HB 692

As Passed by the House
136th General Assembly
    Regular Session  Sub. H. B. No. 692
        2025-2026
  Representatives Pizzulli, John
Cosponsors: Representatives Deeter, Salvo, Robb Blasdel, Young, Williams, Bird,
 Thomas, D., Hall, T., Daniels, Fischer, Moore, Ritter, Schmidt, Stewart, Brennan,
   Dovilla, Gross, Hiner, Lorenz, Mathews, A., Mathews, T., McClain, Miller, K.,
  Peterson, Sigrist, Stephens
  To amend sections 3701.83, 3718.02, 3718.021,  1
  3718.03, 3718.06, 3718.11, 6111.44, and 6111.441  2
  of the Revised Code to make changes to the law  3
  governing household sewage treatment systems.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 3701.83, 3718.02, 3718.021,  5
3718.03, 3718.06, 3718.11, 6111.44, and 6111.441 of the Revised  6
Code be amended to read as follows:  7
      Sec. 3701.83. There is hereby created in the state  8
treasury the general operations fund. Moneys in the fund shall  9
be used for the purposes specified in sections 3701.04,  10
3701.344, 3711.16, 3717.45, 3718.02, 3718.06, 3721.02, 3721.022,  11
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,  12
3749.04, 3749.07, 3776.08, and 4769.09 of the Revised Code.  13
      Sec. 3718.02. (A) The Subject to division (C) of this  14
section, the director of health, in accordance with Chapter 119.  15
of the Revised Code, shall adopt, and subsequently may amend and  16
rescind, rules of general application throughout the state to  17
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As Passed by the House
administer this chapter. Rules adopted under division (A) of  18
this section shall do at least all of the following:  19
       (1) Require that the appropriate board of health approve  20
or disapprove the installation, operation, and alteration of a  21
sewage treatment system if it is not connected to a sanitary  22
sewerage system;  23
       (2)(2)(a) Require a board of health, or other person as  24
established by rule, to conduct a site evaluation for any  25
proposed installation of a sewage treatment system;, which shall  26
include a soil evaluation for any sewage treatment system used  27
as the primary system on a property.  28
       (b) Except as provided in division (A)(2)(c) of this  29
section, the rules shall not require a soil evaluation for a  30
replacement area or a newly created lot. If a soil evaluation is  31
not conducted, a board of health may provide a notification  32
statement to the applicable property owner, in accordance with  33
division (D) of this section, stating a soil evaluation was not  34
conducted during the review of the newly created lot.  35
       (c) The rules may authorize a board of health to conduct a  36
soil evaluation on a newly created lot when limitations exist at  37
the location that may prevent a sewage treatment system from  38
being installed on the lot.  39
       (d) The rules shall require a developer or property owner  40
of a newly created lot to provide a written notice to any  41
prospective purchaser of that lot stating that a soil evaluation  42
was not conducted and that soil conditions may limit or prevent  43
the installation of a sewage treatment system on that lot if  44
either of the following apply:  45
       (i) The local board of health determined that a soil  46
Sub. H. B. No. 692  Page 3
As Passed by the House
evaluation was not required for that lot.  47
       (ii) The local board of health was not notified when the  48
lot was split or created.  49
       (e) The rules shall authorize a board of health to require  50
a soil evaluation if a household sewage treatment system is  51
proposed to be installed in a disturbed area that lacks any in-  52
situ soil in order to determine if a household sewage treatment  53
system can be installed in the area.  54
       (f) The rules shall require the director of health to  55
provide annual soil evaluation training for local health  56
departments. Such training may be conducted electronically.  57
       (3) Prescribe standards for the siting, design,  58
installation, operation, monitoring, maintenance, and  59
abandonment of sewage treatment systems that may be used in this  60
state and for the progressive or incremental alteration or  61
repair of an existing sewage treatment system or the progressive  62
or incremental installation of a new system to replace an  63
existing sewage treatment system. The rules shall be adopted so  64
as to establish a preference for the repair of an existing  65
sewage treatment system, when technically and economically  66
feasible, rather than its replacement with a new system. The  67
standards shall include at a minimum all of the following:  68
       (a) Soil absorption specifications and vertical separation  69
distances.  70
       (i) Soil absorption specifications established in rules  71
shall include standards regarding the sizing of sewage treatment  72
systems in use in the state.  73
       (ii) In establishing soil absorption specifications and  74
vertical separation distances, the rules shall identify those  75
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As Passed by the House
soil conditions that present a low or moderate risk of  76
inadequate treatment or dispersal of sewage from sewage  77
treatment systems. For low and moderate risk conditions, the  78
required vertical separation distance shall not exceed eighteen  79
inches except as authorized pursuant to rules adopted under  80
divisions (A)(3)(a)(iii) and (iv) of this section.  81
       In addition, the rules shall identify those soil  82
conditions that present a high risk of inadequate treatment or  83
dispersal of sewage. For such high risk conditions, the vertical  84
separation distance shall be set at a depth from twenty-four to  85
thirty-six inches and shall not be lowered unless a reduction of  86
vertical separation is granted in accordance with rules adopted  87
under division (A)(3)(a)(iii) of this section.  88
       (iii) The rules shall establish options to be utilized by  89
a board of health when approving the reductions of or compliance  90
with vertical separation distances that are established in rules  91
adopted under division (A)(3)(a)(ii) of this section. The  92
options for a board of health in providing such approval shall  93
include, but not be limited to: the use where deemed appropriate  94
for a particular site of subsurface interceptor drains,  95
perimeter drains, or engineered drainage; pretreatment of  96
sewage; or soil elevation.  97
       (iv) The rules shall provide that a board of health may  98
petition the director to increase the vertical separation  99
distances required for sewage treatment systems in the  100
applicable health district or a portion of the district when  101
conditions present a high risk of inadequate treatment or  102
dispersal of sewage. The rules also shall provide that the  103
director may approve such a request upon a demonstration by the  104
board of health that unusual or unique local conditions relating  105
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As Passed by the House
to terrain, bedrock, water table, soil fragments, or soil  106
textures require the establishment of greater vertical  107
separation distances within the jurisdiction of the board of  108
health or a portion thereof. If, under the rules, the director  109
of health approves a greater vertical separation distance, a  110
board of health still may approve a reduction of that vertical  111
separation distance for an individual sewage treatment system  112
pursuant to rules adopted under division (A)(3)(a)(iii) of this  113
section. Further, if, under the rules, the director approves a  114
greater vertical separation distance, a person who is denied  115
permission by a board of health to install or replace a sewage  116
treatment system as a result of the director's approval may  117
request a hearing in accordance with section 3718.11 of the  118
Revised Code.  119
       (b) Specifications for the quality of treated sewage  120
effluent from household sewage treatment systems that is applied  121
to soil on the property where a household sewage treatment  122
system is located. The specifications established in the rules  123
for the quality of effluent from discharging systems shall  124
comply with discharge requirements imposed by the national  125
pollutant discharge elimination system permit program  126
established under section 6111.03 of the Revised Code and rules  127
adopted under it.  128
       (c) Requirements for the reasonable maintenance of a  129
system according to maintenance requirements approved by the  130
director of health as recommended by the sewage treatment system  131
technical advisory committee or according to accepted standards  132
and practices established in rules, as applicable. The  133
requirements may include standards for service contracts or  134
other arrangements that assure regular maintenance and upkeep of  135
the system. In determining the reasonableness of a maintenance  136
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As Passed by the House
requirement, the director shall consider a manufacturer's  137
maintenance requirements as well as all other maintenance  138
alternatives.  139
       (4) Prescribe procedures for notification to boards of  140
health of the approval of a sewage treatment system or  141
components of a system by the director of health under section  142
3718.04 of the Revised Code;  143
       (5) Prescribe criteria and procedures under which boards  144
of health shall issue installation permits, operation permits,  145
and alteration permits for sewage treatment systems. The rules  146
shall require as a condition of an installation permit that the  147
installer of a system must warrant that the system was installed  148
in accordance with all applicable rules and design requirements.  149
In addition, the rules shall require a board of health, not  150
later than sixty days after the issuance of an installation,  151
operation, or alteration permit, to notify the director that the  152
permit was issued. The rules shall require the notification to  153
be in a format prescribed by the director and to include  154
information related to the issuance of the permit. With the  155
assistance of the department of health, a board of health, to  156
the extent practicable, shall computerize the process of the  157
issuance of permits for sewage treatment systems.  158
       (6) Require a board of health to inspect conduct an  159
educational assessment of a sewage treatment system not later  160
than twelve months after its installation to ensure that the  161
system is operating properly. The rules shall require a board of  162
health, not later than sixty days after the inspection, to  163
certify to the director on a form provided by the director that  164
the inspection was performedassessment may be scheduled with the  165
owner of the sewage treatment system.  166
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As Passed by the House
       (7) Require Authorize each board of health to develop a  167
program for the administration of maintenance requirements  168
established in rules adopted under division (A)(3)(c) of this  169
section. The rules shall include requirements and procedures  170
under which a person property owner may demonstrate the required  171
maintenance of a system in lieu of having an inspection  172
conducted when an inspection otherwise is required. The rules  173
shall require a board of health to provide written notice to a  174
person property owner that is demonstrating maintenance of a  175
system in lieu of an inspection that if proof of the required  176
maintenance of the system is not provided as required by rules,  177
the system is subject to inspection by the board and the  178
reasonable cost of the inspection must be paid by the person  179
property owner. The rules shall authorize a board of health to  180
inspect any sewage treatment system if there is a good-faith  181
complaint regarding the system, there is probable cause for the  182
inspection, or proof of the required maintenance of the system  183
has not been provided as required by rules. A property owner  184
providing proof of the required maintenance of the system does  185
not preclude the board of health from conducting compliance  186
inspections for the purpose of oversight of such maintenance or  187
from requiring the payment of an operation permit fee. In  188
addition, the rules shall authorize a board of health to inspect  189
a sewage treatment system without prior notice in any instance  190
in which the board has probable cause to believe that the system  191
is endangering or threatening to endanger public health. The  192
rules shall require that the reasonable costs for sewage  193
effluent testing or evaluation be paid by the owner of a sewage  194
treatment system that is being investigated. Further, the rules  195
shall establish a methodology for determining the reasonable  196
costs of an inspection in accordance with section 3709.09 of the  197
Revised Code. The rules shall allow, but shall not require, a  198
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As Passed by the House
board of health to continue an inspection program that was  199
established by the board prior to the effective date of the  200
rules, provided that the program authorizes a person to  201
demonstrate the required maintenance of a system in lieu of an  202
inspection.  203
       (8) Require a board of health the department of health to  204
register do all of the following:  205
       (a) Register installers, service providers, and septage  206
haulers that perform work within the health districtstate;  207
prescribe criteria and procedures for the registration; and  208
prescribe criteria for a demonstration of competency as a part  209
of the  210
       (b) Require each installer, service provider, and septage  211
hauler to submit an application for registration before the  212
first day of January of each year, unless such application is  213
for initial registration;  214
       (c) Establish a timeline for when an applicant for initial  215
registration is registered for the subsequent registration  216
period. The  217
       The rules shall establish uniform statewide bonding  218
requirements or other financial security requirements for  219
installers, service providers, and septage haulers as a  220
condition of registration within any health district. The rules  221
shall establish a methodology by which the required amount of a  222
bond or other security may be calculated for each installer,  223
service provider, and septage hauler. The methodology, at a  224
minimum, shall consider the number of systems installed or  225
serviced and the type of system installed or serviced by an  226
installer, service provider, or septage hauler on an annual  227
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As Passed by the House
basis. The rules shall provide that no board of health shall  228
require an additional or different bond or security requirement  229
as a condition of registration beyond the bonding and security  230
requirements established in the rules adopted under division (A)  231
(8) of this section.  232
       The rules shall establish a cost methodology for  233
determining the fee for the annual registration and a prorated  234
fee for the initial registration of an installer, service  235
provider, or septage hauler in any health districtthe state and  236
allow for the collection and deposit of the fees in the general  237
operations fund created under section 3701.83 of the Revised  238
Code. The director of health shall ensure that not less than  239
seventy-five per cent of the proceeds from those fees are used  240
for the benefit and support of the boards of health. The  241
proceeds distributed to the boards of health shall be  242
distributed in accordance with the same subsidy formula adopted  243
by the director under section 3701.342 of the Revised Code.  244
       (9) Prescribe requirements for the collection,  245
transportation, disposal, and land application of domestic  246
septage in this state from a sewage treatment system;  247
       (10) Require boards of health to maintain records that are  248
determined necessary to ascertain compliance with this chapter  249
and the rules adopted under it;  250
       (11) Require the manufacturer of a sewage treatment system  251
that is authorized for use in this state in rules adopted under  252
this section or that is approved for use in this state under  253
section 3718.04 of the Revised Code to provide instructions for  254
the operation and maintenance of the system. The rules shall  255
provide that a board of health may require a copy of a  256
manufacturer's instructions for the operation and maintenance of  257
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As Passed by the House
a system to be filed with the board prior to the installation  258
and use of the system in the health district in which the board  259
has jurisdiction. In addition, the rules shall require a board  260
of health and a manufacturer to provide a copy of the operation  261
and maintenance instructions, if available, when a board of  262
health or a manufacturer receives a written request for  263
instructions.  264
       (12)(11) Prescribe criteria for the provision of written  265
evidence of compliance with rules pertaining to sewage treatment  266
for purposes of sections 711.05 and 711.10 of the Revised Code;  267
       (13)(12) Pursuant to divisions (A)(1) and (3) of this  268
section, prescribe standards for the siting, design,  269
installation, operation, monitoring, maintenance, and  270
abandonment of small flow on-site sewage treatment systems that  271
may be used in this state;  272
       (14)(13) Prescribe minimum criteria and procedures under  273
which boards of health may establish household sewage treatment  274
district management programs for the purpose of providing a  275
responsive approach toward preventing or solving sewage  276
treatment problems resulting from household sewage treatment  277
systems within the districts established under the program. For  278
purposes of division (A)(14)(A)(13) of this section, a board of  279
health may enter into a contract with any entity to administer a  280
household sewage treatment district management program.  281
       (15)(14) Prescribe standards for the use of subsurface  282
interceptor drains, perimeter drains, and engineered drainage to  283
remove or divert any subsurface water from an area to be used  284
for soil absorption of sewage in the soil of a sewage treatment  285
system;  286
Sub. H. B. No. 692  Page 11
As Passed by the House
       (16)(15) Prescribe standards for the inspection of septage  287
hauling truck tanks by boards of health, including, but not  288
limited to, tank seal safety specifications;  289
       (17)(16) Establish standards and testing methods to ensure  290
that all septic tanks, other disposal component tanks, dosing  291
tanks, pump vaults, household sewage treatment disposal system  292
holding tanks and privy vaults, or other applicable sewage  293
disposal system components manufactured after September 17,  294
2010, and used in this state are watertight and structurally  295
sound;  296
       (18)(17) Require a board of health to give notice and an  297
opportunity for a hearing, pursuant to section 3718.11 of the  298
Revised Code, to an affected property owner regarding any of the  299
following:  300
       (a) The denial of an installation, operation, or  301
alteration permit for a sewage treatment system;  302
       (b) The imposition of a condition on the installation of a  303
sewage treatment system;  304
       (c) The required replacement of a sewage treatment system;  305
       (d) Any other final order or decision of a board of health  306
that is made under this chapter concerning which a property  307
owner is claiming to be aggrieved or adversely affected.  308
       The rules also shall establish procedures for giving such  309
notice and for conducting the hearing required in rules adopted  310
under division (A)(18)(A)(17) of this section.  311
       (19)(18) Prescribe standards for the regulation of gray  312
water recycling systems;  313
       (20)(19) Prohibit a sewage treatment system from causing a  314
Sub. H. B. No. 692  Page 12
As Passed by the House
public health nuisance;  315
       (21)(20) Define economic impact for purposes of division  316
(B) of this section and section 3718.022 of the Revised Code.  317
       The director may adopt other rules under division (A) of  318
this section that the director determines are necessary to  319
implement this chapter and to protect the public health and  320
welfare.  321
       At least sixty days prior to adopting a rule under  322
division (A) of this section, the director shall provide boards  323
of health and any other interested parties an opportunity to  324
comment on the rule.  325
       (B)(1) In accordance with section 3709.20 or 3709.21 of  326
the Revised Code, as applicable, and subject to review by and  327
approval of the director under division (C) of section 3718.05  328
of the Revised Code, a board of health may adopt rules necessary  329
for the public health providing for more stringent standards  330
than those established in rules adopted by the director under  331
division (A) of this section. In proposing or adopting the  332
rules, a board of health shall consider and document the  333
economic impact of the rules on property owners within the  334
applicable health district.  335
       (2) A board that intends to adopt rules shall notify the  336
department of health of the proposed rules and submit a copy of  337
the proposed rules and the documentation of the economic impact  338
of the rules at least ninety days prior to the proposed date of  339
adoption. The director shall approve or disapprove any such  340
proposed rule within ninety days after receiving a copy of the  341
proposed rule from the board of health.  342
       (3) In reviewing a proposed rule, the director shall  343
Sub. H. B. No. 692  Page 13
As Passed by the House
approve the rule if all of the following apply:  344
       (a) The proposed rule is not in conflict with this chapter  345
or rules adopted under it.  346
       (b) The proposed rule is authorized by division (B) of  347
this section.  348
       (c) The proposed rule is no less stringent than rules  349
adopted by the director.  350
       (d) Unless otherwise authorized by this chapter or rules  351
adopted under it, the proposed rule does not require design  352
changes to a sewage treatment system, or component thereof, that  353
differ from a design authorized in rules adopted under division  354
(A) of this section, including rules adopted under division (A)  355
(1) or (A)(3)(a)(iii) or (iv) of this section, or approved by  356
the director under section 3718.04 of the Revised Code.  357
       (e) The proposed rule does not require operation or  358
maintenance procedures for a sewage treatment system that  359
conflict with operation or maintenance procedures authorized in  360
rules adopted under division (A) of this section, including  361
rules adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of  362
this section, or approved by the director under section 3718.04  363
of the Revised Code.  364
       (4) If a board of health fails to submit a proposed rule  365
to the director or fails to demonstrate that the board has  366
considered the economic impact of the proposed rule, the rule  367
shall have no force or effect and is not enforceable.  368
       (C)(1) Notwithstanding any provision of law or rules to  369
the contrary, no board of health shall prohibit the installation  370
of a sewage treatment system on a slope so long as the sewage  371
treatment system meets the design criteria prescribed in the  372
Sub. H. B. No. 692  Page 14
As Passed by the House
rules and the installation does not pose a risk to contractor  373
safety.  374
       (2)(a) Except as provided in divisions (C)(2)(b) and (c)  375
of this section, a board of health shall not require a permit if  376
a sewage treatment system is repaired and the repair entails  377
replacing components of the system with the same component or a  378
component similar to the original component.  379
       (b) A board of health shall require a permit for the  380
replacement of a septic tank or aeration treatment unit tank.  381
However, the board of health shall not require the existing  382
system to be upgraded, provided that the replacement tank is one  383
of the same type and design capacity as the original system and  384
is approved for use under applicable state standards.  385
       (c) A board of health shall require a permit if the soil  386
absorption component of a sewage treatment system is being  387
altered or replaced.  388
       (D) If a soil evaluation is not conducted in accordance  389
with division (A)(2)(b) of this section, a board of health may  390
provide a notification statement to the applicable property  391
owner stating a soil evaluation was not conducted during the  392
review of the newly created lots. The board of health, in  393
consultation with the association of Ohio health commissioners  394
and the Ohio environmental health association, may create the  395
notification statement and determine when issuance of the  396
statement is appropriate.  397
       Sec. 3718.021. (A) A board of health may regulate the  398
siting, design, installation, operation, monitoring,  399
maintenance, and abandonment of small flow on-site sewage  400
treatment systems in accordance with rules adopted by the  401
Sub. H. B. No. 692  Page 15
As Passed by the House
director of health under division (A)(13)(A)(12) of section  402
3718.02 of the Revised Code. If a board of health chooses to  403
regulate small flow on-site sewage treatment systems, the board  404
first shall send written notification to the director of health  405
and the director of environmental protection.  406
       (B) If a board of health chooses to regulate small flow  407
on-site sewage treatment systems under division (A) of this  408
section and later determines that it no longer wants to regulate  409
those systems, the board shall notify the director of health and  410
the director of environmental protection. Upon the receipt of  411
the notification by the director of environmental protection,  412
the board of health shall cease regulating small flow on-site  413
sewage treatment systems, and the environmental protection  414
agency shall regulate those systems.  415
       (C) If after a survey conducted under section 3718.07 of  416
the Revised Code the director of health finds that a board of  417
health that has chosen to regulate small flow on-site sewage  418
treatment systems is not complying with the rules adopted under  419
division (A)(13)(A)(12) of section 3718.02 of the Revised Code,  420
the director shall notify the director of environmental  421
protection and the board of health. Upon receipt of the  422
notification, the board shall cease regulating small flow on-  423
site sewage treatment systems, and the environmental protection  424
agency shall regulate those systems.  425
       Sec. 3718.03. (A) There is hereby created the sewage  426
treatment system technical advisory committee consisting of the  427
director of health or the director's designee and thirteen  428
members who are knowledgeable about sewage treatment systems and  429
technologies. The director or the director's designee shall  430
serve as committee secretary and may vote on actions taken by  431
Sub. H. B. No. 692  Page 16
As Passed by the House
the committee. Of the thirteen members, five shall be appointed  432
by the governor, four shall be appointed by the president of the  433
senate, and four shall be appointed by the speaker of the house  434
of representatives.  435
       (1) Of the members appointed by the governor, one shall  436
represent academia and shall be active in teaching or research  437
in the area of on-site wastewater treatment, one shall be a  438
representative of the public who is not employed by the state or  439
any of its political subdivisions and who does not have a  440
pecuniary interest in sewage treatment systems, one shall be a  441
registered professional engineer employed by the environmental  442
protection agency, one shall be selected from among soil  443
scientists in the division of soil and water conservation in the  444
department of agriculture, and one shall be a representative of  445
a statewide organization representing townships.  446
       (2) Of the members appointed by the president of the  447
senate, one shall be a health commissioner who is a member of  448
and recommended by the association of Ohio health commissioners,  449
one shall represent the interests of manufacturers of sewage  450
treatment systems, one shall represent installers and service  451
providers, and one shall be a person with demonstrated  452
experience in the design of sewage treatment systems.  453
       (3) Of the members appointed by the speaker of the house  454
of representatives, one shall be a health commissioner who is a  455
member of and recommended by the association of Ohio health  456
commissioners, one shall represent the interests of  457
manufacturers of sewage treatment systems, one shall be an  458
environmental health specialist who is registered under Chapter  459
3776. of the Revised Code and who is a member of the Ohio  460
environmental health association, and one shall be a registered  461
Sub. H. B. No. 692  Page 17
As Passed by the House
professional engineer with experience in sewage treatment  462
systems.  463
       (B) Terms of members appointed to the committee shall be  464
for three years, with each term ending on the same day of the  465
same month as did the term that it succeeds. Each member shall  466
serve from the date of appointment until the end of the term for  467
which the member was appointed.  468
       Members may be reappointed. Vacancies shall be filled in  469
the same manner as provided for original appointments. Any  470
member appointed to fill a vacancy occurring prior to the  471
expiration date of the term for which the member was appointed  472
shall hold office for the remainder of that term. A member shall  473
continue to serve after the expiration date of the member's term  474
until the member's successor is appointed or until a period of  475
sixty days has elapsed, whichever occurs first. The applicable  476
appointing authority may remove a member from the committee for  477
failure to attend two consecutive meetings without showing good  478
cause for the absences.  479
       (C) The technical advisory committee annually shall select  480
from among its members a chairperson and a vice-chairperson. The  481
secretary shall keep a record of its proceedings. A majority  482
vote of the members of the full committee is necessary to take  483
action on any matter. The committee may adopt bylaws governing  484
its operation, including bylaws that establish the frequency of  485
meetings.  486
       (D) Serving as a member of the sewage treatment system  487
technical advisory committee does not constitute holding a  488
public office or position of employment under the laws of this  489
state and does not constitute grounds for removal of public  490
officers or employees from their offices or positions of  491
Sub. H. B. No. 692  Page 18
As Passed by the House
employment. Members of the committee shall serve without  492
compensation for attending committee meetings.  493
        (E) A member of the committee shall not have a conflict of  494
interest with the position. For the purposes of this division,  495
"conflict of interest" means the taking of any action that  496
violates any provision of Chapter 102. or 2921. of the Revised  497
Code.  498
        (F) The sewage treatment system technical advisory  499
committee shall do all of the following:  500
        (1) Develop with the department of health standards,  501
guidelines, and protocols for approving or disapproving a sewage  502
treatment system or components of a system under section 3718.04  503
of the Revised Code. Any guideline requiring the submission of  504
scientific information or testing data shall specify, in  505
writing, the protocol and format to be used in submitting the  506
information or data.  507
        (2) Develop with the department an application form to be  508
submitted to the director by an applicant for approval or  509
disapproval of a sewage treatment system or components of a  510
system and specify the information that must be included with an  511
application form;  512
        (3) Make recommendations to the director regarding the  513
approval or disapproval of an application sent to the director  514
under section 3718.04 of the Revised Code requesting approval of  515
a sewage treatment system or components of a system;  516
        (4) Pursue and recruit in an active manner the research,  517
development, introduction, and timely approval of innovative and  518
cost-effective sewage treatment systems and components of a  519
system for use in this state, which shall include conducting  520
Sub. H. B. No. 692  Page 19
As Passed by the House
pilot projects to assess the effectiveness of a system or  521
components of a system.  522
       (G) The chairperson of the committee shall prepare and  523
submit an annual report concerning the activities of the  524
committee to the general assembly not later than ninety days  525
after the end of the calendar year. The report shall discuss the  526
number of applications submitted under section 3718.04 of the  527
Revised Code for the approval of a new sewage treatment system  528
or a component of a system, the number of such systems and  529
components that were approved, any information that the  530
committee considers beneficial to the general assembly, and any  531
other information that the chairperson determines is beneficial  532
to the general assembly. If other members of the committee  533
determine that certain information should be included in the  534
report, they shall submit the information to the chairperson not  535
later than thirty days after the end of the calendar year.  536
       (H) The department shall provide meeting space for the  537
committee. The committee shall be assisted in its duties by the  538
staff of the department.  539
       (I) Sections 101.82 to 101.87 of the Revised Code do not  540
apply to the sewage treatment system technical advisory  541
committee.  542
       Sec. 3718.06. (A) A (A)(1) Except as prohibited under  543
division (A)(2) of this section, a board of health shall  544
establish fees in accordance with section 3709.09 of the Revised  545
Code for the purpose of carrying out its duties under this  546
chapter and rules adopted under it, including fees for  547
installation permits, operation permits, and alteration permits  548
issued by the board. All fees so established and collected by  549
the board shall be deposited in a special fund of the district  550
Sub. H. B. No. 692  Page 20
As Passed by the House
to be used exclusively by the board in carrying out those  551
duties.  552
       (2) A board of health shall not charge a fee under  553
division (A)(1) of this section unless the board conducts a  554
service for the purposes of this chapter and the rules adopted  555
under it.  556
       (B) In accordance with Chapter 119. of the Revised Code,  557
the director of health may establish by rule a fee to be  558
collected from applicants for installation permits and  559
alteration permits issued under rules adopted under this  560
chapter. The director of health shall use not more than ninety  561
per cent of the proceeds from that fee for administering and  562
enforcing this chapter and the rules adopted under it by the  563
director. The director shall use not less than ten per cent of  564
the proceeds from that fee to establish a program in cooperation  565
with boards of health to fund installation and evaluation of  566
sewage treatment system new technology pilot projects through  567
grants or other agreements. In the selection of pilot projects,  568
the director shall consult with the sewage treatment system  569
technical advisory committee. A board of health shall collect  570
and transmit the fee to the director pursuant to section  571
3709.092 of the Revised Code.  572
       Sec. 3718.11. (A) A property owner may request a hearing  573
with the board of health for any reason described in division  574
(A)(18)(A)(17) of section 3718.02 of the Revised Code. A  575
property owner may appeal the results of the hearing to either  576
of the following:  577
       (1) The court of common pleas of the county in which the  578
property owner's land is located;  579
Sub. H. B. No. 692  Page 21
As Passed by the House
       (2) A sewage treatment system appeals board that is  580
established in accordance with this section.  581
       (B) A property owner that wishes to appeal to a sewage  582
treatment system appeals board shall file the appeal with the  583
board of health within whose jurisdiction the property owner's  584
land is located. Upon receipt of a filing, the board of health  585
shall send the filing of the appeal to the chairperson of the  586
sewage treatment system appeals board for the county in which  587
the board of health has jurisdiction.  588
       (C)(1) Not later than ninety days after the effective date  589
of this section September 17, 2010, a sewage treatment system  590
appeals board shall be appointed for each county as follows:  591
       (a) One member shall be appointed by the health  592
commissioner of the general health district having jurisdiction  593
in the county.  594
       (b) One member shall be appointed by the judge of the  595
probate court of the county having the longest continuous  596
service as a judge of the probate court.  597
       (c) One member shall be appointed by the director of  598
health.  599
       (2) Terms of appointment to a sewage treatment system  600
appeals board shall be for two years. Members may be  601
reappointed. Vacancies shall be filled in the same manner as  602
provided for original appointments. Any member appointed to fill  603
a vacancy occurring prior to the expiration of the term for  604
which the member was appointed shall hold office for the  605
remainder of that term.  606
       (3) The person appointed by the judge of the probate court  607
shall serve as chairperson of the board. A majority vote of the  608
Sub. H. B. No. 692  Page 22
As Passed by the House
members of the board is necessary to take action on any matter.  609
The chairperson of the board shall designate the time and  610
location for a hearing before the board. Members of the board  611
shall serve without compensation.  612
       (4) A board of health shall send an appeal that has been  613
filed with the board of health under division (B) of this  614
section to the sewage treatment system appeals board immediately  615
after the appeal has been filed. Not later than forty-five days  616
after a hearing before a sewage treatment system appeals board,  617
the board shall issue a written decision concerning an appeal  618
before the board.  619
       (5) The judge of the probate court who made an appointment  620
to the board under this section shall establish due process  621
procedures to be used by the applicable sewage treatment system  622
appeals board appointed under this section for the purpose of  623
hearing appeals regarding orders and decisions of a board of  624
health. All appeals before the applicable sewage treatment  625
system appeals board shall be conducted in accordance with those  626
procedures. The procedures may include filing fees applicable to  627
appeals conducted by the sewage treatment system appeals board.  628
       (D) An appeal before a sewage treatment system appeals  629
board is final, and no further appeal may be taken.  630
       Sec. 6111.44. (A) Except as otherwise provided in division  631
(B) of this section, in section 6111.14 of the Revised Code, or  632
in rules adopted under division (G) of section 6111.03 of the  633
Revised Code, no municipal corporation, county, public  634
institution, corporation, or officer or employee thereof or  635
other person shall provide or install sewerage or treatment  636
works for sewage, sludge, or sludge materials disposal or  637
treatment or make a change in any sewerage or treatment works  638
Sub. H. B. No. 692  Page 23
As Passed by the House
until the plans therefor have been submitted to and approved by  639
the director of environmental protection. Sections 6111.44 to  640
6111.46 of the Revised Code apply to sewerage and treatment  641
works of a municipal corporation or part thereof, an  642
unincorporated community, a county sewer district, or other land  643
outside of a municipal corporation or any publicly or privately  644
owned building or group of buildings or place, used for the  645
assemblage, entertainment, recreation, education, correction,  646
hospitalization, housing, or employment of persons.  647
       In granting an approval, the director may stipulate  648
modifications, conditions, and rules that the public health and  649
prevention of pollution may require. Any action taken by the  650
director shall be a matter of public record and shall be entered  651
in the director's journal. Each period of thirty days that a  652
violation of this section continues, after a conviction for the  653
violation, constitutes a separate offense.  654
       (B) Sections 6111.45 and 6111.46 of the Revised Code and  655
division (A) of this section do not apply to any of the  656
following:  657
       (1) Sewerage or treatment works for sewage installed or to  658
be installed for the use of a private residence or dwelling;  659
       (2) Sewerage systems, treatment works, or disposal systems  660
for storm water from an animal feeding facility or manure, as  661
"animal feeding facility" and "manure" are defined in section  662
903.01 of the Revised Code;  663
       (3) Residual farm products and manure treatment or  664
disposal works and related management and conservation practices  665
that are subject to rules adopted under division (E)(1) of  666
section 939.02 of the Revised Code. As used in division (B)(3)  667
Sub. H. B. No. 692  Page 24
As Passed by the House
of this section, "residual farm products" and "manure" have the  668
same meanings as in section 939.01 of the Revised Code.  669
        (4) Sewerage or treatment works for the on-lot disposal or  670
treatment of sewage from a small flow on-site sewage treatment  671
system, as defined in section 3718.01 of the Revised Code, if  672
the board of health of a city or general health district has  673
notified the director of health and the director of  674
environmental protection under section 3718.021 of the Revised  675
Code that the board has chosen to regulate the system, provided  676
that the board remains in compliance with the rules adopted  677
under division (A)(13)(A)(12) of section 3718.02 of the Revised  678
Code.  679
        The exclusions established in divisions (B)(2) and (3) of  680
this section do not apply to the construction or installation of  681
disposal systems, as defined in section 6111.01 of the Revised  682
Code, that are located at an animal feeding facility and that  683
store, treat, or discharge wastewaters that do not include storm  684
water or manure or that discharge to a publicly owned treatment  685
works.  686
        Sec. 6111.441. In addition to the exemption established  687
under division (B)(4) of section 6111.44 of the Revised Code,  688
sewerage or treatment works for the on-lot disposal or treatment  689
of sewage from a small flow on-site sewage treatment system, as  690
defined in section 3718.01 of the Revised Code, concerning which  691
the board of health of a city or general health district has  692
notified the director of health and the director of  693
environmental protection under section 3718.021 of the Revised  694
Code that the board has chosen to regulate the system are exempt  695
from the administrative and permitting requirements established  696
in this chapter and rules adopted under it and the fees  697
Sub. H. B. No. 692  Page 25
As Passed by the House
established under section 3745.11 of the Revised Code, provided  698
that the board remains in compliance with the rules adopted  699
under division (A)(13)(A)(12) of section 3718.02 of the Revised  700
Code.  701
        Section 2. That existing sections 3701.83, 3718.02,  702
3718.021, 3718.03, 3718.06, 3718.11, 6111.44, and 6111.441 of  703
the Revised Code are hereby repealed.  704