a board shall consider the economic impact	709
on the property owner, the state of available technology, and the	710
nature and economics of various alternatives. A board shall	711
provide written documentation of such economic impact if requested	712
by the property owner. In addition, the board shall ensure that a	713
system, when installed and maintained properly, will not create a	714
public health nuisance and shall require a system to comply with	715
the requirements established in division (B) of this section and	716
other applicable requirements of this chapter.	717

The board shall permit a property owner to select a sewage	718
treatment system for use by the property owner from those systems	719
that have been approved for use in the state, from the least	720
expensive system to the most expensive system, and a property	721
owner may select any such system regardless of its cost, provided	722
that the system selected will comply with all applicable	723
requirements and standards established under this chapter and	724
rules adopted under it.	725

(B) A board of health shall ensure that the design and	726
installation of a soil absorption system prevents public health	727
nuisances. In addition, a board of health shall ensure that a	728
sewage treatment system that is installed after the effective date	729
of this section shall not discharge into a ditch, stream, pond,	730
lake, natural or artificial waterway, drain tile, or other surface	731
water or onto the surface of the ground unless authorized by a	732
national pollutant discharge elimination system permit issued	733
under Chapter 6111. of the Revised Code and rules adopted under	734
it. In addition, a board shall ensure that a sewage treatment	735
system shall not discharge into an abandoned well, a drainage	736
well, a dry well, a cesspool, a sinkhole, or another connection to	737
ground water. If a household sewage treatment system serving a	738
two- or three-family dwelling or a small flow on-site sewage	739
treatment system is classified as a class V injection well, a	740
board of health shall ensure that the system complies with rules	741
adopted under section 6111.043 of the Revised Code and with	742
Chapter 3745-34 of the Administrative Code.	743

(C) For purposes of the approval or denial of the	744
installation, operation, or alteration of a sewage treatment	745
system under this section, "economic impact" means all of the	746
following, as applicable:	747

(1) The cost to the property owner for the installation of	748
the proposed sewage treatment system, including the cost of	749
progressive or incremental installation of the system;	750

(2) The cost of an alternative system, including the cost of	751
progressive or incremental installation of the system, that, when	752
installed and maintained properly, will not create a public health	753
nuisance compared to the proposed sewage treatment system;	754

(3) The costs of repairing the sewage treatment system,	755
including the cost of progressive or incremental repairs, as	756
opposed to replacing the system with a new system.	757

(D) An application for an installation permit that is	758
accepted by a board of health prior to January 1, 2012, shall be	759
valid for three years from the date of the submission of the	760
complete application and the accompanying application fee.	761

(E) An installation permit issued by a board of health prior	762
to January 1, 2012, shall be valid until January 1, 2013, unless	763
extended by a board of health for not more than an additional six	764
months.	765

Sec. 3718.024.  The director of health in cooperation with a	766
board of health shall assess the familiarity of the board's staff	767
with best management practices in the use of sewage treatment	768
systems, as necessary, and conduct appropriate training to educate	769
the board's staff in those best management practices and in the	770
use of any new sewage treatment system technology that is	771
recommended for use by the sewage treatment system technical	772
advisory committee created in section 3718.03 of the Revised Code.	773

Sec. 3718.025.  The environmental protection agency shall not	774
require a board of health to enter into a memorandum of	775
understanding or any other agreement with the agency regarding the	776
issuance of national pollutant discharge elimination system	777
permits for off-lot household sewage treatment systems. Rather, a	778
representative of a board of health may meet with a person who	779
intends to install such a system to determine the feasibility of	780
the system and refer the person to the agency to secure a national	781
pollutant discharge elimination system permit for the system if	782
needed. The environmental protection agency shall make revisions	783
to any applicable general national pollutant discharge elimination	784
system permits, issued pursuant to the federal Water Pollution	785
Control Act as defined in section 6111.01 of the Revised Code, so	786
that such a memorandum of understanding is not required. A board	787
of health voluntarily may enter into a memorandum of understanding	788
with the environmental protection agency to implement a general	789
national pollutant discharge elimination system permit. The agency	790
shall work with boards of health to facilitate securing national	791
pollutant discharge elimination system permits on behalf of	792
property owners in counties without a memorandum of understanding.	793

Sec. 3718.03. (A) There is hereby created the sewage	794
treatment system technical advisory committee consisting of the	795
director of health or the director's designee and tenthirteen	796
members who are knowledgeable about sewage treatment systems and	797
technologies. The director or the director's designee shall serve	798
as committee secretary and may vote on actions taken by the	799
committee. Of the tenthirteen members, fourfive shall be	800
appointed by the governor, threefour shall be appointed by the	801
president of the senate, and threefour shall be appointed by the	802
speaker of the house of representatives.	803

(1) Of the members appointed by the governor, one shall	804
represent academia and shall be active in teaching or research in	805
the area of on-site wastewater treatment, one shall be a	806
representative of the public who is not employed by the state or	807
any of its political subdivisions and who does not have a	808
pecuniary interest in household sewage treatment systems, one	809
shall be ana registered professional engineer fromemployed by	810
the environmental protection agency, and one shall be selected	811
from among soil scientists in the division of soil and water	812
resources in the department of natural resources, and one shall be	813
a representative of a statewide organization representing	814
townships.	815

(2) Of the members appointed by the president of the senate,	816
one shall be a health commissioner who is a member of and	817
recommended by the association of Ohio health commissioners, one	818
shall represent the interests of manufacturers of household sewage	819
treatment systems, and one shall represent installers and service	820
providers, and one shall be a person with demonstrated experience	821
in the design of sewage treatment systems.	822

(3) Of the members appointed by the speaker of the house of	823
representatives, one shall be a health commissioner who is a	824
member of and recommended by the association of Ohio health	825
commissioners, one shall represent the interests of manufacturers	826
of household sewage treatment systems, and one shall be a	827
sanitarian who is registered under Chapter 4736. of the Revised	828
Code and who is a member of the Ohio environmental health	829
association, and one shall be a registered professional engineer	830
with experience in sewage treatment systems.	831

(B) Terms of members appointed to the committee shall be for	832
three years, with each term ending on the same day of the same	833
month as did the term that it succeeds. Each member shall serve	834
from the date of appointment until the end of the term for which	835
the member was appointed.	836

Members may be reappointed. Vacancies shall be filled in the	837
same manner as provided for original appointments. Any member	838
appointed to fill a vacancy occurring prior to the expiration date	839
of the term for which the member was appointed shall hold office	840
for the remainder of that term. A member shall continue to serve	841
after the expiration date of the member's term until the member's	842
successor is appointed or until a period of sixty days has	843
elapsed, whichever occurs first. The applicable appointing	844
authority may remove a member from the committee for failure to	845
attend two consecutive meetings without showing good cause for the	846
absences.	847

(C) The technical advisory committee annually shall select	848
from among its members a chairperson and a vice-chairperson and a.	849
The secretary toshall keep a record of its proceedings. A	850
majority vote of the members of the full committee is necessary to	851
take action on any matter. The committee may adopt bylaws	852
governing its operation, including bylaws that establish the	853
frequency of meetings.	854

(D) Serving as a member of the sewage treatment system	855
technical advisory committee does not constitute holding a public	856
office or position of employment under the laws of this state and	857
does not constitute grounds for removal of public officers or	858
employees from their offices or positions of employment. Members	859
of the committee shall serve without compensation for attending	860
committee meetings.	861

(E) A member of the committee shall not have a conflict of	862
interest with the position. For the purposes of this division,	863
"conflict of interest" means the taking of any action that	864
violates any provision of Chapter 102. or 2921. of the Revised	865
Code.	866

(F) The sewage treatment system technical advisory committee	867
shall do all of the following:	868

(1) Develop with the department of health standards and,	869
guidelines, and protocols for approving or disapproving a sewage	870
treatment system or components of a system under section 3718.04	871
of the Revised Code;. Any guideline requiring the submission of	872
scientific information or testing data shall specify, in writing,	873
the protocol and format to be used in submitting the information	874
or data.	875

(2) Develop with the department an application form to be	876
submitted to the director by an applicant for approval or	877
disapproval of a sewage treatment system or components of a system	878
and specify the information that must be included with an	879
application form;	880

(3) AdviseMake recommendations to the director onregarding	881
the approval or disapproval of an application sent to the director	882
under section 3718.04 of the Revised Code requesting approval of a	883
sewage treatment system or components of a system;	884

(4) Pursue and recruit in an active manner the research,	885
development, introduction, and timely approval of innovative and	886
cost-effective household sewage treatment systems and components	887
of a system for use in this state, which shall include conducting	888
pilot projects to assess the effectiveness of a system or	889
components of a system;	890

(5) By January 1, 2008, provide the household sewage and	891
small flow on-site sewage treatment system study commission	892
created by Am. Sub. H.B. 119 of the 127th general assembly with a	893
list of available alternative systems and the estimated cost of	894
each system.	895

(G) The chairperson of the committee shall prepare and submit	896
an annual report concerning the activities of the committee to the	897
general assembly not later than ninety days after the end of the	898
calendar year. The report shall discuss the number of applications	899
submitted under section 3718.04 of the Revised Code for the	900
approval of a new sewage treatment system or a component of a	901
system, the number of such systems and components that were	902
approved, any information that the committee considers beneficial	903
to the general assembly, and any other information that the	904
chairperson determines is beneficial to the general assembly. If	905
other members of the committee determine that certain information	906
should be included in the report, they shall submit the	907
information to the chairperson not later than thirty days after	908
the end of the calendar year.	909

(H) The department shall provide meeting space for the	910
committee. The committee shall be assisted in its duties by the	911
staff of the department.	912

(I) Sections 101.82 to 101.87 of the Revised Code do not	913
apply to the sewage treatment system technical advisory committee.	914

Sec. 3718.04.  (A) A manufacturer seeking approval for the	915
installation and use of a sewage treatment system or a component	916
of a system in this state that differs in design or function from	917
systems or components of systems the use of which is authorized in	918
rules adopted under section 3718.02 of the Revised Code shall	919
request an application form from the department of health. The	920
applicant shall complete the form and include with it all of the	921
information that is required by the department and the sewage	922
treatment system technical advisory committee. The applicant shall	923
submit a completed application and all required information to the	924
director of health.	925

(B) Upon receipt of an application, the director shall	926
examine the application and all accompanying information to	927
determine if the application is complete. If the director	928
determines that the application is not complete, the director	929
shall notify the applicant not later than fourteensixty days	930
after determiningsubmission of the application that the	931
application is not complete, provide a description of the	932
information that is missing from the application, and return the	933
application and all accompanying information to the applicant. The	934
applicant may resubmit the application to the director if the	935
application includes the information that was identified by the	936
director. Not later than fourteenthirty days after receipt of a	937
complete application, the director shall notify the committee of	938
the complete application and send a copy of the complete	939
application and all accompanying information to the committee	940
together with a request that the committee adviserecommend that	941
the director on the approvalapprove or disapproval ofdisapprove	942
the system.	943

Not later than ninety days after receipt of a complete	944
application, the committee shall recommend approval or disapproval	945
of the application and submit its recommendation in writing to the	946
director. The director shall approve or disapprove the application	947
not later than sixty days after the committee submits its	948
recommendation to the director or, if the committee fails to	949
recommend approval or disapproval within the required time, not	950
later than one hundred twenty days after the submission of a	951
complete application. If the director fails to approve or	952
disapprove an application within the required time, the	953
application shall be deemed approved.	954

(C) In approving or disapproving an application, the director	955
shall use the standards and, guidelines, and protocols that the	956
committee developed with the department for that purpose. The	957
director shall not approve an application that fails to comply	958
with those standards and, guidelines, and protocols. If the	959
committee advisesrecommends approval or disapproval of an	960
application, the director concerning the application, the director	961
shall consider the advicecommittee's recommendation before	962
approving or disapproving the application. However, ifIf the	963
committee fails to provide advice or if the committee fails to	964
provide advice within a reasonable period of time before the	965
director is required to approve or disapprove the application	966
recommend approval or disapproval of the application within the	967
required time, the director may approve or disapprove the	968
application without considering the advice of the committee. Not	969
later than ninety days after receipt of a complete application,	970
the director shall approve or disapprove the application in	971
writing. If the director fails to approve or disapprove the	972
application within that ninety-day period, the application shall	973
be deemed approvedThe director shall establish and include any	974
appropriate terms and conditions with the approval of a sewage	975
treatment system or component of a system for use in this state.	976
For purposes of establishing soil absorption specifications for a	977
sewage treatment system, the terms and conditions shall include	978
standards regarding the sizing of the system.	979

(D) If the director approves an application under this	980
section, the director shall notify the applicant in writing. The	981
director also shall notify boards of health in accordance with the	982
procedures established in rules adopted under section 3718.02 of	983
the Revised Code that the sewage treatment system or component of	984
a system that is the subject of the application is approved for	985
statewide use. If the director disapproves an application under	986
this section, the director shall notify the applicant in writing	987
and provide a brief explanation for the disapproval.	988

(E) Decisions of the director approving or disapproving	989
applications under this section may be appealed in accordance with	990
Chapter 119. of the Revised Code.	991

(F) No approval shall be required under this section with	992
respect to a sewage treatment system or component of a system that	993
has been approved by the director prior to the effective date of	994
this amendment unless the manufacturer of the system or component	995
changes the design or seeks modifications to any terms and	996
conditions of the prior approval.	997

(G) The director may revoke the approval of a sewage	998
treatment system or component of a system if the director finds,	999
based on substantial evidence, that the system or component fails	1000
to comply with applicable standards for the system or component.	1001
The revocation of an approval under this division may be appealed	1002
in accordance with Chapter 119. of the Revised Code.	1003

Sec. 3718.041. An installer or manufacturer of a sewage	1004
treatment system or component of a system the use of which has	1005
been authorized in rules adopted under section 3718.02 of the	1006
Revised Code may request from the director of health a written	1007
statement acknowledging that the system or component of a system	1008
is approved for use in this state and that the approval is	1009
equivalent in all respects to the approval of a system or	1010
component of a system under section 3718.04 of the Revised Code.	1011
The director may approve or deny such a request as the director	1012
determines appropriate.	1013

Sec. 3718.05. The director of health shall do all of the	1014
following:	1015

(A) Administer and enforce this chapter and the rules of the	1016
public health council adopted under it;	1017

(B) Examine records of boards of health, in accordance with	1018
rules adopted by the council, that are determined necessary to	1019
ascertain compliance with this chapter and rules adopted under it;	1020

(C) Review and approve or disapprove rules proposed by boards	1021
of health under division (B) of section 3718.02 of the Revised	1022
Code. The director shall not disapprove a proposed rule unless the	1023
director determines that the proposed rule conflicts with this	1024
chapter or rules adopted under section 3718.02 of the Revised Code	1025
by the public health council or fails to promote public health or	1026
environmental protection. If the director disapproves a proposed	1027
rule, the director shall provide a written explanation of the	1028
director's disapproval to the board of health that proposed the	1029
rule.	1030

(D) Survey boards of health as required by section 3718.07 of	1031
the Revised Code;	1032

(E) Develop with the sewage treatment system technical	1033
advisory committee standards and, guidelines, and protocols for	1034
use by the director in approving or disapproving a sewage	1035
treatment system under section 3718.04 of the Revised Code and an	1036
application form for use by applicants for that approval,	1037
including identification of the information that must be included	1038
with the form;	1039

(F) Provide instructions on the operation and maintenance of	1040
a sewage treatment system. The director shall provide the	1041
operation and maintenance instructions on the department of	1042
health's web site. In addition, the director shall provide a copy	1043
of the operation and maintenance instructions when the director	1044
receives a written request for the instructions.	1045

(G) Develop educational programs, in conjunction with boards	1046
of health, to educate owners of sewage treatment systems regarding	1047
the proper operation and maintenance of those systems.	1048

Sec. 3718.06. (A)(1) A board of health shall establish fees	1049
in accordance with section 3709.09 of the Revised Code for the	1050
purpose of carrying out its duties under this chapter and rules	1051
adopted under it, including a feefees for an installation permit	1052
permits, operation permits, and alteration permits issued by the	1053
board. All fees so established and collected by the board shall be	1054
deposited in a special fund of the district to be used exclusively	1055
by the board in carrying out those duties.	1056

(2) In accordance with Chapter 119. of the Revised Code, the	1057
public health council may establish by rule a fee to be collected	1058
from applicants for installation permits and alteration permits	1059
issued under rules adopted under this chapter. The director of	1060
health shall use not more than seventy-five per cent of the	1061
proceeds from that fee for administering and enforcing this	1062
chapter and the rules adopted under it by the council. The	1063
director shall use not less than twenty-five per cent of the	1064
proceeds from that fee to establish a program in cooperation with	1065
boards of health to fund installation and evaluation of sewage	1066
treatment system new technology pilot projects through grants or	1067
other agreements. In the selection of pilot projects, the director	1068
shall consult with the sewage treatment system technical advisory	1069
committee. A board of health shall collect and transmit the fee.	1070
to the director pursuant to section 3709.092 of the Revised Code.	1071
The director shall use the money so credited solely for the	1072
administration and enforcement of this chapter and the rules	1073
adopted under it by the public health council.	1074

(B) The director may submit recommendations to the public	1075
health council regarding the amount of the fee collected under	1076
division (A)(2) of this section for installation and alteration	1077
permits. When making the recommendations, the director shall	1078
submit a report stating the current and projected expenses of	1079
administering and enforcing this chapter and the rules adopted	1080
under it by the counciland of the sewage treatment system new	1081
technology pilot projects program established under this section	1082
and the total of all money that has been deposited to the credit	1083
of the general operations fund under division (A)(2) of this	1084
section. The director may include in the report any	1085
recommendations for modifying the requirements established under	1086
this chapter and the rules adopted under it by the council.	1087

Sec. 3718.09. (A) A board of health may issue, modify,	1088
suspend, or revoke enforcement orders to a registration or permit	1089
holder or other person directing the holder or person to abate a	1090
violation of this chapter, any rule adopted or order issued under	1091
it, or a condition of a registration or permit issued under it	1092
within a specified, reasonable time. If an order issued under this	1093
division is neglected or disregarded, the applicable board of	1094
health may proceed in accordance with section 3707.02 of the	1095
Revised Code.	1096

(B) The health commissioner or the commissioner's designated	1097
representative, without prior notice or hearing and in accordance	1098
with the rules of the public health council, may issue an	1099
emergency order requiring any action necessary to meet a public	1100
health emergency or to prevent or abate an imminent and	1101
substantial threat to surface water or ground water regarding	1102
domestic septage management or regarding a sewage treatment system	1103
that is being operated in a manner that does not comply with this	1104
chapter or rules adopted under it. A person to whom such an	1105
emergency order is issued immediately shall comply with the order.	1106
A person so ordered may apply to the issuer of the order for a	1107
hearing, which shall be held as soon as possible, but not later	1108
than twenty days after the issuer's receipt of the application for	1109
a hearing.	1110

Sec. 3718.11. (A) A property owner may request a hearing with	1111
the board of health for any reason described in division (A)(19)	1112
of section 3718.02 of the Revised Code. A property owner may	1113
appeal the results of the hearing to either of the following:	1114

(1) The court of common pleas of the county in which the	1115
property owner's land is located;	1116

(2) A sewage treatment system appeals board that is	1117
established in accordance with this section.	1118

(B) A property owner that wishes to appeal to a sewage	1119
treatment system appeals board shall file the appeal with the	1120
board of health within whose jurisdiction the property owner's	1121
land is located. Upon receipt of a filing, the board of health	1122
shall send the filing of the appeal to the chairperson of the	1123
sewage treatment system appeals board for the county in which the	1124
board of health has jurisdiction.	1125

(C)(1) Not later than ninety days after the effective date of	1126
this section, a sewage treatment system appeals board shall be	1127
appointed for each county as follows:	1128

(a) One member shall be appointed by the health commissioner	1129
of the general health district having jurisdiction in the county.	1130

(b) One member shall be appointed by the judge of the probate	1131
court of the county having the longest continuous service as a	1132
judge of the probate court.	1133

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

1134

(2) Terms of appointment to a sewage treatment system appeals	1135
board shall be for two years. Members may be reappointed.	1136
Vacancies shall be filled in the same manner as provided for	1137
original appointments. Any member appointed to fill a vacancy	1138
occurring prior to the expiration of the term for which the member	1139
was appointed shall hold office for the remainder of that term.	1140

(3) The person appointed by the judge of the probate court	1141
shall serve as chairperson of the board. A majority vote of the	1142
members of the board is necessary to take action on any matter.	1143
The chairperson of the board shall designate the time and location	1144
for a hearing before the board. Members of the board shall serve	1145
without compensation.	1146

(4) A board of health shall send an appeal that has been	1147
filed with the board of health under division (B) of this section	1148
to the sewage treatment system appeals board immediately after the	1149
appeal has been filed. Not later than forty-five days after a	1150
hearing before a sewage treatment system appeals board, the board	1151
shall issue a written decision concerning an appeal before the	1152
board.	1153

(5) The judge of the probate court who made an appointment to	1154
the board under this section shall establish due process	1155
procedures to be used by the applicable sewage treatment system	1156
appeals board appointed under this section for the purpose of	1157
hearing appeals regarding orders and decisions of a board of	1158
health. All appeals before the applicable sewage treatment system	1159
appeals board shall be conducted in accordance with those	1160
procedures. The procedures may include filing fees applicable to	1161
appeals conducted by the sewage treatment system appeals board.	1162

(D) An appeal before a sewage treatment system appeals board	1163
is final, and no further appeal may be taken.	1164

Sec. 6117.51.  If the board of health of the health district	1165
within which a new public sewer construction project is proposed	1166
or located passes a resolution stating that the reason for the	1167
project is to reduce or eliminate an existing health problem or a	1168
hazard of water pollution, the board of county commissioners of	1169
the county, by resolution, may order the owner of any premises	1170
located in a sewer district in the county, the owner's agent,	1171
lessee, or tenant, or any other occupant of the premises to	1172
connect the premises to the sewer for the purpose of discharging	1173
sewage or other waste that the board determines is originating on	1174
the premises, to make use of the connection, and to cease the	1175
discharge of the sewage or other waste into a cesspool, ditch,	1176
private sewer, privy, septic tank, semipublic disposal system as	1177
defined in division (B)(1)(a) of section 3709.085 of the Revised	1178
Code, or other outlet if the board finds that the sewer is	1179
available for use and is accessible to the premises following a	1180
determination and certification to the board by a registered	1181
professional engineer designated by it as to the availability and	1182
accessibility of the sewer. This section does not apply to any of	1183
the following:	1184

(A) Any discharge authorized by a permit issued under	1185
division (J) of section 6111.03 of the Revised Code other than a	1186
discharge to or from a semipublic disposal system as defined in	1187
division (B)(1)(a) of section 3709.085 of the Revised Code;	1188

(B) Wastes resulting from the keeping of animals;

1189

(C) Any premises that are not served by a common sewage	1190
collection system when the foundation wall of the structure from	1191
which sewage or other waste originates is more than twothree	1192
hundred feet from the nearest boundary of the right-of-way within	1193
which the sewer is located;	1194

(D) Any premises that are served by a common sewage	1195
collection system when both the foundation wall of the structure	1196
from which the sewage or other waste originates and the common	1197
sewage collection system are more than twothree hundred feet from	1198
the nearest boundary of the right-of-way within which the public	1199
sewer is located;	1200

(E) Any dwelling house located on property that is listed on	1201
the county's agricultural land tax list as being valued for tax	1202
purposes as land devoted exclusively to agricultural use under	1203
section 5713.31 of the Revised Code, when the foundation wall of	1204
the dwelling house is twothree hundred feet or less from the	1205
nearest boundary of the right-of-way within which the sewer is	1206
located, if both of the following also apply:	1207

(1) The sewer right-of-way for the property on which the	1208
dwelling house is located was obtained by appropriation due to a	1209
public exigency pursuant to division (B) of section 307.08,	1210
6101.181, 6115.211, 6117.39, or 6119.11 of the Revised Code.	1211

(2) The local health department has certified that the	1212
household sewage disposal system is functioning properly.	1213

The board shall not direct an order under this section to a	1214
resident tenant unless it determines that the terms of the tenancy	1215
are such that the owner lacks sufficient rights of access to	1216
permit the owner to comply with the terms of the order.	1217

An owner, agent, lessee, tenant, or occupant shall comply	1218
with the order of the board within ninety days after the	1219
completion of service of the order upon that person as provided in	1220
this section. The board, upon written application filed prior to	1221
the expiration of the ninety-day period, may waive compliance with	1222
any order either temporarily or permanently and conditionally or	1223
unconditionally.	1224

In its resolution, the board shall direct its clerk, or the	1225
clerk's designee, to serve its order upon the owner, agent,	1226
lessee, tenant, or occupant. Service of the order shall be made	1227
personally, by leaving the order at the usual place of residence	1228
with a person of suitable age and discretion then residing	1229
therein, or by certified mail addressed to the owner, agent,	1230
lessee, tenant, or occupant at that person's last known address or	1231
to the address to which tax bills are sent. If it appears by the	1232
return of service or the return of the order forwarded by	1233
certified mail that the owner, agent, lessee, tenant, or occupant	1234
cannot be found, that person shall be served by publication of the	1235
order once in a newspaper of general circulation within the	1236
county, or if that person refuses service, that person shall be	1237
served by ordinary mail addressed to that person's last known	1238
address or to the address to which tax bills are sent. The return	1239
of the person serving the order or a certified copy of the return,	1240
or a returned receipt for the order forwarded by certified mail	1241
accepted by the addressee or anyone purporting to act for the	1242
addressee, is prima-facie evidence of the service of the order	1243
under this section. The return of the person attempting to serve	1244
the order, or the return to the sender of the order forwarded by	1245
certified mail with an indication on the return of the refusal of	1246
the addressee to accept delivery, is prima-facie evidence of the	1247
refusal of service.	1248

No owner, agent, lessee, tenant, or occupant shall violate an	1249
order issued under this section. Upon request of the board, the	1250
prosecuting attorney shall prosecute in a court of competent	1251
jurisdiction any owner, agent, lessee, tenant, or occupant who	1252
violates an order issued under this section. Each day that a	1253
violation continues after conviction for the violation of an order	1254
issued under this section and the final determination thereof is a	1255
separate offense. The court, for good cause shown, may grant a	1256
reasonable additional period of time for compliance after	1257
conviction.	1258

Any owner, agent, lessee, tenant, or occupant violating an	1259
order issued under this section also may be enjoined from	1260
continuing in violation. Upon request of the board, the	1261
prosecuting attorney shall bring an action in a court of competent	1262
jurisdiction for an injunction against the owner, agent, lessee,	1263
tenant, or occupant violating an order.	1264

The Ohio water development authority created under section	1265
6121.02 of the Revised Code, in addition to its other powers, has	1266
the same power and shall be governed by the same procedures in a	1267
waste water facilities service area, or in any area adjacent to a	1268
public sewer operated by the authority, as a board of county	1269
commissioners in a county sewer district under this section,	1270
except that the authority shall act by order, and the attorney	1271
general, upon request of the authority, shall prosecute any person	1272
who violates an order of the authority issued under this section.	1273

Section 2.  That existing sections 711.05, 711.10, 3718.01,	1274
3718.02, 3718.03, 3718.04, 3718.05, 3718.06, 3718.09, and 6117.51	1275
of the Revised Code are hereby repealed.	1276

Section 3.  Notwithstanding any provision of law to the	1277
contrary, Chapter 3701-29 of the Ohio Administrative Code adopted	1278
pursuant to Section 120.02 of Am. Sub. H.B. 119 of the 127th	1279
General Assembly, as amended by Am. Sub. H.B. 1 and Sub. H.B. 363	1280
of the 128th General Assembly, shall remain in effect as it exists	1281
on the effective date of this act until it is superseded by the	1282
rules that are required to be adopted under section 3718.02 of the	1283
Revised Code as amended by this act. The rules that are required	1284
to be adopted under that section as amended by this act shall not	1285
take effect prior to January 1, 2012.	1286

Section 4. Not later than thirty days after the effective	1287
date of this section, the Governor, President of the Senate, and	1288
Speaker of the House of Representatives shall appoint the new	1289
members to the Sewage Treatment System Technical Advisory	1290
Committee that are required to be appointed under section 3718.03	1291
of the Revised Code as amended by this act.	1292

The Governor shall appoint the person representing a	1293
statewide organization representing townships for an initial term	1294
of one year. Thereafter, the person appointed to that position	1295
shall be appointed to a three-year term as required by section	1296
3718.03 of the Revised Code.	1297

The President of the Senate shall appoint the person who is	1298
required to have demonstrated experience in the design of	1299
household sewage treatment systems for an initial term of two	1300
years. Thereafter, the person appointed to that position shall be	1301
appointed to a three-year term as required by section 3718.03 of	1302
the Revised Code.	1303

The Speaker of the House of Representatives shall appoint the	1304
person that is required to be a registered professional engineer	1305
with experience in sewage treatment systems for an initial term of	1306
three years. Thereafter, the person appointed to that position	1307
shall be appointed to a three-year term as required by section	1308
3718.03 of the Revised Code.	1309

Section 5. That Section 3 of Am. H.B. 416 of the 127th	1310
General Assembly be amended to read as follows:	1311

Sec. 3. (A) Not later than three months after the effective	1312
date of this section, the Director of Natural Resources shall	1313
convene an advisory board consisting of the following persons with	1314
an interest in the Great Lakes-St. Lawrence River Basin Water	1315
Resources Compact:	1316

(1) The Director of Natural Resources or the Director's	1317
designee, who shall serve as chairperson of the advisory board;	1318

(2) The Director of Environmental Protection or the	1319
Director's designee;	1320

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

1321

(4) The following members appointed by the Governor:

1322

(a) One water quality expert from the faculty or staff of an	1323
Ohio college or university;	1324

(b) One representative of a statewide environmental advocacy	1325
organization;	1326

(c) One representative of a local environmental advocacy	1327
organization in the Lake Erie Basin;	1328

(d) One representative of a sustainable economic development	1329
organization in the Lake Erie Basin;	1330

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

1331

(f) One representative of the electric utility industry;

1332

(g) One representative of a county government in the Lake	1333
Erie Basin.	1334

(5) The following members appointed by the President of the	1335
Senate:	1336

(a) Two members of the Senate who shall not be members of the	1337
same political party;	1338

(b) One representative of the bottled water industry;

1339

(c) One representative of a statewide land conservation	1340
advocacy organization;	1341

(d) One representative of agricultural interests in the Lake	1342
Erie Basin;	1343

(e) One representative of the aggregates industry;

1344

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

1345

(g) One representative of a large manufacturer with a	1346
facility located within the Lake Erie Basin;	1347

(h) One member of the public.

1348

(6) The following members appointed by the Speaker of the	1349
House of Representatives:	1350

(a) Two members of the House of Representatives who shall not	1351
be members of the same political party;	1352

(b) One representative of a municipal government in the Lake	1353
Erie Basin;	1354

(c) One expert in hydrogeology from the faculty or staff of	1355
an Ohio college or university;	1356

(d) One representative of a locally based organization in the	1357
Lake Erie Basin that assists in the development and implementation	1358
of a plan for the protection and management of surface and ground	1359
water resources in a watershed;	1360

(e) One representative of a fish and wildlife advocacy	1361
organization;	1362

(f) One representative of residential developers;

1363

(g) One representative of the chemical industry;

1364

(h) One representative of the petroleum industry with a	1365
facility located within the Lake Erie Basin.	1366

All appointments shall be made to the advisory board not	1367
later than thirty days after the effective date of this section.	1368
The advisory board shall meet on a regular basis. Vacancies on the	1369
advisory board shall be filled in the manner provided for original	1370
appointments. Members of the advisory board shall receive no	1371
compensation for serving on the board. The Department of Natural	1372
Resources shall provide technical support to the advisory board.	1373

(B) The advisory board shall be convened for the purpose of	1374
developing recommendations for legislation that is necessary to	1375
implement and effectuate the requirements and purposes of the	1376
Great Lakes-St. Lawrence River Basin Water Resources Compact. The	1377
recommendations shall address, but not be limited to, the	1378
following:	1379

(1) The evaluation and recommendation of the threshold levels	1380
to be included in the implementing legislation for regulating new	1381
or increased water withdrawals in the state, considering at least	1382
all of the following:	1383

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

1384

(b) The relative impact of those withdrawals;

1385

(c) The practicality of regulating those withdrawals;

1386

(d) The alternatives that are available in the establishment	1387
of a permitting program in order to meet the water management	1388
objectives of this state.	1389

(2) The establishment of requirements regarding the review of	1390
lists of existing water users in the portion of the Great	1391
Lakes-St. Lawrence River Basin that is in this state;	1392

(3) The establishment of a process for use by persons that	1393
wish to appeal their inclusion in the list of existing water	1394
users;	1395

(4) The establishment of conservation objectives with respect	1396
to the Great Lakes-St. Lawrence River Basin Water Resources	1397
Compact and the development of the state's water conservation and	1398
efficiency programs;	1399

(5) The method for determining the capacity of existing	1400
facilities as required in Section 4.12.2 of the Great Lakes-St.	1401
Lawrence River Basin Water Resources Compact.	1402

(C) The advisory board shall present its final	1403
recommendations to the Governor and the General Assembly not later	1404
than eighteen months after the effective date of this section	1405
December 15, 2010. It is the intent of the General Assembly that	1406
the recommendations of the advisory board will represent a	1407
consensus of the board's members regarding the issues presented to	1408
and discussed by the board. However, if a consensus cannot be	1409
reached on any or all of the issues before the board, one or more	1410
minority opinions may accompany the recommendations of the board.	1411

(D) Upon submission of its recommendations under division (C)	1412
of this section, the advisory board shall cease to exist.	1413

Section 6. That existing Section 3 of Am. H.B. 416 of the	1414
127th General Assembly is hereby repealed.	1415