Bill Text: OH HB522 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To require notification to a property owner whose property is served by a household sewage treatment system of the construction of a private sewerage system to which the property will be required to connect, and to authorize such a property owner to elect not to connect to the sewerage system under specified conditions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-16 - To Public Utilities [HB522 Detail]
Download: Ohio-2013-HB522-Introduced.html
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Representatives O'Brien, Duffey
To amend sections 6112.01 and 6112.03 and to enact | 1 |
section 6112.06 of the Revised Code to require | 2 |
notification to a property owner whose property is | 3 |
served by a household sewage treatment system of | 4 |
the construction of a private sewerage system to | 5 |
which the property will be required to connect, | 6 |
and to authorize such a property owner to elect | 7 |
not to connect to the sewerage system under | 8 |
specified conditions. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6112.01 and 6112.03 be amended and | 10 |
section 6112.06 of the Revised Code be enacted to read as follows: | 11 |
Sec. 6112.01. As used in | 12 |
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(A) "Sewage" means any substance that contains any of the | 14 |
waste products or excrementitious or other discharge from the | 15 |
bodies of human beings or animals, which pollutes the waters of | 16 |
the state. | 17 |
(B) "Industrial waste" means any liquid, gaseous, or solid | 18 |
waste substance resulting from any process of industry, | 19 |
manufacture, trade, or business, or from the development, | 20 |
processing, or recovery of any natural resource, together with | 21 |
such sewage as is present, which pollutes the waters of the state. | 22 |
(C) "Other wastes" means garbage, refuse, decayed wood, | 23 |
sawdust shavings, bark, and other wood debris, lime (except | 24 |
hydrated or dehydrated lime), sand, ashes, offal, night soil, oil, | 25 |
tar, coal dust, or silt, and other substances
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(D) "Sewerage system" means | 29 |
pumping stations, and force mains, and all other constructions, | 30 |
devices, appurtenances, and facilities used for collecting or | 31 |
conducting water-borne sewage, industrial waste, or other wastes | 32 |
to a point of disposal or treatment. | 33 |
(E) "Treatment works" means any plant, disposal field, | 34 |
lagoon, dam, pumping station, incinerator, or other works used for | 35 |
the purpose of treating, stabilizing, or holding sewage, | 36 |
industrial waste, or other wastes. | 37 |
(F) "Disposal system" means a system for disposing of sewage, | 38 |
industrial waste, or other wastes, and includes sewerage systems | 39 |
and treatment works. | 40 |
(G) "Waters of the state" mean all streams, lakes, ponds, | 41 |
marshes, watercourses, waterways, wells, springs, irrigation | 42 |
systems, drainage systems, and all other bodies or accumulations | 43 |
of water, surface and underground, natural or artificial, | 44 |
that are situated wholly or partly within, or border upon, this | 45 |
state, or are within its jurisdiction, except those private waters | 46 |
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surface or underground waters. | 48 |
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Sec. 6112.03. Applications for approval of plans for the | 52 |
construction and installation of facilities under this chapter | 53 |
shall be made in the manner and form prescribed by the director of | 54 |
environmental protection and shall be accompanied by plans, | 55 |
specifications, and other data that the director may require | 56 |
relative to the facilities for which approval of plans is | 57 |
requested. Thereafter, the director shall review and act upon the | 58 |
application in accordance with law and the rules adopted | 59 |
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Sec. 6112.06. (A) As used in this section: | 61 |
(1) "Health district" means a city or general health district | 62 |
as created by or under authority of Chapter 3709. of the Revised | 63 |
Code. | 64 |
(2) "Household sewage treatment system" has the same meaning | 65 |
as in section 3718.01 of the Revised Code and includes a household | 66 |
sewage disposal system as defined in rule 3701-29-01 of the | 67 |
Administrative Code. | 68 |
(B)(1) A person that submits plans to install a sewerage | 69 |
system under section 6112.03 of the Revised Code simultaneously | 70 |
shall notify the owner of each parcel of property that is served | 71 |
by a household sewage treatment system and the board of health of | 72 |
the health district in which the affected parcel of property is | 73 |
located of the installation of the sewerage system if the owner or | 74 |
operator of the sewerage system has determined that the parcel of | 75 |
property is reasonably accessible to the sewerage system and may | 76 |
be required to connect to it. The notice shall be in writing and | 77 |
shall be sent by certified mail. | 78 |
(2) For purposes of this section, a parcel of property is | 79 |
reasonably accessible if all of the following apply: | 80 |
(a) The office of the sanitary engineer of the applicable | 81 |
jurisdiction and the environmental protection agency have | 82 |
certified that the new sewerage system and its receiving treatment | 83 |
works have the capacity to accept the additional waste from the | 84 |
parcel of property. | 85 |
(b) The foundation wall of the structure from which sewage or | 86 |
other waste originates is four hundred feet or less from the | 87 |
nearest boundary of the right-of-way within which the new sewerage | 88 |
system is located. | 89 |
(c) There are no physical barriers between the parcel of | 90 |
property and the new sewerage system that would prevent the parcel | 91 |
of property from connecting to the new sewerage system. | 92 |
(C) A person who receives a notice under division (B) of this | 93 |
section shall not be required to connect to the sewerage system | 94 |
specified in the notice if both of the following apply: | 95 |
(1) The person notifies the owner or operator of the sewerage | 96 |
system and the board of health of the health district in which the | 97 |
affected parcel of property is located that the person elects not | 98 |
to connect to the specified sewerage system. The notice shall be | 99 |
in writing and shall be sent by certified mail not later than | 100 |
sixty days after the person has received a notice under division | 101 |
(B) of this section. Not later than sixty days after the board of | 102 |
health receives the notice, the board shall evaluate the household | 103 |
sewage treatment system serving the affected parcel of property to | 104 |
determine if the system operates and is maintained in accordance | 105 |
with Chapter 3718. of the Revised Code and with rules adopted | 106 |
under that chapter by the director of health and by the board, if | 107 |
any. The owner of the affected parcel of property is responsible | 108 |
for the costs of the evaluation. | 109 |
(2) The applicable board of health determines under division | 110 |
(C)(1) of this section that the household sewage treatment system | 111 |
operates and is maintained in accordance with Chapter 3718. of the | 112 |
Revised Code and with rules adopted under that chapter by the | 113 |
director and by the board, if any. The board shall so notify the | 114 |
person and the owner or operator of the sewerage system. However, | 115 |
if the board determines that a nuisance exists under section | 116 |
3718.011 of the Revised Code, the board shall so notify the | 117 |
person. The person may repair the system within sixty days to | 118 |
eliminate the nuisance. However, the board may assist the person | 119 |
in developing a plan for the incremental repair or replacement of | 120 |
the system. The incremental repair or replacement plan shall | 121 |
establish a phased approach to repair, alter, or replace the | 122 |
system over a period of time specified in the plan and approved by | 123 |
the board. The incremental repair or replacement plan shall | 124 |
require sufficient alterations to the system to minimize or | 125 |
correct the nuisance in a timely manner in order for the person | 126 |
not to be required to connect to the sewerage system. | 127 |
(D)(1) Division (C) of this section does not apply to a | 128 |
household sewage treatment system that is a discharging system. | 129 |
The notification required by division (B) of this section shall be | 130 |
issued to an applicable property owner regardless of whether the | 131 |
property owner's system is a discharging system. | 132 |
(2) For purposes of this section, a discharging system is one | 133 |
of the following: | 134 |
(a) A system for which an NPDES permit has been issued under | 135 |
Chapter 6111. of the Revised Code and rules adopted under it; | 136 |
(b) A system for which an NPDES permit would be required, but | 137 |
that has not been issued such a permit. | 138 |
Section 2. That existing sections 6112.01 and 6112.03 of the | 139 |
Revised Code are hereby repealed. | 140 |