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S. B. No. 110 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend sections 711.05, 711.10, 3718.01, 3718.02,
3718.03, 3718.04,
3718.05, 3718.06, 3718.09, and
6117.51 and to
enact
sections 3718.011,
3718.023, 3718.024,
3718.025, and
3718.041
of
the Revised Code, to amend sections 711.05 and
711.10 of the Revised Code, which are scheduled to
take effect on July
1, 2009, to
amend Section
120.05 of
Am. Sub.
H.B. 119 of the
127th
General
Assembly,
and to
repeal Sections
120.01 and
120.02 of Am.
Sub.
H.B. 119 of the
127th General
Assembly to
revise the Household
Sewage and Small
Flow
On-Site
Sewage Treatment
Systems Law, and to
declare an emergency.
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, 3718.09, and 6117.51 be
amended and sections
3718.011, 3718.023,
3718.024, 3718.025, and
3718.041 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 rules governing household
sewage treatment systems, 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 rules governing
household sewage treatment systems,
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 or soft rock stratum that underlies
the soil and other unconsolidated material or that is exposed at
the surface.
(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. For purposes of this chapter, a sewage
treatment system is causing a public health nuisance if any of the
following situations occurs:
(A) The sewage treatment system is not operating in the
manner for which it was designed due to mechanical failure or
another type of system malfunction, including, but not limited to,
the inability of the sewage treatment system to accept wastewater
at the rate for which the system was designed thereby preventing
or limiting the use of plumbing fixtures due to mechanical failure
or hydraulic overloading.
(B) The sewage treatment system is discharging wastewater
from the system's soil absorption components in an amount that
exceeds the absorptive capacity of the soil resulting in ponding,
seepage, or other discharge of effluent to surface or ground
water. Evidence of the situation described in this division shall
be collected by standard investigative methods and a standard
scoring process of site conditions, including, but not limited to,
dye testing, visual observations of ponded effluent, detection of
sewage odors, or water quality sampling.
(C) The sewage treatment system is discharging wastewater
into surface water so that the surface water fails to meet water
quality standards established for a surface water body in
accordance with rules adopted under section 6111.041 of the
Revised Code, or, with respect to systems authorized under the
NPDES permit program established under Chapter 6111. of the
Revised Code and rules adopted under it, the system routinely
exceeds the effluent discharge standards specified in a permit
issued under that program.
(D) Wastewater from a sewage treatment system causes
identified contamination of ground water so that primary drinking
water standards are exceeded in violation of Chapter 3745-81 of
the Administrative Code.
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;. The rules shall provide that the disapproval of
the installation, operation, or alteration of a sewage treatment
system may be appealed in accordance with Chapter 2506. of the
Revised Code by the person seeking approval of the installation,
operation, or alteration of the 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, repair, or replacement
of existing sewage treatment systems. 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 or vertical separation distances that present a low or
moderate risk of inadequate treatment or dispersal of sewage from
sewage treatment systems. For low and moderate risk systems, the
required vertical separation distance shall not exceed eighteen
inches.
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 provide that no reduction in vertical
separation distances shall be approved by the director of health
for any sewage
treatment system, or component thereof, until the
director has
submitted the proposed reduction to the sewage
treatment system
technical advisory committee created in section
3718.03 of the
Revised Code for review and recommended approval.
Any reduction
that decreases the vertical separation to less than
twelve inches
shall require pretreatment of the sewage.
(iv) The rules shall provide that a board of health may
petition the director to increase the vertical separation distance
for a sewage treatment system 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 approves a greater vertical separation distance, the
approval is subject to appeal in accordance with Chapter 119. of
the Revised Code. The rules shall allow a person who is denied
permission by a board of health to install or replace a sewage
treatment system on the ground that an appropriate vertical
separation distance cannot be achieved the opportunity to appeal
that decision of the board of health in accordance with Chapter
2506. 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 maintenance of a system according
to
the manufacturer's instructions, if available, including mandatory
requirements for service contracts or other arrangements that
assure regular maintenance and upkeep of the system;
(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.
(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
enforcement of maintenance requirements established in rules
adopted under division (A)(3)(c) of this section. The rules shall
authorize a board of health, upon reasonable prior notice, to
inspect any sewage treatment system if there is a
complaint
regarding the system or there is probable cause for the
inspection. 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 allow a board of health to continue an
inspection program that was established by the board prior to the
effective date of the rules.
(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) 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 drains to
remove any subsurface
water from an area to
be used for soil
absorption of sewage in the
soil of a sewage
treatment system;
(16) Authorize a board of health to require a
property owner
whose property is serviced by a sewage treatment system to connect
to an available central
sewer system under any of the following
circumstances and conditions:
(a) The central sewer system is located not more than three
hundred feet from the structure owned by the property owner
measured from the foundation of the structure to the right-of-way
where the central sewer system is located.
(b) There is an administrative or judicial order requiring
connection to a central sewer system.
(c) The property is the subject of a sewer assessment process
initiated by a county, municipal corporation, or other political
subdivision.
The rules shall provide that after a property owner
is
required to connect to a central sewer system, the property
owner
is prohibited from installing, replacing, or continuing to
use a
sewage treatment system. The rules shall establish exceptions for
extenuating circumstances that allow a property owner to continue
to use a sewage treatment system.
The rules shall provide that if a property owner is required
to connect to a central sewer system, a board of health shall
afford the property owner a period of time not to exceed three
years to install the connection to
the
central sewer system. The
rules shall authorize a board of health
to require connection to
a central sewer system within an expedited time
frame if a sewage
treatment system owned
by a property owner is causing a public
health nuisance and the
cost of connection to a central sewer
system is not excessive.
Governmental entities constructing
central sewer systems
shall construct the central sewer systems in a
manner that
minimizes the distance between the foundations of the
structures
to be serviced by the central sewer system and the
connecting
point of the central sewer system. The rules shall
provide
that
a property owner that is required under rules to
connect to
a
municipal central sewer system not be required to
submit to
annexation by the municipal corporation as a condition
of
connecting to the municipal central sewer system.
A board of health shall not require the connection to a
central sewer system under rules adopted under division (A)(16) of
this section if a board of county commissioners has adopted a
resolution requiring connection under section 6117.51 of the
Revised Code.
(17) Prescribe standards for the inspection of septage
hauling truck tanks by boards of health, including, but not
limited to, tank seal safety specifications;
(18) 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;
(19) Require a board of health to give notice and an
opportunity for a hearing 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.
The rules also shall establish procedures for giving such
notice and for conducting the hearing required in rules adopted
under division (A)(19) of this section.
(20) Prescribe standards for the regulation of gray water
recycling systems;
(21) Prohibit a sewage treatment system from causing a public
health nuisance;
(22) 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 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 does not conflict with a rule adopted
by the public health council.
(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) The proposed rule does not require design changes to a
sewage treatment system, or component thereof, that differ from
the design authorized in rules adopted under division (A) 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 procedures authorized in rules adopted under division (A) of
this section or approved by the director under section 3718.04 of
the Revised Code or that conflict with operation or maintenance
instructions provided by the manufacturer of the system to the
director.
(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) 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 rules adopted
under section 3718.02 of the Revised Code 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, a board shall consider and document the economic
impact on the property owner, the state of available technology,
and the nature and economics of various alternatives. In addition,
the board shall ensure that a system, when installed and
maintained properly, will not create a public health nuisance,
shall ensure that a system will maintain long-term treatment of
sewage, 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 and will maintain long-term treatment of sewage. 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;
(2) The cost of an alternative 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 as
opposed to replacing the system with a new system.
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
conservation 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 Review and, at the option of the committee, submit
comments regarding the proposed adoption, amendment, or rescission
of rules under division (A) of section 3718.02 of the
Revised
Code.
(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, operation 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 the fee at the
same time that it collects the
fee
established by it under
division (A)(1) of this section for
installation, operation, and alteration
permits.
Not later than sixty days after the last day of the month in
which an installation, operation, or alteration permit is issued,
a board
shall certify the
amount collected under division (A)(2)
of this
section and
transmit the amount to the treasurer of
state. All
money so
received shall be deposited in the state
treasury to the
credit of
the general operations fund created in
section
3701.83
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 as
required by this section.
(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, operation, 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.
(C) The director of health may file an injunctive action in a
court of competent jurisdiction against a board of health that
allows a sewage treatment system to cause a public health
nuisance, provided that the director provides reasonable notice to
the board and an opportunity to abate the nuisance prior to filing
the action.
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 the
project is to reduce or eliminate an existing
health problem or a
hazard of water pollution, the board of county
commissioners of
the county, by resolution, may order the owner of any
premises
located in a
sewer district in the county, 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 three
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 three hundred feet from
the
nearest boundary of the right-of-way within which the public
sewer is located;
(E) Any dwelling house located on property that is listed on
the county's agricultural land tax list as being valued for tax
purposes as land devoted exclusively to agricultural use under
section 5713.31 of the Revised Code, when the foundation wall of
the dwelling house is two three hundred feet or less from the
nearest boundary of the right-of-way within which the sewer is
located, if both of the following also apply:
(1) The sewer right-of-way for the property on which the
dwelling house is located was obtained by appropriation due to a
public exigency pursuant to division (B) of section 307.08,
6101.181, 6115.211, 6117.39, or 6119.11 of the Revised Code.
(2) The local health department has certified that the
household sewage disposal system is functioning properly.
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 that person as
provided in
this section. The board, 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 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 a person of suitable age and discretion then residing
therein, or by certified mail addressed to the owner, agent,
lessee, tenant, or occupant at 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, that person shall be served by publication of the
order once in a
newspaper of general circulation within the
county, or if that
person refuses service, that person shall be
served by
ordinary mail addressed to 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 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, 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 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 711.05, 711.10, 3718.01,
3718.02, 3718.03,
3718.04, 3718.05, 3718.06, 3718.09, and 6117.51
of the Revised
Code are
hereby repealed.
Section 3. That Section 120.05 of Am. Sub. H.B. 119 of the
127th General Assembly be amended to read as follows:
Sec. 120.05. Sections 120.03 and 120.04 of Am. Sub. H.B. 119
of the 127th General Assembly take effect on
July 1, 2009 the
effective date of S.B. .... of the 128th General Assembly.
Section 4. That existing Section 120.05 of Am. Sub. H.B. 119
of the 127th General Assembly is hereby repealed.
Section 5. That Section 120.01 of Am. Sub. H.B. 119 of the
127th General Assembly is hereby repealed.
Section 6. The purpose of Section 5 of this act is to provide
for reinstating the operation of sections 3718.02, 3718.05,
3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441
of the Revised Code on the effective date of this act rather than
on July 1, 2009, as provided in Section 120.01 of Am. Sub. H.B.
119
of the 127th General Assembly.
Section 7. That Section 120.02 of Am. Sub. H.B. 119 of the
127th General Assembly is hereby repealed.
Section 8. That sections 711.05 and 711.10 of the Revised
Code, which are scheduled to take effect on July 1, 2009, be
amended 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.
Section 9. That existing sections 711.05 and 711.10 of the
Revised Code, which are scheduled to take effect on July 1, 2009,
are hereby repealed.
Section 10. Sections 8 and 9 of this act take effect July 1,
2009.
Section 11. 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 12. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
provisions of law that were suspended by the enactment of Am. Sub.
H.B. 119 of the 127th General Assembly are scheduled to be
reinstated on July 1, 2009, and this act is necessary to revise
the
law governing sewage treatment systems prior to that date.
Therefore, this act shall go into immediate effect.
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