To amend sections 6109.24, 6109.31, and 6109.32 and to enact section 6109.99 of the Revised Code to require certain public water systems to submit technical, managerial, and financial capability plans under certain noncompliance or public health risk conditions, to implement capability assurance plans, and to add prohibitions and penalties to the Safe Drinking Water Law.

Section 1. That sections 6109.24, 6109.31, and 6109.32 be amended and section 6109.99 of the Revised Code be enacted to read as follows:

Sec. 6109.24. (A) 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 after October 1, 1999, shall include with the submission of plans required under section 6109.07 of the Revised Code 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 the Revised Code establishing requirements governing the demonstration of technical, managerial, and financial capability for the purposes of this section.

(B)(1) The director also may adopt rules pursuant to section 6109.04 of the Revised Code that require a public water system that is a community water system or that is not a community water system and serves a nontransient population to submit a technical, managerial, and financial capability plan for the system if either of the following applies:

(a) The system has demonstrated a lack of technical, managerial, or financial capability through substantial, repeated, and documented noncompliance with this chapter and the rules adopted under it.

(b) The system has been documented as operating in a manner that creates an unacceptable risk to public health or that creates an unacceptable risk of contamination of a public water supply.

(2) The rules shall require such a public water system to submit and implement a capability assurance plan that has been approved by the director.

(C) The director may deny approval of plans submitted under section 6109.07 of the Revised Code 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. 6109.31. (A) No person shall violate this chapter, an a rule adopted under it, or any order or term or condition of a license, license renewal, variance, or exemption granted by the director of environmental protection under it. Each day of noncompliance is a separate violation.

(B) No person shall make any false material statement or representation in an application, license, record, report, or other document that is required to be submitted to the director of environmental protection or the attorney general under this chapter, rules adopted under it, or any order or term or condition of a license, license renewal, variance, or exemption granted by the director under it.

(C) No person shall alter, change, falsify, conceal, or purposefully omit any sample that is to be collected according to any reporting requirement established under this chapter or a rule adopted under it.

(D) No person shall tamper with, alter, or interfere with the operation of a public water system without authorization of the owner or operator of the water system or the director of environmental protection.

Sec. 6109.32.  The director of environmental protection may on his the director's own initiative investigate or make inquiries into any suspected violation of section 6109.31 of the Revised Code.

The attorney general, upon written request by the director, shall bring an action for injunction or other appropriate civil action or criminal prosecution against any person violating or threatening to violate such that section. In an action for injunction to enforce any final order of the director, the finding by the director, after hearing, is prima-facie evidence of the facts found therein.

Sec. 6109.99.  (A) Whoever recklessly violates section 6109.31 of the Revised Code is guilty of a misdemeanor and shall be fined not more than ten thousand dollars or imprisoned not more than one year, or both. Each day of violation constitutes a separate offense.

(B) Whoever knowingly violates division (B), (C), or (D) of section 6109.31 of the Revised Code is guilty of a felony and shall be fined not more than twenty-five thousand dollars or imprisoned for not more than four years, or both. Each day of violation constitutes a separate offense.

(C) Whoever recklessly or knowingly violates division (A) of section 6109.31 of the Revised Code and the violation poses a significant threat to or causes significant harm to public health is guilty of a felony and shall be fined not more than twenty-five thousand dollars or imprisoned for not more than four years, or both. Each day of violation constitutes a separate offense.

Section 2.  That existing sections 6109.24, 6109.31, and 6109.32 of the Revised Code are hereby repealed.