Current through all regulations passed and filed through September 16, 2024
(A)
Except as provided in paragraph (M) of this rule, only
persons registered by the board of health as an installer, septage hauler, or
service provider shall perform the duties defined in paragraph (FFF), (JJJJ),
or (OOOO) of rule
3701-29-01 of the Administrative
Code, respectively.
(B)
Installers, septage haulers, and service providers
shall register with the board of health for each category of work prior to
performing the duties defined in paragraph (FFF), (JJJJ), or (OOOO) of rule
3701-29-01 of the Administrative
Code within the board's jurisdiction. A registration shall not be transferable
and shall expire at the end of the calendar year.
(C)
An application
for registration as an installer, septage hauler, or service provider shall be
made to the board of health and shall include:
(1)
The registration
fee established by a board of health in accordance with rule
3701-36-14 of the Administrative
Code:
(2)
Proof of compliance with testing requirements related
to the category of registration established by the department of health. If a
registration is revoked or suspended in accordance with paragraph (L) of this
rule, the board of health may require the registrant to demonstrate compliance
with testing requirements before a registration is reinstated or a new
registration is issued by the board of health.
(3)
Proof of
compliance with any system specific training, qualification, or certification
required as a condition of a system's approval by the director, or one of the
following:
(a)
Provide proof of status as an Ohio waste hauler association qualified service
provider, or proof of certification in the national association of wastewater
transporters O&M or inspector programs:
(b)
Other
certification programs developed and/or authorized by the director;
or
(c)
Hold a current Class A, I, II, Ill or IV treatment
works operator certification from Ohio EPA as authorized under Chapter 3745-7
of the Administrative Code.
(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.
(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:
(a)
Installers may
provide proof of status as a certified installer of onsite wastewater treatment
systems through the national environmental health association;
(b)
Septage haulers
may provide proof of status as a vacuum truck technician through the national
association of wastewater transporters;
(c)
Service
providers may provide proof of status as an Ohio waste hauler association
qualified service provider, or proof of certification in the national
association of wastewater transporters O&M or inspector programs;
or
(d)Other continuing education programs as authorized by the
director.
Registrants shall provide proof of
compliance with this paragraph at the time of registration renewal. In the case
of dual or multiple registrations as an installer, septage hauler, and/or
service provider, required continuing education hours may apply to multiple
registration categories as approved by the department of health.
(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.
(a)
The surety bond
or financial assurance shall establish a contractual relationship between the
principal and the surety or guarantor, and shall be executed by the applicant
as principal and a surety company authorized to do business in the state as
surety or the guarantor.
(b)
The surety bond or financial assistance shall be for
the benefit of any aggrieved party for damages incurred as a result of a
violation of this chapter. For purposes of this rule, aggrieved party means
system owner or the agent of the system owner where the system owner has
contracted with an installer, service provider or septage hauler and whose STS
is not installed, altered, serviced, maintained or abandoned in compliance with
the provisions of this chapter.
(c)
The surety bond
or financial assistance shall be issued to provide insurance coverage for the
calendar year of the registration application for any work performed in all
local health districts in Ohio. The surety bond shall provide that the
aggregate liability of the surety for any and all breaches of the conditions of
the bond shall in no event exceed the penal sum of the bond for each calendar
year for which the bond is issued. The financial assurance shall provide that
the aggregate liability of the financial assurance for any and all breaches of
the conditions of the financial assurance shall in no event exceed the penal
sum of the financial assurance for each calendar year for which the financial
assurance is issued.
(d)
If the surety bond or financial assurance for the
registration is canceled, the registrant shall immediately submit to each board
of health where a registration has been issued proof of a new surety bond or
financial assurance in accordance with the requirements of this rule. The
surety company or guarantor of the financial assurance shall give ninety days
written notice to the director of health prior to the effective date of
cancellation. In the event that a surety bond or financial assurance is
canceled and the registrant does not submit proof of a new bond or financial
assurance to the board of health, the registration shall be suspended and the
registrant shall cease from performing the duties of a registered
contractor.
(e)
An installer, service provider, and septage hauler
shall maintain a separate surety bond or financial assurance in the amount as
required in Table 1 for each category of registration. If an installer also
registers as a service provider, then the surety bond for the service provider
registration shall be reduced to fifteen thousand dollars.
Table 1. Contractor bonding
requirements
|
Number of systems
annually |
Installer |
Service
Provider |
Septage
Hauler |
|
HSTS |
SFOSTS |
HSTS |
SFOSTS |
HSTS |
SFOST |
|
One system |
Equal to system
cost |
$25,000 |
N/A |
$25,000* |
$25,000 |
$25,000 |
|
More than one
system |
$40,000 |
$25,000* |
$25,000 |
|
* STS service provider bond
requirement reduced to $15,000 for service providers with dual registration as
STS installer and STS service provider. |
(f)
Any person who alleges to be an aggrieved party shall
give written notification to the surety or guarantor of the financial
assurance, the board of health where the work was performed, and the installer,
service provider, or septage hauler as applicable within eighteen months of the
date of completion of the work on the STS. The board of health may conduct an
investigation as necessary to determine if a violation of this chapter has
occurred.
(7)
Any forms, permits, plans, service records or other
documentation for prior system installation, alteration, service or repairs
that have not been submitted to the board of health as
required.
(8)
Any other information as required by the board of
health or department of health.
(D)
A registrant
that is a partnership, corporation, or other business association, shall
designate one partner, officer, or other responsible full-time employee who
shall be the company's representative registrant.
(E)
Registration is
not required of any person who performs labor or services as an employee under
the direct supervision of a registered contractor. For purposes of this rule
"direct supervision" means that a registered contractor instructs and controls
the person claimed to be supervised, the person is an employee of the
registered contractor, and that the registered contractor is responsible for
the actions of that person and is reasonably available if and when needed, even
though such registered contractor may not be physically present at the work
site.
(F)
Subcontractors who perform work under contract for a
registered installer, septage hauler, or service provider for electrical or
plumbing work are not required to obtain a registration as a registered
installer, septage hauler, or service provider.
(G)
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), and (C)(6) of this rule and the board of health may waive
paragraphs (C)(1) and (C)(5) of this rule, or require continuing education
applicable to the product as specified by the manufacturer. A registered
service provider that performs the duties of a service provider on only the
registrant's personal residence shall be subject to paragraph (J) of this
rule.
(H)
When the registered installer performs the duties of
an installer on only the registrant's personal residence, the board of health
may waive paragraphs (C)(1), (C)(4), and (C)(6) of this rule.
(I)
In addition to
the other requirements of this chapter, registered septage haulers shall comply
with the following:
(1)
Registered septage haulers shall obtain a permit from
the board of health in accordance with paragraph (B) of this rule for each
vehicle used to haul septage within the board's jurisdiction and comply with
all applicable septage disposal and land application
regulations;
(2)
Registered septage haulers shall provide a completed
application to include the tank capacity of each vehicle to the board of
health;
(3)
Vehicles shall be marked with company name and phone
number that is readily legible during daylight hours from a distance of fifty
feet while the vehicle is stationary, in accordance with the "Federal Motor
Carrier Safety Administration" regulations as described in
49 C.F.R.
390.21(c)(3);
(4)
All septage
hauling equipment shall be maintained in proper operating condition. All tank
seal safety specifications shall be met to prevent leakage or spills while in
operation, transit, or storage; and
(5)
When a vehicle is
used by the registrant in multiple jurisdictions, the registrant may choose to
have the vehicle inspected by the county or combined health district in which
the company is based utilizing an inspection form created by the director and
submit the inspection form to other boards of health in lieu of multiple
inspections per vehicle.
(J)
Every registrant
shall maintain and submit to the board of health such complete and accurate
records as may be required for determining compliance with all applicable rules
of this chapter.
(K)
Every registrant shall comply with any reporting or
records retention requirements established by the board of health and this
chapter. Service providers shall provide all O&M records, including
sampling results, if applicable, as required under rule
3701-29-19 of the Administrative
Code to the board of health. For sewage treatment systems that include a
pretreatment component, any service agreement for the pretreatment component
shall include the maintenance and monitoring of all system
components.
(L)
A registrant shall comply with Chapter 3718. of the
Revised Code, restrictions on system approvals by the director of health, all
provisions included in a permit issued by the board of health, all board of
health orders, and any conditions placed on the contractor's
registration.
(1)
A board of health may inspect installers, service
providers or septage haulers during their work to ensure compliance with this
chapter.
(2)
When the board of health finds that a registrant is or
has engaged in practices in violation of this chapter, the board of health
shall provide the registrant with written notification of the alleged
violation, indicate that the registration may be revoked or suspended, and
afford an opportunity for a hearing if the registrant does not agree to
voluntary compliance.
(3)
The board of health may deny, revoke or suspend a
registration when a registrant fails to timely correct violations in compliance
with this chapter, or if the registrant has a history of recurrent violations
of this chapter, or has been convicted of violations of this
chapter.
(4)
The board of health shall notify the department of
health within sixty days following the suspension or revocation of a
registration.
(M)
The owner of a campground licensed in accordance with
Chapter 3729. of the Revised Code who engages in the collection and
transportation of domestic septage within the premises of the campground shall
not be required to register under this rule provided the following conditions
are met:
(1)
The domestic septage is not transported across or on a public
roadway;
(2)
All septage hauling equipment shall be maintained in
proper operating condition and designed to prevent spills while in operation,
transit or storage; and
(3)
All septage hauling equipment shall be available for
inspection by the board of health.
Replaces: 3701-29-05, 3701-29-06
