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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 198 |
SENATORS WHITE-CARNES-NEIN-DRAKE-
REPRESENTATIVES VESPER-ASLANIDES-WIDENER-TIBERI-HOOD-TERWILLEGER
A BILL
To amend sections 1541.99, 3709.085, 3745.01, 6111.04, and 6117.51 and to
repeal
section 1541.21 of the Revised Code to abolish special sanitary districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1541.99, 3709.085, 3745.01, 6111.04, and 6117.51 of
the Revised Code be amended to read as follows:
Sec. 1541.99. (A) Whoever violates sections 1541.09 to 1541.21,
inclusive, 1541.20 of the Revised Code, or any rules
and
regulations of the
division of parks and recreation shall be fined not less than ten nor more
than one hundred dollars.
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
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 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 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 owner or
operator of a
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 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. 3745.01. There is hereby created the environmental
protection agency, headed by the director of environmental
protection. The agency, under the supervision of the
director, shall administer the laws pertaining to chemical emergency
planning, community right-to-know, and toxic chemical release
reporting; the cessation of chemical handling operations; the prevention,
control, and abatement of air and
water pollution; public water supply; comprehensive water
resource management planning; and the disposal and treatment of
solid wastes, infectious wastes, construction and demolition
debris, hazardous waste, sewage, industrial waste, and other
wastes. The director may do all of the following:
(A) Provide such methods of administration, appoint such
personnel, make such reports, and take such other action as may
be necessary to comply with the requirements of the federal laws
and regulations pertaining to chemical emergency planning,
community right-to-know, and toxic chemical release reporting;
air and water pollution control; public water supply; water
resource planning; and waste disposal and treatment;
(B) Procure by contract the temporary or intermittent
services of experts or consultants, or organizations thereof,
when those services are to be performed on a part-time or
fee-for-service basis and do not involve the performance of
administrative duties;
(C) Advise, consult, cooperate, and enter into contracts
or agreements with any other agencies of the state, the federal
government, other states, and interstate agencies, and with
affected groups, political subdivisions, and industries in
furtherance of the purposes of section 1541.21 and this chapter
and Chapters 3704., 3714., 3734., 3751., 3752., 6109., and 6111. of the
Revised Code;
(D) Establish advisory boards in accordance with section
121.13 of the Revised Code;
(E) Accept on behalf of the state any grant, gift, or
contribution made for toxic chemical release reporting, air or
water pollution control, public water supply, water resource
planning, waste disposal or treatment, or related purposes, and
expend it for those purposes;
(F) Make an annual report to the governor and the general
assembly on activities and expenditures as well as
recommendations for such additional legislation as he THE
DIRECTOR considers
appropriate to carry out his THE DIRECTOR'S duties or accomplish
the purposes of this section.
The agency shall utilize the laboratory facilities of the
department of health and other state institutions and agencies to
the maximum extent that such THE utilization is practicable,
economical, and technically satisfactory.
The director shall maintain and keep available for public
inspection, at his THE DIRECTOR'S principal office, a current
register of all applications filed for permits, leases, licenses, variances,
certificates, and approval of plans and specifications and of
publicly owned treatment works pretreatment programs under his THE
DIRECTOR'S jurisdiction, hearings pending, his THE
DIRECTOR'S final action
thereon, and the dates on which such THE filings, hearings, and
final actions
occur. The director shall maintain and keep available for public
inspection at his THE DIRECTOR'S principal office all plans,
reports, and other documents required to be filed with the emergency response
commission under Chapter 3750. of the Revised Code and rules
adopted under it, and all reports and other documents required to
be filed with him THE DIRECTOR under Chapter 3751. of the
Revised Code and rules adopted under it, subject to the requirements of those
chapters and rules adopted under them for the protection of trade
secrets and confidential business information from disclosure to
persons not authorized under those laws to receive trade secret
or confidential business information.
Sec. 6111.04. No person shall cause pollution or place or
cause to be placed any sewage, industrial waste, or other wastes
in a location where they cause pollution of any waters of the
state, and any such. SUCH AN action is hereby declared
to be a public
nuisance, except in such cases where the director of
environmental protection has issued a valid and unexpired permit,
or renewal thereof, as provided in sections 6111.01 to 6111.08 of
the Revised Code, or an application for renewal is pending.
No person to whom a permit has been issued shall place or
discharge, or cause to be placed or discharged, in any waters of
the state any sewage, industrial waste, or other wastes in excess
of the permissive discharges specified under such AN existing permit
without first receiving a permit from the director to do so.
No person who is discharging or causing the discharge of
any sewage, industrial waste, or other wastes into the waters of
the state shall continue or cause the continuance of such THE
discharge, without first obtaining a permit therefore THEREFOR
issued by the director. The director shall prescribe by rule a
reasonable filing period within which applications may be filed
to obtain permits for existing discharges that have not been
authorized by permit.
The director may require the submission of such plans,
specifications, and other information as he deems THE DIRECTOR
CONSIDERS relevant in connection with the issuance of permits.
This section does not apply to ANY OF THE FOLLOWING:
(A) Waters used in washing sand, gravel, other aggregates,
or mineral products, when such THE washing and the
ultimate disposal of the water used in such THE washing,
including any sewage, industrial waste, or other wastes contained in
such THE waters, are entirely confined to the land under the
control of the person
engaged in the recovery and processing of such THE sand, gravel,
other aggregates, or mineral products, and do not result in the
pollution of waters of the state;
(B) Water, gas, or other material injected into a well to
facilitate, or which THAT is incidental to, the production of
oil, gas, artificial brine, or water derived in association with oil
or gas production and disposed of in a well, in compliance with a
permit issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. This
division does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
(C) Application of any materials to land for agricultural
purposes or runoff of such THE materials from such
THAT application or pollution by animal waste or soil sediment,
including attached substances, resulting from farming, silvicultural, or
earthmoving
activities regulated by Chapter 307. or 1515. of the Revised
Code. This division does not authorize, without a permit, any
discharge from a treatment works for treating animal wastes
having a controlled direct discharge into the waters of the
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States
environmental protection agency.
(D) The excrement of domestic and farm animals defecated
on land or runoff therefrom into any waters of the state. This
division does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
(E) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
This division does not authorize any discharge into a publicly
owned treatment works in violation of a pretreatment program
applicable to such THE publicly owned treatment works.
(F) Septic tanks or any other disposal systems for the
disposal or treatment of sewage from single-family, two-family,
or three-family dwellings in compliance with the sanitary code
and section 1541.21 or 3707.01 of the Revised Code. This
division does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
The holder of a permit issued under section 402 (a) of the
"Federal Water Pollution Control Act" need not obtain a permit
for a discharge authorized by such THE permit until its
expiration date. The director of environmental protection shall
administer and enforce such THOSE permits within this
state, and may
modify the terms and conditions thereof in accordance with division (J) of
section 6111.03 of the Revised Code.
Sec. 6117.51. If the board of health of the health
district within which a new public sewer construction project is
proposed or located passes a resolution stating that the reason
for such THE project is to reduce or eliminate an existing
health problem or a hazard of water pollution or, if the project is
within a special sanitary district designated under section
1541.21 of the Revised Code, if the director of environmental
protection certifies that the reason for such project is to
reduce or eliminate an existing health problem or a hazard of
water pollution, the board of county commissioners of such
THE county may, by resolution, MAY order the owner of any
premises located in a
sewer district in the county, his THE OWNER'S agent, lessee, or
tenant, or
any other occupant of the premises, to connect the premises to
the sewer for the purpose of discharging sewage or other waste
that the board determines is originating on the premises, to make
use of the connection, and to cease the discharge of the sewage
or other waste into a cesspool, ditch, private sewer, privy,
septic tank, semipublic disposal system as defined in division
(B)(1)(a) of section 3709.085 of the Revised Code, or other
outlet if the board finds that the sewer is available for use and
is accessible to the premises following a determination and
certification to the board by a registered professional engineer
designated by it as to the availability and accessibility of the
sewer. This section does not apply to ANY OF THE FOLLOWING:
(A) Any discharge authorized by a permit issued under
division (J) of section 6111.03 of the Revised Code, other than a
discharge to or from a semipublic disposal system as defined in
division (B)(1)(a) of section 3709.085 of the Revised Code;
(B) Wastes resulting from the keeping of animals;
(C) Any premises that are not served by a common sewage
collection system when the foundation wall of the structure from
which sewage or other waste originates is more than two hundred
feet from the nearest boundary of the right of way within which
the sewer is located;
(D) Any premises that are served by a common sewage
collection system when both the foundation wall of the structure
from which the sewage or other waste originates and the common
sewage collection system are more than two hundred feet from the
nearest boundary of the right-of-way within which the public
sewer is located.
The board shall not direct an order under this section to a
resident tenant unless it determines that the terms of the
tenancy are such that the owner lacks sufficient rights of access
to permit the owner to comply with the terms of the order.
An owner, agent, lessee, tenant, or occupant shall comply
with the order of the board within ninety days after the
completion of service of the order upon him THAT PERSON as
provided in this section. The board may, upon written application
filed prior to
the expiration of the ninety-day period, MAY waive compliance with
any order either temporarily or permanently and conditionally or
unconditionally.
In its resolution, the board shall direct its clerk, or his THE
CLERK'S designee, to serve its order upon the owner, agent, lessee,
tenant, or occupant. Service of the order shall be made
personally, by leaving the order at the usual place of residence
with some A person of suitable age and discretion then residing
therein, or by certified mail addressed to the owner, agent,
lessee, tenant, or occupant at his THAT PERSON'S last known
address or to the
address to which tax bills are sent. If it appears by the return
of service or the return of the order forwarded by certified mail
that the owner, agent, lessee, tenant, or occupant cannot be
found, he THAT PERSON shall be served by publication of the
order once in a
newspaper of general circulation within the county, or if he THAT
PERSON refuses service, he THAT PERSON shall be served by
ordinary mail addressed to him at his THAT PERSON'S last known
address or to the address to which tax
bills are sent. The return of the person serving the order or a
certified copy of the return, or a returned receipt for the order
forwarded by certified mail accepted by the addressee or anyone
purporting to act for him THE ADDRESSEE, is prima-facie evidence
of the service
of the order under this section. The return of the person
attempting to serve the order, or the return to the sender of the
order forwarded by certified mail with an indication on the
return of the refusal of the addressee to accept delivery, is
prima-facie evidence of the refusal of service.
No owner, agent, lessee, tenant, or occupant shall violate
an order issued under this section. Upon request of the board,
the prosecuting attorney shall prosecute in a court of competent
jurisdiction any owner, agent, lessee, tenant, or occupant who
violates an order issued under this section. Each day that a
violation continues after conviction for the violation of an
order issued under this section and the final determination
thereof is a separate offense. The court may, for good cause
shown, MAY grant a reasonable additional period of time for
compliance after conviction.
Any owner, agent, lessee, tenant, or occupant violating an
order issued under this section may also MAY be enjoined from
continuing in violation. Upon request of the board, the
prosecuting attorney shall bring an action in a court of
competent jurisdiction for an injunction against the owner,
agent, lessee, tenant, or occupant violating an order.
The Ohio water development authority created under section
6121.02 of the Revised Code, in addition to its other powers, has
the same power and shall be governed by the same procedures in a
waste water facilities service area, or in any area adjacent to a
public sewer operated by the authority, as a board of county
commissioners in a county sewer district under this section,
except that the authority shall act by order, and the attorney
general, upon request of the authority, shall prosecute any
person who violates an order of the authority issued under this
section.
Section 2. That existing sections 1541.99, 3709.085, 3745.01, 6111.04, and
6117.51 and
section 1541.21 of the Revised Code are hereby repealed.
Section 3. The Director of Environmental Protection shall transfer to the
appropriate boards of health all information relating to permits, plans, and
approvals that was acquired by the director in accordance with rules adopted
under section 1541.21 of the Revised Code, as that section existed prior to
the effective date of this act. As used in this section, "board of health"
means the board of health of a city or general health district created by or
under the authority of Chapter 3709. of the Revised Code or the authority
having the duties of a board of health in any city as authorized by section
3709.05 of the Revised Code.
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