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H. B. No. 352 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Fende, Luckie, Williams, B., Yuko
A BILL
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 conduct
evaluations of their operating processes and
correct deficiencies in those processes and to add
prohibitions and penalties to the Safe Drinking
Water Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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) With respect to a public water system that existed
prior to October 1, 1999, and that is a community water system, or
that is not a community water system and serves a nontransient
population, the director may adopt rules pursuant to section
6109.04 of the Revised Code requiring the system to do both of the
following if either division (B)(2)(a) or (b) of this section
applies:
(a) Complete an evaluation of the technical, managerial, and
financial capability of the public water system;
(b) Correct deficiencies identified in the evaluation.
(2) The rules adopted under division (B)(1) of this section
shall require the public water system to conduct the evaluation
and correct the deficiencies identified in the evaluation if
either of the following applies:
(a) The system has demonstrated a lack of technical,
managerial, or financial capability through noncompliance with
this chapter and the rules adopted under it.
(b) The system has failed to correct significant deficiencies
identified in a sanitary survey.
(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
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, or conceal any
sample that is collected according to any sampling 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 twenty-five thousand dollars or imprisoned
not more than one year, or both. Each day of violation constitutes
a separate offense.
(B) Whoever knowingly violates section 6109.31 of the Revised
Code is guilty of a felony and shall be fined at least ten
thousand dollars, but not more than twenty-five thousand dollars
or imprisoned for at least two years, but 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.
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