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|
As Reported by the House Energy and Environment Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 321 |
REPRESENTATIVES HOUSEHOLDER-HAINES-TERWILLEGER-VAN VYVEN-TIBERI-
CAREY-CLANCY-GARCIA-JACOBSON-JOHNSON-KREBS-METZGER-OGG-PADGETT-
PRINGLE-REID-SAWYER-SCHULER-STAPLETON-SULZER-THOMPSON-
WILSON-LOGAN-ROBERTS-WESTON-CATES
A BILL
To amend sections 3745.11, 6103.22, 6109.01, 6109.04, 6109.07,
6111.14, 6121.01, 6121.04, and 6121.06 and to enact sections
6109.22, 6109.23, and 6109.24 of the Revised Code to authorize
the Director of Environmental Protection to
develop and
implement a drinking water assistance loan program consistent
with the federal Safe Drinking Water Act Amendments of 1996 and
to receive and disburse federal capitalization
grant moneys for
the purposes of that program, and to make other changes in the
state's safe drinking water program in accordance
with that act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3745.11, 6103.22, 6109.01, 6109.04,
6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 be amended and
sections 6109.22, 6109.23, and 6109.24 of the Revised Code be
enacted to read as follows:
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee to the environmental protection agency for each such issuance
and each application for an issuance as provided by this section.
No fee shall be charged for any issuance for which no application
has been submitted to the director.
(B) Prior to January 1, 1994, each person issued a permit
to operate, variance, or permit to install under section 3704.03
of the Revised Code shall pay the fees specified in the following
schedule:
(1) Fuel-Burning Equipment
Input capacity (million British |
Permit
| |
Permit
|
thermal units |
to
| |
to
|
per hour) |
operate
|
Variance
|
install
|
0 or more, but less than 10 | $ 75 | $225 | $ 100 |
10 or more, but less than 100 | 210 | 450 | 390 |
100 or more, but less than 300 | 270 | 675 | 585 |
300 or more, but less than 500 | 330 | 900 | 780 |
500 or more | 500 | 975 | 1000 |
Any fuel-burning equipment using only natural gas, propane,
liquefied petroleum gas, or number two or lighter fuel oil shall
be assessed a fee one-half of that shown.
(2) Incinerators
Input capacity |
Permit
| |
Permit
|
(pounds per |
to
| |
to
|
hour) |
operate
|
VARIANCE
|
install
|
0 to 50 | $ 50 | $225 | $ 65 |
51 to 500 | 210 | 450 | 390 |
501 to 2000 | 270 | 675 | 585 |
2001 to 30,000 | 330 | 900 | 780 |
more than 30,000 | 500 | 975 | 1000 |
(3) Process
Process weight |
Permit
| |
Permit
|
rate |
to
| |
to
|
(pounds per hour) |
operate
|
Variance
|
install
|
0 to 1000 | $100 | $225 | $ 200 |
1001 to 5000 | 210 | 450 | 390 |
5001 to 10,000 | 270 | 675 | 585 |
10,001 to 50,000 | 330 | 900 | 780 |
more than 50,000 | 500 | 975 | 1000 |
In any process where process weight rate cannot be ascertained, the minimum
fee shall be assessed.
(4) Storage tanks
Gallons |
Permit to
| |
Permit to
|
(capacity) |
operate
|
Variance
|
install
|
less than 40,000 | $150 | $225 | $ 195 |
40,000 or more, but less than 100,000 | 210 | 450 | 390 |
100,000 or more, but less than 400,000 | 270 | 675 | 585 |
400,000 or more, but less than 1,000,000 | 330 | 900 | 780 |
1,000,000 or more | 500 | 975 | 1000 |
(5) Gasoline
Gasoline dispensing |
Permit to
| |
Permit to
|
facilities |
operate
|
Variance
|
install
|
For each gasoline dispensing facility | $20 | $100 | $50 |
(6) Dry cleaning
Dry cleaning |
Permit to
| |
Permit to |
facilities |
operate
|
Variance
|
install
|
For each dry cleaning facility | $50 | $200 | $100 |
(7) Coal mining operations regulated under Chapter 1513.
of the Revised Code shall be assessed a fee of two hundred fifty
dollars per mine or location.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions of each such regulated pollutant in calendar year 1995,
and each subsequent calendar year, to be collected no sooner than
the fifteenth day of April of the year next succeeding the
calendar year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not apply to that portion of the emissions of a regulated
pollutant at a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section are for the purpose of providing funding for the Title V
permit program.
(3) The fees assessed under division (C)(1) of this
section do not apply to emissions from any electric generating
unit designated as a Phase I unit under Title IV of the federal
Clean Air Act prior to calendar year 2000. Those fees shall be
assessed on the emissions from such a generating unit commencing
in calendar year 2001 based upon the total actual emissions from
the generating unit during calendar year 2000.
(4) The director shall issue invoices to owners or
operators of air contaminant sources who are required to pay a
fee assessed under division (C) or (D) of this section. Any such
invoice shall be issued no sooner than the applicable date when
the fee first may be collected in a year under the applicable
division, shall identify the nature and amount of the fee
assessed, and shall indicate that the fee is required to be paid
within thirty days after the issuance of the invoice.
(D) Beginning January 1, 1994, each person who owns or
operates an air contaminant source; who is required to apply for
a permit to operate pursuant to rules adopted under division (G),
or a variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall
pay a single fee based upon the sum of the actual annual
emissions from the facility of the regulated pollutants
particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead in accordance with the following
schedule:
Total tons per year | |
of regulated pollutants emitted |
Annual fee
per facility
|
More than 0, but less than 50 | $ 75 |
50 or more, but less than 100 | 300 |
100 or more | 700 |
The fees assessed under this division shall be collected
annually no sooner than the fifteenth day of April, commencing in
1995. The fee assessed under this division in a calendar year
shall be based upon the sum of the actual emissions of those
regulated pollutants during the preceding calendar year. For the
purpose of this division, emissions of air contaminants may be
calculated using engineering calculations, emission factors,
material balance calculations, or performance testing procedures,
as authorized by the director. The director, by rule, may
require persons who are required to pay the fees assessed under
this division to pay those fees biennially rather than annually.
(E)(1) Consistent with the need to cover the reasonable
costs of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by the percentage, if any, by which the consumer price index for
the most recent calendar year ending before the beginning of a
year exceeds the consumer price index for calendar year 1989.
Upon calculating an increase in fees authorized by this division
(E)(1)
OF THIS SECTION, the director shall compile revised fee
schedules for the purposes
of that division (C)(1) OF THIS SECTION and shall make
the revised schedules available
to persons required to pay the fees assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of the consumer price index for all urban consumers published by
the United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year;
(b) If the 1989 consumer price index is revised, the
director shall use the revision of the consumer price index that
is most consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to rules adopted under division (F) of section 3704.03 of the
Revised Code on or after January 1, 1994, shall pay the fees
specified in the following schedules:
(1) Fuel-burning equipment (boilers)
Input capacity (maximum) | |
(million British thermal units per hour) | Permit to install |
Greater than 0, but less than 10 | $ 200 |
10 or more, but less than 100 | 400 |
100 or more, but less than 300 | 800 |
300 or more, but less than 500 | 1500 |
500 or more, but less than 1000 | 2500 |
1000 or more, but less than 5000 | 4000 |
5000 or more | 6000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Incinerators
Input capacity (pounds per hour) | Permit to install |
0 to 100 | $ 100 |
101 to 500 | 400 |
501 to 2000 | 750 |
2001 to 20,000 | 1000 |
more than 20,000 | 2500 |
(3)(a) Process
Process weight rate (pounds per hour) | Permit to install |
0 to 1000 | $ 200 |
1001 to 5000 | 400 |
5001 to 10,000 | 600 |
10,001 to 50,000 | 800 |
more than 50,000 | 1000 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed.
(b) Notwithstanding division (F)(3)(a) of this section,
any person issued a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code shall
pay the fees set forth in division (F)(3)(c) of this section for
a process used in any of the following industries, as identified
by the applicable four-digit standard industrial classification
code according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1411 Dimension stone;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
1446 Industrial sand;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees set forth in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process identified in division (F)(3)(b) of this section:
Process weight rate (pounds per hour) | Permit to install |
0 to 10,000 | $200 |
10,001 to 50,000 | 300 |
50,001 to 100,000 | 400 |
100,001 to 200,000 | 500 |
200,001 to 400,000 | 600 |
400,001 or more | 700 |
(4) Storage tanks
Gallons (maximum useful capacity) | Permit to install |
0 to 20,000 | $100 |
20,001 to 40,000 | 150 |
40,001 to 100,000 | 200 |
100,001 to 250,000 | 250 |
250,001 to 500,000 | 350 |
500,001 to 1,000,000 | 500 |
1,000,001 or greater | 750 |
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel dispensing facility | Permit to install |
(includes all units at the facility) | $100 |
(6) Dry cleaning facilities
For each dry cleaning facility | Permit to install |
(includes all units at the facility) | $100 |
(7) Registration status
| Permit to install |
For each source covered by registration status | $75 |
(G) An owner or operator who is responsible for an
asbestos demolition or renovation project pursuant to rules
adopted under section 3704.03 of the Revised Code shall pay the
fees set forth in the following schedule:
Action
| Fee |
Each notification | $75 |
Asbestos removal | $3/unit |
Asbestos cleanup | $4/cubic yard |
For purposes of this division, a "unit" means any
combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit to install an air contaminant source pursuant to rules
adopted under division (F) of section 3704.03 of the Revised Code
shall pay a fee equal to one-half the fee originally assessed for
the permit to install under this section, except that the fee for
such an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised Code after the date actual construction of the source
began shall pay a fee for the permit to install that is equal to
twice the fee that otherwise would be assessed under the
applicable division unless the applicant received authorization
to begin construction under division (W) of section 3704.03 of
the Revised Code. This division only applies to sources for
which actual construction of the source begins on or after July
1, 1993. The imposition or payment of the fee established in
this division does not preclude the director from taking any
administrative or judicial enforcement action under this chapter,
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a
rule adopted under any of them, in connection with a violation of
rules adopted under division (F) of section 3704.03 of the
Revised Code.
As used in this division, "actual construction of the
source" means the initiation of physical on-site construction
activities in connection with improvements to the source that are
permanent in nature, including, without limitation, the
installation of building supports and foundations and the laying
of underground pipework.
(K) Fifty cents per ton of each fee assessed under
division (C) of this section on actual emissions from a source
and received by the environmental protection agency pursuant to
that division shall be deposited into the state treasury to the
credit of the small business assistance fund created in section
3706.19 of the Revised Code. The remainder of the moneys
received by the division pursuant to that division and moneys
received by the agency pursuant to divisions (D), (F), (G), (H),
(I), and (J) of this section shall be deposited in the state
treasury to the credit of the clean air fund created in section
3704.035 of the Revised Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b) or (c) of this section, a person issued a water
discharge permit or renewal of a water discharge permit pursuant
to Chapter 6111. of the Revised Code shall pay a fee based on
each point source to which the issuance is applicable in
accordance with the following schedule:
Design flow discharge (gallons per day) | Fee |
0 to 1000 | $ 0 |
1,001 to 5000 | 100 |
5,001 to 50,000 | 200 |
50,001 to 100,000 | 300 |
100,001 to 300,000 | 525 |
over 300,000 | 750 |
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project cost through June 30, 1998, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1, 1998, except that the total fee shall not
exceed
fifteen thousand dollars through June 30, 1998, and five
thousand
dollars on and after July 1, 1998. The fee shall be paid
at the
time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee for the modification shall not exceed four hundred dollars.
(4) A PERSON WHO HAS ENTERED INTO AN AGREEMENT WITH THE
DIRECTOR UNDER SECTION 6111.14 OF THE
REVISED
CODE SHALL PAY AN
ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT
SECTION FOR APPROVAL THAT SHALL NOT EXCEED THE MINIMUM AMOUNT NECESSARY TO PAY
ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO PROCESSING PLAN APPROVALS. THE
DIRECTOR ANNUALLY SHALL CALCULATE THE
FEE AND SHALL
NOTIFY ALL PERSONS WHO HAVE ENTERED INTO AGREEMENTS UNDER THAT
SECTION, OR WHO HAVE APPLIED FOR AGREEMENTS, OF THE AMOUNT OF
THE FEE.
(5)(a) Not later than January 30, 1996, and January 30,
1997, a person holding an NPDES discharge permit
issued pursuant
to Chapter 6111. of the Revised Code with an average daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
The average daily discharge flow in gallons per day shall
be calculated using first day of May through thirty-first day of
October flow data for the period two years prior to the date on
which the fee is due. In the case of NPDES discharge
permits for new sources, the fee for the first two years of operations
OPERATION shall be calculated using the average daily design flow of
the
facility.
(b) An NPDES permit holder that is a public discharger
shall pay the fee specified in the following schedule:
Average daily
discharge flow | Fee due by
January 30, 1996,
and January 30, 1997 | |
5,000 to 49,999 | $ 180 | |
50,000 to 100,000 | 450 | |
100,001 to 250,000 | 900 | |
250,001 to 1,000,000 | 2,250 | |
1,000,001 to 5,000,000 | 4,500 | |
5,000,001 to 10,000,000 | 9,000 | |
10,000,001 to 20,000,000 | 13,500 | |
20,000,001 to 50,000,000 | 22,500 | |
50,000,001 to 100,000,000 | 36,000 | |
100,000,001 or more | 54,000 | |
Public dischargers owning or operating publicly owned treatment
works, as "treatment works" is defined in section 6111.01 of the Revised Code,
that serve
exclusively political subdivisions having a population of fewer than one
hundred thousand through the operation of two or more publicly owned treatment
works serving the same political subdivision shall pay an annual discharge fee
under division (L)(4)(5)(b) of this section that is
based on the combined average daily discharge flow of the treatment works
rather than on the average daily discharge flow of individual facilities
comprising the treatment works.
(c) An NPDES permit holder that is an industrial
discharger shall pay the fee specified in the following schedule:
Average daily
discharge flow | Fee due by
January 30, 1996,
and January 30, 1997 | |
5,000 to 49,999 | $ 180 | |
50,000 to 250,000 | 900 | |
250,001 to 1,000,000 | 2,250 | |
1,000,001 to 5,000,000 | 4,500 | |
5,000,001 to 10,000,000 | 6,750 | |
10,000,001 to 20,000,000 | 9,000 | |
20,000,001 to 100,000,000 | 10,800 | |
100,000,001 to 250,000,000 | 12,600 | |
250,000,001 or more | 14,400 | |
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial discharger classified as a
major discharger shall pay a nonrefundable annual surcharge of six thousand
seven hundred fifty dollars not later than January 30,
1996, and not later than January 30, 1997. Any person who fails to pay the
surcharge at that time shall pay an
additional amount that equals ten per cent of the amount of the
surcharge.
(d) Notwithstanding divisions (L)(4)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial discharger identified by I, J, L, V, W, X, Y, or Z in
the third character of the permittee's NPDES permit
number shall pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than
January 30, 1996, and not later than January
30, 1997. Any person who fails to pay the fee at that
time shall pay an additional amount that equals ten per cent of
the required fee.
(5)(6) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit into the state treasury to the credit of the surface
water protection fund created in section 6111.038 of the Revised
Code.
(6)(7) As used in division (L) of this section:
(a) "NPDES" means the federally approved national
pollutant discharge elimination system program for issuing,
modifying, revoking, reissuing, terminating, monitoring, and
enforcing permits and imposing and enforcing pretreatment
requirements under Chapter 6111. of the Revised Code and rules
adopted under it.
(b) "Public discharger" means any holder of an NPDES
permit identified by P in the second character of the NPDES
permit number assigned by the director.
(c) "Industrial discharger" means any holder of an NPDES
permit identified by I in the second character of the NPDES
permit number assigned by the director.
(d) "Major discharger" means any holder of an NPDES permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30, 1998, a person applying for a
license
or license renewal to operate a public water system under section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Fees required under this division shall be calculated and
paid in accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of section 6109.21 of the Revised Code for any public water
system that is a community water system as defined in section
6109.01 of the Revised Code, and for each license renewal
required for such a system prior to January 31, 1998, the
fee is:
Number of service connections |
Fee amount
|
Not more than 49 | $ 56 |
50 to 99 | 88 |
Number of service connections | Average cost per connection |
100 to 2,499 | $ .96 |
2,500 to 4,999 | .92 |
5,000 to 7,499 | .88 |
7,500 to 9,999 | .84 |
10,000 to 14,999 | .80 |
15,000 to 24,999 | .76 |
25,000 to 49,999 | .72 |
50,000 to 99,999 | .68 |
100,000 to 149,999 | .64 |
150,000 to 199,999 | .60 |
200,000 or more | .56 |
A public water system may determine how it will pay the
total amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may be assessed on a volumetric basis.
As used in division (M)(1) of this section, "service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of section 6109.21 of the Revised Code for any public water
system that is not a community water system and serves a
nontransient population, and for each license renewal required
for such a system prior to January 31, 1998, the fee is:
Population served |
Fee amount
|
Fewer than 150 | $ 56 |
150 to 299 | 88 |
300 to 749 | 192 |
750 to 1,499 | 392 |
1,500 to 2,999 | 792 |
3,000 to 7,499 | 1,760 |
7,500 to 14,999 | 3,800 |
15,000 to 22,499 | 6,240 |
22,500 to 29,999 | 8,576 |
30,000 or more | 11,600 |
As used in division (M)(2) of this section, "population
served" means the total number of individuals receiving water
from the water supply during a twenty-four-hour period for at
least sixty days during any calendar year. In the absence of a
specific population count, that number shall be calculated at the
rate of three individuals per service connection.
(3) For the initial license required under division (A)(3)
of section 6109.21 of the Revised Code for any public water
system that is not a community water system and serves a
transient population, and for each license renewal required for such a
system prior to January 31, 1998, the fee is:
Number of wells supplying system | Fee amount |
System supplied by surface springs or dug wells | 792 |
As used in division (M)(3) of this section, "number of
wells supplying system" means those wells that are physically
connected to the plumbing system serving the public water system.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred dollars plus two-tenths of one per
cent of the estimated project cost, except that the total fee
shall not exceed fifteen thousand dollars through June 30,
1998, and five thousand dollars on and after July 1, 1998. The fee shall be
paid at the time the application is submitted.
(2) A PERSON WHO HAS
ENTERED INTO AN AGREEMENT WITH THE DIRECTOR UNDER DIVISION
(A)(2) OF SECTION 6109.07 OF
THE REVISED CODE SHALL PAY AN
ADMINISTRATIVE SERVICE FEE FOR EACH PLAN SUBMITTED UNDER THAT
SECTION FOR APPROVAL THAT SHALL NOT EXCEED THE MINIMUM AMOUNT NECESSARY TO PAY
ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO PROCESSING PLAN APPROVALS. THE
DIRECTOR ANNUALLY SHALL CALCULATE THE
FEE AND SHALL
NOTIFY ALL PERSONS THAT HAVE ENTERED INTO AGREEMENTS UNDER THAT
DIVISION, OR WHO HAVE APPLIED FOR AGREEMENTS, OF THE AMOUNT OF
THE FEE.
(3) Through June 30, 1998, the following fee, on a per survey
basis, shall be charged any person for services rendered by the
state in the evaluation of laboratories and laboratory personnel
for compliance with accepted analytical techniques and procedures
established pursuant to Chapter 6109. of the Revised Code for
determining the qualitative characteristics of water:
microbiological | $1,650 |
organic chemical | 4,500 3,500 |
inorganic chemical | 3,500 |
standard chemistry | 1,800 |
limited chemistry | 1,500 1,000 |
On and after July 1, 1998, the following fee, on a per
survey basis, shall be charged any such person:
microbiological | $250 |
chemical/radiological | 250 |
nitrate/turbidity (only) | 150 |
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30, 1998, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination
for certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of
twenty-five dollars through June 30, 1998,
and ten dollars on and after July 1, 1998. Upon approval
from the director that the applicant is eligible to take the
examination therefor,: the
applicant shall pay a fee in accordance with the following
schedule through June 30, 1998:
Class I operator | $45 |
Class II operator | 55 |
Class III operator | 65 |
Class IV operator | 75 |
On and after July 1, 1998, the applicant shall pay a fee
in accordance with the following schedule:
Class I operator | $25 |
Class II operator | 35 |
Class III operator | 45 |
Class IV operator | 55 |
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the surface
DRINKING water protection fund created in section 6111.038
6109.30 of the Revised Code.
(P) Through June 30, 1998, any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic yards of disposal or treatment capacity, or one thousand
dollars, whichever is greater, except that the total fee for any
such permit shall not exceed eighty thousand dollars. A person
issued a modification of a permit for a solid waste disposal
facility or an infectious waste treatment facility that does not
involve an increase in the total disposal or treatment capacity
of the facility shall pay a fee of one thousand dollars. A
person issued a permit to install a new, or modify an existing,
solid waste transfer facility under that chapter shall pay a fee
of two thousand five hundred dollars. A person issued a permit
to install a new or to modify an existing solid waste
incineration or composting facility, or an existing infectious
waste treatment facility using incineration as its principal
method of treatment, under that chapter shall pay a fee of one
thousand dollars. The increases in the permit fees under this
division resulting from the amendments made by Amended Substitute
House Bill 592 of the 117th general assembly do not apply to any
person who submitted an application for a permit to install a
new, or modify an existing, solid waste disposal facility under
that chapter prior to September 1, 1987; any such person shall
pay the permit fee established in this division as it existed
prior to June 24, 1988. In addition to the applicable permit fee
under this division, a person issued a permit to install or
modify a solid waste facility or an infectious waste treatment
facility under that chapter who fails to pay the permit fee to
the director in compliance with division (V) of this section
shall pay an additional ten per cent of the amount of the fee for
each week that the permit fee is late.
Permit and late payment fees paid to the director under
this division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee of one thousand dollars, except that if the facility is owned
or operated by a motor vehicle salvage dealer licensed under
Chapter 4738. of the Revised Code, the person shall pay a fee of
fifty dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code shall pay a nonrefundable fee of fifteen dollars at the time
the application is submitted, and any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
1998, and a nonrefundable fee of fifteen dollars at the
time the
application is submitted on and after July 1, 1998.
The director shall transmit all moneys collected under this division
(S)(1) OF THIS SECTION pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.
The director shall transmit all moneys collected under this
division (S)(1) OF THIS SECTION pursuant to Chapter 6111. of
the Revised Code to the
treasurer of state for deposit into the surface water protection
fund created in section 6111.038 of the Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders of any license, permit, variance, plan approval, or
certification required or authorized by Chapter 3704., 3734.,
6109., or 6111. of the Revised Code that are not specifically
established in this section. The fees shall be designed to
defray the cost of processing, issuing, revoking, modifying,
denying, and enforcing the licenses, permits, variances, plan
approvals, and certifications.
The director shall transmit all moneys collected under
rules adopted under division (T)(1) of this section pursuant to
Chapter 6109. of the Revised Code to the treasurer of state for
deposit into the drinking water protection fund created in
section 6109.30 of the Revised Code.
The director shall transmit all moneys collected under
rules adopted under division (T)(1) of this section pursuant to
Chapter 6111. of the Revised Code to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof, otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all fees required by this section are payable within thirty days
after the issuance of an invoice for the fee by the director or
the effective date of the issuance of the license, permit,
variance, plan approval, or certification. If payment is late,
the person responsible for payment of the fee shall pay an
additional ten per cent of the amount due for each month that it
is late.
(W) As used in this section, "fuel-burning equipment,"
"fuel-burning equipment input capacity," "incinerator,"
"incinerator input capacity," "process," "process weight rate,"
"storage tank," "gasoline dispensing facility," "dry cleaning
facility," "design flow discharge," and "new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I), and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1) "Facility," "federal Clean Air Act," "person," and
"Title V permit" have the same meanings as in section 3704.01 of
the Revised Code.
(2) "Title V permit program" means the following
activities as necessary to meet the requirements of Title V of
the federal Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and implementing and enforcing the terms of any Title V permit,
not including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business stationary sources to determine and meet their
obligations under the federal Clean Air Act pursuant to the small
business stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
Sec. 6103.22. All contracts under section 6103.21 of the
Revised Code shall provide for payment to the county or municipal
corporation owning, constructing, or agreeing to construct the
water supply improvement to be jointly used of the amount agreed
upon as the other party's share of the cost of such THE water
supply
improvement. The contract shall also SHALL provide for payment
to the
county or municipal corporation owning or constructing and
maintaining the same IMPROVEMENT of the amount agreed upon for
the other
party's share of the cost of operating and maintaining such THE
water
supply improvement, including the cost of water, or in lieu of
all other payments an agreed price per unit for water furnished.
Any such A county or municipal corporation owning, constructing,
or
agreeing to construct any such A water supply improvement and
permitting the use thereof OF IT by such other
ANOTHER county or municipal
corporation shall retain full control and management of the
construction, maintenance, repair, and operation of the same
IMPROVEMENT,
except when conveyed to a municipal corporation as provided in
this section. Any such contract, before going into effect, shall
be approved by the director of environmental protection. Any
A completed water supply or water-works system, as defined in
sections 6103.01 and 6103.02 of the Revised Code, for the use of
any sewer district, constructed under sections 6103.02 to 6103.30
of the Revised Code THIS CHAPTER, and any part thereof, located
within any
municipal corporation or within any area which THAT may be
incorporated as a municipal corporation or annexed to an existing
municipal corporation, or which THAT provides water for such
AN area, may by mutual agreement between the board of county
commissioners and such THE municipal corporation MAY be
conveyed to such THE municipal corporation, which shall
thereafter maintain and operate such THE water supply and
OR water-works. The board may retain the right to joint use of
such THE water supply and OR water-works for the
benefit of the district. The validity of any assessment which
THAT has been
levied or may thereafter be levied THEREAFTER to provide means
for the payment of the cost of such THE construction or
maintenance of such THE water supply or water-works or any part
thereof OF IT shall not be affected by such THE
conveyance.
Sec. 6109.01. As used in this chapter:
(A) "Public water system" means a system for the provision
to the public of piped water for human consumption if the system
has at least fifteen service connections or regularly serves at
least twenty-five individuals. "Public water system" includes
any collection, treatment, storage, and distribution facilities
under control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment
storage facilities not under such control which THAT are used
primarily in connection with the system, and any water supply
system serving an agricultural labor camp as defined in section
3733.41 of the Revised Code.
(B) "Contaminant" means any physical, chemical,
biological, or radiological substance or matter in water.
(C) "Person" means the state, any political subdivision,
agency, institution, or instrumentality thereof, any federal
agency, and any person as defined in section 1.59 of the Revised
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), and
regulations adopted thereunder, as amended BY THE "SAFE
DRINKING
WATER
AMENDMENTS OF 1977," 91
STAT. 1393, 42
U.S.C.
300(f), THE
"SAFE
DRINKING
WATER
ACT
AMENDMENTS OF 1986," 100
STAT. 642, 42
U.S.C.
300(f), AND THE
"SAFE
DRINKING
WATER
ACT
AMENDMENTS OF 1996," 110
STAT. 1613, 42
U.S.C.
300(f), AND REGULATIONS ADOPTED UNDER THOSE
ACTS.
(E) "Community water system" means a public water system
that has at least fifteen service connections used by year-round
residents or that regularly serves at least twenty-five
year-round residents.
(F) "SMALL
SYSTEM" MEANS A PUBLIC WATER SYSTEM SERVING A POPULATION OF TEN
THOUSAND OR FEWER INDIVIDUALS.
(G) "TECHNICAL
ASSISTANCE" MEANS NONFINANCIAL ASSISTANCE PROVIDED BY THE STATE
TO PUBLIC WATER SYSTEMS AND OTHER ELIGIBLE APPLICANTS,
INCLUDING, WITHOUT LIMITATION, ASSISTANCE FOR PLANNING AND
DESIGN, DEVELOPMENT, AND IMPLEMENTATION OF SOURCE WATER QUALITY
PROTECTION PROGRAMS; LOCATING ALTERNATIVE SUPPLIES OF DRINKING
WATER; OPERATIONAL TRAINING; RESTRUCTURING OR CONSOLIDATION OF
SMALL SYSTEMS; PROVIDING TREATMENT INFORMATION IN ORDER TO
ASSIST COMPLIANCE WITH A NATIONAL PRIMARY DRINKING WATER
STANDARD; AND OTHER NONFINANCIAL ASSISTANCE AUTHORIZED BY THE
REQUIREMENTS GOVERNING THE FUNDS ESTABLISHED UNDER THIS
CHAPTER.
(H) "DISADVANTAGED
COMMUNITY" MEANS THE SERVICE AREA OR PORTION OF A SERVICE AREA
OF A PUBLIC WATER SYSTEM THAT MEETS AFFORDABILITY AND OTHER
CRITERIA ESTABLISHED BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION
IN RULES ADOPTED UNDER DIVISION (M) OF SECTION 6109.22 OF THE
REVISED
CODE
AND MAY INCLUDE THE SERVICE AREA OR PORTION OF A SERVICE AREA OF A
PUBLIC WATER SYSTEM LOCATED IN A DISTRESSED AREA AS DEFINED IN SECTION 122.19
OF THE REVISED
CODE.
(I) "DIRECTOR OF
ENVIRONMENTAL PROTECTION" OR "DIRECTOR" INCLUDES AN AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR.
(J) "FEDERAL
WATER
POLLUTION
CONTROL
ACT" HAS THE SAME MEANING AS IN
SECTION 6111.01 OF THE REVISED
CODE.
Sec. 6109.04. (A) The director of environmental
protection shall administer and enforce Chapter 6109. of the
Revised Code THIS CHAPTER and rules adopted thereunder
UNDER IT.
(B) The director shall adopt, amend, and rescind such
rules in accordance with Chapter 119. of the Revised Code as may
be necessary or desirable to DO BOTH OF THE FOLLOWING:
(1) Govern public water systems in order to protect the
public health;
(2) Govern public water systems to protect the public
welfare, including rules governing contaminants in water which
THAT may adversely affect the suitability of the water for its
intended uses, or which THAT may otherwise adversely
affect the public health or welfare.
(C) The director may DO ANY OR ALL OF THE FOLLOWING:
(1) Adopt, amend, and rescind such rules in accordance
with Chapter 119. of the Revised Code as may be necessary or
desirable to DO ANY OR ALL OF THE FOLLOWING:
(a) Govern the granting of variances and exemptions from
rules adopted under this chapter, subject to requirements of the
Safe Drinking Water Act;
(b) Govern the certification of operators of public water
systems, including establishment of qualifications according to a
classification of public water systems, and OF provisions for
examination, grounds for revocation, reciprocity with other
states, RENEWAL OF CERTIFICATION, and other provisions necessary
or desirable for assurance
of proper operation of water systems;
(c) Carry out the powers and duties of the director under
Chapter 6109. of the Revised Code THIS CHAPTER.
(2) Provide a program for the general supervision of
operation and maintenance of public water systems;
(3) Maintain an inventory of public water systems;
(4) Adopt and implement a program for conducting sanitary
surveys of public water systems;
(5) Establish and maintain a system of record keeping and
reporting of activities of the environmental protection agency
under Chapter 6109. of the Revised Code THIS CHAPTER;
(6) Establish and maintain a program for the certification
of laboratories conducting analyses of drinking water;
(7) Issue, modify, and revoke orders as necessary to carry
out the director's powers and duties under Chapter 6109. of the
Revised Code THIS CHAPTER and primary enforcement responsibility
for public
water systems under the "Safe Drinking Water Act". Orders issued
under Chapter 6109. of the Revised Code THIS CHAPTER are subject
to Chapter
119. of the Revised Code.
(C)(D) Before adopting, amending, or rescinding a rule
authorized by Chapter 6109. of the Revised Code THIS CHAPTER,
the director shall DO ALL OF THE FOLLOWING:
(1) Mail notice to each statewide organization that he THE
DIRECTOR determines represents persons who would be affected by the
proposed rule, amendment, or repeal RESCISSION at least
thirty-five days
before any public hearing thereon;
(2) Mail a copy of each proposed rule, amendment, or
repeal RESCISSION to any person who requests a copy, within five
days after
receipt of the request;
(3) Consult with appropriate state and local government
agencies or their representatives, including statewide
organizations of local government officials, industrial
representatives, and other interested persons. Although
ALTHOUGH the director is expected to discharge these duties diligently,
failure to mail any such notice or copy, or to consult with any
person does not invalidate any proceeding or action of the
director.
Sec. 6109.07. (A) No person shall begin construction or
installation of a public water system, or make a substantial
change in a public water system, until plans therefor have been
approved by the director of environmental protection under
division (A)(1) or (2) of this section.
(1) Upon receipt of a proper application, the director
shall consider the need for compliance with requirements of the
Safe Drinking Water Act, and generally accepted standards for the
construction and equipping of water systems, and shall issue an
order approving or disapproving the plans. In granting an
approval, the director may stipulate conditions designed to
ensure that the system will be able to meet the requirements of
Chapter 6109. of the Revised Code THIS CHAPTER and rules adopted
under it.
(2) The director may enter into an agreement with a
political subdivision OR INVESTOR OWNED PUBLIC UTILITY that owns or
operates a public water system
and that intends to extend the distribution facilities of its
system, to increase the number of service connections to its
system, or to add distribution system pump stations or storage
tanks in the distribution system, which agreement authorizes a
qualified officer or employee of the political subdivision OR INVESTOR
OWNED PUBLIC UTILITY, as determined by the director, to review plans for
the extension of
the distribution facilities, the increase in the number of
service connections, or the addition of distribution system pump
stations or storage tanks in the distribution system for
compliance with this chapter and the rules adopted under it and
to certify to the director whether the plans comply with this
chapter and the rules adopted under it. If, pursuant to such an agreement,
the official or employee of the political subdivision OR INVESTOR OWNED
PUBLIC UTILITY designated in the agreement certifies to the director that
the plans comply with this chapter and the rules adopted under it and
if the plans and certification are accompanied by the applicable
amount of the AN ADMINISTRATIVE SERVICE fee calculated in
accordance with division (E) (N)(2) of section 3745.11 of the
Revised Code, the director shall approve
the plans without further review by issuance of an order as a
final action.
AS USED IN DIVISION
(A)(2) OF THIS SECTION,
"INVESTOR OWNED PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN
INDIVIDUAL, THAT IS A WATER-WORKS COMPANY, AS DEFINED IN SECTION
4905.03 OF THE REVISED CODE, AND THAT IS NOT OWNED OR
OPERATED
BY A MUNICIPAL CORPORATION OR OPERATED NOT FOR PROFIT.
(B) No person shall construct or install a public water
system, or make any substantial change in a public water system,
that is not in accordance with plans approved by the director.
(C) No person shall operate a public water system, and no
person who is an owner of a public water system shall permit its
operation, if the person knows or has reason to know that the
system was constructed or installed, or that a substantial change
was made in the system, in violation of division (A) or (B) of
this section, unless the person has obtained written
authorization from the director to operate the system pursuant to
division (D) of this section.
(D) The director may issue a notice by certified mail to
the operator or owner of a public water system that was
constructed, installed, or changed in violation of this section,
informing the operator or owner of the violation. The director
may issue an order authorizing the operator or owner to operate
for ninety days, and he THE DIRECTOR may by order extend
BY ORDER the authorization for periods as may be necessary to allow the
owner or operator
to submit plans, obtain their approval, and make such changes in the
system as may be necessary to bring the system into compliance
with the approved plans.
Sec. 6109.22. (A) THERE
IS HEREBY CREATED THE DRINKING WATER ASSISTANCE FUND TO PROVIDE
FINANCIAL AND TECHNICAL ASSISTANCE FOR THE PURPOSES OF
PROTECTING PUBLIC HEALTH AND ACHIEVING AND MAINTAINING
COMPLIANCE WITH THE SAFE
DRINKING
WATER
ACT AND THIS CHAPTER. IN
ADDITION TO THE ACCOUNTS CREATED UNDER DIVISIONS
(G) AND
(H) OF THIS SECTION, THE
DRINKING WATER ASSISTANCE FUND MAY INCLUDE ANY OTHER ACCOUNTS
ESTABLISHED BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION. THE
FUND SHALL BE ADMINISTERED BY THE DIRECTOR CONSISTENT WITH THE
SAFE
DRINKING
WATER
ACT, THIS SECTION, AND RULES
ADOPTED UNDER DIVISION (M) OF
THIS SECTION.
(B) THE DRINKING WATER
ASSISTANCE FUND SHALL CONSIST OF THE MONEYS CREDITED TO IT FROM
ALL CAPITALIZATION GRANTS RECEIVED UNDER THE
SAFE
DRINKING
WATER
ACT EXCEPT FOR MONEYS RESERVED
BY THE GOVERNOR PURSUANT TO TITLE
III, SECTION 302 OF THAT ACT, ALL MONEYS CREDITED TO THE
FUND FROM NONFEDERAL SOURCES, INCLUDING, WITHOUT LIMITATION, THE
PROCEEDS OF STATE BONDS OR NOTES ISSUED FOR THE BENEFIT OF THE
FUND, ALL PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM
THE FUND, AND ALL INVESTMENT EARNINGS ON MONEYS HELD IN THE
FUND. ON OR BEFORE THE DATE THAT A CAPITALIZATION GRANT PAYMENT
MADE UNDER THE AUTHORITY OF THE
SAFE
DRINKING
WATER
ACT IS CREDITED TO THE FUND,
REQUIRED MATCHING MONEYS SHALL BE CREDITED TO THE FUND. ANY
MONEYS TRANSFERRED TO OR RESERVED FROM THE DRINKING WATER
ASSISTANCE FUND PURSUANT TO TITLE
III, SECTION 302 OF THE
SAFE
DRINKING
WATER
ACT SHALL BE ACCOUNTED FOR
SEPARATELY.
(C) IN A MANNER CONSISTENT WITH THE SAFE
DRINKING
WATER ACT AND
THE APPLICABLE DRINKING WATER ASSISTANCE MANAGEMENT PLAN PREPARED IN
ACCORDANCE
WITH THIS SECTION, THE DIRECTOR MAY
RESERVE AND AWARD FOR ASSISTANCE MONEYS ALLOTTED TO THE STATE
UNDER SECTION 1452 OF THE SAFE
DRINKING
WATER
ACT, PROVIDED THAT THE DIRECTOR
MAKES A DETERMINATION THAT THE USE OF THE MONEYS WILL ACCOMPLISH
THE STATE'S OBJECTIVES AND THE OBJECTIVES ESTABLISHED FOR
CAPITALIZATION GRANTS UNDER THE
SAFE
DRINKING
WATER
ACT. THE DIRECTOR MAY USE A PORTION OF THE RESERVED MONEYS TO
ENTER INTO
CONTRACTS WITH QUALIFIED ORGANIZATIONS, INCLUDING PRIVATE NONPROFIT
ORGANIZATIONS, TO PROVIDE STATEWIDE ON-SITE TECHNICAL ASSISTANCE TO SMALL
PUBLIC WATER SYSTEMS.
(D) SUBJECT TO THE TERMS
OF THE AGREEMENTS PROVIDED FOR IN DIVISION
(E) OF THIS SECTION, MONEYS IN
THE DRINKING WATER ASSISTANCE FUND SHALL BE HELD IN TRUST BY THE
OHIO WATER DEVELOPMENT
AUTHORITY FOR THE PURPOSES OF THIS SECTION, SHALL BE KEPT IN THE
SAME MANNER THAT FUNDS OF THE AUTHORITY ARE KEPT UNDER SECTION
6121.11 OF THE REVISED
CODE, AND MAY BE INVESTED IN
THE SAME MANNER THAT FUNDS OF THE AUTHORITY ARE INVESTED UNDER
SECTION 6121.12 OF THE REVISED
CODE. MONEYS IN THE DRINKING
WATER ASSISTANCE FUND SHALL BE SEPARATE AND APART FROM AND NOT A
PART OF THE STATE TREASURY OR OF THE OTHER FUNDS OF THE
AUTHORITY. NO WITHDRAWALS OR DISBURSEMENTS SHALL BE MADE FROM
THE DRINKING WATER ASSISTANCE FUND WITHOUT THE WRITTEN
AUTHORIZATION OF THE DIRECTOR.
(E) THE DIRECTOR SHALL ADOPT WRITTEN CRITERIA TO ENSURE THAT
FISCAL CONTROLS ARE ESTABLISHED FOR PRUDENT
ADMINISTRATION OF THE DRINKING WATER ASSISTANCE FUND. FOR THAT
PURPOSE, THE DIRECTOR AND THE AUTHORITY SHALL ENTER INTO ANY
NECESSARY AND APPROPRIATE AGREEMENTS UNDER WHICH THE AUTHORITY
MAY PERFORM OR PROVIDE ANY OF THE FOLLOWING:
(1) FISCAL CONTROLS AND ACCOUNTING PROCEDURES GOVERNING
FUND BALANCES, RECEIPTS, AND DISBURSEMENTS;
(2) ADMINISTRATION OF LOAN ACCOUNTS;
(3) MAINTENANCE, MANAGEMENT, AND INVESTMENT OF MONEYS IN
THE FUND.
ANY AGREEMENT ENTERED INTO UNDER DIVISION
(E) OF THIS SECTION SHALL
PROVIDE FOR THE PAYMENT OF REASONABLE FEES TO THE AUTHORITY FOR
ANY SERVICES IT PERFORMS UNDER THE AGREEMENT AND MAY PROVIDE FOR
REASONABLE FEES FOR THE ASSISTANCE OF FINANCIAL OR ACCOUNTING
ADVISORS. PAYMENT OF ANY OF THE FEES TO THE AUTHORITY SHALL BE
MADE SOLELY FROM THE DRINKING WATER ASSISTANCE ADMINISTRATIVE ACCOUNT
ESTABLISHED UNDER DIVISION (G)
OF THIS SECTION.
(F) THE AUTHORITY MAY
MAKE MONEYS AVAILABLE TO THE DIRECTOR FOR THE PURPOSE OF
PROVIDING MATCHING MONEYS REQUIRED TO BE CREDITED TO THE
DRINKING WATER ASSISTANCE FUND UNDER DIVISION
(B) OF THIS SECTION, SUBJECT TO
ANY TERMS THAT THE DIRECTOR AND THE AUTHORITY CONSIDER
APPROPRIATE, AND MAY PLEDGE MONEYS THAT ARE HELD BY THE
AUTHORITY TO SECURE THE PAYMENT OF BONDS OR NOTES ISSUED BY THE
AUTHORITY TO PROVIDE THOSE MATCHING MONEYS.
THE DIRECTOR AND THE AUTHORITY MAY ENTER INTO TRUST
AGREEMENTS TO ENABLE THE AUTHORITY TO ISSUE AND REFUND BONDS OR
NOTES FOR THE SOLE BENEFIT OF THE DRINKING WATER ASSISTANCE
FUND, INCLUDING, WITHOUT LIMITATION, THE RAISING OF MATCHING
MONEYS REQUIRED TO BE CREDITED TO THE FUND IN ACCORDANCE WITH
DIVISION (B) OF THIS SECTION.
THE AGREEMENTS MAY AUTHORIZE THE PLEDGE OF MONEYS ACCRUING TO
THE FUND FROM PAYMENTS OF PRINCIPAL OR INTEREST OR BOTH ON LOANS
MADE FROM THE FUND TO SECURE BONDS OR NOTES, THE PROCEEDS OF
WHICH BONDS OR NOTES SHALL BE FOR THE SOLE BENEFIT OF THE
DRINKING WATER ASSISTANCE FUND. THE AGREEMENTS MAY CONTAIN ANY
TERMS THAT THE DIRECTOR AND THE AUTHORITY CONSIDER REASONABLE
AND PROPER FOR THE PAYMENT AND SECURITY OF THE BONDHOLDERS OR
NOTEHOLDERS.
(G) THERE IS HEREBY
ESTABLISHED WITHIN THE DRINKING WATER ASSISTANCE FUND THE
DRINKING WATER ASSISTANCE ADMINISTRATIVE ACCOUNT.
NO STATE MATCHING MONEYS
DEPOSITED INTO THE FUND UNDER THIS SECTION SHALL BE USED FOR THE PURPOSE OF
PAYING FOR OR DEFRAYING THE COSTS OF ADMINISTERING THIS SECTION. NO FEES
SHALL
BE COLLECTED FROM APPLICANTS FOR ASSISTANCE PROVIDED UNDER THIS SECTION FOR
THE
PURPOSES OF PAYING FOR OR DEFRAYING THE COSTS OF SUCH ADMINISTRATION.
(H) THERE IS HEREBY
ESTABLISHED WITHIN THE DRINKING WATER ASSISTANCE FUND THE WATER
SUPPLY REVOLVING LOAN ACCOUNT. THE DIRECTOR MAY PROVIDE
FINANCIAL ASSISTANCE FROM THE WATER SUPPLY REVOLVING LOAN
ACCOUNT FOR IMPROVEMENTS TO COMMUNITY WATER SYSTEMS AND TO
NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS.
(I) ALL MONEYS FROM THE
FUND CREDITED TO THE WATER SUPPLY REVOLVING LOAN ACCOUNT, ALL
INTEREST EARNED ON MONEYS CREDITED TO THE ACCOUNT, AND ALL
PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE
ACCOUNT SHALL BE DEDICATED IN PERPETUITY AND USED AND REUSED
SOLELY FOR THE FOLLOWING PURPOSES, EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION:
(1) TO MAKE LOANS TO COMMUNITY WATER SYSTEMS AND
NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS, SUBJECT TO ALL OF
THE FOLLOWING CONDITIONS:
(a) THE LOANS ARE MADE AT OR BELOW MARKET RATES OF
INTEREST, INCLUDING, WITHOUT LIMITATION, INTEREST-FREE
LOANS;
(b) EACH RECIPIENT OF A LOAN SHALL ESTABLISH A
DEDICATED SOURCE OF SECURITY OR REVENUE FOR REPAYMENT OF THE
LOAN;
(c) ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THE
LOANS SHALL BE CREDITED TO THE WATER SUPPLY REVOLVING LOAN
ACCOUNT.
(2) TO PURCHASE OR REFINANCE AT OR BELOW MARKET RATES
INTEREST DEBT OBLIGATIONS INCURRED AFTER
JULY 1, 1993, BY MUNICIPAL
CORPORATIONS, OTHER POLITICAL SUBDIVISIONS, AND INTERSTATE
AGENCIES HAVING TERRITORY IN THE STATE;
(3) TO GUARANTEE OR PURCHASE INSURANCE FOR DEBT
OBLIGATIONS WHEN THE GUARANTEE OR INSURANCE WOULD IMPROVE THE
BORROWER'S ACCESS TO CREDIT MARKETS OR WOULD REDUCE THE INTEREST
PAID ON THOSE OBLIGATIONS;
(4) AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT
OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OR REVENUE BONDS
OR NOTES ISSUED BY THIS STATE IF THE PROCEEDS OF THE SALE OF
THE BONDS OR NOTES ARE OR WILL BE DEPOSITED INTO THE
ACCOUNT;
(5) TO PROVIDE SUBSIDIES IN ADDITION TO ANY OTHER
FINANCIAL ASSISTANCE AFFORDED DISADVANTAGED COMMUNITIES UNDER
THIS SECTION;
(6) TO EARN INTEREST ON MONEYS CREDITED TO THE
ACCOUNT;
(7) TO PROVIDE ANY OTHER ASSISTANCE AUTHORIZED BY THE
SAFE
DRINKING
WATER
ACT.
(J) THE DIRECTOR MAY
PROVIDE FINANCIAL ASSISTANCE FROM THE WATER SUPPLY REVOLVING
LOAN ACCOUNT AFTER DETERMINING ALL OF THE FOLLOWING:
(1) THE APPLICANT FOR FINANCIAL ASSISTANCE HAS THE LEGAL,
INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO
CONSTRUCT, OPERATE, AND MAINTAIN ITS PUBLIC WATER SYSTEM AND THE
PROPOSED IMPROVEMENTS TO IT;
(2) THE APPLICANT WILL IMPLEMENT A FINANCIAL MANAGEMENT
PLAN THAT INCLUDES, WITHOUT LIMITATION, PROVISIONS FOR
SATISFACTORY REPAYMENT OF THE FINANCIAL ASSISTANCE;
(3) THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT FOR
WHICH ASSISTANCE IS PROPOSED IS A PART IS ECONOMICALLY AND
NONMONETARILY COST-EFFECTIVE, BASED ON AN EVALUATION OF FEASIBLE
ALTERNATIVES THAT MEET THE DRINKING WATER TREATMENT NEEDS OF THE
PLANNING AREA IN WHICH THE PROPOSED PROJECT IS LOCATED;
(4) BASED ON A COMPREHENSIVE ENVIRONMENTAL REVIEW
APPROVED BY THE DIRECTOR, THERE ARE NO SIGNIFICANT ADVERSE
ENVIRONMENTAL EFFECTS RESULTING FROM ALL NECESSARY IMPROVEMENTS
TO THE PUBLIC WATER SYSTEM OF WHICH THE PROJECT PROPOSED FOR
ASSISTANCE IS A PART;
(5) PUBLIC PARTICIPATION HAS OCCURRED DURING THE PROCESS
OF PLANNING THE PROJECT IN COMPLIANCE WITH APPLICABLE
REQUIREMENTS UNDER THE SAFE
DRINKING
WATER
ACT;
(6) THE APPLICATION MEETS THE REQUIREMENTS OF THIS
SECTION AND RULES ADOPTED UNDER DIVISION
(M) OF THIS SECTION AND IS
CONSISTENT WITH SECTION 1452 OF THE
SAFE
DRINKING
WATER
ACT AND REGULATIONS ADOPTED
UNDER IT;
(7) IF
THE APPLICANT FOR ASSISTANCE IS A WATER DISTRICT FORMED UNDER
CHAPTER 6119. OF THE
REVISED CODE
THAT OPERATES A PUBLIC WATER SYSTEM AND THAT WATER DISTRICT SEEKS TO EXTEND
THE
DISTRIBUTION FACILITIES, INCREASE THE NUMBER OF SERVICE CONNECTIONS TO ITS
SYSTEM, OR PROVIDE FOR ANY OTHER EXPANSION OF ITS SYSTEM, THE WATER DISTRICT
HAS CONSULTED WITH THE BOARD OF COUNTY COMMISSIONERS FROM EACH
COUNTY IN WHICH IS LOCATED THE PROPOSED EXTENSION OF DISTRIBUTION FACILITIES,
INCREASE IN THE
NUMBER OF SERVICE CONNECTIONS, OR OTHER EXPANSION OF THE PUBLIC WATER
SYSTEM;
(8) THE APPLICATION MEETS ANY OTHER REQUIREMENTS THAT THE
DIRECTOR CONSIDERS NECESSARY OR APPROPRIATE TO PROTECT PUBLIC
HEALTH AND THE ENVIRONMENT AND TO ENSURE THE FINANCIAL INTEGRITY
OF THE WATER SUPPLY REVOLVING LOAN ACCOUNT.
UPON APPROVAL BY THE DIRECTOR OF AN APPLICATION FOR
FINANCIAL ASSISTANCE, THE OHIO
WATER DEVELOPMENT AUTHORITY SHALL DISBURSE THE APPROPRIATE
FINANCIAL ASSISTANCE FROM THE WATER SUPPLY REVOLVING LOAN
ACCOUNT. IF THE PROPOSED FINANCIAL ASSISTANCE IS A LOAN, AND IF
THE PAYMENTS OF THE PRINCIPAL OR INTEREST ON THE LOAN ARE OR ARE
EXPECTED TO BE PLEDGED TO SECURE PAYMENT OF BONDS ISSUED OR
EXPECTED TO BE ISSUED BY THE AUTHORITY, THE DIRECTOR SHALL
SUBMIT THE APPLICATION FOR THE LOAN TO THE AUTHORITY FOR REVIEW
AND APPROVAL WITH RESPECT TO ANY MATTERS PERTAINING TO SECURITY
FOR AND THE MARKETABILITY OF AUTHORITY BONDS. REVIEW AND
APPROVAL BY THE AUTHORITY SHALL BE REQUIRED PRIOR TO THE MAKING
OF SUCH A LOAN.
(K) IN ACCORDANCE WITH
RULES ADOPTED UNDER DIVISION
(M) OF THIS SECTION, THE
DIRECTOR PERIODICALLY SHALL PREPARE A DRINKING WATER ASSISTANCE
MANAGEMENT PLAN ESTABLISHING THE SHORT-TERM AND LONG-TERM GOALS
FOR THE ASSISTANCE PROVIDED UNDER THIS SECTION, THE ALLOCATION
OF AVAILABLE RESOURCES FOR THE PURPOSES OF THIS SECTION, THE
ENVIRONMENTAL, FINANCIAL, AND ADMINISTRATIVE TERMS, CONDITIONS,
AND CRITERIA FOR THE AWARD OF FINANCIAL AND TECHNICAL ASSISTANCE
UNDER THIS SECTION, AND THE INTENDED USES OF CAPITALIZATION
GRANTS AND AVAILABLE MONEYS FROM THE DRINKING WATER ASSISTANCE
FUND. CRITERIA FOR AWARDING FINANCIAL OR TECHNICAL ASSISTANCE
UNDER THIS SECTION SHALL NOT FAVOR OR DISFAVOR ANY NONPROFIT NONCOMMUNITY
PUBLIC WATER SYSTEM BECAUSE IT IS OWNED, OPERATED BY, OR SERVICES A RELIGIOUS
ORGANIZATION OR A FACILITY USED FOR RELIGIOUS PURPOSES. PRIOR TO ITS
ADOPTION, THE DIRECTOR
SHALL MAKE THE DRINKING WATER ASSISTANCE MANAGEMENT PLAN
AVAILABLE FOR PUBLIC REVIEW
AND COMMENT AT A
MINIMUM OF TWO PUBLIC MEETINGS AND SHALL TAKE ADEQUATE STEPS TO ENSURE THAT
REASONABLE PUBLIC NOTICE OF EACH PUBLIC MEETING IS GIVEN AT LEAST THIRTY DAYS
PRIOR TO THE MEETING.
THE PLAN SHALL INCLUDE WITHOUT LIMITATION, A SYSTEM THAT
PRIORITIZES PROJECTS FUNDED BY THE WATER SUPPLY REVOLVING LOAN
ACCOUNT BASED ON THE RELATIVE RISK TO HUMAN HEALTH BEING
ADDRESSED, THEIR NECESSITY FOR ENSURING COMPLIANCE WITH
REQUIREMENTS OF THE SAFE
DRINKING
WATER
ACT, AND THEIR AFFORDABILITY TO
THE APPLICANTS, AS DETERMINED BY THE DIRECTOR. FINANCIAL
ASSISTANCE FOR PROJECTS FROM THE WATER SUPPLY REVOLVING LOAN
ACCOUNT SHALL BE LIMITED TO PROJECTS THAT ARE INCLUDED IN THAT
PRIORITIZATION AND SHALL BE AWARDED BASED UPON THEIR PRIORITY
POSITION AND THE APPLICANTS' READINESS TO PROCEED WITH THEIR
PROPOSED ACTIVITIES AS DETERMINED BY THE DIRECTOR. THE DRINKING
WATER ASSISTANCE MANAGEMENT PLAN SHALL INCLUDE TERMS,
CONDITIONS, AMOUNTS OF MONEYS, AND QUALIFYING CRITERIA, IN
ADDITION TO ANY OTHER CRITERIA ESTABLISHED UNDER THIS SECTION,
GOVERNING THE FINANCIAL ASSISTANCE TO BE AWARDED TO APPLICANTS
FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT. THE DIRECTOR SHALL
DETERMINE THE MOST EFFECTIVE USE OF THE MONEYS IN THAT ACCOUNT
TO ACHIEVE THE STATE'S DRINKING WATER ASSISTANCE GOALS AND
OBJECTIVES.
(L) THE DIRECTOR,
CONSISTENT WITH THIS SECTION AND APPLICABLE RULES ADOPTED UNDER
DIVISION (M) OF THIS SECTION,
MAY ENTER INTO AN AGREEMENT WITH AN APPLICANT FOR ASSISTANCE
FROM THE DRINKING WATER ASSISTANCE FUND. BASED ON THE
DIRECTOR'S REVIEW AND APPROVAL OF THE PROJECT PLANS SUBMITTED
UNDER SECTION 6109.07 OF THE
REVISED
CODE, ANY DETERMINATIONS MADE
UNDER DIVISION (J) OF THIS
SECTION IF AN APPLICANT SEEKS FUNDING FROM THE WATER SUPPLY
REVOLVING LOAN ACCOUNT, AND ANY OTHER REQUIREMENTS OF THIS
SECTION AND RULES ADOPTED UNDER IT, THE DIRECTOR MAY ESTABLISH
IN THE AGREEMENT ENVIRONMENTAL AND FINANCIAL TERMS AND
CONDITIONS OF THE FINANCIAL ASSISTANCE TO BE OFFERED TO THE
APPLICANT. IF THE RECIPIENT OF FINANCIAL ASSISTANCE UNDER THIS
SECTION DEFAULTS ON ANY PAYMENT REQUIRED IN THE AGREEMENT FOR
FINANCIAL ASSISTANCE OR OTHERWISE VIOLATES A TERM OR CONDITION
OF THE AGREEMENT OR OF THE PLAN APPROVAL FOR THE PROJECT UNDER
SECTION 6109.07 OF THE REVISED
CODE, THE DIRECTOR, IN ADDITION
TO ANY OTHER AVAILABLE REMEDIES, MAY TERMINATE, SUSPEND, OR
REQUIRE IMMEDIATE REPAYMENT OF THE FINANCIAL ASSISTANCE. THE
DIRECTOR ALSO MAY TAKE ANY ENFORCEMENT ACTION AVAILABLE UNDER
THIS CHAPTER.
(M) THE DIRECTOR MAY
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE
REVISED
CODE FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THIS SECTION. THE RULES SHALL BE CONSISTENT
WITH SECTION 1452 OF THE SAFE
DRINKING
WATER
ACT.
(N)(1) FOR THE PURPOSES
OF THIS SECTION, APPEALABLE ACTIONS OF THE DIRECTOR PURSUANT TO
SECTION 3745.04 OF THE REVISED
CODE ARE LIMITED TO THE
FOLLOWING:
(a) ADOPTION OF THE DRINKING WATER ASSISTANCE
MANAGEMENT PLAN PREPARED UNDER DIVISION
(K) OF THIS SECTION;
(b) APPROVAL OF PRIORITY SYSTEMS, PRIORITY LISTS,
AND WRITTEN PROGRAM ADMINISTRATION POLICIES;
(c) APPROVAL OR DISAPPROVAL UNDER THIS SECTION OF
APPLICANTS' PROJECT PLANS SUBMITTED UNDER SECTION 6109.07 OF THE
REVISED
CODE;
(d) APPROVAL OR DISAPPROVAL OF AN
APPLICATION FOR ASSISTANCE.
(2) NOTWITHSTANDING SECTION 119.06 OF THE
REVISED
CODE, THE DIRECTOR MAY TAKE THE
FINAL ACTIONS DESCRIBED IN DIVISIONS
(N)(1)(a)
TO (d) OF THIS SECTION WITHOUT HOLDING AN
ADJUDICATION HEARING IN CONNECTION WITH THE ACTION AND WITHOUT
FIRST ISSUING A PROPOSED ACTION UNDER SECTION 3745.07 OF THE
REVISED
CODE.
(3) EACH ACTION DESCRIBED IN DIVISIONS
(N)(1)(a)
TO (d)OF THIS SECTION AND EACH
APPROVAL OF A PLAN UNDER SECTION 6109.07 OF THE
REVISED
CODE IS A SEPARATE AND DISCRETE
ACTION OF THE DIRECTOR. APPEALS ARE LIMITED TO THE ISSUES
CONCERNING THE SPECIFIC ACTION APPEALED. ANY APPEAL SHALL NOT
INCLUDE ISSUES DETERMINED UNDER THE SCOPE OF ANY PRIOR
ACTION.
(O) THE FAILURE OR
INABILITY OF A PUBLIC WATER SYSTEM TO OBTAIN ASSISTANCE UNDER
THIS SECTION DOES NOT ALTER THE OBLIGATION OF THE PUBLIC WATER
SYSTEM TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS
CHAPTER AND RULES ADOPTED UNDER IT.
Sec. 6109.23. TO THE EXTENT
REQUIRED BY THESAFEDRINKINGWATERACT AND RULES ADOPTED UNDER IT,
THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ADOPT, AMEND, AND
RESCIND RULES PURSUANT TO SECTION 6109.04 OF THEREVISEDCODE
PROVIDING FOR THE ADMINISTRATIVE ASSESSMENT AND COLLECTION OF
MONETARY PENALTIES FOR FAILURE TO COMPLY
WITH THIS CHAPTER OR RULES ADOPTED UNDER IT. FOR PUBLIC WATER SYSTEMS SERVING
POPULATIONS OF MORE THAN TEN THOUSAND, A MONETARY PENALTY
ASSESSED UNDER THIS SECTION SHALL BE NOT LESS THAN ONE THOUSAND
DOLLARS FOR EACH DAY OF EACH VIOLATION. FOR PUBLIC WATER
SYSTEMS SERVING POPULATIONS OF TEN THOUSAND OR FEWER, THE RULES
ADOPTED UNDER THIS SECTION SHALL ESTABLISH A METHODOLOGY FOR
CALCULATING THE MONETARY PENALTY BASED ON THE SIZE OF THE
SYSTEM, THE THREAT TO PUBLIC HEALTH PRESENTED BY THE FAILURE TO
COMPLY, AND OTHER FACTORS THAT MAY BE NECESSARY TO ENSURE
COMPLIANCE WITH THIS CHAPTER AND RULES ADOPTED UNDER IT. FOR
THE PURPOSES OF THIS SECTION, THE DIRECTOR MAY REQUIRE THE
SUBMISSION OF COMPLIANCE SCHEDULES AND RELATED
INFORMATION.
ANY ORDERS, PAYMENTS, SANCTIONS, OR OTHER
REQUIREMENTS IMPOSED PURSUANT TO RULES ADOPTED UNDER THIS
SECTION ARE IN ADDITION TO ANY OTHER ORDERS, PAYMENTS,
SANCTIONS, OR REQUIREMENTS ISSUED OR IMPOSED UNDER THIS CHAPTER
AND RULES ADOPTED UNDER IT AND SHALL NOT AFFECT ANY CIVIL OR
CRIMINAL ENFORCEMENT PROCEEDINGS BROUGHT UNDER THIS CHAPTER,
RULES ADOPTED UNDER IT, OR ANY OTHER STATE OR LOCAL LAW. MONEYS
COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE
DRINKING WATER PROTECTION FUND CREATED IN SECTION 6109.30 OF THEREVISEDCODE.
Sec. 6109.24. A PUBLIC WATER SYSTEM
THAT IS A COMMUNITY WATER SYSTEM, OR THAT IS NOT A COMMUNITY
WATER SYSTEM AND SERVES A NONTRANSIENT POPULATION, AND THAT
PROPOSES TO COMMENCE PROVIDING WATER TO THE PUBLIC AFTEROCTOBER
1, 1999, SHALL INCLUDE WITH THE SUBMISSION OF PLANS REQUIRED
UNDER SECTION 6109.07 OF THEREVISEDCODE
DOCUMENTATION THAT DEMONSTRATES THE TECHNICAL, MANAGERIAL, AND
FINANCIAL CAPABILITY OF THE SYSTEM TO COMPLY WITH THIS CHAPTER
AND RULES ADOPTED UNDER IT. THE DIRECTOR OF ENVIRONMENTAL
PROTECTION SHALL ADOPT, AND MAY AMEND AND RESCIND, RULES
PURSUANT TO SECTION 6109.04 OF THEREVISEDCODE
ESTABLISHING REQUIREMENTS GOVERNING THE DEMONSTRATION OF
TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY FOR THE PURPOSES
OF THIS SECTION.
THE DIRECTOR MAY DENY APPROVAL OF PLANS
SUBMITTED UNDER SECTION 6109.07 OF THEREVISEDCODE
IF THE PUBLIC WATER SYSTEM THAT SUBMITTED THE PLANS FAILS TO
DEMONSTRATE TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY IN
ACCORDANCE WITH THIS SECTION AND RULES ADOPTED UNDER
IT.
Sec. 6111.14. The director of environmental protection may
enter into an agreement with a political subdivision OR INVESTOR OWNED
PUBLIC UTILITY that owns or operates a disposal system and that intends to
extend the
sewerage lines of its disposal system or to increase the number
of service connections to its sewerage system, which agreement
authorizes a qualified official or employee of the political
subdivision OR INVESTOR OWNED PUBLIC UTILITY, as determined by the
director, to review plans for
the extension of the sewerage system or increase in the number of
service connections for compliance with this chapter and the
rules adopted under it and to certify to the director whether the
plans comply with this chapter and the rules adopted under it.
If, pursuant to such an agreement, the official or employee of
the political subdivision OR INVESTOR OWNED PUBLIC UTILITY designated
in the agreement certifies
to the director that the plans comply with this chapter and the
rules adopted under it and if the plans and certification are
accompanied by the applicable amount of the AN ADMINISTRATIVE
SERVICE fee calculated in accordance with division (C)(2)
(L)(4) of section 3745.11 of the Revised
Code, the director, by final action, shall approve the plans
without further review. The director or his THE DIRECTOR'S
authorized
representative may inspect the construction or installation of an
extension of a sewerage system or additional service connections
for which plans have been approved under this section.
The approval of plans by the director pursuant to this
section constitutes the approval of the plans for the purposes of
any rules adopted under division (E) of section 6111.03 of the
Revised Code that require the approval of plans for extensions of
sewerage systems or increases in the number of service
connections to sewerage systems.
AS USED IN THIS SECTION, "INVESTOR
OWNED PUBLIC UTILITY" MEANS A PERSON, OTHER THAN AN INDIVIDUAL,
THAT IS A SEWAGE DISPOSAL SYSTEM COMPANY, AS DEFINED IN SECTION
4905.03 of the Revised Code, AND THAT IS NOT OWNED OR OPERATED
BY A MUNICIPAL CORPORATION OR OPERATED NOT FOR PROFIT.
Sec. 6121.01. As used in this chapter:
(A) "Beneficial use" means a use of water, including the
method of diversion, storage, transportation, treatment, and
application, that is reasonable and consistent with the public
interest in the proper utilization of water resources, including,
without limitation, domestic, agricultural, industrial, power,
municipal, navigational, fish and wildlife, and recreational
uses.
(B) "Governmental agencies" means departments, divisions,
or other units of state government, watershed districts, soil and
water conservation districts, municipal corporations, counties,
townships, and other political subdivisions, special water
districts, including county and regional sewer and water
districts, conservancy districts, sanitary districts, sewer
districts or any other public corporation or agency having the
authority to acquire, construct, or operate waste water or water
management facilities, the United States or any agency thereof,
and any agency, commission, or authority established pursuant to
an interstate compact or agreement.
(C) "Person" means any individual, firm, partnership,
association, or corporation, or two or more or any combination
thereof.
(D) "Waters of the state" means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations
of water, surface and underground, natural or artificial, which
THAT are situated wholly or partly within, or border upon, this
state, or are within its jurisdiction, except those private waters
which THAT do not combine or effect a junction with natural
surface or
underground waters.
(E) "Water resources" means all waters of the state
occurring on the surface in natural or artificial channels,
lakes, reservoirs, or impoundments, and underground in subsurface
aquifers, which THAT are available or may be made available to
agricultural, industrial, commercial, recreational, public, and
domestic users.
(F) "Project" or "water development project" means any EITHER
of the following:
(1) Any waste water facility or water management facility,
including undivided or other interests therein, acquired or
constructed or to be acquired or constructed by the Ohio water
development authority under this chapter, or acquired or
constructed or to be acquired or constructed by a governmental
agency or person with all or a portion of the cost thereof being
paid from a loan or grant from the authority under this chapter,
including all buildings and facilities which THAT the authority
deems CONSIDERS necessary for the operation of the project,
together with all
property, rights, easements, and interest which THAT may be
required for the operation of the project;
(2) Any project or activity qualifying for financial
assistance under section 6109.22, 6111.036, or 6111.037 of the
Revised Code.
(G) "Pollution" means the placing of any noxious or
deleterious substances in any waters of the state or otherwise
affecting the waters or properties of any waters of the state,
including the temperature or radioactivity thereof, in a manner
which THAT is or renders such THE waters harmful
or inimical to the public health, or to animal or aquatic life, or to
the use of such THE waters for domestic water supply,
industrial, or agricultural purposes, or recreation.
(H) "Sewage" means any substance that contains any of the
waste products or excrementitious or other discharge from the
bodies of human beings or animals, which AND THAT pollutes the
waters of the state, or which THAT in the absence of a
waste water facility
would pollute or cause greater pollution of the waters of the
state.
(I) "Industrial waste" means any liquid, gaseous, or solid
waste substance, heat, radioactivity, or radiation, resulting
from any process of industry, manufacture, trade, or business, or
from the development, processing, or recovery of any natural
resource, together with such sewage as is present, which THAT
pollutes
the waters of the state, or which THAT in the absence of
a waste water
facility would pollute or cause greater pollution of the waters
of the state.
(J) "Waste water" means any water containing sewage or
industrial waste or other pollutants or contaminants derived from
the prior use of such THE water.
(K) "Waste water facilities" means facilities, property,
or the modification or replacement of property, for the purpose
of treating, neutralizing, disposing of, stabilizing, dispersing,
cooling, segregating, or holding waste water, or for the removal,
reduction, containment, alteration, storage, or disposal of
sewage or industrial waste or substances containing sewage or
industrial waste, or FOR the prevention or reduction, or reduction of
the concentration, of pollution of the waters of the state,
including, without limitation, facilities for the withdrawal of
waters of the state, facilities for the treatment and disposal of
sewage or industrial waste and the residue thereof, facilities
for the temporary or permanent impoundment of waste water, both
surface and underground, and sanitary sewers and other systems,
whether on the surface or underground, designed to transport
waste water together with the equipment and furnishings thereof
and their appurtenances and systems, whether on the surface or
underground, including force mains and pumping facilities
therefor when necessary, and facilities or expenditures which
THAT qualify as water pollution control facilities under Section
103(C) (4) (F) of the Internal Revenue Code of 1954, as amended,
and regulations ADOPTED thereunder, and further ALSO
includes any property or
system to be used in whole or in part for any of the aforesaid
FOREGOING purposes, whether or not another purpose is also served, and
any
property or system incidental to or which THAT has to do with or
the
end purpose of which is any of the foregoing. Waste water
facilities as defined in this division for industry, commerce,
distribution, or research, including public utility companies,
are hereby determined to be those which THAT qualify as
facilities for
the control of water pollution and thermal pollution related to
water under Section 13 of Article VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the
development, use, and protection of water resources, including,
without limitation, facilities for water supply, facilities for
stream flow improvement, dams, reservoirs, and other
impoundments, water transmission lines, water wells and well
fields, pumping stations and works for underground water
recharge, facilities for the management and treatment of storm
water, stream monitoring systems, facilities for the
stabilization of stream and river banks, and facilities for the
treatment of streams and rivers, including, without limitation,
facilities for the removal of oil, debris, and other solid waste
from the waters of the state and stream and river aeration
facilities.
(M) "Cost" as applied to water development project means
the cost of acquisition and construction, the cost of acquisition
of all land, rights-of-way, property rights, easements, franchise
rights, and interests required for such THAT acquisition and
construction, the cost of demolishing or removing any buildings
or structures on land so acquired, including the cost of
acquiring any lands to which such THE buildings or structures
may be
moved, the cost of acquiring or constructing and equipping a
principal office and sub-offices of the authority, the cost of
diverting highways, interchange of highways, OR access roads to
private property, including the cost of land or easements
therefor, the cost of all machinery, furnishings, and equipment,
financing charges, interest prior to and during construction and
for no more than eighteen months after completion of
construction, engineering COSTS, expenses of research and development
with respect to waste water or water management facilities, legal
expenses, THE COST OF plans, specifications, AND surveys,
estimates of cost and
revenues, working capital, other expenses necessary or incident
to determining the feasibility or practicability of acquiring or
constructing any such project, administrative expense, and such
other expense as may be necessary or incident to the acquisition
or construction of the project, the financing of such THE
acquisition or construction including the amount authorized in the resolution
of the authority providing for the issuance of water development revenue bonds
to be paid into any special funds from the proceeds
of such THE bonds, and the financing of the placing of
any such
project in operation. Any obligation, cost, or expense incurred
by any governmental agency or person for surveys, borings,
preparation of plans and specifications, and other engineering
services, or any other costs described above, in connection with
the acquisition or construction of a project may be regarded as a
part of the cost of such THE project and may be reimbursed out
of the
proceeds of water development revenue bonds as authorized by this
chapter.
(N) "Owner" includes all individuals, copartnerships,
associations, corporations, or governmental agencies having any
title or interest in any property rights, easements, and
interests authorized to be acquired by this chapter.
(O) "Revenues" means all rentals and other charges for the
use or services of any water development project, any gift or
grant received with respect thereto, including, without
limitation, any moneys received by the authority pursuant to an
agreement entered into under section 6109.22, 6111.036, or
6111.037 of the
Revised Code, any moneys received with respect to the lease,
sublease, sale, including installment sale or conditional sale,
or conditional sale, or other disposition of a project, moneys
received in repayment of and for interest on any loan made by the
authority to a person or governmental agency, whether from the
United States or a department, administration, or agency thereof,
or otherwise, proceeds of such bonds to the extent of
THAT use
thereof
for payment of principal of, premium if any, or interest on the
bonds is authorized by the authority, proceeds from any
insurance, condemnation, or guaranty pertaining to a project or
property mortgaged to secure bonds or pertaining to the financing
of the project, and income and profit from the investment of the
proceeds of water development revenue bonds or of any revenues.
(P) "Public roads" includes all public highways, roads,
and streets in the state, whether maintained by the state,
county, municipal corporation, township, or other political
subdivision.
(Q) "Public utility facilities" includes tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other
equipment and appliances of any public utility.
(R) "Construction," unless the context indicates a
different meaning or intent, includes reconstruction,
enlargement, improvement, or providing furnishings or equipment.
(S) "Water development revenue bonds," unless the context
indicates a different meaning or intent, includes water
development revenue notes, water development revenue renewal
notes, and water development revenue refunding bonds, except that
notes issued in anticipation of the issuance of bonds shall have
a maximum maturity of five years as provided in section 6121.06
of the Revised Code and notes or renewal notes issued as the
definitive obligation may be issued maturing at such time or
times as the authority determines with a maximum maturity of
forty years from the date of issuance of the original note.
Sec. 6121.04. The Ohio water development authority may DO ANY OR ALL OF
THE FOLLOWING:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places within the state as THAT it designates;
(D) Sue and plead in its own name;, AND be sued and
impleaded
in its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under sections 6121.06, 6121.08, and 6121.13 of the Revised Code.
Any such actions against the authority shall be brought in the
court of common pleas of the county in which the principal office
of the authority is located, or in the court of common pleas of
the county in which the cause of action arose, provided such THAT
THE county is located within this state, and all summonses,
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with
the person in charge thereof or with the secretary-treasurer of
the authority.
(E) Make loans and grants to governmental agencies for the
acquisition or construction of water development projects by any
such governmental agency and adopt rules and procedures for
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, OR lease or rent to, or
contract for operation by, a governmental agency or person, water
development projects, and establish rules for the use of such
projects;
(G) Make available the use or services of any water
development project to one or more persons, one or more
governmental agencies, or any combination thereof;
(H) Issue water development revenue bonds and notes and
water development revenue refunding bonds of the state, payable
solely from revenues as provided in section 6121.06 of the
Revised Code, unless the bonds are refunded by refunding bonds,
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of its powers and the
performance of its duties under sections 6121.01 to 6121.22 of
the Revised Code THIS CHAPTER;
(J) Acquire, in the name of the state, by purchase or
otherwise, on such terms and in such manner as it considers
proper, or by the exercise of the right of condemnation in the
manner provided by section 6121.18 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it considers
necessary for carrying out sections 6121.01 to 6121.22 of the
Revised Code THIS CHAPTER, but excluding the acquisition by the
exercise of
the right of condemnation of any waste water facility or water
management facility owned by any person or governmental agency,
and compensation shall be paid for public or private lands so
taken, except that a government owned waste water facility may be
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the
state, to the extent augmented by a water development project,
from depletion so it will be available for beneficial use, and to
provide standards for the withdrawal from waters of the state of
the augmented flow created by a water development project which
THAT is not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by
the authority;
(L) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
this chapter; IN ACCORDANCE WITH THE FOLLOWING
REQUIREMENTS:
(1) When the cost under any such contract or agreement,
other than compensation for personal services, involves an
expenditure of more than ten thousand dollars, the authority
shall make a written contract with the lowest responsive and
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two
consecutive weeks in a newspaper of general circulation in
Franklin county, and in such other publications as the authority
determines, which notice shall state the general character of the
work and the general character of the materials to be furnished,
the place where plans and specifications therefor may be
examined, and the time and place of receiving bids;,
provided, that a contract or lease for the operation of a water
development
project constructed and owned by the authority or an agreement
for cooperation in the acquisition or construction of a water
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development
project that is to be leased by the authority to, and operated
by, persons who are not governmental agencies and the cost of
such THE project is to be amortized exclusively from rentals or
other
charges paid to the authority by persons who are not governmental
agencies is not subject to the foregoing requirements and the
authority may enter into such A contract or lease or such AN
agreement
pursuant to negotiation and upon such terms and conditions and
for such period as it finds to be reasonable and proper in the
circumstances and in the best interests of proper operation or of
efficient acquisition or construction of such THE project.
(2) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall contain the full name of every person
interested in it and meets SHALL MEET the requirements of
section 153.54 of
the Revised Code.
(3) Each bid for a contract except as provided in division
(L)(2) of this section shall contain the full name of every
person or company interested in it and shall be accompanied by a
sufficient bond or certified check on a solvent bank that if the
bid is accepted, a contract will be entered into and the
performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by
the authority, shall be required of every contractor awarded a
contract except as provided in division (L)(2) of this section,
in an amount equal to at least fifty per cent of the contract
price, conditioned upon the faithful performance of the contract.
(M) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and other
consultants and independent contractors as are necessary in its
judgment to carry out this chapter, and fix the compensation
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under
this chapter, from revenues, or from funds appropriated for such
THAT purpose by the general assembly.
(N) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of the
construction of any water development project or for research and
development with respect to waste water or water management
facilities, and receive and accept aid or contributions from any
source of money, property, labor, or other things of value, to be
held, used, and applied only for the purposes for which such THE
grants and contributions are made;
(O) Engage in research and development with respect to
waste water or water management facilities;
(P) Purchase fire and extended coverage and liability
insurance for any water development project and for the principal
office and suboffices of the authority, insurance protecting the
authority and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development
revenue bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges
for the use or services of any water development project as
provided in section 6121.13 of the Revised Code;
(R) Provide coverage for its employees under sections
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of
the Revised Code;
(S) Assist in the implementation and administration of the DRINKING WATER
ASSISTANCE FUND AND PROGRAM CREATED IN SECTION 6109.22 OF THE REVISED
CODE AND THE water pollution control loan fund and program
created in section
6111.036 of the Revised Code, including, without limitation,
performing or providing fiscal management for the fund FUNDS and
investing and disbursing moneys in the fund FUNDS, and
may enter into
all necessary and appropriate agreements with the director of
environmental protection for such THOSE purposes;
(T) Issue water development revenue bonds and notes of the
state in such principal amounts as THAT are necessary for
the purpose
of raising moneys for the sole benefit of the water pollution
control loan fund created in section 6111.036 of the Revised
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds
and notes may be secured by appropriate trust agreements and
repaid from moneys credited to the fund from payments of
principal and interest on loans made from the fund, as provided
in division (F) of section 6111.036 of the Revised Code.
(U) ISSUE WATER DEVELOPMENT REVENUE BONDS AND NOTES OF THE
STATE IN PRINCIPAL AMOUNTS THAT ARE NECESSARY FOR THE PURPOSE OF
RAISING MONEYS FOR THE SOLE BENEFIT OF THE DRINKING WATER
ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE
REVISED
CODE, INCLUDING MONEYS TO MEET
THE REQUIREMENT FOR PROVIDING MATCHING MONEYS UNDER DIVISIONS
(B) AND
(F) OF THAT SECTION. THE BONDS
AND NOTES MAY BE SECURED BY APPROPRIATE TRUST AGREEMENTS AND
REPAID FROM MONEYS CREDITED TO THE FUND FROM PAYMENTS OF
PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND, AS PROVIDED
IN DIVISION (F) OF SECTION
6109.22 OF THE REVISED
CODE.
(V) Do all acts necessary or proper to carry out the
powers expressly granted in this chapter.
Sec. 6121.06. (A) The Ohio water development authority
may, from time to time, MAY issue water development revenue
bonds and
notes of the state in such principal amount as, in the opinion of
the authority, are necessary for the purpose of paying any part
of the cost of one or more water development projects or parts
thereof. The authority may, from time to time, MAY issue
renewal
notes, issue bonds to pay such THOSE notes, and whenever it
deems CONSIDERS refunding, including funding and retirement,
expedient, refund
any bonds by the issuance of water development revenue refunding
bonds of the state, whether the bonds to be refunded have or have
not matured, and issue bonds partly to refund bonds then
outstanding, and partly for any other authorized purpose. The
refunding bonds may be issued in amounts sufficient for payment
of the principal amount of the bonds to be so refunded, any
redemption premiums thereon, principal maturities of any bonds
maturing prior to the redemption of the bonds to be so refunded,
interest accrued or to accrue to the maturity dates or dates of
redemption of such THE bonds, and any expenses incurred or to be
incurred in connection with such THE refunding, funding, and
retirement and issuance of the bonds. Except
EXCEPT as may otherwise be
expressly provided by the authority, every issue of its bonds or
notes shall be general obligations of the authority payable out
of the revenues of the authority, which are pledged for such
THAT payment, without preference or priority of the first bonds
issued, subject only to any agreements with the holders of
particular bonds or notes pledging any particular revenues. The
pledge shall be valid and binding from the time the pledge is
made, and the revenues so pledged and thereafter received by the
authority shall immediately SHALL be subject to the lien of that
pledge
without any physical delivery thereof or further act, and the
lien of any such pledge is valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise
against the authority, irrespective of whether such THE parties
have
notice thereof. Neither the resolution nor any trust agreement
by which a pledge is created need be filed or recorded except in
the records of the authority.
Whether or not the bonds or notes are of such form and
character as to be negotiable instruments, the bonds or notes
shall have all the qualities and incidents of negotiable
instruments, subject only to the provisions of the bonds or notes
for registration.
The bonds and notes shall be authorized by resolution of
the authority, shall bear such date or dates, and shall mature at
such time or times, in the case of any such note or any renewals
thereof not exceeding five years from the date of issue of the
original note, and in the case of any such bond not exceeding
forty years from the date of issue, as such THE resolution or
resolutions may provide. The bonds and notes shall bear interest
at such rate or rates, be in such denominations, be in such form,
either coupon or registered, carry such registration privileges,
be payable in such medium of payment, at such place or places,
and be subject to such terms of redemption as the authority may
authorize. The bonds and notes of the authority may be sold by
the authority, at public or private sale, at or not less than
such price or prices as the authority determines. The
THE bonds and
notes shall be executed by the chairman CHAIRPERSON and
vice-chairman VICE-CHAIRPERSON of the
authority, either or both of whom may use a facsimile signature,
the official seal of the authority or a facsimile thereof shall
be affixed thereto or printed thereon and attested, manually or
by facsimile signature, by the secretary-treasurer of the
authority, and any coupons attached thereto shall bear the
signature or facsimile signature of the chairman CHAIRPERSON of
the authority. In case IF any officer whose signature, or a
facsimile
of whose signature, appears on any bonds, notes, or coupons
ceases to be such an officer before delivery of THE bonds or notes,
his THE OFFICER'S signature or facsimile is nevertheless
sufficient for all
purposes the same as if he THE OFFICER had remained in office
until such THE delivery, and in case IF the seal
of the authority has been changed
after a facsimile has been imprinted on such ANY bonds or notes,
such THE facsimile seal will continue CONTINUES to
be sufficient
for all purposes.
Any resolution or resolutions authorizing any bonds or
notes or any issue thereof may contain provisions, subject to
such agreements with bondholders or noteholders as may then
exist THEN, which provisions shall be a part of the contract with the
holders thereof, as to: pledging all or any part of the revenues
of the authority to secure the payment of the bonds or notes or
of any issue thereof; the use and disposition of revenues of the
authority; a covenant to fix, alter, and collect rentals and
other charges so that pledged revenues will be sufficient to pay
costs of operation, maintenance, and repairs, pay principal of
and interest on bonds or notes secured by the pledge of such THE
revenues, and provide such reserves as may be required by the
applicable resolution or trust agreement; the setting aside of
reserve funds, sinking funds, or replacement and improvement
funds and the regulation and disposition thereof; the crediting
of the proceeds of the sale of bonds or notes to and among the
funds referred to or provided for in the resolution authorizing
the issuance of the bonds or notes; the use, lease, sale, or
other disposition of any water development project or any other
assets of the authority; limitations on the purpose to which the
proceeds of sale of bonds or notes may be applied and pledging
such THE proceeds to secure the payment of the bonds or notes or
of
any issue thereof; with regard to notes issued in anticipation of
the issuance of bonds, the agreement of the authority to do all
things necessary for the authorization, issuance, and sale of
such THE bonds in such amounts as may be necessary for the
timely
retirement of such THE notes; limitations on the issuance of
additional bonds or notes; the terms upon which additional bonds
or notes may be issued and secured; the refunding of outstanding
bonds or notes; the procedure, if any, by which the terms of any
contract with bondholders or noteholders may be amended or
abrogated, the amount of bonds or notes the holders of which must
consent thereto, and the manner in which such THAT consent may
be
given; limitations on the amount of moneys to be expended by the
authority for operating, administrative, or other expenses of the
authority; securing any bonds or notes by a trust agreement in
accordance with section 6121.11 of the Revised Code; and any
other matters, of like or different character, which THAT in any
way
affect the security or protection of the bonds or notes.
(B) An action taken under this division does not limit the
generality of division (A) of this section.
A resolution authorizing the issuance of bonds or notes by
the authority to provide all or a portion of the state's match
for federal capitalization grants under Title VI of the "Clean
Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, as amended,
to the water pollution control loan fund created in section
6111.036 of the Revised Code, OR FOR FEDERAL CAPITALIZATION GRANTS
UNDER TITLE
I OF THE
"SAFE
DRINKING
WATER
ACT
AMENDMENTS OF 1996," 110
STAT. 1613, 42
U.S.C.A.
300(F), AS AMENDED, TO THE DRINKING WATER
ASSISTANCE FUND CREATED IN SECTION 6109.22 OF THE
REVISED CODE, and establishing a reserve fund
IN EITHER CASE for the payment of the principal of and interest on
such THE bonds or
notes may include, in the event that the revenues primarily
pledged and required to be used for such payments are
insufficient to make any such THE payment in full when due, a
covenant of the director of environmental protection that if the
principal of or interest on any such bonds or notes is paid with
moneys drawn from such a reserve fund, the director shall
so notify the governor, and shall determine to what extent, if any, the
moneys
so drawn may be
restored to the reserve fund from available moneys previously
appropriated to the environmental protection agency. The
covenant also shall provide that if the moneys so drawn are not
immediately and fully restored to the reserve fund from such available moneys,
the director shall promptly submit to the governor and to the director of
budget and management a written request for either or both of the
following:
(1) That the next biennial budget submitted by the
governor to the general assembly include an amount to be
appropriated to the environmental protection agency sufficient
for the full replenishment of the reserve fund;
(2) That the general assembly be requested to increase
appropriations for the environmental protection agency in the
current biennium sufficient for the full replenishment of the
reserve fund.
The director shall include with such requests a recommendation
that the replenishment of the reserve fund be made in the
interest of maximizing the state's entitlements to federal funds
under Title VI of the "Clean Water Act of 1977," 91 Stat. 1566,
33 U.S.C.A. 1251, as amended, OR UNDER TITLE
I OF THE
"SAFE
DRINKING
WATER
ACT
AMENDMENTS OF 1996," 110
STAT. 1613, 42
U.S.C.A.
300(f),AS AMENDED, AS
APPLICABLE, thereby also maximizing the
benefits of the water pollution control loan fund OR THE DRINKING WATER
ASSISTANCE FUND, AS APPLICABLE, to the political subdivisions that
pay the cost of wastewater treatment projects OR DRINKING WATER
PROJECTS with low-cost loans from that fund THOSE FUNDS.
Any such covenant
shall not obligate or purport to obligate the state to pay the
principal of or interest on such THE bonds or notes or to
deposit
moneys in a reserve fund established for such THOSE payments
other than
from moneys lawfully appropriated for that purpose during the
then-current biennium.
(C) Neither the members of the authority nor any person
executing bonds or notes under this section shall be IS liable
personally on the bonds or notes or be IS subject to any
personal
liability or accountability by reason of the issuance thereof.
Section 2. That existing sections 3745.11, 6103.22, 6109.01,
6109.04, 6109.07, 6111.14, 6121.01, 6121.04, and 6121.06 of the
Revised Code are hereby repealed.
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