Ohio General Assembly changes the regulation of household sewage in rural areas by Frank J. Reed, Jr, Esq. December 2004

If you live in a well developed area such as a city, chances are your sewage is connected by centralized pipes and sewers to a sanitary sewage treatment facility. However, if you live in a rural area, your sewage may be collected in a septic tank or other mechanism. This past year, the Ohio General Assembly passed Sub. H.B. 231 which changes the way household sewage will be regulated for a single-family, two-family, or three-family dwelling. Under the old law, if a single structure was designed to be occupied by one, two, or three families, the structure's sewage system (often a septic tank) was regulated by the local health district. Any other type of structure was to be regulated by the Ohio EPA. Unfortunately, the health districts did not enforce the rules in a uniform way, and depending on the type of structure, there were often questions regarding whether the matter should be permitted and regulated by the health district or by Ohio EPA.

The bill expanded the health district's jurisdiction to also now regulate any "small flow on-site sewage system" that (1) treats not more than 1,000 gallons of sewage per day and (2) does not require a National Pollutant Discharge Elimination System permit or an injection well drilling or operating permit. The law gives the Public Health Council the authority to adopt statewide rules that all local health districts must follow in order to regulate both "household sewage treatment systems" as well as "small flow on-site sewage systems." The standards must include: (1) soil absorption specifications and maintenance requirements; (2) schedules of inspection; (3) procedures for the issuance of installation permits for the construction of new systems; and (4) operation permits for the operations of existing systems. The Rules must also prescribe standards for siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems. The local board of health may comment on the rules prior to their implementation. Further, if the local board of health chooses, it may pass more stringent standards, so long as the local health department notifies the director of the Ohio Department of Health.

Each board of health must register sewage treatment system installers, service providers, and septage haulers in their area. The board must also establish minimum criteria for a demonstration of competency in order to register such individuals. The board must prescribe requirements for the collection, transportation, disposal, and land application of domestic sewage from a sewage treatment system. The law encourages both health departments and manufacturers to make a copy of the operation and maintenance instructions available to owners and operators of such systems, and to post such instructions on the health department and manufacturer's computer internet website.

The law permits the local board of health to establish a fee for an installation permit for the purposes of performing its duties to inspect and regulate these sewage systems. The Public Health Council is also authorized to establish a fee, which shall be added to the fee collected by the local board of health from applicants. The law authorizes the Director of the Ohio Department of Health to "survey" each city and general health district at least once every three years to determine whether the local health district is in substantial compliance with enforcing the appropriate regulations. The law gives local health boards the power to issue, modify, suspend, or revoke enforcement orders to a registration or permit holder, as well as issue emergency orders necessary to any public health emergency regarding domestic septage management. The law also gives the prosecuting attorney of the county or the city law director, village solicitor, or other chief legal officer of the municipal corporation the power to prosecute an action for injunction against any person who has violated any law, rule, or sewage treatment regulation. The maximum fine for any such violation is $1,000 per day.

Not later than January 1, 2006, the Director of the Ohio Department of Commerce must revise the Residential Real Estate Seller's Disclosure form to include a statement that information on the operation and maintenance of the type of sewage treatment system serving the property is available from the Ohio Department of Health or board of health of the health district in which the property is located.