SUPPLEMENTING OHIO DEPARTMENT OF HEALTH OHIO ADMINISTRATIVE CODE CHAPTER SEWAGE TREATMENT SYSTEM RULES

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1 Board of Health of the Union County General Health District UNION COUNTY LOCAL SEWAGE TREATMENT SYSTEM REGULATIONS SUPPLEMENTING OHIO DEPARTMENT OF HEALTH OHIO ADMINISTRATIVE CODE CHAPTER SEWAGE TREATMENT SYSTEM RULES 2015 Resolution 2014: Effective January 1,

2 Union County Health Department LOCAL SEWAGE TREATMENT REGULATIONS 2015 Supplementing the Ohio Department of Health Sewage Treatment System Rules Contents Section 1 Definitions... 3 Section 2 General Authority... 3 Section 3 Penalties... 3 Section 4 Small Flows ON-Site Sewage Treatment Systems (SFOSTS)... 3 Section 5 - Registration of installers, service providers, and septage haulers... 3 Section 6 Operation Permit Terms & Conditions... 4 Section 6 Effluent quality standards... 5 Section 7 General soil absorption standards... 5 Section 8 Gray water recycling systems... 5 Section 9 - STS operation and management, and owner education... 6 Section 10 - Septage and sewage management... 7 Section 11 - STS abandonment

3 Section 1 Definitions (C) Unless otherwise defined in these Union County General Health District Sewage Treatment System Regulations, the definitions contained in Ohio Administrative Code (OAC) Rule , as they may be amended or modified from time to time, are incorporated by reference. Board of Health means the Board of the Health of the Union County General Health District. Terms defined in OAC Rule are generally indicated in these Regulations by a Contrasting Font; provided, however, the failure to so identify a defined term, without more, does not indicate a different meaning for the term in that instance. Section 2 General Authority The Board of Health of Union County is granted authority under section of the Ohio Revised Code to make such orders and regulations as are necessary for the public health, the prevention, or restriction of disease, and the prevention, abatement, or suppression of nuisances. Section 3 Penalties This regulation shall be enforced in accordance with Chapter 3709 of the Ohio Revised Code. A violation of this regulation is punishable in accordance with section of the Ohio Revised Code or as otherwise permitted by law or Rule. Section 4 Small Flows On-Site Sewage Treatment Systems (SFOSTS) Pursuant to (H) 1 of the Ohio Administrative Code, whereas a board of health may regulate the siting, design, installation, operation, monitoring, maintenance and/or abandonment of Small Flow On-Site Sewage Treatment Systems (SFOSTS) in accordance with section of the Revised Code, the Board of Health has determined that it has the capacity to regulate SFOSTS. The Board of Health hereby continues to assume authority for SFOSTS under its jurisdiction. Section 5 - Registration of installers, service providers, and septage haulers 1 (H) A board of health may regulate the siting, design, installation, operation, monitoring, maintenance, and/or abandonment of SFOSTS in accordance with section of the Revised Code. When the rules specifically address SFOSTS, the provisions apply to those SFOSTS that are under the jurisdiction of a board of health having met the following requirements: (1) The board of health has determined that all applicable provisions of the rules related to SFOSTS can be fully implemented under its authority. (2) The board of health has sent a letter of notification to the director of health and the director of the Ohio environmental protection agency at least sixty days prior to the date when the board of health will assume authority for SFOSTS. The letter of notification shall include the intended date for transfer of jurisdiction and shall indicate compliance with paragraph (H)(1) of this rule. 3

4 Pursuant to (G) of the Ohio Administrative Code, when the registered service provider performs the duties of a service provider on only the registrant s personal residence, the service provider shall be exempt from paragraphs (C)(4) 2, and (C)(6) 3 of the rule. Whereas the Board of Health has the authority to waive (C) (1) 4 and (C)(5) 5 of the rule, the Board of Health does hereby determine that it shall require compliance with paragraphs (C)(1) of the rule, as to payment of the registration fee, and it shall waive paragraph (C)(5) of the rule, as to proof of completion of continuing education hours. Pursuant to (H) of the Ohio Administrative Code, when the registered installer performs the duties of an installer on only the registrant s personal residence, the Board of Health may waive (C)(1), (C)(4), and (C)(6) of the rule. The Board of Health does hereby determine that it shall require compliance with paragraphs (C)(1) of the rule, as to payment of the registration fee, and it shall waive paragraphs (C)(4), as to proof of general liability insurance, and (C)(6), as to proof of completion of continuing education hours, of the rule. Section 6 Operation Permit Terms & Conditions Pursuant to (I)(2) of the Ohio Administrative Code, the Board of Health shall specify any terms and conditions of the operation permit consistent with this chapter governing the operation, maintenance, and abandonment including: (a) The requirement that all Sewage Treatment Systems (STS) shall be maintained, operated and monitored per manufacturer and/or health district instructions so as to not cause a public nuisance. (b) Discharging systems shall meet effluent quality standards set for in (c) An operation permit shall require a service contract for any STS subject to a NPDES permit or when required as a condition of a STS component or system approval granted by the director of health. (d) Operation permits shall be in effect upon Board of Health approval of the installation, replacement, or alteration of an STS and shall not expire for a period equal to the lesser of the schedule referenced in Section 9 2 or 10 years from date of installation replacement or alteration of a STS approval unless suspended or revoked by the Board of Health. (e) Operation permits shall be renewed upon expiration. All operation permits shall automatically renew provided a written inspection/pumping/service report has been submitted to the Board of Health in the previous operational period and all applicable fees have been paid. The BOH may suspend or revoke the operation permit for failure to comply with this rule supplement or any other rule(s) in Chapter Failure to comply with the written inspection/pumping/service report submission by the expiration 2 (4) Proof of no less than five hundred thousand dollars general liability insurance coverage. In the case of dual or multiple registrations as an installer, septage hauler, and/or service provider, the required general liability insurance shall apply to multiple registration categories. 3 (6) Proof of a surety bond or other financial assurance options approved by the director of health which provides statewide coverage for all work performed on a STS in any local health district in the state of Ohio, on a form provided by the director of health. 4 (1) The registration fee established by a board of health in accordance with rule of the Ohio Administrative Code; 5 (5) Beginning with the registration year starting on January 1, 2016 proof of completion of at least six continuing education hours during the previous calendar year through educational programs approved by the department of health or demonstration of competency obtained through one of the following mechanisms: 4

5 date will result in staff of Union County General Health District performing a maintenance inspection and applicable fees will be assessed. Section 6 Effluent quality standards Pursuant to (C) of the Ohio Administrative Code, whereas the Board of Health may establish nutrient reduction standards for pretreatment components when there is a significant risk of nutrient contamination to surface or ground water, the Board of Health does hereby establish the standards referenced in (C) (1) 6 of that rule and reserves the right to adopt other nutrient standards as permitted in (C) (2) of that rule. Section 7 General soil absorption standards Pursuant to (G) of the Ohio Administrative Code, when there is a seasonal water table present, the Board of Health may establish a vertical separation distance no less than six inches and no greater than eighteen inches, with a required minimum thickness of in situ soil within the infiltrative distance of no less than six inches, the Board of Health does hereby establish a vertical separation distance to the seasonal water table of six (6) inches, with a required minimum thickness of in situ soil of six (6) inches 7. Pursuant to (H) of the Ohio Administrative Code, whereas the Board of Health may establish the required minimum vertical separation distance of greater than zero inches and less than six inches, and the required minimum in situ soil thickness within the vertical separation distance of greater than zero inches and less than six inches where the seasonal water table is present and the sewage effluent is pretreated to less than one thousand fecal coliform CFU per one hundred milliliters, the Board of Health shall recognize these requirements, and therefore allow a Sewage Treatment System or Gray Water Recycling System to be permitted in these conditions. The infiltrative surface shall not be placed below the depth of the seasonal water table. Section 8 Gray water recycling systems Pursuant to of the Ohio Administrative Code, whereas the Board of Health may issue a permit for the design and installation of a type 1 gray water recycling system, the Board of Health does hereby determine that a permit shall be required for the design and installation of these systems. 6 (1) When total nitrogen reduction is required, pretreatment components that meet a fifty per cent reduction in the total nitrogen concentration (average influent and effluent total nitrogen concentrations and the actual percentage of removal are provided) as demonstrated by ANSI/NSF Standard 245, BNQ Standard NQ , CEN Standard EN data or equivalent shall be used. 7 The minimum allowable amount is 6 inches. 8 A board of health may issue a permit for the design and installation of a type 1 GWRS. Except for gray water systems installed for campgrounds under Chapter of the Revised Code, a board of health shall issue a permit in compliance with rule of the Administrative Code for type 2, 3 and 4 GWRS. When a GWRS is proposed at the same time as a new or replacement STS, both systems shall be authorized under the same permit. Designs for GWRS shall meet the requirements of rule of the Administrative Code as applicable. 5

6 (1) No person shall design or install a type 1 gray water recycling system without an approved and valid type 1 gray water recycling system permit issued by the Board of Health. (2) All terms, conditions, and procedures for site review and permitting specified in section of the Ohio Administrative Code shall be recognized and enforced. Section 9 - STS operation and management, and owner education Pursuant to (E)(1) of the Ohio Administrative Code, the Board of Health declines to permit a registered service provider to collect effluent samples for a National Pollutant Discharge Elimination System, and the Board of Health does hereby require that the sampling described shall be collected only by the Board of Health to ensure accuracy and consistency with the collection protocol. Pursuant to of the Ohio Administrative Code, the Board of Health shall develop a program for the administration of an Operation and Maintenance (O&M) management for STS and GWRS and owner education in compliance with division (7) of section of the Revised Code and this chapter. (1) The O&M program shall include STS owner education for all STS installed or altered after January 1, (2) The Board of Health shall develop a timeline and process for the expansion and redesign of the Board of Health current STS O&M program and will consider risk factors such as; system age, complexity, and public health risks when establishing the criteria and process for phasing in prior installed STS. The timeline for the development of a comprehensive O&M program shall begin January 1, 2015 with an expected completion date on or before December 31, (3) All STS that have been issued coverage under the general NPDES permit after January 1, 2007 shall be included in the O&M program. (C)Pursuant to , the Board of Health elects to maintain its existing O&M program, and all STS currently enrolled in the O&M program will remain on their current schedule until the new standards have been developed. (D) (E) (F) All applicable STS systems may be serviced by: (1) a private, registered service provider as identified in or, (2) a homeowner registered as providing service to the homeowner s own system in the homeowner s personal property of residence as identified in Section 5 of these rules When a homeowner of an applicable STS fails to provide proof of service per (C), the homeowner s system will be automatically registered with the Board of Health s O&M program, inspected according to the schedule established by the Board of Health, and assessed a fee as adopted in the Board of Health s fee resolution. Pursuant to (F), whereas the Board of Health may establish a household sewage treatment districts in accordance with division (14) of section of the Revised code, the Board of Health reserves the authority to establish HST districts within the limitations and guidance provided in (F). 6

7 Section 10 - Septage and sewage management Pursuant to of the Ohio Administrative Code, whereas the Board of Health may adopt rules prohibiting, restricting or limiting the land application of domestic septage within its jurisdiction, the Board of Health does hereby permit the land application of domestic septage within its jurisdiction and in compliance with Section 11 - STS abandonment Pursuant to (E) of the Ohio Administrative Code, whereas the Board of Health may require a permit for abandonment of a Sewage Treatment System and establish a permit fee in accordance with paragraph (D)(12) 9 of rule of the Administrative Code, the Board of Health does hereby determine that an abandonment permit and fee shall be required. (1) No person shall abandon a sewage treatment system without an approved and valid abandonment permit issued by the Board of Health. (2) All terms, conditions, and procedures for abandonment specified in section of the Ohio Administrative Code shall be enforced. (3) An approved abandonment permit issued by the Board of Health shall be valid for one year from the date of issuance or until the abandonment is completed and approved by the Board of Health within the one year period. 9 References the allowable fee Categories 7

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