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hb692_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 692
2025-2026
Representatives Pizzulli, John
Cosponsors: Representatives Deeter,
Salvo, Robb Blasdel, Young, Williams, Bird, Thomas, D., Hall, T.,
Daniels, Fischer, Moore, Ritter, Schmidt, Stewart, Brennan, Dovilla,
Gross, Hiner, Lorenz, Mathews, A., Mathews, T., McClain, Miller, K.,
Peterson, Sigrist, Stephens
To
amend sections 3701.83, 3718.02, 3718.021, 3718.03, 3718.06, 3718.11,
6111.44, and 6111.441 of the Revised Code
to
make changes to the law governing household sewage treatment systems.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3701.83, 3718.02, 3718.021, 3718.03, 3718.06, 3718.11,
6111.44, and 6111.441 of the Revised Code be amended to read as
follows:
Sec.
3701.83.
There
is hereby created in the state treasury the general operations fund.
Moneys in the fund shall be used for the purposes specified in
sections 3701.04, 3701.344, 3711.16, 3717.45,
3718.02,
3718.06,
3721.02, 3721.022, 3729.07, 3733.43, 3748.04, 3748.05, 3748.07,
3748.12, 3748.13, 3749.04, 3749.07, 3776.08, and 4769.09 of the
Revised Code.
Sec.
3718.02.
(A)
The
Subject
to division (C) of this section, the
director
of health, 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 installation, operation, and alteration of a sewage treatment
system if it is not connected to a sanitary sewerage system;
(2)
(2)(a)
Require 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
;
,
which shall include a soil evaluation for any sewage treatment system
used as the primary system on a property.
(b)
Except as provided in division (A)(2)(c) of this section, the rules
shall not require a soil evaluation for a replacement area or a newly
created lot. If a soil evaluation is not conducted, a board of health
may provide a notification statement to the applicable property
owner, in accordance with division (D) of this section, stating a
soil evaluation was not conducted during the review of the newly
created lot.
(c)
The rules may authorize a board of health to conduct a soil
evaluation on a newly created lot when limitations exist at the
location that may prevent a sewage treatment system from being
installed on the lot.
(d)
The rules shall require a developer or property owner of a newly
created lot to provide a written notice to any prospective purchaser
of that lot stating that a soil evaluation was not conducted and that
soil conditions may limit or prevent the installation of a sewage
treatment system on that lot if either of the following apply:
(i)
The local board of health determined that a soil evaluation was not
required for that lot.
(ii)
The local board of health was not notified when the lot was split or
created.
(e)
The rules shall authorize a board of health to require a soil
evaluation if a household sewage treatment system is proposed to be
installed in a disturbed area that lacks any in-situ soil in order to
determine if a household sewage treatment system can be installed in
the area.
(f)
The rules shall require the director of health to provide annual soil
evaluation training for local health departments. Such training may
be conducted electronically.
(3)
Prescribe standards for the siting, design, installation, operation,
monitoring, maintenance, and abandonment of 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 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 under section 6111.03 of the Revised Code and
rules adopted under it.
(c)
Requirements for the reasonable maintenance of a system according to
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 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 notify 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
conduct
an educational assessment of
a
sewage treatment system not later than 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
assessment
may be scheduled with the owner of the sewage treatment system
.
(7)
Require
Authorize
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
property
owner
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
property
owner
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
property owner
.
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.
A
property owner providing proof of the required maintenance of the
system does not preclude the board of health from conducting
compliance inspections for the purpose of oversight of such
maintenance or from requiring the payment of an operation permit fee.
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
the
department of health
to
register
do
all of the following:
(a)
Register
installers,
service providers, and septage haulers that perform work within the
health
district
state
;
prescribe
criteria and procedures for the registration; and prescribe criteria
for a demonstration of competency as a part of the
(b)
Require each installer, service provider, and septage hauler to
submit an application for
registration
before the first day of January of each year, unless such application
is for initial registration;
(c)
Establish a timeline for when an applicant for initial registration
is registered for the subsequent registration period
.
The
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
annual
registration
and a prorated fee for the initial registration
of an installer, service provider, or septage hauler in
any
health district
the
state and allow for the collection and deposit of the fees in the
general operations fund created under section 3701.83 of the Revised
Code. The director of health shall ensure that not less than
seventy-five per cent of the proceeds from those fees are used for
the benefit and support of the boards of health. The proceeds
distributed to the boards of health shall be distributed in
accordance with the same subsidy formula adopted by the director
under section 3701.342 of the Revised Code
.
(9)
Prescribe requirements for the collection, transportation, disposal,
and land application of domestic septage in this state from a sewage
treatment system;
(10)
Require boards of health to maintain records that are determined
necessary to ascertain compliance with this chapter and the rules
adopted under it;
(11)
Require the manufacturer of a sewage treatment system 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 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.
(12)
(11)
Prescribe criteria for the provision of written evidence of
compliance with rules pertaining to sewage treatment for purposes of
sections 711.05 and 711.10 of the Revised Code;
(13)
(12)
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)
(13)
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)(14)
(A)(13)
of this section, a board of health may enter into a contract with any
entity to administer a household sewage treatment district management
program.
(15)
(14)
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)
(15)
Prescribe standards for the inspection of septage hauling truck tanks
by boards of health, including, but not limited to, tank seal safety
specifications;
(17)
(16)
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 September 17, 2010, and used in this state are
watertight and structurally sound;
(18)
(17)
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)
(A)(17)
of this section.
(19)
(18)
Prescribe standards for the regulation of gray water recycling
systems;
(20)
(19)
Prohibit a sewage treatment system from causing a public health
nuisance;
(21)
(20)
Define economic impact for purposes of division (B) of this section
and section 3718.022 of the Revised Code.
The
director may adopt other rules under division (A) of this section
that the director 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 director 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 than those established in rules adopted by
the director under division (A) of this section. 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 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 a copy of the proposed rule from the board of health.
(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
director.
(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.
(C)(1)
Notwithstanding any provision of law or rules to the contrary, no
board of health shall prohibit the installation of a sewage treatment
system on a slope so long as the sewage treatment system meets the
design criteria prescribed in the rules and the installation does not
pose a risk to contractor safety.
(2)(a)
Except as provided in divisions (C)(2)(b) and (c) of this section, a
board of health shall not require a permit if a sewage treatment
system is repaired and the repair entails replacing components of the
system with the same component or a component similar to the original
component.
(b)
A board of health shall require a permit for the replacement of a
septic tank or aeration treatment unit tank. However, the board of
health shall not require the existing system to be upgraded, provided
that the replacement tank is one of the same type and design capacity
as the original system and is approved for use under applicable state
standards.
(c)
A board of health shall require a permit if the soil absorption
component of a sewage treatment system is being altered or replaced.
(D)
If a soil evaluation is not conducted in accordance with division
(A)(2)(b) of this section, a board of health may provide a
notification statement to the applicable property owner stating a
soil evaluation was not conducted during the review of the newly
created lots. The board of health, in consultation with the
association of Ohio health commissioners and the Ohio environmental
health association, may create the notification statement and
determine when issuance of the statement is appropriate.
Sec.
3718.021.
(A)
A board of health may regulate the siting, design, installation,
operation, monitoring, maintenance, and abandonment of small flow
on-site sewage treatment systems in accordance with rules adopted by
the director of health under division
(A)(13)
(A)(12)
of section 3718.02 of the Revised Code. If a board of health chooses
to regulate small flow on-site sewage treatment systems, the board
first shall send written notification to the director of health and
the director of environmental protection.
(B)
If a board of health chooses to regulate small flow on-site sewage
treatment systems under division (A) of this section and later
determines that it no longer wants to regulate those systems, the
board shall notify the director of health and the director of
environmental protection. Upon the receipt of the notification by the
director of environmental protection, the board of health shall cease
regulating small flow on-site sewage treatment systems, and the
environmental protection agency shall regulate those systems.
(C)
If after a survey conducted under section 3718.07 of the Revised Code
the director of health finds that a board of health that has chosen
to regulate small flow on-site sewage treatment systems is not
complying with the rules adopted under division
(A)(13)
(A)(12)
of section 3718.02 of the Revised Code, the director shall notify the
director of environmental protection and the board of health. Upon
receipt of the notification, the board shall cease regulating small
flow on-site sewage treatment systems, and the environmental
protection agency shall regulate those systems.
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 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 thirteen members, five
shall be appointed by the governor, four shall be appointed by the
president of the senate, and 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 sewage
treatment systems, one shall be a registered professional engineer
employed by the environmental protection agency, one shall be
selected from among soil scientists in the division of soil and water
conservation in the department of agriculture, 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 sewage treatment systems, 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 sewage
treatment systems, one shall be an environmental health specialist
who is registered under Chapter 3776. 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. The secretary 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, 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)
Make recommendations to the director 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
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.
(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.
3718.06.
(A)
A
(A)(1)
Except as prohibited under division (A)(2) of this section, 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 fees for
installation 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)
A board of health shall not charge a fee under division (A)(1) of
this section unless the board conducts a service for the purposes of
this chapter and the rules adopted under it.
(B)
In accordance with Chapter 119. of the Revised Code, the director of
health 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 ninety per cent of the proceeds from that fee for administering
and enforcing this chapter and the rules adopted under it by the
director. The director shall use not less than ten 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.
Sec.
3718.11.
(A)
A property owner may request a hearing with the board of health for
any reason described in division
(A)(18)
(A)(17)
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
September 17, 2010
,
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.
Sec.
6111.44.
(A)
Except as otherwise provided in division (B) of this section, in
section 6111.14 of the Revised Code, or in rules adopted under
division (G) of section 6111.03 of the Revised Code, no municipal
corporation, county, public institution, corporation, or officer or
employee thereof or other person shall provide or install sewerage or
treatment works for sewage, sludge, or sludge materials disposal or
treatment or make a change in any sewerage or treatment works until
the plans therefor have been submitted to and approved by the
director of environmental protection. Sections 6111.44 to 6111.46 of
the Revised Code apply to sewerage and treatment works of a municipal
corporation or part thereof, an unincorporated community, a county
sewer district, or other land outside of a municipal corporation or
any publicly or privately owned building or group of buildings or
place, used for the assemblage, entertainment, recreation, education,
correction, hospitalization, housing, or employment of persons.
In
granting an approval, the director may stipulate modifications,
conditions, and rules that the public health and prevention of
pollution may require. Any action taken by the director shall be a
matter of public record and shall be entered in the director's
journal. Each period of thirty days that a violation of this section
continues, after a conviction for the violation, constitutes a
separate offense.
(B)
Sections 6111.45 and 6111.46 of the Revised Code and division (A) of
this section do not apply to any of the following:
(1)
Sewerage or treatment works for sewage installed or to be installed
for the use of a private residence or dwelling;
(2)
Sewerage systems, treatment works, or disposal systems for storm
water from an animal feeding facility or manure, as "animal
feeding facility" and "manure" are defined in section
903.01 of the Revised Code;
(3)
Residual farm products and manure treatment or disposal works and
related management and conservation practices that are subject to
rules adopted under division (E)(1) of section 939.02 of the Revised
Code. As used in division (B)(3) of this section, "residual farm
products" and "manure" have the same meanings as in
section 939.01 of the Revised Code.
(4)
Sewerage or treatment works for the on-lot disposal or treatment of
sewage from a small flow on-site sewage treatment system, as defined
in section 3718.01 of the Revised Code, if the board of health of a
city or general health district has notified the director of health
and the director of environmental protection under section 3718.021
of the Revised Code that the board has chosen to regulate the system,
provided that the board remains in compliance with the rules adopted
under division
(A)(13)
(A)(12)
of section 3718.02 of the Revised Code.
The
exclusions established in divisions (B)(2) and (3) of this section do
not apply to the construction or installation of disposal systems, as
defined in section 6111.01 of the Revised Code, that are located at
an animal feeding facility and that store, treat, or discharge
wastewaters that do not include storm water or manure or that
discharge to a publicly owned treatment works.
Sec.
6111.441.
In
addition to the exemption established under division (B)(4) of
section 6111.44 of the Revised Code, sewerage or treatment works for
the on-lot disposal or treatment of sewage from a small flow on-site
sewage treatment system, as defined in section 3718.01 of the Revised
Code, concerning which the board of health of a city or general
health district has notified the director of health and the director
of environmental protection under section 3718.021 of the Revised
Code that the board has chosen to regulate the system are exempt from
the administrative and permitting requirements established in this
chapter and rules adopted under it and the fees established under
section 3745.11 of the Revised Code, provided that the board remains
in compliance with the rules adopted under division
(A)(13)
(A)(12)
of section 3718.02 of the Revised Code.
Section
2.
That
existing sections 3701.83, 3718.02, 3718.021, 3718.03, 3718.06,
3718.11, 6111.44, and 6111.441 of the Revised Code are hereby
repealed.