Bill Text: OH SB179 | 2013-2014 | 130th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To include recycled water as a private water system for purposes of regulation by the Department of Health and boards of health.

Spectrum: Slight Partisan Bill (Republican 23-15)

Status: (Passed) 2014-07-10 - Effective Date [SB179 Detail]

Download: Ohio-2013-SB179-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. S. B. No. 179

Senator Eklund 

Cosponsors: Senators Seitz, Coley, Hite, Kearney, Oelslager, Patton, Sawyer, Schiavoni, Turner, Uecker 

Representatives Anielski, Antonio, Baker, Beck, Blair, Boose, Boyd, Brown, Carney, Celebrezze, Conditt, Damschroder, DeVitis, Green, Grossman, Hackett, Letson, Mallory, McClain, Milkovich, Roegner, Rogers, Slaby, Stinziano, Winburn, Young Speaker Batchelder 

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A BILL

To amend section 3701.344 of the Revised Code to

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include recycled water as a private water system

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for purposes of regulation by the Department of

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Health and boards of health.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3701.344 of the Revised Code be	5
amended to read as follows:	6

Sec. 3701.344. (A) As used in this section and sections	7
3701.345, 3701.346, and 3701.347 of the Revised Code:	8

(A) "Private, "private water system" means any water system	9
for the provision of water for human consumption, if suchthe	10
system has fewer than fifteen service connections and does not	11
regularly serve an average of at least twenty-five individuals	12
daily at least sixty days out of the year. A private"Private water	13
system" includes any well, spring, cistern, pond, or hauled water,	14
or recycled water and any equipment for the collection,	15
transportation, filtration, disinfection, treatment, or storage of	16
such water extending from and including the source of the water to	17
the point of discharge from any pressure tank or other storage	18
vessel; to the point of discharge from the water pump where no	19
pressure tank or other storage vessel is present; or, in the case	20
of multiple service connections serving more than one dwelling, to	21
the point of discharge from each service connection. "Private	22
water system" does not include the water service line extending	23
from the point of discharge to a structure.	24

(B) Notwithstanding section 3701.347 of the Revised Code and	25
subject to division (C) of this section, rules adopted by the	26
director of health regarding private water systems shall provide	27
for the following:	28

(1) Except as otherwise provided in this division, boards of	29
health of city or general health districts shall be given the	30
exclusive power to establish fees in accordance with section	31
3709.09 of the Revised Code for administering and enforcing such	32
the rules. SuchThe fees shall establish a different rate for	33
administering and enforcing the rules relative to private water	34
systems serving single-family dwelling houses and nonsingle-family	35
dwelling houses. Except for an amount established by the director,	36
pursuant to division (B)(5) of this section, for each new private	37
water system installation, no portion of any fee for administering	38
and enforcing suchthe rules shall be returned to the department	39
of health. If the director of health determines that a board of	40
health of a city or general health district is unable to	41
administer and enforce a private water system program in the	42
district, the director shall administer and enforce such a program	43
in the district and establish fees for such administration and	44
enforcement.	45

(2) Boards of health of city or general health districts	46
shall be given the exclusive power to determine the number of	47
inspections necessary for determining the safe drinking	48
characteristics of a private water system.	49

(3) Private water systems contractors, as a condition of	50
doing business in this state, shall annually register with, and	51
comply with surety bonding requirements of, the department of	52
health. No such contractor shall be permitted to register if the	53
contractor fails to comply with all applicable rules adopted by	54
the director and the board of health of the city or general health	55
district. The annual registration fee for private water systems	56
contractors shall be sixty-five dollars. The director, by rule	57
adopted in accordance with Chapter 119. of the Revised Code, may	58
increase the annual registration fee.	59

(4) Subject to rules adopted by the director, boards of	60
health of city or general health districts shall have the option	61
of determining whether bacteriological examinations shall be	62
performed at approved laboratories of the state or at approved	63
private laboratories.	64

(5) The director may establish fees for each new private	65
water system installation, which shall be collected by the	66
appropriate board of health and transmitted to the director	67
pursuant to section 3709.092 of the Revised Code.	68

(6) All fees received by the director of health under	69
divisions (B)(1), (3), and (5) of this section shall be deposited	70
in the state treasury to the credit of the general operations fund	71
created in section 3701.83 of the Revised Code for use in the	72
administration and enforcement of sections 3701.344 to 3701.347 of	73
the Revised Code and the rules pertaining to private water systems	74
adopted under those sections.	75

(7) The director shall define "well," "spring," "cistern,"	76
"pond," "hauled water," and "recycled water" for purposes of this	77
section and the rules adopted under it.	78

(C) To the extent that rules adopted under division (B) of	79
this section require health districts to follow specific	80
procedures or use prescribed forms, no such procedure or form	81
shall be implemented until it is approved by majority vote of an	82
approval board of health commissioners, hereby created. Members of	83
the board shall be the officers of the association of Ohio health	84
commissioners, or any successor organization, and membership on	85
the board shall be coterminous with holding an office of the	86
association. No health district is required to follow a procedure	87
or use a form required by a rule adopted under division (B) of	88
this section without the approval of the board.	89

(D) A board of health shall collect well log filing fees on	90
behalf of the division of soil and water resources in the	91
department of natural resources in accordance with section 1521.05	92
of the Revised Code and rules adopted under it. The fees shall be	93
submitted to the division quarterly as provided in those rules.	94

(E) A water system that will be used in agriculture and that	95
does not provide water for human consumption shall not be required	96
to obtain a permit or license issued under, pay any fees assessed	97
or levied under, or comply with any rule adopted under sections	98
3701.34 to 3701.347 of the Revised Code.	99

Section 2. That existing section 3701.344 of the Revised Code	100
is hereby repealed.	101