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(128th General Assembly)
(Amended Substitute Senate Bill Number 110)
AN ACT
To amend sections 711.05, 711.10, 3718.01, 3718.02,
3718.03, 3718.04, 3718.05, 3718.06, and 3718.09
and to enact sections 3718.011, 3718.012,
3718.023, 3718.024, 3718.025, 3718.041, and
3718.11 of the Revised Code to revise the
Household Sewage and Small Flow On-Site Sewage
Treatment Systems Law, and to amend Section 3 of
Am. H.B. 416 of the 127th General Assembly to
extend the date by which the report of the Great
Lakes-St. Lawrence River Basin Water Resources
Compact Advisory Board is due.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 711.05, 711.10, 3718.01, 3718.02,
3718.03, 3718.04, 3718.05, 3718.06, and 3718.09 be amended and
sections 3718.011, 3718.012, 3718.023, 3718.024, 3718.025,
3718.041, and 3718.11 of the Revised Code be enacted to read as
follows:
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify on it the date of the
submission. Within five days of submission of the plat, the board
shall schedule a meeting to consider the plat and send a written
notice by regular mail to the fiscal officer of the board of
township trustees of the township in which the plat is located and
the board of health of the health district in which the plat is
located. The notice shall inform the trustees and the board of
health of the submission of the plat and of the date, time, and
location of any meeting at which the board of county commissioners
will consider or act upon the proposed plat. The meeting shall
take place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county commissioners.
The approval of the board required by section 711.041 of the
Revised Code or the refusal to approve shall take place within
thirty days from the date of submission or such further time as
the applying party may agree to in writing; otherwise, the plat is
deemed approved and may be recorded as if bearing such approval.
(B) The board may adopt general rules governing plats and
subdivisions of land falling within its jurisdiction, to secure
and provide for the coordination of the streets within the
subdivision with existing streets and roads or with existing
county highways, for the proper amount of open spaces for traffic,
circulation, and utilities, and for the avoidance of future
congestion of population detrimental to the public health, safety,
or welfare, but shall not impose a greater minimum lot area than
forty-eight hundred square feet. Before the board may amend or
adopt rules, it shall notify all the townships in the county of
the proposed amendments or rules by regular mail at least thirty
days before the public meeting at which the proposed amendments or
rules are to be considered.
The rules may require the board of health to review and
comment on a plat before the board of county commissioners acts
upon it and may also require proof of compliance with any
applicable zoning resolutions, and with household sewage treatment
rules adopted under section 3718.02 of the Revised Code, as a
basis for approval of a plat. Where under section 711.101 of the
Revised Code the board of county commissioners has set up
standards and specifications for the construction of streets,
utilities, and other improvements for common use, the general
rules may require the submission of appropriate plans and
specifications for approval. The board shall not require the
person submitting the plat to alter the plat or any part of it as
a condition for approval, as long as the plat is in accordance
with general rules governing plats and subdivisions of land,
adopted by the board as provided in this section, in effect at the
time the plat was submitted and the plat is in accordance with any
standards and specifications set up under section 711.101 of the
Revised Code, in effect at the time the plat was submitted.
(C) The ground of refusal to approve any plat, submitted in
accordance with section 711.041 of the Revised Code, shall be
stated upon the record of the board, and, within sixty days
thereafter, the person submitting any plat that the board refuses
to approve may file a petition in the court of common pleas of the
county in which the land described in the plat is situated to
review the action of the board. A board of township trustees is
not entitled to appeal a decision of the board of county
commissioners under this section.
Sec. 711.10. (A) Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, no plat of a subdivision of
land within the county or region, other than land within a
municipal corporation or land within three miles of a city or one
and one-half miles of a village as provided in section 711.09 of
the Revised Code, shall be recorded until it is approved by the
county or regional planning commission under division (C) of this
section and the approval is endorsed in writing on the plat.
(B) A county or regional planning commission may require the
submission of a preliminary plan for each plat sought to be
recorded. If the commission requires this submission, it shall
provide for a review process for the preliminary plan. Under this
review process, the planning commission shall give its approval,
its approval with conditions, or its disapproval of each
preliminary plan. The commission's decision shall be in writing,
shall be under the signature of the secretary of the commission,
and shall be issued within thirty-five business days after the
submission of the preliminary plan to the commission. The
disapproval of a preliminary plan shall state the reasons for the
disapproval. A decision of the commission under this division is
preliminary to and separate from the commission's decision to
approve, conditionally approve, or refuse to approve a plat under
division (C) of this section.
(C) Within five calendar days after the submission of a plat
for approval under this division, the county or regional planning
commission shall schedule a meeting to consider the plat and send
a notice by regular mail or by electronic mail to the fiscal
officer of the board of township trustees of the township in which
the plat is located and the board of health of the health district
in which the plat is located. The notice shall inform the trustees
and the board of health of the submission of the plat and of the
date, time, and location of any meeting at which the county or
regional planning commission will consider or act upon the plat.
The meeting shall take place within thirty calendar days after
submission of the plat, and no meeting shall be held until at
least seven calendar days have passed from the date the planning
commission sent the notice.
The approval of the county or regional planning commission,
the commission's conditional approval as described in this
division, or the refusal of the commission to approve shall be
endorsed on the plat within thirty calendar days after the
submission of the plat for approval under this division or within
such further time as the applying party may agree to in writing;
otherwise that plat is deemed approved, and the certificate of the
commission as to the date of the submission of the plat for
approval under this division and the failure to take action on it
within that time shall be sufficient in lieu of the written
endorsement or evidence of approval required by this division.
A county or regional planning commission may grant
conditional approval under this division to a plat by requiring a
person submitting the plat to alter the plat or any part of it,
within a specified period after the end of the thirty calendar
days, as a condition for final approval under this division. Once
all the conditions have been met within the specified period, the
commission shall cause its final approval under this division to
be endorsed on the plat. No plat shall be recorded until it is
endorsed with the commission's final or unconditional approval
under this division.
The ground of refusal of approval of any plat submitted under
this division, including citation of or reference to the rule
violated by the plat, shall be stated upon the record of the
county or regional planning commission. Within sixty calendar days
after the refusal under this division, the person submitting any
plat that the commission refuses to approve under this division
may file a petition in the court of common pleas of the proper
county, and the proceedings on the petition shall be governed by
section 711.09 of the Revised Code as in the case of the refusal
of a planning authority to approve a plat. A board of township
trustees is not entitled to appeal a decision of the commission
under this division.
A county or regional planning commission shall adopt general
rules, of uniform application, governing plats and subdivisions of
land falling within its jurisdiction, to secure and provide for
the proper arrangement of streets or other highways in relation to
existing or planned streets or highways or to the county or
regional plan, for adequate and convenient open spaces for
traffic, utilities, access of firefighting apparatus, recreation,
light, and air, and for the avoidance of congestion of population.
The rules may provide for their modification by the commission in
specific cases where unusual topographical and other exceptional
conditions require the modification. The rules may require the
board of health to review and comment on a plat before the
commission acts upon it and also may require proof of compliance
with any applicable zoning resolutions, and with household sewage
treatment rules adopted under section 3718.02 of the Revised Code,
as a basis for approval of a plat.
Before adoption of its rules or amendment of its rules, the
commission shall hold a public hearing on the adoption or
amendment. Notice of the public hearing shall be sent to all
townships in the county or region by regular mail or electronic
mail at least thirty business days before the hearing. No county
or regional planning commission shall adopt any rules requiring
actual construction of streets or other improvements or facilities
or assurance of that construction as a condition precedent to the
approval of a plat of a subdivision unless the requirements have
first been adopted by the board of county commissioners after a
public hearing. A copy of the rules shall be certified by the
planning commission to the county recorders of the appropriate
counties.
After a county or regional street or highway plan has been
adopted as provided in this section, the approval of plats and
subdivisions provided for in this section shall be in lieu of any
approvals provided for in other sections of the Revised Code,
insofar as the territory within the approving jurisdiction of the
county or regional planning commission, as provided in this
section, is concerned. Approval of a plat shall not be an
acceptance by the public of the dedication of any street, highway,
or other way or open space shown upon the plat.
No county or regional planning commission shall require a
person submitting a plat to alter the plat or any part of it as
long as the plat is in accordance with the general rules governing
plats and subdivisions of land, adopted by the commission as
provided in this section, in effect at the time the plat is
submitted.
A county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
(D) As used in this section, "business day" means a day of
the week excluding Saturday, Sunday, or a legal holiday as defined
in section 1.14 of the Revised Code.
Sec. 3718.01. As used in this chapter:
(A) "Alter" means to change by making substantive
replacements of, additions to, or deletions in the design or
materials or to change the location of an existing sewage
treatment system.
(B)
"Bedrock" means hard stratum that underlies
unconsolidated surface materials or soil.
(C) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health in any city as authorized by section 3709.05 of
the Revised Code.
(C)(D) "Domestic septage" means the liquid or solid material
removed from a sewage treatment system, portable toilet, or type
III marine sanitation device as defined in 33 C.F.R. 159.3.
"Domestic septage" does not include grease removed from a grease
trap.
(D)(E) "Gray water recycling systems" means systems that
treat and reuse wastewater discharged from lavatories, bathtubs,
showers, clothes washers, and laundry sinks that does not contain
food wastes or bodily wastes.
(F) "Household sewage treatment system" means any sewage
treatment system, or part of such a system, that receives sewage
from a single-family, two-family, or three-family dwelling.
(E)(G) "Infiltrative surface" means the point or area of
application of treated or partially treated sewage to the soil or
sand fill for purposes of treatment, dispersal, or both.
(H) "Inspection" means the on-site evaluation or analysis of
the functioning design, installation, and operation of a sewage
treatment system.
(F)(I) "Installer" means any person who engages in the
business of installing or altering or who, as an employee of
another, installs or alters any sewage treatment system.
(G)(J) "Limiting condition" means a restrictive soil layer,
bedrock, a water table, or ground water that limits or precludes
the treatment or dispersal of sewage in the soil of a property
where a household sewage treatment system is located.
(K) "Manufacturer" means any person that manufactures sewage
treatment systems or components of systems.
(H)(L) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes any state, any political
subdivision of a state, and any department, division, board,
commission, agency, or instrumentality of a state or political
subdivision.
(I)(M) "Sanitary sewerage system" means pipelines or
conduits, pumping stations, force mains, and all other
constructions, devices, appurtenances, and facilities that convey
sewage to a central sewage treatment plant and that are required
to obtain a permit under Chapter 6111. of the Revised Code.
(J)(N) "Septage hauler" means any person who engages in the
collection, transportation, disposal, and land application of
domestic septage.
(K)(O) "Service provider" means any person who services, but
does not install or alter, sewage treatment systems.
(L)(P) "Sewage" means liquid waste containing animal or
vegetable matter in suspension or solution that originates from
humans and human activities. "Sewage" includes liquids containing
household chemicals in solution commonly discharged from a
residence or from commercial, institutional, or other similar
facilities.
(M)(Q) "Sewage treatment system" means a household sewage
treatment system, a small flow on-site sewage treatment system, or
both, as applicable.
(N)(R) "Small flow on-site sewage treatment system" means a
system, other than a household sewage treatment system, that
treats not more than one thousand gallons of sewage per day and
that does not require a national pollutant discharge elimination
system permit issued under section 6111.03 of the Revised Code or
an injection well drilling or operating permit issued under
section 6111.043 of the Revised Code.
(S) "Soil" means the naturally occurring pedogenically
developed and undeveloped regolith overlying bedrock.
(T) "Vertical separation distance" means the distance of the
infiltrative surface of the distribution system of a soil
absorption system, or component thereof, to a limiting condition
in the soil.
(U) "Water table" means the surface of the saturated zone
below which all interconnected voids are filled with water and at
which the pressure is atmospheric.
Sec. 3718.011. (A) For purposes of this chapter, a sewage
treatment system is causing a public health nuisance if any of the
following situations occurs and, after notice by a board of health
to the applicable property owner, timely repairs are not made to
that system to eliminate the situation:
(1) The sewage treatment system is not operating properly due
to a missing component, incorrect settings, or a mechanical or
electrical failure.
(2) There is a blockage in a known sewage treatment system
component or pipe that causes a backup of sewage or effluent
affecting the treatment process or inhibiting proper plumbing
drainage.
(3) An inspection conducted by, or under the supervision of,
the environmental protection agency or a sanitarian registered
under Chapter 4736. of the Revised Code documents that there is
ponding of liquid or bleeding of liquid onto the surface of the
ground or into surface water and the liquid has a distinct sewage
odor, a black or gray coloration, or the presence of organic
matter and any of the following:
(a) The presence of sewage effluent identified through a dye
test;
(b) The presence of fecal coliform at a level that is equal
to or greater than five thousand colonies per one hundred
milliliters of liquid as determined in two or more samples of the
liquid when five or fewer samples are collected or in more than
twenty per cent of the samples when more than five samples of the
liquid are collected;
(c) Water samples that exceed one thousand thirty e. coli
counts per one hundred milliliters in two or more samples when
five or fewer samples are collected or in more than twenty per
cent of the samples when more than five samples are collected.
(4) With respect to a discharging system for which an NPDES
permit has been issued under Chapter 6111. of the Revised Code and
rules adopted under it, the system routinely exceeds the effluent
discharge limitations specified in the permit.
(B) With respect to divisions (A)(1) and (2) of this section,
a property owner may request a test to be conducted by a board of
health to verify that the sewage treatment system is causing a
public health nuisance. The property owner is responsible for the
costs of the test.
Sec. 3718.012. A sewage treatment system that was in
operation prior to the effective date of this section shall not be
required to be replaced with a new sewage treatment system under
this chapter or rules adopted under it and shall be deemed
approved if the system does not cause a public health nuisance or,
if the system is causing a public health nuisance as provided in
section 3718.011 of the Revised Code, repairs are made to the
system that eliminate the public health nuisance as determined by
the applicable board of health.
Sec. 3718.02. (A) Not later than one year after the effective
date of this section, the The public health council, in accordance
with Chapter 119. of the Revised Code, shall adopt, and
subsequently may amend and rescind, rules of general application
throughout the state to administer this chapter. Rules adopted
under division (A) of this section shall do at least all of the
following:
(1) Require that the appropriate board of health approve or
disapprove the use installation, operation, and alteration of a
sewage treatment system if it is not connected to a sanitary
sewerage system;
(2) Require that a board of health, or other person as
established by rule, to conduct a site evaluation for any proposed
installation of a sewage treatment system;
(3) Prescribe standards for the siting, design, installation,
operation, monitoring, maintenance, and abandonment of household
sewage treatment systems that may be used in this state and for
the progressive or incremental alteration or repair of an existing
sewage treatment system or the progressive or incremental
installation of a new system to replace an existing sewage
treatment system. The rules shall be adopted so as to establish a
preference for the repair of an existing sewage treatment system,
when technically and economically feasible, rather than its
replacement with a new system. The standards shall include at a
minimum all of the following:
(a) Soil absorption specifications; and vertical separation
distances.
(i) Soil absorption specifications established in rules shall
include standards regarding the sizing of sewage treatment systems
in use in the state.
(ii) In establishing soil absorption specifications and
vertical separation distances, the rules shall identify those soil
conditions that present a low or moderate risk of inadequate
treatment or dispersal of sewage from sewage treatment systems.
For low and moderate risk conditions, the required vertical
separation distance shall not exceed eighteen inches except as
authorized pursuant to rules adopted under divisions
(A)(3)(a)(iii) and (iv) of this section.
In addition, the rules shall identify those soil conditions
that present a high risk of inadequate treatment or dispersal of
sewage. For such high risk conditions, the vertical separation
distance shall be set at a depth from twenty-four to thirty-six
inches and shall not be lowered unless a reduction of vertical
separation is granted in accordance with rules adopted under
division (A)(3)(a)(iii) of this section.
(iii) The rules shall establish options to be utilized by a
board of health when approving the reductions of or compliance
with vertical separation distances that are established in rules
adopted under division (A)(3)(a)(ii) of this section. The options
for a board of health in providing such approval shall include,
but not be limited to: the use where deemed appropriate for a
particular site of subsurface interceptor drains, perimeter
drains, or engineered drainage; pretreatment of sewage; or soil
elevation.
(iv) The rules shall provide that a board of health may
petition the director to increase the vertical separation
distances required for sewage treatment systems in the applicable
health district or a portion of the district when conditions
present a high risk of inadequate treatment or dispersal of
sewage. The rules also shall provide that the director may approve
such a request upon a demonstration by the board of health that
unusual or unique local conditions relating to terrain, bedrock,
water table, soil fragments, or soil textures require the
establishment of greater vertical separation distances within the
jurisdiction of the board of health or a portion thereof. If,
under the rules, the director of health approves a greater
vertical separation distance, a board of health still may approve
a reduction of that vertical separation distance for an individual
sewage treatment system pursuant to rules adopted under division
(A)(3)(a)(iii) of this section. Further, if, under the rules, the
director approves a greater vertical separation distance, a person
who is denied permission by a board of health to install or
replace a sewage treatment system as a result of the director's
approval may request a hearing in accordance with section 3718.11
of the Revised Code.
(b) Specifications for discharging systems that do not
conflict with provisions related to the quality of treated sewage
effluent from household sewage treatment systems that is applied
to soil on the property where a household sewage treatment system
is located. The specifications established in the rules for the
quality of effluent from discharging systems shall comply with
discharge requirements imposed by the national pollutant discharge
elimination system permit program established in under section
6111.03 of the Revised Code and rules adopted under it;.
(c) Requirements for the reasonable maintenance of a system
according to
the manufacturer's instructions, if available;
(d) Requirements and procedures under which a person may
demonstrate the required maintenance of a system in lieu of having
an inspection conducted when an inspection otherwise is required.
The rules also shall require that a system that has been or
is sited or installed prior to or on the effective date of the
rules and that is operating on that date shall be deemed approved
unless the system is declared to be a public health nuisance by a
board of health maintenance requirements approved by the director
of health as recommended by the sewage treatment system technical
advisory committee or according to accepted standards and
practices established in rules, as applicable. The requirements
may include standards for service contracts or other arrangements
that assure regular maintenance and upkeep of the system. In
determining the reasonableness of a maintenance requirement, the
director shall consider a manufacturer's maintenance requirements
as well as all other maintenance alternatives.
(4) Prescribe procedures for notification to boards of health
of the approval of a sewage treatment system or components of a
system by the director of health under section 3718.04 of the
Revised Code;
(5) Prescribe criteria and procedures under which boards of
health shall issue installation and permits, operation permits,
and alteration permits for sewage treatment systems. The rules
shall require as a condition of an installation permit that the
installer of a system must warrant that the system was installed
in accordance with all applicable rules and design requirements.
In addition, the rules shall require a board of health, not later
than sixty days after the issuance of an installation, operation,
or alteration permit, to certify to notify the director on a form
provided by the director that the permit was issued. The rules
shall require the notification to be in a format prescribed by the
director and to include information related to the issuance of the
permit. With the assistance of the department of health, a board
of health, to the extent practicable, shall computerize the
process of the issuance of permits for sewage treatment systems.
(6) Require a board of health to inspect a sewage treatment
system not later than eighteen twelve months after its
installation to ensure that the system is operating properly. The
rules shall require a board of health, not later than sixty days
after the inspection, to certify to the director on a form
provided by the director that the inspection was performed.
(7) Require each board of health to develop a program for the
administration of maintenance requirements established in rules
adopted under division (A)(3)(c) of this section. The rules shall
include requirements and procedures under which a person may
demonstrate the required maintenance of a system in lieu of having
an inspection conducted when an inspection otherwise is required.
The rules shall require a board of health to provide written
notice to a person that is demonstrating maintenance of a system
in lieu of an inspection that if proof of the required maintenance
of the system is not provided as required by rules, the system is
subject to inspection by the board and the reasonable cost of the
inspection must be paid by the person. The rules shall authorize a
board of health to inspect any sewage treatment system if there is
a good-faith complaint regarding the system, there is probable
cause for the inspection, or proof of the required maintenance of
the system has not been provided as required by rules. In
addition, the rules shall authorize a board of health to inspect a
sewage treatment system without prior notice in any instance in
which the board has probable cause to believe that the system is
endangering or threatening to endanger public health. The rules
shall require that the reasonable costs for sewage effluent
testing or evaluation be paid by the owner of a sewage treatment
system that is being investigated. Further, the rules shall
establish a methodology for determining the reasonable costs of an
inspection in accordance with section 3709.09 of the Revised Code.
The rules shall allow, but shall not require, a board of health to
continue an inspection program that was established by the board
prior to the effective date of the rules, provided that the
program authorizes a person to demonstrate the required
maintenance of a system in lieu of an inspection.
(8) Require a board of health to register installers, service
providers, and septage haulers that perform work within the health
district; prescribe criteria and procedures for the registration;
and prescribe criteria for a demonstration of competency as a part
of the registration;. The rules shall establish uniform statewide
bonding requirements or other financial security requirements for
installers, service providers, and septage haulers as a condition
of registration within any health district. The rules shall
establish a methodology by which the required amount of a bond or
other security may be calculated for each installer, service
provider, and septage hauler. The methodology, at a minimum, shall
consider the number of systems installed or serviced and the type
of system installed or serviced by an installer, service provider,
or septage hauler on an annual basis. The rules shall provide that
no board of health shall require an additional or different bond
or security requirement as a condition of registration beyond the
bonding and security requirements established in the rules adopted
under division (A)(8) of this section.
The rules shall establish a cost methodology for determining
the fee for the registration of an installer, service provider, or
septage hauler in any health district.
(8)(9) Prescribe requirements for the collection,
transportation, disposal, and land application of domestic septage
in this state from a sewage treatment system;
(9)(10) Require boards of health to maintain records that are
determined necessary to ascertain compliance with this chapter and
the rules adopted under it;
(10)(11) Require a board of health and the manufacturer of a
sewage treatment system, when possible, that is authorized for use
in this state in rules adopted under this section or that is
approved for use in this state under section 3718.04 of the
Revised Code to provide instructions for the operation and
maintenance of the system. The rules shall
authorize the
instructions to be posted on the department of health's web site
and the manufacturer's web site
provide that a board of health
may require a copy of a manufacturer's instructions for the
operation and maintenance of a system to be filed with the board
prior to the installation and use of the system in the health
district in which the board has jurisdiction. In addition, the
rules shall require a board of health and a manufacturer to
provide a copy of the operation and maintenance instructions, if
available, when a board of health or a manufacturer receives a
written request for instructions.
(11)(12) Prescribe criteria for the provision of written
evidence of compliance with rules pertaining to household sewage
treatment for purposes of sections 711.05 and 711.10 of the
Revised Code;
(12)(13) Pursuant to divisions (A)(1) and (3) of this
section, prescribe standards for the siting, design, installation,
operation, monitoring, maintenance, and abandonment of small flow
on-site sewage treatment systems that may be used in this state;
(14) Prescribe minimum criteria and procedures under which
boards of health may establish household sewage treatment district
management programs for the purpose of providing a responsive
approach toward preventing or solving sewage treatment problems
resulting from household sewage treatment systems within the
districts established under the program. For purposes of division
(A)(12)(14) of this section, a board of health may enter into a
contract with any entity to administer a household sewage
treatment district management program.
(13) Prescribe standards for the siting, design,
installation, operation, monitoring, maintenance, and abandonment
of small flow on-site sewage treatment systems that may be used in
this state.
(15) Prescribe standards for the use of subsurface
interceptor drains, perimeter drains, and engineered drainage to
remove or divert any subsurface water from an area to be used for
soil absorption of sewage in the soil of a sewage treatment
system;
(16) Prescribe standards for the inspection of septage
hauling truck tanks by boards of health, including, but not
limited to, tank seal safety specifications;
(17) Establish standards and testing methods to ensure that
all septic tanks, other disposal component tanks, dosing tanks,
pump vaults, household sewage treatment disposal system holding
tanks and privy vaults, or other applicable sewage disposal system
components manufactured after the effective date of this section
and used in this state are watertight and structurally sound;
(18) Require a board of health to give notice and an
opportunity for a hearing, pursuant to section 3718.11 of the
Revised Code, to an affected property owner regarding any of the
following:
(a) The denial of an installation, operation, or alteration
permit for a sewage treatment system;
(b) The imposition of a condition on the installation of a
sewage treatment system;
(c) The required replacement of a sewage treatment system;
(d) Any other final order or decision of a board of health
that is made under this chapter concerning which a property owner
is claiming to be aggrieved or adversely affected.
The rules also shall establish procedures for giving such
notice and for conducting the hearing required in rules adopted
under division (A)(18) of this section.
(19) Prescribe standards for the regulation of gray water
recycling systems;
(20) Prohibit a sewage treatment system from causing a public
health nuisance;
(21) Define economic impact for purposes of division (B) of
this section and section 3718.022 of the Revised Code.
The council may adopt other rules under division (A) of this
section that it determines are necessary to implement this chapter
and to protect the public health and welfare.
At least sixty days prior to adopting a rule under division
(A) of this section, the council shall provide boards of health
and any other interested parties an opportunity to comment on the
rule.
(B)(1) In accordance with section 3709.20 or 3709.21 of the
Revised Code, as applicable, and subject to review by and approval
of the director under division (C) of section 3718.05 of the
Revised Code, a board of health may adopt rules necessary for the
public health providing for more stringent standards governing
household sewage treatment systems, installers, service providers,
or septage haulers than those established in rules of the public
health council adopted under division (A) of this section. A In
proposing or adopting the rules, a board of health shall consider
and document the economic impact of the rules on property owners
within the applicable health district.
(2) A board that intends to adopt such rules shall notify the
department of health of the proposed rules and submit a copy of
the proposed rules and the documentation of the economic impact of
the rules at least ninety days prior to the proposed date of
adoption. The director shall approve or disapprove any such
proposed rule within ninety days after receiving
notice of it
under this division a copy of the proposed rule from the board of
health. If the director fails to approve or disapprove a proposed
rule within ninety days after receiving notice of it, the proposed
rule shall be deemed approved.
(3) In reviewing a proposed rule, the director shall approve
the rule if all of the following apply:
(a) The proposed rule is not in conflict with this chapter or
rules adopted under it.
(b) The proposed rule is authorized by division (B) of this
section.
(c) The proposed rule is no less stringent than rules adopted
by the public health council.
(d) Unless otherwise authorized by this chapter or rules
adopted under it, the proposed rule does not require design
changes to a sewage treatment system, or component thereof, that
differ from a design authorized in rules adopted under division
(A) of this section, including rules adopted under division (A)(1)
or (A)(3)(a)(iii) or (iv) of this section, or approved by the
director under section 3718.04 of the Revised Code.
(e) The proposed rule does not require operation or
maintenance procedures for a sewage treatment system that conflict
with operation or maintenance procedures authorized in rules
adopted under division (A) of this section, including rules
adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this
section, or approved by the director under section 3718.04 of the
Revised Code.
(4) If a board of health fails to submit a proposed rule to
the director or fails to demonstrate that the board has considered
the economic impact of the proposed rule, the rule shall have no
force or effect and is not enforceable.
Sec. 3718.023. (A) In accordance with rules adopted under
division (A) of section 3718.02 of the Revised Code, a board of
health shall approve or deny the installation, operation, or
alteration of sewage treatment systems the use of which has been
authorized in those rules or that have been approved for use in
this state by the director of health under section 3718.04 of the
Revised Code. The board shall approve an installation, operation,
or alteration only in the health district in which the board has
jurisdiction. A board shall approve the installation, operation,
or alteration of a sewage treatment system through the issuance of
a permit in accordance with rules adopted under section 3718.02 of
the Revised Code. A board shall not approve the installation,
operation, or alteration of a sewage treatment system if the
installation, operation, or alteration is not appropriate for the
site at which the use of the system is or is proposed to be
located. In determining whether to approve or disapprove the
installation, operation, or alteration of a sewage treatment
system, including the progressive or incremental installation or
alteration of a system, a board shall consider the economic impact
on the property owner, the state of available technology, and the
nature and economics of various alternatives. A board shall
provide written documentation of such economic impact if requested
by the property owner. In addition, the board shall ensure that a
system, when installed and maintained properly, will not create a
public health nuisance and shall require a system to comply with
the requirements established in division (B) of this section and
other applicable requirements of this chapter.
The board shall permit a property owner to select a sewage
treatment system for use by the property owner from those systems
that have been approved for use in the state, from the least
expensive system to the most expensive system, and a property
owner may select any such system regardless of its cost, provided
that the system selected will comply with all applicable
requirements and standards established under this chapter and
rules adopted under it.
(B) A board of health shall ensure that the design and
installation of a soil absorption system prevents public health
nuisances. In addition, a board of health shall ensure that a
sewage treatment system that is installed after the effective date
of this section shall not discharge into a ditch, stream, pond,
lake, natural or artificial waterway, drain tile, or other surface
water or onto the surface of the ground unless authorized by a
national pollutant discharge elimination system permit issued
under Chapter 6111. of the Revised Code and rules adopted under
it. In addition, a board shall ensure that a sewage treatment
system shall not discharge into an abandoned well, a drainage
well, a dry well, a cesspool, a sinkhole, or another connection to
ground water. If a household sewage treatment system serving a
two- or three-family dwelling or a small flow on-site sewage
treatment system is classified as a class V injection well, a
board of health shall ensure that the system complies with rules
adopted under section 6111.043 of the Revised Code and with
Chapter 3745-34 of the Administrative Code.
(C) For purposes of the approval or denial of the
installation, operation, or alteration of a sewage treatment
system under this section, "economic impact" means all of the
following, as applicable:
(1) The cost to the property owner for the installation of
the proposed sewage treatment system, including the cost of
progressive or incremental installation of the system;
(2) The cost of an alternative system, including the cost of
progressive or incremental installation of the system, that, when
installed and maintained properly, will not create a public health
nuisance compared to the proposed sewage treatment system;
(3) The costs of repairing the sewage treatment system,
including the cost of progressive or incremental repairs, as
opposed to replacing the system with a new system.
(D) An application for an installation permit that is
accepted by a board of health prior to January 1, 2012, shall be
valid for three years from the date of the submission of the
complete application and the accompanying application fee.
(E) An installation permit issued by a board of health prior
to January 1, 2012, shall be valid until January 1, 2013, unless
extended by a board of health for not more than an additional six
months.
Sec. 3718.024. The director of health in cooperation with a
board of health shall assess the familiarity of the board's staff
with best management practices in the use of sewage treatment
systems, as necessary, and conduct appropriate training to educate
the board's staff in those best management practices and in the
use of any new sewage treatment system technology that is
recommended for use by the sewage treatment system technical
advisory committee created in section 3718.03 of the Revised Code.
Sec. 3718.025. The environmental protection agency shall not
require a board of health to enter into a memorandum of
understanding or any other agreement with the agency regarding the
issuance of national pollutant discharge elimination system
permits for off-lot household sewage treatment systems. Rather, a
representative of a board of health may meet with a person who
intends to install such a system to determine the feasibility of
the system and refer the person to the agency to secure a national
pollutant discharge elimination system permit for the system if
needed. The environmental protection agency shall make revisions
to any applicable general national pollutant discharge elimination
system permits, issued pursuant to the federal Water Pollution
Control Act as defined in section 6111.01 of the Revised Code, so
that such a memorandum of understanding is not required. A board
of health voluntarily may enter into a memorandum of understanding
with the environmental protection agency to implement a general
national pollutant discharge elimination system permit. The agency
shall work with boards of health to facilitate securing national
pollutant discharge elimination system permits on behalf of
property owners in counties without a memorandum of understanding.
Sec. 3718.03. (A) There is hereby created the sewage
treatment system technical advisory committee consisting of the
director of health or the director's designee and ten thirteen
members who are knowledgeable about sewage treatment systems and
technologies.
The director or the director's designee shall serve
as committee secretary and may vote on actions taken by the
committee. Of the ten thirteen members, four five shall be
appointed by the governor,
three four shall be appointed by the
president of the senate, and
three four shall be appointed by the
speaker of the house of representatives.
(1) Of the members appointed by the governor, one shall
represent academia and shall be active in teaching or research in
the area of on-site wastewater treatment, one shall be a
representative of the public who is not employed by the state or
any of its political subdivisions and who does not have a
pecuniary interest in
household sewage treatment systems, one
shall be an a registered professional engineer from
employed by
the environmental protection agency, and one shall be selected
from among soil scientists in the division of soil and water
resources in the department of natural resources, and one shall be
a representative of a statewide organization representing
townships.
(2) Of the members appointed by the president of the senate,
one shall be a health commissioner who is a member of and
recommended by the association of Ohio health commissioners, one
shall represent the interests of manufacturers of household sewage
treatment systems, and one shall represent installers and service
providers, and one shall be a person with demonstrated experience
in the design of sewage treatment systems.
(3) Of the members appointed by the speaker of the house of
representatives, one shall be a health commissioner who is a
member of and recommended by the association of Ohio health
commissioners, one shall represent the interests of manufacturers
of household sewage treatment systems, and one shall be a
sanitarian who is registered under Chapter 4736. of the Revised
Code and who is a member of the Ohio environmental health
association, and one shall be a registered professional engineer
with experience in sewage treatment systems.
(B) Terms of members appointed to the committee shall be for
three years, with each term ending on the same day of the same
month as did the term that it succeeds. Each member shall serve
from the date of appointment until the end of the term for which
the member was appointed.
Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue to serve
after the expiration date of the member's term until the member's
successor is appointed or until a period of sixty days has
elapsed, whichever occurs first. The applicable appointing
authority may remove a member from the committee for failure to
attend two consecutive meetings without showing good cause for the
absences.
(C) The technical advisory committee annually shall select
from among its members a chairperson and a vice-chairperson and a.
The secretary to shall keep a record of its proceedings. A
majority vote of the members of the full committee is necessary to
take action on any matter. The committee may adopt bylaws
governing its operation, including bylaws that establish the
frequency of meetings.
(D) Serving as a member of the sewage treatment system
technical advisory committee does not constitute holding a public
office or position of employment under the laws of this state and
does not constitute grounds for removal of public officers or
employees from their offices or positions of employment. Members
of the committee shall serve without compensation for attending
committee meetings.
(E) A member of the committee shall not have a conflict of
interest with the position. For the purposes of this division,
"conflict of interest" means the taking of any action that
violates any provision of Chapter 102. or 2921. of the Revised
Code.
(F) The sewage treatment system technical advisory committee
shall do all of the following:
(1) Develop with the department of health standards and,
guidelines, and protocols for approving or disapproving a sewage
treatment system or components of a system under section 3718.04
of the Revised Code;. Any guideline requiring the submission of
scientific information or testing data shall specify, in writing,
the protocol and format to be used in submitting the information
or data.
(2) Develop with the department an application form to be
submitted to the director by an applicant for approval or
disapproval of a sewage treatment system or components of a system
and specify the information that must be included with an
application form;
(3) Advise Make recommendations to the director on regarding
the approval or disapproval of an application sent to the director
under section 3718.04 of the Revised Code requesting approval of a
sewage treatment system or components of a system;
(4) Pursue and recruit in an active manner the research,
development, introduction, and timely approval of innovative and
cost-effective household sewage treatment systems and components
of a system for use in this state, which shall include conducting
pilot projects to assess the effectiveness of a system or
components of a system;
(5) By January 1, 2008, provide the household sewage and
small flow on-site sewage treatment system study commission
created by Am. Sub. H.B. 119 of the 127th general assembly with a
list of available alternative systems and the estimated cost of
each system.
(G) The chairperson of the committee shall prepare and submit
an annual report concerning the activities of the committee to the
general assembly not later than ninety days after the end of the
calendar year. The report shall discuss the number of applications
submitted under section 3718.04 of the Revised Code for the
approval of a new sewage treatment system or a component of a
system, the number of such systems and components that were
approved, any information that the committee considers beneficial
to the general assembly, and any other information that the
chairperson determines is beneficial to the general assembly. If
other members of the committee determine that certain information
should be included in the report, they shall submit the
information to the chairperson not later than thirty days after
the end of the calendar year.
(H) The department shall provide meeting space for the
committee. The committee shall be assisted in its duties by the
staff of the department.
(I) Sections 101.82 to 101.87 of the Revised Code do not
apply to the sewage treatment system technical advisory committee.
Sec. 3718.04. (A) A manufacturer seeking approval for the
installation and use of a sewage treatment system or a component
of a system in this state that differs in design or function from
systems or components of systems the use of which is authorized in
rules adopted under section 3718.02 of the Revised Code shall
request an application form from the department of health. The
applicant shall complete the form and include with it all of the
information that is required by the department and the sewage
treatment system technical advisory committee. The applicant shall
submit a completed application and all required information to the
director of health.
(B) Upon receipt of an application, the director shall
examine the application and all accompanying information to
determine if the application is complete. If the director
determines that the application is not complete, the director
shall notify the applicant not later than fourteen sixty days
after determining submission of the application that the
application is not complete, provide a description of the
information that is missing from the application, and return the
application and all accompanying information to the applicant. The
applicant may resubmit the application to the director if the
application includes the information that was identified by the
director. Not later than fourteen thirty days after receipt of a
complete application, the director shall notify the committee of
the complete application and send a copy of the complete
application and all accompanying information to the committee
together with a request that the committee advise recommend that
the director on the approval approve or disapproval of disapprove
the system.
Not later than ninety days after receipt of a complete
application, the committee shall recommend approval or disapproval
of the application and submit its recommendation in writing to the
director. The director shall approve or disapprove the application
not later than sixty days after the committee submits its
recommendation to the director or, if the committee fails to
recommend approval or disapproval within the required time, not
later than one hundred twenty days after the submission of a
complete application. If the director fails to approve or
disapprove an application within the required time, the
application shall be deemed approved.
(C) In approving or disapproving an application, the director
shall use the standards and, guidelines, and protocols that the
committee developed with the department for that purpose. The
director shall not approve an application that fails to comply
with those standards and, guidelines, and protocols. If the
committee advises recommends approval or disapproval of an
application, the director concerning the application, the director
shall consider the advice committee's recommendation before
approving or disapproving the application. However, if If the
committee fails to provide advice or if the committee fails to
provide advice within a reasonable period of time before the
director is required to approve or disapprove the application
recommend approval or disapproval of the application within the
required time, the director may approve or disapprove the
application without considering the advice of the committee. Not
later than ninety days after receipt of a complete application,
the director shall approve or disapprove the application in
writing. If the director fails to approve or disapprove the
application within that ninety-day period, the application shall
be deemed approved The director shall establish and include any
appropriate terms and conditions with the approval of a sewage
treatment system or component of a system for use in this state.
For purposes of establishing soil absorption specifications for a
sewage treatment system, the terms and conditions shall include
standards regarding the sizing of the system.
(D) If the director approves an application under this
section, the director shall notify the applicant in writing. The
director also shall notify boards of health in accordance with the
procedures established in rules adopted under section 3718.02 of
the Revised Code that the sewage treatment system or component of
a system that is the subject of the application is approved for
statewide use. If the director disapproves an application under
this section, the director shall notify the applicant in writing
and provide a brief explanation for the disapproval.
(E) Decisions of the director approving or disapproving
applications under this section may be appealed in accordance with
Chapter 119. of the Revised Code.
(F) No approval shall be required under this section with
respect to a sewage treatment system or component of a system that
has been approved by the director prior to the effective date of
this amendment unless the manufacturer of the system or component
changes the design or seeks modifications to any terms and
conditions of the prior approval.
(G) The director may revoke the approval of a sewage
treatment system or component of a system if the director finds,
based on substantial evidence, that the system or component fails
to comply with applicable standards for the system or component.
The revocation of an approval under this division may be appealed
in accordance with Chapter 119. of the Revised Code.
Sec. 3718.041. An installer or manufacturer of a sewage
treatment system or component of a system the use of which has
been authorized in rules adopted under section 3718.02 of the
Revised Code may request from the director of health a written
statement acknowledging that the system or component of a system
is approved for use in this state and that the approval is
equivalent in all respects to the approval of a system or
component of a system under section 3718.04 of the Revised Code.
The director may approve or deny such a request as the director
determines appropriate.
Sec. 3718.05. The director of health shall do all of the
following:
(A) Administer and enforce this chapter and the rules of the
public health council adopted under it;
(B) Examine records of boards of health, in accordance with
rules adopted by the council, that are determined necessary to
ascertain compliance with this chapter and rules adopted under it;
(C) Review and approve or disapprove rules proposed by boards
of health under division (B) of section 3718.02 of the Revised
Code. The director shall not disapprove a proposed rule unless the
director determines that the proposed rule conflicts with this
chapter or rules adopted under section 3718.02 of the Revised Code
by the public health council or fails to promote public health or
environmental protection. If the director disapproves a proposed
rule, the director shall provide a written explanation of the
director's disapproval to the board of health that proposed the
rule.
(D) Survey boards of health as required by section 3718.07 of
the Revised Code;
(E) Develop with the sewage treatment system technical
advisory committee standards and, guidelines, and protocols for
use by the director in approving or disapproving a sewage
treatment system under section 3718.04 of the Revised Code and an
application form for use by applicants for that approval,
including identification of the information that must be included
with the form;
(F) Provide instructions on the operation and maintenance of
a sewage treatment system. The director shall provide the
operation and maintenance instructions on the department of
health's web site. In addition, the director shall provide a copy
of the operation and maintenance instructions when the director
receives a written request for the instructions.
(G) Develop educational programs, in conjunction with boards
of health, to educate owners of sewage treatment systems regarding
the proper operation and maintenance of those systems.
Sec. 3718.06. (A)(1) A board of health shall establish fees
in accordance with section 3709.09 of the Revised Code for the
purpose of carrying out its duties under this chapter and rules
adopted under it, including a fee fees for an installation permit
permits, operation permits, and alteration permits issued by the
board. All fees so established and collected by the board shall be
deposited in a special fund of the district to be used exclusively
by the board in carrying out those duties.
(2) In accordance with Chapter 119. of the Revised Code, the
public health council may establish by rule a fee to be collected
from applicants for installation permits and alteration permits
issued under rules adopted under this chapter. The director of
health shall use not more than seventy-five per cent of the
proceeds from that fee for administering and enforcing this
chapter and the rules adopted under it by the council. The
director shall use not less than twenty-five per cent of the
proceeds from that fee to establish a program in cooperation with
boards of health to fund installation and evaluation of sewage
treatment system new technology pilot projects through grants or
other agreements. In the selection of pilot projects, the director
shall consult with the sewage treatment system technical advisory
committee. A board of health shall collect and transmit the fee.
to the director pursuant to section 3709.092 of the Revised Code.
The director shall use the money so credited solely for the
administration and enforcement of this chapter and the rules
adopted under it by the public health council.
(B) The director may submit recommendations to the public
health council regarding the amount of the fee collected under
division (A)(2) of this section for installation and alteration
permits. When making the recommendations, the director shall
submit a report stating the current and projected expenses of
administering and enforcing this chapter and the rules adopted
under it by the council and of the sewage treatment system new
technology pilot projects program established under this section
and the total of all money that has been deposited to the credit
of the general operations fund under division (A)(2) of this
section. The director may include in the report any
recommendations for modifying the requirements established under
this chapter and the rules adopted under it by the council.
Sec. 3718.09. (A) A board of health may issue, modify,
suspend, or revoke enforcement orders to a registration or permit
holder or other person directing the holder or person to abate a
violation of this chapter, any rule adopted or order issued under
it, or a condition of a registration or permit issued under it
within a specified, reasonable time. If an order issued under this
division is neglected or disregarded, the applicable board of
health may proceed in accordance with section 3707.02 of the
Revised Code.
(B) The health commissioner or the commissioner's designated
representative, without prior notice or hearing and in accordance
with the rules of the public health council, may issue an
emergency order requiring any action necessary to meet a public
health emergency or to prevent or abate an imminent and
substantial threat to surface water or ground water regarding
domestic septage management or regarding a sewage treatment system
that is being operated in a manner that does not comply with this
chapter or rules adopted under it. A person to whom such an
emergency order is issued immediately shall comply with the order.
A person so ordered may apply to the issuer of the order for a
hearing, which shall be held as soon as possible, but not later
than twenty days after the issuer's receipt of the application for
a hearing.
Sec. 3718.11. (A) A property owner may request a hearing with
the board of health for any reason described in division (A)(18)
of section 3718.02 of the Revised Code. A property owner may
appeal the results of the hearing to either of the following:
(1) The court of common pleas of the county in which the
property owner's land is located;
(2) A sewage treatment system appeals board that is
established in accordance with this section.
(B) A property owner that wishes to appeal to a sewage
treatment system appeals board shall file the appeal with the
board of health within whose jurisdiction the property owner's
land is located. Upon receipt of a filing, the board of health
shall send the filing of the appeal to the chairperson of the
sewage treatment system appeals board for the county in which the
board of health has jurisdiction.
(C)(1) Not later than ninety days after the effective date of
this section, a sewage treatment system appeals board shall be
appointed for each county as follows:
(a) One member shall be appointed by the health commissioner
of the general health district having jurisdiction in the county.
(b) One member shall be appointed by the judge of the probate
court of the county having the longest continuous service as a
judge of the probate court.
(c) One member shall be appointed by the director of health.
(2) Terms of appointment to a sewage treatment system appeals
board shall be for two years. Members may be reappointed.
Vacancies shall be filled in the same manner as provided for
original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member
was appointed shall hold office for the remainder of that term.
(3) The person appointed by the judge of the probate court
shall serve as chairperson of the board. A majority vote of the
members of the board is necessary to take action on any matter.
The chairperson of the board shall designate the time and location
for a hearing before the board. Members of the board shall serve
without compensation.
(4) A board of health shall send an appeal that has been
filed with the board of health under division (B) of this section
to the sewage treatment system appeals board immediately after the
appeal has been filed. Not later than forty-five days after a
hearing before a sewage treatment system appeals board, the board
shall issue a written decision concerning an appeal before the
board.
(5) The judge of the probate court who made an appointment to
the board under this section shall establish due process
procedures to be used by the applicable sewage treatment system
appeals board appointed under this section for the purpose of
hearing appeals regarding orders and decisions of a board of
health. All appeals before the applicable sewage treatment system
appeals board shall be conducted in accordance with those
procedures. The procedures may include filing fees applicable to
appeals conducted by the sewage treatment system appeals board.
(D) An appeal before a sewage treatment system appeals board
is final, and no further appeal may be taken.
SECTION 2. That existing sections 711.05, 711.10, 3718.01,
3718.02, 3718.03, 3718.04, 3718.05, 3718.06, and 3718.09 of the
Revised Code are hereby repealed.
SECTION 3. Notwithstanding any provision of law to the
contrary, Chapter 3701-29 of the Ohio Administrative Code adopted
pursuant to Section 120.02 of Am. Sub. H.B. 119 of the 127th
General Assembly, as amended by Am. Sub. H.B. 1 and Sub. H.B. 363
of the 128th General Assembly, shall remain in effect as it exists
on the effective date of this act until it is superseded by the
rules that are required to be adopted under section 3718.02 of the
Revised Code as amended by this act. The rules that are required
to be adopted under that section as amended by this act shall not
take effect prior to January 1, 2012.
SECTION 4. Not later than thirty days after the effective
date of this section, the Governor, President of the Senate, and
Speaker of the House of Representatives shall appoint the new
members to the Sewage Treatment System Technical Advisory
Committee that are required to be appointed under section 3718.03
of the Revised Code as amended by this act.
The Governor shall appoint the person representing a
statewide organization representing townships for an initial term
of one year. Thereafter, the person appointed to that position
shall be appointed to a three-year term as required by section
3718.03 of the Revised Code.
The President of the Senate shall appoint the person who is
required to have demonstrated experience in the design of
household sewage treatment systems for an initial term of two
years. Thereafter, the person appointed to that position shall be
appointed to a three-year term as required by section 3718.03 of
the Revised Code.
The Speaker of the House of Representatives shall appoint the
person that is required to be a registered professional engineer
with experience in sewage treatment systems for an initial term of
three years. Thereafter, the person appointed to that position
shall be appointed to a three-year term as required by section
3718.03 of the Revised Code.
SECTION 5. That Section 3 of Am. H.B. 416 of the 127th
General Assembly be amended to read as follows:
Sec. 3. (A) Not later than three months after the effective
date of this section, the Director of Natural Resources shall
convene an advisory board consisting of the following persons with
an interest in the Great Lakes-St. Lawrence River Basin Water
Resources Compact:
(1) The Director of Natural Resources or the Director's
designee, who shall serve as chairperson of the advisory board;
(2) The Director of Environmental Protection or the
Director's designee;
(3) The Director of Development or the Director's designee;
(4) The following members appointed by the Governor:
(a) One water quality expert from the faculty or staff of an
Ohio college or university;
(b) One representative of a statewide environmental advocacy
organization;
(c) One representative of a local environmental advocacy
organization in the Lake Erie Basin;
(d) One representative of a sustainable economic development
organization in the Lake Erie Basin;
(e) One representative of the travel and tourism industry;
(f) One representative of the electric utility industry;
(g) One representative of a county government in the Lake
Erie Basin.
(5) The following members appointed by the President of the
Senate:
(a) Two members of the Senate who shall not be members of the
same political party;
(b) One representative of the bottled water industry;
(c) One representative of a statewide land conservation
advocacy organization;
(d) One representative of agricultural interests in the Lake
Erie Basin;
(e) One representative of the aggregates industry;
(f) One representative of the pulp and paper industry;
(g) One representative of a large manufacturer with a
facility located within the Lake Erie Basin;
(h) One member of the public.
(6) The following members appointed by the Speaker of the
House of Representatives:
(a) Two members of the House of Representatives who shall not
be members of the same political party;
(b) One representative of a municipal government in the Lake
Erie Basin;
(c) One expert in hydrogeology from the faculty or staff of
an Ohio college or university;
(d) One representative of a locally based organization in the
Lake Erie Basin that assists in the development and implementation
of a plan for the protection and management of surface and ground
water resources in a watershed;
(e) One representative of a fish and wildlife advocacy
organization;
(f) One representative of residential developers;
(g) One representative of the chemical industry;
(h) One representative of the petroleum industry with a
facility located within the Lake Erie Basin.
All appointments shall be made to the advisory board not
later than thirty days after the effective date of this section.
The advisory board shall meet on a regular basis. Vacancies on the
advisory board shall be filled in the manner provided for original
appointments. Members of the advisory board shall receive no
compensation for serving on the board. The Department of Natural
Resources shall provide technical support to the advisory board.
(B) The advisory board shall be convened for the purpose of
developing recommendations for legislation that is necessary to
implement and effectuate the requirements and purposes of the
Great Lakes-St. Lawrence River Basin Water Resources Compact. The
recommendations shall address, but not be limited to, the
following:
(1) The evaluation and recommendation of the threshold levels
to be included in the implementing legislation for regulating new
or increased water withdrawals in the state, considering at least
all of the following:
(a) The number of withdrawals that will be regulated;
(b) The relative impact of those withdrawals;
(c) The practicality of regulating those withdrawals;
(d) The alternatives that are available in the establishment
of a permitting program in order to meet the water management
objectives of this state.
(2) The establishment of requirements regarding the review of
lists of existing water users in the portion of the Great
Lakes-St. Lawrence River Basin that is in this state;
(3) The establishment of a process for use by persons that
wish to appeal their inclusion in the list of existing water
users;
(4) The establishment of conservation objectives with respect
to the Great Lakes-St. Lawrence River Basin Water Resources
Compact and the development of the state's water conservation and
efficiency programs;
(5) The method for determining the capacity of existing
facilities as required in Section 4.12.2 of the Great Lakes-St.
Lawrence River Basin Water Resources Compact.
(C) The advisory board shall present its final
recommendations to the Governor and the General Assembly not later
than eighteen months after the effective date of this section
December 15, 2010. It is the intent of the General Assembly that
the recommendations of the advisory board will represent a
consensus of the board's members regarding the issues presented to
and discussed by the board. However, if a consensus cannot be
reached on any or all of the issues before the board, one or more
minority opinions may accompany the recommendations of the board.
(D) Upon submission of its recommendations under division (C)
of this section, the advisory board shall cease to exist.
SECTION 6. That existing Section 3 of Am. H.B. 416 of the
127th General Assembly is hereby repealed.
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