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S. B. No. 65As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Mumper
A BILL
To enact section 6109.35 of the Revised Code to
specify that if a water
supplier that acquires
ownership of an existing water system enters into
a
written agreement with the Environmental
Protection Agency to bring the system
into
compliance with drinking water standards within a
specified period of
time and then does so, the
water supplier has certain civil immunities
concerning the system's previous failure to meet
those drinking water
standards, and to confer
other qualified immunities from tort liability
upon a
water supplier.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 6109.35 of the Revised Code be
enacted to read as
follows:
Sec. 6109.35. (A) As used in this section: (1) "Water supplier" means
an entity that is subject to this
chapter and rules adopted under it and that
supplies drinking
water through pipes, through tubing, or in a
similar manner to
consumers within this state. (2) "Drinking water standards" means safe drinking water
standards established by the environmental protection agency
under
this chapter or established by the
United
States environmental
protection
agency under the Safe
Drinking
Water
Act. (B)
A water supplier
that acquires ownership of
an existing
water system
is not liable in
damages in
a civil action for
injury, death, or loss to person or
property allegedly caused by
the previous owner's
failure to comply with drinking water
standards if
the acquiring water supplier does both of the
following: (1) Enters into a written agreement with the
environmental
protection agency to bring the water system
into
compliance with
drinking water standards within a specified
period of time; (2) Brings the water system
into compliance with drinking
water standards within the time period agreed to under division
(B)(1) of this section. (C) A water supplier
that operates a public water system is
not liable in
damages in a civil action to any person for injury,
death,
or loss to person or property that allegedly arises from
the
consumption of water supplied by the water supplier if,
during
the period of time that the supplier supplies water to the
person,
either of the following applies: (1) The water supplied by the supplier meets all applicable
drinking water standards, and the supplier has not been found to
be in
significant noncompliance with drinking water standards. (2) The alleged injury, death, or loss to person or property
is caused by
a physical, chemical,
biological, or radiological
substance for which no drinking
water standard has been
established. (D)(1) This section does
not create a new cause
of action or
substantive legal right against a water supplier. (2) This section does not affect
any immunities from civil
liability or
defenses established by another section of the
Revised
Code or available at common
law to which a water supplier
may be entitled under
circumstances not covered by this section.
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