To amend sections 3709.085, 6119.02, and 6119.04 and to enact section 6119.071 of the Revised Code to require the political subdivision or subdivisions proposing the establishment of a regional water and sewer district to hold a public meeting before filing the petition for the establishment, to provide for the removal of appointed members from the board of trustees of a district, to require additional study prior to the establishment of a district if the court in which the petition is heard orders that study, and to allow a board of health to charge a fee for inspections of all semipublic disposal systems conducted under contract with the Environmental Protection Agency.

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

Sec. 3709.085. (A) The board of health of a city or general health district may enter into a contract with any political subdivision or other governmental agency to obtain or provide all or part of any services, including, but not limited to, enforcement services, for the purposes of Chapter 3704. of the Revised Code, the rules adopted and orders made pursuant thereto, or any other ordinances or rules for the prevention, control, and abatement of air pollution.

(B)(1) As used in division (B)(2) of this section:

(a) "Semipublic disposal system" means a disposal system which THAT treats the sanitary sewage discharged from publicly or privately owned buildings or places of assemblage, entertainment, recreation, education, correction, hospitalization, housing, or employment, but does not include a disposal system which THAT treats sewage in amounts of more than twenty-five thousand gallons per day; a disposal system for the treatment of sewage that is exempt from the requirements of section 6111.04 of the Revised Code pursuant to division (F) of that section; or a disposal system for the treatment of industrial waste.

(b) Terms defined in section 6111.01 of the Revised Code have the same meaning MEANINGS as in that section.

(2) The board of health of a city or general health district may enter into a contract with the environmental protection agency to conduct on behalf of the agency inspection or enforcement services, for the purposes of Chapter 6111. and section 1541.21 of the Revised Code and rules adopted thereunder, for the disposal or treatment of sewage from single-family, two-family, or three-family dwellings located in special sanitary districts designated by section 1541.21 of the Revised Code, for the disposal or treatment of sewage from semipublic disposal systems, or for both. The board of health of a city or general health district may charge a fee established pursuant to section 3709.09 of the Revised Code to be paid by the holder OWNER OR OPERATOR of a permit under Chapter 6111. of the Revised Code SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident of any such dwelling located in a special sanitary district for inspections conducted by the board pursuant to a contract entered into under this division (B)(2) OF THIS SECTION, except that the board shall not charge a fee for those inspections conducted at any manufactured home park, recreational vehicle park, recreation camp, or combined park-camp that is licensed under section 3733.03 of the Revised Code.

Sec. 6119.02. (A) Proceedings for the organization of a regional water and sewer district shall be initiated only by a petition filed in the office of the clerk of the court of common pleas of one of the counties all or part of which lies within the proposed district. Such THE petition shall be signed by one or more municipal corporations or, one or more counties, or by one or more townships, or by any combination of them, after having been authorized by the legislative authority of the POLITICAL subdivision. The legislative authority of any municipal corporation, the board of county commissioners of any county, and the board of trustees of any township may act in behalf of any part of their respective POLITICAL subdivisions. Such THE petition shall state SPECIFY ALL OF THE FOLLOWING:

(A)(1) The proposed name of the district;

(B)(2) The place in which its principal office is to be located;

(C)(3) The necessity for the proposed district and that it will be conducive to the public health, safety, convenience, or welfare;

(D)(4) A general description of the purpose of the proposed district;

(E)(5) A general description of the territory to be included in the district, which need not be given by metes and bounds or by legal subdivisions, but it is sufficient if an accurate description is given of the territory to be organized as a district; such. THE territory need not be contiguous, provided THAT it is so situated that the public health, safety, convenience, or welfare will be promoted by the organization as a single district of the territory described;.

(F)(6) The manner of selection, the number, the term, and the compensation of the members of the governing body of the district, which body shall be called a board of trustees. Such THE petition may set forth procedures for subsequent changes in the composition of and other provisions relating to such THE board of trustees.

(G)(7) The plan for financing the cost of the operations of the district until it is in receipt of revenue from its operations or proceeds from the sale of bonds;

(H)(8) A prayer for the organization of the district by the name proposed, either before or after a preliminary hearing as provided in section 6119.04 of the Revised Code.

(B) PRIOR TO FILING A PETITION UNDER DIVISION (A) OF THIS SECTION, A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD A PUBLIC MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE PROPOSED ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT. IF A COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR TOWNSHIPS SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE PUBLIC MEETING. AT THE MEETING, A REPRESENTATIVE OF THE SIGNER OR SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF THE REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT.

THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE WRITTEN NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN THE TERRITORY OF THE PROPOSED DISTRICT. FAILURE TO NOTIFY AN ELECTOR DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER THIS CHAPTER.

(C) Upon the filing of such THE petition, the judge of the court of common pleas of the county wherein IN WHICH the petition is filed or, in the case of a county having more than one such judge, a judge of such THAT court assigned by its presiding judge shall determine whether such IF THE petition complies with the requirements of this section as to form and content. No petition shall be declared void by the judge on account of alleged defects, and the. THE court in subsequent proceedings may at any time MAY permit the petition to be amended in form and substance to conform to the facts by correcting any errors in the description of the territory or in any other particular.

Sec. 6119.04. (A) The court of common pleas constituted as provided in section 6119.03 of the Revised Code, at its first meeting, shall fix the time and place of a hearing on the petition for the establishment of the proposed regional water and sewer district and such. THE hearing shall be either preliminary or final as the petition may request. Such hearing AND shall be held not later than sixty days thereafter, and the. THE clerk of the court shall give notice thereof OF THE HEARING by publication once each week for four consecutive weeks in a newspaper having a general circulation in each of the counties, in whole or in part, within the district. The clerk shall send A notice OF THE HEARING by certified mail to the director of environmental protection. Any

ANY person or any political subdivision residing or lying within an area affected by the organization of the district, on or before the date set for the cause to be heard, may file an objection to the granting of the requests made in the prayer of the petition.

(A)(B) Upon a preliminary hearing, if it appears that the proposed district is probably IS necessary and that it will probably WILL be conducive to the public health, safety, convenience, or welfare, the court, after disposing of all objections as justice and equity require shall AND by its findings, entered of record, SHALL issue a preliminary order declaring the district to be organized and an independent political subdivision of the state with a corporate name designated in the order for the purpose of ALL OF THE FOLLOWING:

(1) The election or appointment of the board of trustees in the manner provided in the petition;

(2) The election, appointment, or employment of such officers, employees, accounting experts, engineers, attorneys, financial consultants, architects, other consultants, and independent contractors or other persons as THAT may be necessary to prepare a plan for the operation of the district;

(3) The collection of the funds in the manner provided in the petition to be used and disbursed by the district;

(4) The preparation of a plan for the operation of the district, and the.

THE district shall possess such powers as THAT may be necessary to carry out said THOSE purposes.

The preliminary order shall direct the district to file a plan for the operation of the district within six months from the date of the preliminary order or within such THE further time or times as THAT the court may from time to time MAY order.

Upon the filing by the district of a plan for the operation of the district, the court shall fix the time and place for a final hearing on the petition for the establishment of the proposed district and the plan for the operation of the district as filed in the proceeding. The hearing shall be held not later than sixty days thereafter, and the clerk of the court of common pleas shall again SHALL give notice thereof OF THE HEARING as required in DIVISION (A) OF this section. Any

ANY person or any political subdivision residing or lying within the area affected by the organization of the district or by the plan for the operation of the district, on or before the date set for the cause to be heard, may file any objections to the final organization of the district or the plan for the operation of the district.

(B) The (C) IF, PRIOR TO GRANTING A FINAL ORDER, THE COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY STUDY. IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE STUDY. NOTHING IN DIVISION (C) OF THIS SECTION PRECLUDES THE AWARDING OF A CONTRACT FOR A PROJECT OR IMPROVEMENT UNDERTAKEN UNDER THIS CHAPTER TO AN ENTITY THAT CONDUCTS A FEASIBILITY STUDY PURSUANT TO DIVISION (C) OF THIS SECTION.

THE court may, upon good cause shown at any time before the granting of a final order, MAY DO ANY OR ALL OF THE FOLLOWING:

(1) Grant a right to any municipal corporation or county acting in behalf of a sewer district within such THE county to become a party to such THE proceeding if such THE intervening party requests to have some part or all of its territory included within the district;

(2) Grant in part or in toto an intervening petition of a municipal corporation or a county acting in behalf of a sewer district within such THE county, which is not wholly included within territory described in the petition, to have some part or all of its territory included within the district;

(3) Grant a request filed by any party to the petition or intervening party to modify any request set forth in the petition, including ANY OR ALL OF THE FOLLOWING:

(a) A reduction in the territory to be included within the district;

(b) Addition to or deletion of a purpose or purposes of the proposed district as set forth in the petition so long as the purposes that remain are those included within section 6119.01 of the Revised Code;

(c) The manner of selection, the number, the term, and the compensation of the members of the board of trustees; provided that after.

AFTER the filing of any intervening petition or request to modify, the court has fixed SHALL FIX a time and place for a hearing thereof, such hearing to WHICH SHALL be held not less than sixty days after the filing thereof and the. THE clerk of the court of common pleas has given SHALL GIVE notice OF THE HEARING as required in DIVISION (A) OF this section.

(C)(D) Upon final hearing, whether or not a preliminary hearing is requested in the petition, if it appears that the proposed district is necessary, that it and the plan for the operation of the district is ARE conducive to the public health, safety, convenience, and welfare, and that the plan for the operation of the district is economical, feasible, fair, and reasonable, the court, after disposing of all objections as justice and equity require, shall AND by its findings, entered of record, SHALL declare the district finally and completely organized and to be, or to be empowered to continue as, a political subdivision. Thereupon the district shall have power to sue and be sued; to incur debts, liabilities, and obligations; to exercise the right of eminent domain and of taxation and assessment as provided in Chapter 6119. of the Revised Code THIS CHAPTER; to issue bonds; and to perform all acts authorized in such sections THIS CHAPTER and to execute and carry out the plan for the operation of the district and to amend, modify, change, or alter the plan for its operation as the board of trustees may from time to time MAY determine necessary.

(D)(E) If the court finds that the organization of the district is not necessary or will not be conducive to the public health, safety, convenience, or welfare, or that the plan for the operation of the district is not economical, feasible, fair, or reasonable, or if the district fails to file a plan for the operation of the district within the time prescribed by the court, it shall dismiss the proceedings and adjudge the costs against the petitioners, and if. IF a preliminary order has been made organizing the district, the court shall declare the district dissolved and enter its order for the distribution of any and all assets that may be owned by the district after the payment of its liabilities.

(F) Any municipal corporation, board of county commissioners, or board of township trustees may advance to the district such sums of money as THAT the legislative authority of the municipal corporation, the board of county commissioners, or the board of township trustees determines will not be in excess of the benefits that can be anticipated to be derived by such THE municipal corporation, county, or township from the establishment of the district at such times as THAT ARE requested by the district and authorized by such THE legislative authority or such board and pursuant to an agreement between the district and such THE municipal corporation, county, or township setting forth whether and when such THE sums shall be repaid. Such THE sums when paid to the district at any time after the preliminary order of the court shall be used by the district for its purposes in the preparation of a plan for the operation of the district and for other purposes of the district. The district shall keep proper records showing the amount so advanced and disbursed. If the court orders the district dissolved as permitted in this section, the interest any municipal corporation, board of county commissioners, or board of township trustees has in the assets of the district shall be limited to those assets remaining after the payment of all other liabilities of the district.

Sec. 6119.071. A MEMBER OF THE BOARD OF TRUSTEES OF A REGIONAL WATER AND SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE BOARD MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN OFFICE. PRIOR TO REMOVING A MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW CAUSE WHY THE MEMBER SHOULD NOT BE REMOVED FROM OFFICE.

A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE REVISED CODE.