Current through all regulations passed and filed through September 16, 2024
(A)
No person shall construct, alter or seal a private
water system, test well or part thereof, unless a valid permit for the system
has been issued by the board of health pursuant to this rule.
(1)
Any person
intending to construct a private water system, convert a well to a private
water system, alter a private water system or install a test well or component
thereof, shall, either in person or through a designated agent, make
application to the board of health for a permit. Permits may be completed in
person, sent by mail, or submitted by fax or electronically where the board of
health accepts electronic payment. Except as provided in paragraphs (A)(2) and
(J) of this rule, no work shall commence until a valid permit has been issued
and approved. Each application shall be accompanied by the appropriate permit
fee established under this chapter, all information required under this rule,
and the fee for at least one water sample for any private water system
alteration, conversion, or new construction permit. The applicant shall sign
the application form, and shall indicate the name of any registered contractor
intending to do the work, if known. An application becomes a permit upon
validation by the local health district.
(2)
Any person
intending to seal a well, or decommission any other type of private water
system that is not being sealed or decommissioned due to the replacement of an
existing well or other private water system, shall apply for a permit not later
than five business days after the well or other private water system has been
sealed or decommissioned.
(3)
If a plan is not required to be submitted under
paragraph (F) of this rule the board of health shall determine whether the
proposed construction, alteration, sealing, or decommissioning is in compliance
with the provisions of this chapter within ten business days of receipt of a
complete application and the appropriate fee. If a plan is required to be
submitted under paragraph (F) of this rule the board of health shall determine
whether the proposed work is in compliance with the provisions of this chapter
within fifteen business days of receipt of a complete application and the
appropriate fee.
(a)
Except for emergency work conducted under paragraph (J)
of this rule, the board of health shall work with the applicant and the private
water systems contractor to review the site conditions to ensure that all
isolation distances are met in accordance with rule
3701-28-07 of the Administrative
Code prior to the construction or alteration of the private water
system.
(b)
If the board of health determines that the proposed
construction, alteration, decommissioning, or sealing of a private water system
or test hole is in compliance with this chapter, the board of health shall
issue a permit to the applicant. If a registered contractor was not indicated
at the time of application, the applicant shall notify the board of health
prior to the commencement of work on the private water system of the name of
any registered contractor who intends to do the work.
(c)
If the board of
health determines that the proposed construction, alteration, decommissioning,
or sealing does not comply with this chapter, the board of health shall deny
the application. The applicant and the registered contractor, if known, shall
be notified of the denial in writing by the board of health.
(d)
Within thirty
days after the denial of an application to construct, alter, decommission, or
seal a private water system, the property owner or his designated agent shall
be provided with an opportunity to appeal the decision and a hearing shall be
provided if requested.
(B)
Each application
to construct a private water system shall contain information about the
location, design, construction, installation and development of the private
water system or installation of test holes. The application shall include a
site plan designating the location or area of the proposed or existing private
water system or test hole, and distances from roadways, road rights-of-way,
buildings, driveways, sewage treatment systems, sewers, existing or properly
sealed water supply wells, oil and gas wells, above ground or underground fuel
oil, liquid petroleum, chemical or gasoline storage tanks, streams, lakes,
ponds, ditches, leaching pits, privies, manure ponds, manure lagoons, manure
piles, lot lines, easements and any other information required by the
department or board of health.
(C)
Each application
for the alteration of a private water system shall contain all pertinent
information required by the department or board of health about the alteration
of the private water system.
(D)
Each application
for a permit to seal or decommission a private water system shall contain all
information required by the department or board of health about the sealing or
decommissioning of the private water system.
(1)
A person
intending to seal or decommission a private water system and construct a new
private water system on the same premises to replace the sealed or
decommissioned private water system shall only be required to obtain a
construction permit.
(2)
Only one sealing permit is required per property for
sealing or decommissioning multiple private water systems.
(E)
An
alteration permit can be converted into a new construction permit, if during
the commencement of an alteration it is determined by a registered contractor
or the board of health that the construction of a new water source will be
required.
(1)
A
contractor shall immediately notify the board of health of a request to change
the alteration permit into a new replacement private water system construction
permit and submit all necessary site plans and detailed plans, as required, for
new construction;
(2)
A contractor shall immediately cease work on the
private water system until the board of health has performed a site review and
approved the request to modify the permit; and
(3)
The board of
health shall collect the additional state portion of the fee and may collect
any difference in the amount between an alteration permit fee and a new
construction permit fee.
(F)
In addition to
the requirements of this rule,
(1)
An owner or their designated agent proposing to
construct, or alter a private water system that meets one of the following
criteria shall submit plans relating to the construction, work and equipment of
the water system to the board of health:
(a)
A private water
system servicing a building as defined in section
3781.06 of the Revised
Code;
(b)
A private water system servicing other than one- two-,
or three- family dwelling;
(c)
A private water
system that uses a cistern, spring or pond as a source of
water;
(d)
A well drilled in an area of known flowing well
conditions as designated by the department or by the board of health at the
time the initial permit application is reviewed;
(e)
A private water
system source that will be located within three hundred feet of a land
application area as defined in paragraph (EEE) of rule
3701-28-01 of the Administrative
Code;
(f)
The installation of a drive point well;
(g)
The installation
of a buried pressure tank;
(h)
The installation
of a gasoline powered pump and pressurization system;
(i)
The installation
of a continuous disinfection and/or filtration system;
(j)
The installation
of a point of entry water treatment system intended to remove or reduce a
contaminant to below a health based standard; or
(2)
When plans are
not submitted electronically the board of health may require the plans be
submitted in duplicate.
(G)
Plans required
under paragraph (F) of this rule shall:
(1)
For a
multi-family dwelling or building, include relevant information as to the
number of individuals to be served;
(2)
Be legible and
accurately drawn with a north directional arrow;
(3)
Include relevant
elevations for ponds and springs;
(4)
Show the
locations, layout, and type of all water system equipment, including but not
limited to any disinfection and filtration equipment and components required
for compliance with this chapter. Plans shall include the make and model of
devices, storage tank capacities, and any operation and maintenance
requirements;
(5)
Include a listing of all materials to be used in
construction, installation, or alteration of the water system;
(6)
For a drive point
well, include relevant information to document to the board of health what
geologic or site conditions exist at the property to preclude the use of or
access to the property by conventional drilling equipment and
methods;
(7)
Show the layout of the water distribution piping from
the source to the service connections; and
(8)
Include any other
information required by the department or board of health.
(H)
Any
modification or deviation from the approved permit site plan or additional
detailed plans including, but not limited to, a change in the type of system,
locations shown on the site plan, or changes in the location or the treatment
equipment shown on the detailed plans must be reported to the board of health
within three business days. The private water system's owner and contractor are
not guaranteed approval of the system by the local board of health when changes
are made to the approved permit site plan or additional detailed plans prior to
board of health review and approval of the changes.
(I)
The board of
health shall not approve any plan that does not conform to the requirements of
this chapter. No permit shall be issued until the plans have been approved by
the board of health.
(J)
When an emergency exists, work may be commenced on the
construction or alteration of a private water system prior to obtaining a
permit, provided the private water systems contractor notifies the board of
health the next business day by phone or e-mail, and a permit is applied for
within three business days after commencement of the construction or
alteration. The private water system's owner and contractor are not guaranteed
approval of the system by the board of health under emergency
construction.
(1)
For purposes of this rule "emergency" means that the
existing private water system fails to produce an adequate amount of potable
water which poses an immediate threat to health and safety and no alternative
potable water source exists, and the work will commence during non-business
hours of operation of the board of health, or prior to the end of the board of
health's ten business days to review the application.
(2)
Emergency
alteration or construction work shall not commence prior to application being
made during open business hours of the board of health.
(3)
Emergency
alteration or construction shall not occur at locations where there are
currently no existing or partially constructed structures, homes, or
buildings.
(4)
Except for a private water system servicing a
multi-family dwelling or building, emergency alteration or construction shall
not occur at locations which require additional plans in accordance with
paragraph (F) of this rule.
(K)
If a private
water system is constructed or altered as an emergency under this rule and it
is later determined by the board of health that no emergency existed as defined
in paragraph (J)(1) of this rule, the private water system contractor shall be
assessed the additional fee amount established in accordance with paragraph
(E)(17) of rule
3701-28-06 of the Administrative
Code.
(L)
A temporary hauled water storage tank may be installed
to address extreme situations such as construction dewatering, drought, or
flood conditions under a temporary hauled water storage tank permit issued from
the board of health and shall include the specified time restrictions for the
operation and dismantling of the temporary hauled water storage tank. If a
temporary hauled water storage tank is part of a permitted emergency
construction, replacement construction or alteration of a private water system,
a separate permit for the temporary hauled water storage tank shall not be
required. The application for the construction or alteration permit shall
contain the required information related to the temporary hauled water storage
tank.
(1)
Temporary plastic or fiberglass water storage tanks
constructed of approved materials that meets NSF 61-2016 and the specifications
of paragraph (A) of rule
3701-28-12 of the Administrative
Code may be installed above grade.
(2)
Temporary plastic
or fiberglass water storage tanks may be set at locations on a property that
may not meet all of the distance requirements specified in rule
3701-28-07 of the Administrative
Code, as allowed by the board of health.
(3)
Temporary hauled
water storage tanks that do not meet the minimum capacity specified in
paragraph (C) of rule
3701-28-12 of the Administrative
Code may be permitted.
(4)
A temporary hauled water tank shall not become a
permanent private water system and shall be removed at the time specified on
the installation permit. An additional alteration permit may be applied for to
retain the existing temporary hauled water storage tank for an additional
specified time period if the emergency conditions continue.
(M)
If a
permit has been issued for the construction of a well to be used for a new
private water system, and the first attempt to drill the well is unsuccessful,
then additional wells may be drilled within the area designated on the permit
or the drilling site without obtaining additional permits, provided the
original permit has not expired. The well sealing report or well log required
by section 1521.05 of the Revised Code for
each dry hole shall be filed with the Ohio department of natural resources,
division of geological survey and the board of health. A copy of the report or
log shall be provided to the private water system owner, and the registered
contractor who performed the sealing shall retain a copy.
(1)
All boreholes
left without casing, a properly grouted annular space and a vermin proof well
cap, all dry holes, and all test wells and test holes which are not to be
converted to private water systems or geothermal wells within ten days of
completion, shall be sealed in accordance with rule
3701-28-17 of the Administrative
Code.
(2)
If a dry hole, test well or test hole is going to be
converted into a geothermal well, it shall be done in accordance with the
requirements of paragraph (C) of rule
3701-28-17 of the Administrative
Code.
(3)
A completion form shall be submitted to the board of
health for any dry hole, test well or test hole indicating that it is to be
converted to a geothermal well instead of being sealed.
(4)
An alteration
permit shall be obtained for any approved test well or test hole that is to be
converted into a private water system.
(N)
An additional new
construction permit is not required to be issued when there is a change in the
type of private water system source.
(1)
If the private water system type is changed, the
application permit information which needs to be modified shall be submitted by
the applicant to the board of health which shall record the changes to the
permit. When required, additional plans must be submitted in accordance with
paragraph (F) of this rule. Plans must be approved prior to any work being
performed.
(2)
If the permit category for the other private water
system has a higher fee than the original permit fee, then the board of health
may charge the difference between the fees for the same permit.
(O)
Permit
applications, permits and completion forms shall be on forms prescribed or
approved by the department. The board of health shall specify within such
permits the date upon which the permit expires and that the issuance of the
permit is conditioned upon the right of the board of health or the department
to enter upon the premises of the private water system identified in the permit
at any reasonable time prior to, during, or after completion of the work
specified in the permit for the purpose of determining compliance with this
chapter.
(P)
A permit shall be obtained for any non-potable well,
agricultural well, public water system or geothermal system that is to be
converted into a private water system and shall be regarded as a new
construction. A non-potable well is a well where the water is not used for
human consumption, or other potable uses. The converted system shall be
reviewed by the board of health prior to issuance of the permit to ensure the
well meets all requirements of this chapter. The board of health shall review a
well log or downhole camera survey to ensure compliance, and may also review
dye test, water sample data, or other information presented by the well owner
or a private water systems contractor.
(Q)
If the private
water system has not been constructed, sealed or altered within one year from
the date of permit issuance, the permit shall automatically expire. The board
of health may extend the permit period for an additional six months. If a
private water system is under orders by the board of health for correction of a
construction violation, the permit may be reopened or extended beyond the six
month extension for an additional period of time at the discretion of the board
of health so that the required work can be performed.
(R)
For purposes of
this rule, "date of completion" means:
(1)
The date on which
the well, spring, pond, hauled water storage tank, or cistern is
installed;
(2)
The date on which the installation of the pump, pumping
equipment, or other component of the private water system is
completed;
(3)
The date on which the other components of the private
water system are completed if a pump or pumping equipment will be installed by
a person other than the contractor identified on the permit;
(4)
If no completion
form is filed with the local health district, the date the well log is filed
with the department of natural resources by the private water systems
contractor;
(5)
The date the disinfection, filtration or other
treatment equipment to remove contaminants is installed;
(6)
When more than
one private water systems contractor performs work on a private water system,
the date of completion for each private water systems contractor is the date
that person completes their portion of the work on the private water system;
or
(7)
The date that a private water system is sealed or
decommissioned.
(S)
Within thirty
days of the date of completing any portion of the work on a private water
system as described in paragraph (R) of this rule, a complete and accurate
completion form shall be submitted to the board of health by the person
completing the work. Submission of the form may be done by walk-in, fax,
electronically, or mail.
(T)
Within thirty days of the drilling, alteration or
sealing of a well, dry hole, or test hole, or the date of completion of a well,
a copy of the well log or sealing report required to be filed with the Ohio
department of natural resources, division of geological survey, as required
under section 1521.05 of the Revised Code,
shall also be submitted to the board of health, to the private water system
owner, and the registered contractor shall retain a copy. Submission of the
form may be done by walk-in, fax, electronically, or mail.
(U)
Within thirty
days of the date of completion of an alteration that does not require a well
log to be filed under section
1521.05 of the Revised Code, the
person who performs the alteration shall file a complete and accurate
completion form with the board of health. Submission of the form may be done by
walk-in, fax, electronically, or mail.
(V)
Upon receipt of
all required forms, the board of health shall contact the applicant and/ or
owner to conduct an inspection and collect a water sample(s) in accordance with
rule 3701-28-04 of the Administrative
Code and the following requirements:
(1)
The initial water
sample shall be tested for nitrates, escherichia coli and a coliform CFU or MPN
count. Repeat water samples collected for a system after the first sample shall
be tested for escherichia coli and a coliform CFU or MPN count, or pathogenic
microorganisms as applicable. Repeat sampling may include additional
parameters, as required for an investigation.
(2)
The board of
health may prescreen the water sample for nitrates using test kits or strips
capable of reading nitrate concentrations in water down to 1 milligram per
liter.
(3)
The board of health shall provide the water sample
results, in writing, to the private water system owner, agent, applicant, and
each private water systems contractor who has performed work on the private
water system.
(4)
The board of health shall report the findings of water
tests which indicate a presence of escherichia coli, pathogenic microorganisms
or nitrates in excess of maximum contaminant levels, as set forth in rule
3701-28-04 of the Administrative
Code, to the department.
(W)
If the sample
obtained from the private water system exceeds the maximum contaminant levels
for microbiological contaminants specified in paragraph (K) of rule
3701-28-04 of the Administrative
Code, the private water system shall not be approved, unless effective
remediation measures to reduce the total coliform, and eliminate any
escherichia coli, or any primary pathogenic organism are implemented for the
private water system. For a private water system well with casing that extends
twenty-five feet or more below the ground surface which is exceeding maximum
contaminant levels for microbiological contaminants, continuous disinfection of
the system may be installed in accordance with rule
3701-28-15 of the Administrative
Code only after:
(1)
Enhanced disinfection of the entire private water
system is performed by a registered private water systems contractor as
specified in paragraph (H) of rule
3701-28-11 of the Administrative
Code; and
(2)
An investigation has been performed by the board of
health as specified in paragraph (AA)(1) of this rule and upon determination by
the board of health that the private water system well is constructed in
compliance with this chapter.
(X)
If the sample
obtained from the private water system indicates that the maximum contaminant
level for nitrates has been exceeded the board of health shall provide
information to the private water system owner on the health risks of nitrates,
and options for the treatment of the private water system to reduce the
nitrates to acceptable levels. If additional sampling is performed on the
private water systems for any of the contaminants referenced in paragraph (K)
of rule 3701-28-04 of the Administrative
Code and listed in Chapter 3745-81 of the Administrative Code, and levels
exceeding the maximum contaminant level are identified in the water sample from
the private water system, the board of health shall provide information to the
private water systems owner on the health risks of that contaminant, and
options for treatment of the private water system. The department shall also
post health risk information and options for treatment on the department's
website.
(Y)
After the receipt of the results of the water samples,
and upon the basis of the board of health's inspection(s) and review of all
completion, job status, alteration or well log forms as applicable, the water
sample results, and all other pertinent data relative to the private water
system, the board of health shall approve the private water system if the
system is in compliance with the provisions of this chapter.
(1)
A private water
system shall not be approved that is not in compliance with this chapter and
the board of health shall order the private water system into compliance for
any construction and administrative violation of this chapter in accordance
with paragraph (L) of rule
3701-28-02 and paragraph (F) of
rule 3701-28-04 of the Administrative
Code.
(2)
The private water system shall not be used for human
consumption until it has been approved by the board of health.
(Z)
If
repeated total coliform, escherichia coli or other primary pathogenic organisms
are found in samples from the well that exceeds the maximum contaminant levels
specified in paragraph (K) of rule
3701-28-04 of the Administrative
Code after using the disinfection procedure in paragraph (H) of rule
3701-28-11 of the Administrative
Code, the board of health shall notify the department and shall undertake a
joint investigation with the private water systems contractor of the private
water system to determine the source of contamination and approve possible
remediation measures, including continuous disinfection as described in rule
3701-28-15 of the Administrative
Code.
(1)
The
investigation may include, but not be limited to:
(a)
A dye
test;
(b)
A down-hole camera recording of the constructed
well;
(c)
Tests appropriate for the site and system
conditions.
(AA)
A private water
system shall not be approved unless a water sample from the private water
system meets the standards specified in paragraph (K) of rule
3701-28-04 of the Administrative
Code.
(BB)
Once the board of health approves the private water
system the permit is invalid unless the permit is reopened for corrections of
construction violations due to a bond claim investigation or board of health
orders in accordance with paragraph (Q) of this rule.
(CC)
Except for one-,
two-, and three-family dwellings, all new and existing private water systems
providing water for human consumption or potable uses shall have a water sample
collected annually from the private water system by either the board of health,
a person holding a current Class A, I, II, III, or IV public water systems
operator certification from the Ohio environmental protection agency as
authorized under Chapter 3745-7 of the Administrative Code, a person employed
by a laboratory holding a current drinking water laboratory certification from
the Ohio environmental protection agency as authorized under Chapter 3745-89 of
the Administrative Code or equivalent national certification for the analysis
of drinking water, or other certification programs developed or authorized by
the director. Private water systems covered by this paragraph include, but are
not limited to, those serving:
(1)
Foster homes as required under rule
5101:2-7-12 of the
Administrative Code;
(2)
An residential facility as required by rule
5122-30-11 of the Administrative
Code;
(3)
A licensed child care center as required by rule
5101:2-12-13 of the
Administrative Code;
(4)
Residential facilities as required under rule
5101:2-9-04 of the
Administrative Code;
(5)
A resident day camp as required by rule
3701-25-05 of the Administrative
Code;
(6)
Children's residential centers, group homes, and
residential parenting facilities as required under rule
5101:2-9-04 of the
Administrative Code;
(7)
Licensed type A homes as required under rule
5101:2-13-12 of the
Administrative Code;
(8)
A campground as defined in paragraph (C) of rule
3701-26-01 of the Administrative
Code;
(9)
A manufactured home park as defined by division (D) of
section 4781.01 of the Revised
Code;
(10)
A food service operation or retail food establishment
as required by rule
3717-1-05 of the Administrative
Code;
(11)
Private water systems used by registered private water
systems contractors to provide water for drilling purposes;
(12)
Private homes
operated as a bed-and-breakfast that prepares and offers food and water to
guests; and,
(13)
A hotel, transient hotel, extended stay hotel or
residential hotel as defined by section
3731.01 of the Revised
Code.
(DD)
The sample collected under paragraph (CC) of this rule
shall be analyzed for the presence of total coliform, escherichia coli or other
primary pathogenic organisms as specified in paragraph (K) of rule
3701-28-04 of the Administrative
Code;
(1)
The
sample results shall be reported to the board of health, along with information
about the number of individuals served by the private water system within one
business day of the result being returned from the lab; and
(2)
The board of
health shall maintain these records.
(EE)
If the water
sample collected under paragraph (CC) of this rule exceeds the maximum
contaminant level for bacterial or primary pathogenic organisms under paragraph
(K) of rule
3701-28-04 of the Administrative
Code, the private water system owner shall:
(1)
Have a registered
private water system contractor disinfect the private water system in
accordance with rule
3701-28-11 of the Administrative
Code.
(a)
The
private water system shall be re sampled after disinfection;
and,
(b)
The results shall be reported by the system owner or
their agent to the board of health within one business day of the result being
returned from the lab.
(2)
If the water
sample collected after disinfection exceeds the bacterial standard under
paragraph (K) of rule
3701-28-04 of the Administrative
Code, the owner of the private water system shall:
(a)
Notify all end
users, in writing, of any restrictions of water usage as determined by the
department and provided to the private water system owner by the board of
health. A copy of this notice and the method of end user notification shall be
provided to the board of health the same day of issuance to the end users;
and
(b)
Implement corrective actions, as needed, to obtain a
bacteriologically safe water supply.
(3)
If the corrective
action implemented under this paragraph is the installation of a continuous
disinfection water treatment system as required under rule
3701-28-15 of the Administrative
Code, then in addition to the annual sampling, an annual operation and
maintenance inspection shall be performed by a registered private water systems
contractor and the results reported to the board of health to ensure the
continued performance of the disinfection system.
(FF)
Any private
water system constructed, altered or sealed by a person who has not obtained a
registration, as required under rule
3701-28-18 of the Administrative
Code, or is not exempt from registration pursuant to paragraph (A)(2) of rule
3701-28-18 of the Administrative
Code shall not be approved.
(1)
If the entire portion of the system constructed by an
unregistered contractor is reconstructed by a registered private water systems
contractor, the board of health shall not require a variance to this rule, but
shall evaluate the new construction for compliance with this
chapter.
(2)
The board of health shall not grant a variance to this
rule unless the portion of the private water system constructed is assessed and
deemed acceptable by a registered private water systems
contractor.
(3)
The unregistered contractor who performed work on the
private water system may complete the work on the private water system provided
that the following have occured prior to additional work occuring:
(a)
The property
owner has obtained a variance from the board of health to paragraph (FF)(1) of
this rule and to rule
3701-28-18 of the Administrative
Code for the work performed on the private water system by an unregistered
contractor. If the surety bond does not cover the work performed, the variance
shall require a notarized statement from the unregistered private water systems
contractor that they assume financial liability for costs associated with
corrective actions which may be required to bring portion(s) of the system
constructed without surety bond coverage into compliance with this chapter;
and
(b)
The contractor makes application to the department for
registration as a private water systems contractor in accordance with paragraph
(B) of rule
3701-28-18 of the Administrative
Code. This application shall include the five hundred dollar registration fee
for registrations submitted after work which requires registration has been
performed on a private water system; and
(c)
The department
places the contractor on the list of registered private water systems
contractors.
Replaces: 3701-28-03
