Prevent, Promote, and Protect your Health with the Lake County General Health District
(440) 350-2543
5966 Heisley Rd
Mentor, Ohio 44060

Ohio HSTS Draft Rules – Review & Comment

Sewage Treatment System
Regulatory Update 2013 & Rule Review & Comment Process

The state sewage law Ohio Revised Code 3718 (effective July of 2010) provides a basic framework for the development and implementation of sewage treatment system rules. Some of the major provisions of the law are as follows:

? Definitions (with additions & changes)
? Continue to regulate Small Flows on-site under 1000gpd
? Compliance & Authority to enforce rules, penalties
? Portion of permit fee to ODH – $25
? Requirements to charge 25% late fee for registrations & permits
? All registrations for installers, service providers and septage haulers are due by January 1st of each year
? New definitions for bedrock, gray water recycling, infiltrative surface, soil, vertical separation distance, water table & inspection
? New definition for public health nuisance: physical and odorous conditions and either a dye test inspection or two samples collected for fecal coliform or E. coli
? Existing systems operating prior to effective date are approved if system is not creating a public health nuisance
? Continue the state Technical Advisory Committee
? Board of Health to ensure that sewage systems do not create a nuisance (designs)
? Allowance of incremental repairs (when practical).
? Continue the MOU with Ohio EPA for Household NPDES permits (new permit March 2012), allows upgrade of existing discharging systems to meet NPDES criteria where feasible
? Establishment of Sewage System Appeals Board as option in addition to filing suit in Common Pleas Court
? 3 Members of Appeals Board: one appointed by probate judge, one from ODH, one appointed by LCGHD (not from LCGHD)
? Decisions rendered by Board are final and not appealable
? An application that is accepted by the Board of Health (approved site plans) prior to January 1, 2012 is valid for 3 years from date of approval.
? Installation permit issued by the Board of Health prior to January 1, 2012 is valid until January 1, 2013.
? ODH formed a sewage rule advisory (RAC) committee with representation from the following interested parties:
? Assoc. Of Ohio Health Commissioners (5)
? Ohio Environmental Health Assoc. (5)
? Local Health Departments at large (5)
? Ohio On-site Wastewater Assoc. (5)
? Industry
? Soil consultants
? Ohio Home Builders Assoc.
? Academia
? Designers
? Professional Engineers
? Ohio Waste Haulers
? Ohio Farm Bureau
? Ohio Township Association
? Ohio Environmental Council
? Ohio Manufactured Homes Association
? Ohio Realtors Association
? Monthly “live” meetings and conference calls (10-28-10 to 4-26-12)
? Share point web site created by ODH for anyone to participate
? Rule meeting agenda: selected topics, discussion of concepts and possible language for rules
? Rules cannot be adopted until after January 2012, until new rules, we use current Lake County rules with changes from the Law in effect as of 9-17-10
? First draft of ODH sewage treatment system rules December 2012
? Anticipated follow up meeting with sewage RAC to review draft for conceptual agreement and comments
? First draft of rules were out for public comment for 60 days, period ending March 1, 2013
? Second draft of rules will go out for public comment for 30days once completed
? Rules must address these topics:
? BOH to approve or disapprove the installation, operation or alteration of a system
? BOH to conduct site evaluation process
? Prescribe standards for the siting, design, installation, operation, monitoring, maintenance and abandonment of sewage treatment systems
? Vertical separation distance based on low& moderate/high risk settings (risk of inadequate treatment or dispersal in the soil)
? Use of soil depth credits
? Standards for engineered drains (based on drain mod)
? Operation & maintenance requirements (local flexibility)
? Statewide bonding for installers, service providers & septage haulers
? Consider the economic impact of system options

To view the draft rules and provide comments to the Ohio Department of Health (ODH) view the link below