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Am. S. B. No. 179 As Enrolled
(130th General Assembly)
(Amended Senate Bill Number 179)
To amend section 3701.344 of the Revised Code to
include recycled water as a private water system
for purposes of regulation by the Department of
Health and boards of health.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 3701.344 of the Revised Code be
amended to read as follows:
Sec. 3701.344. (A) As used in this section and sections
3701.345, 3701.346, and 3701.347 of the Revised Code
(A) "Private, "private water system" means any water system
for the provision of water for human consumption, if such the
system has fewer than fifteen service connections and does not
regularly serve an average of at least twenty-five individuals
daily at least sixty days out of the year. A private "Private water
system" includes any well, spring, cistern, pond, or hauled water,
or recycled water and any equipment for the collection,
transportation, filtration, disinfection, treatment, or storage of
such water extending from and including the source of the water to
the point of discharge from any pressure tank or other storage
vessel; to the point of discharge from the water pump where no
pressure tank or other storage vessel is present; or, in the case
of multiple service connections serving more than one dwelling, to
the point of discharge from each service connection. "Private
water system" does not include the water service line extending
from the point of discharge to a structure.
(B) Notwithstanding section 3701.347 of the Revised Code and
subject to division (C) of this section, rules adopted by the
director of health regarding private water systems shall provide
for the following:
(1) Except as otherwise provided in this division, boards of
health of city or general health districts shall be given the
exclusive power to establish fees in accordance with section
3709.09 of the Revised Code for administering and enforcing
the rules. Such The fees shall establish a different rate for
administering and enforcing the rules relative to private water
systems serving single-family dwelling houses and nonsingle-family
dwelling houses. Except for an amount established by the director,
pursuant to division (B)(5) of this section, for each new private
water system installation, no portion of any fee for administering
and enforcing such the rules shall be returned to the department
of health. If the director of health determines that a board of
health of a city or general health district is unable to
administer and enforce a private water system program in the
district, the director shall administer and enforce such a program
in the district and establish fees for such administration and
(2) Boards of health of city or general health districts
shall be given the exclusive power to determine the number of
inspections necessary for determining the safe drinking
characteristics of a private water system.
(3) Private water systems contractors, as a condition of
doing business in this state, shall annually register with, and
comply with surety bonding requirements of, the department of
health. No such contractor shall be permitted to register if the
contractor fails to comply with all applicable rules adopted by
the director and the board of health of the city or general health
district. The annual registration fee for private water systems
contractors shall be sixty-five dollars. The director, by rule
adopted in accordance with Chapter 119. of the Revised Code, may
increase the annual registration fee.
(4) Subject to rules adopted by the director, boards of
health of city or general health districts shall have the option
of determining whether bacteriological examinations shall be
performed at approved laboratories of the state or at approved
(5) The director may establish fees for each new private
water system installation, which shall be collected by the
appropriate board of health and transmitted to the director
pursuant to section 3709.092 of the Revised Code.
(6) All fees received by the director of health under
divisions (B)(1), (3), and (5) of this section shall be deposited
in the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code for use in the
administration and enforcement of sections 3701.344 to 3701.347 of
the Revised Code and the rules pertaining to private water systems
adopted under those sections.
(7) The director shall define "well," "spring," "cistern,"
"pond," "hauled water," and "recycled water" for purposes of this
section and the rules adopted under it.
(C) To the extent that rules adopted under division (B) of
this section require health districts to follow specific
procedures or use prescribed forms, no such procedure or form
shall be implemented until it is approved by majority vote of an
approval board of health commissioners, hereby created. Members of
the board shall be the officers of the association of Ohio health
commissioners, or any successor organization, and membership on
the board shall be coterminous with holding an office of the
association. No health district is required to follow a procedure
or use a form required by a rule adopted under division (B) of
this section without the approval of the board.
(D) A board of health shall collect well log filing fees on
behalf of the division of soil and water resources in the
department of natural resources in accordance with section 1521.05
of the Revised Code and rules adopted under it. The fees shall be
submitted to the division quarterly as provided in those rules.
(E) A water system that will be used in agriculture and that
does not provide water for human consumption shall not be required
to obtain a permit or license issued under, pay any fees assessed
or levied under, or comply with any rule adopted under sections
3701.34 to 3701.347 of the Revised Code.
SECTION 2. That existing section 3701.344 of the Revised Code
is hereby repealed.