Current through all regulations passed and filed through September 16, 2024
(A)
Prior to accepting an application for a permit to
install a new or replacement STS or alter an existing STS, the board of health
shall require a site review.
(1)
A site review shall include:
(a)
The completed
application and associated fee(s);
(b)
A soil
evaluation completed in accordance with rule
3701-29-07 of the Administrative
Code. The board of health may waive the requirement for a soil evaluation based
on small lot size, for an alteration, or for an incremental repair
plan;
(c)
A STS design completed in accordance with rule
3701-29-10 of the Administrative
Code; and
(d)
When the applicant is requesting approval of a system
subject to paragraph (C) of this rule, an incremental replacement plan shall be
submitted with the site review request.
(2)
The board of
health shall review the application information and conduct an on-site
evaluation to determine whether the proposed STS design is in compliance with
this chapter. When the board of health determines that a proposed STS is
subject to the NPDES or UIC requirements of rule
3701-29-06 of the Administrative
Code, the board of health shall determine compliance with NPDES or UIC
requirements prior to issuing a permit in accordance with paragraph (B) of this
rule.
(3)
The board of health shall disapprove a site review
application if:
(a)
The application information, soil evaluation, STS
design, or site review by the board of health indicates that the provisions of
this chapter cannot be met;
(b)
The STS design,
soil evaluation, or application information is incomplete, inaccurate or not in
compliance with this chapter;
(c)
The site
conditions observed during the site review are such that the provisions of this
chapter cannot be met; or
(d)
The incremental replacement plan is not acceptable to
the board of health, if applicable.
(4)
The board of
health shall approve a site review application when the submitted information
and site visit by the board of health demonstrate that the provisions of this
chapter can be met. A site review approved after the effective date of these
rules shall be valid for five years from the date of approval provided there
are no changes to the site conditions or the STS design, including the sewage
source.
(B)
No person shall install a new or replacement STS or
alter an existing STS without an installation or alteration permit issued by
the board of health.
(1)
A permit shall include:
(a)
The completed
application and associated fee;
(b)
An approved site
review completed in accordance with paragraph (A) of this rule;
and
(c)
Proof of registration with the Ohio EPA Class V
injection well program, if applicable.
(2)
The owner of the
STS and/or an authorized agent shall be responsible for all coordination
between the local health district, designer, soil evaluator, installer, and
Ohio EPA, if applicable.
(3)
When considering an application for a permit to
install a new or replacement STS or alter an existing STS, the board of health
shall review the site review, proposed design, and the site conditions at the
location where the system is to be installed.
(4)
The board of
health may deny the approval of an installation or alteration permit if there
are changes that affect the siting and design of the STS or the site review
application information and may require re-application including a fee to
reapply.
(5)
The board of health shall approve the application for
the installation of a new or replacement STS or the alteration of an existing
STS when the site conditions are consistent with a site review approved by the
board of health. The board of health may specify permit terms and conditions
governing the siting, design, installation, alteration, operation, monitoring,
maintenance, or abandonment of the STS, unless such terms and conditions
conflict with Chapter 3718. of the Revised Code or this
chapter.
(6)
An approved installation permit or alteration permit
issued by the board of health shall be valid for one year from the date of
issuance. The board of health may extend the permit period for an additional
six months for permits issued pursuant to this rule. Permits issued by the
board of health are transferable upon the sale of the property for which the
permit is issued.
(7)
An approved installation or alteration permit may be
revoked by the board of health prior to its expiration if a change in site
conditions, the quality of the installation or alteration work, or if other
conditions arise that are not in compliance with this chapter.
(C)
The
board of health may work with a system owner to develop a plan for incremental
repair and/or replacement of a STS when the STS is creating a nuisance
condition and/or failing. An incremental repair and/or replacement plan shall
be used to establish a phased approach to either repair, alter or replace a STS
over a period of time as specified in the plan and as approved by the board of
health. When a STS is creating a public health nuisance, an incremental repair
and replacement plan shall require sufficient repairs and/or alterations to the
STS to minimize or correct the nuisance conditions or system failure in a
timely manner. The following shall also apply to incremental repair and
replacement of a STS:
(1)
An alteration permit, as applicable, shall be required
for each phase of work to be completed on a STS as required in this rule and
any prior permit issued for work on the STS has already expired. Permits issued
by the board of health as part of an incremental replacement plan are
transferable upon the sale of the property for which the permit is
issued;
(2)
The board of health may include conditions in an
incremental replacement plan, including but not limited to:
(a)
The period of
time over which the incremental repair and/or replacement will occur, and the
established timeframes for addition or replacement of components or other
agreed upon steps in the plan;
(b)
Requirement of a
soil evaluation that meets the requirements of rule
3701-29-07 of the Administrative
Code;
(c)
An evaluation of water usage to determine options for
reducing the hydraulic load to the STS including, but not limited to the
installation of reduced water use fixtures, or voluntary reductions in water
usage during phases of the plan;
(d)
An evaluation of
waste strength, if applicable, to determine the need for additional
pretreatment prior to dispersal to the soil;
(e)
Phased
installation of STS components or devices that include, but are not limited to
providing pretreatment of effluent, improving dispersal of effluent to the soil
absorption component, adding capacity to the soil absorption component,
replacing the soil absorption component or otherwise reducing public health
nuisance conditions or system failure; and
(f)
Annual or
periodic inspections. The board of health may require payment of inspection
fees for additional inspections required as a condition of a permit that
includes an incremental replacement plan.
(D)
The installation
of a new or replacement STS or the alteration of an existing STS shall only be
conducted by a registered installer under an installation or alteration permit
issued by the board of health.
(1)
The installation shall comply with the approved site
review, any conditions of the installation permit, any conditions of a product
approval, the design, and this chapter.
(2)
Prior to
beginning construction of the STS the installer and owner or authorized agent
shall review all information on the site review, STS design, and soil
evaluation and consult with the appropriate entities concerning questions
regarding STS location and construction. If changes to the permitted system
design are necessary, the owner or authorized agent and installer shall consult
with the board of health and designer before proceeding with the system
installation. A new design may be required in such cases.
(3)
If any
disturbance or damage has occurred to the soil absorption area, installation
shall not proceed and the installer and owner or authorized agent shall contact
the board of health. The board of health shall either approve or deny any
proposed modifications to the approved design based on the disturbance or
damage that has occurred.
(E)
The board of
health shall inspect the installation of the system in a timely manner to
reduce the potential damage that can occur from leaving the system open without
final cover. Additional inspections during the progress of the installation may
be required as a condition of the installation permit, a product approval, or
this chapter. The board of health may require advance notification from the
installer to accommodate inspections. The construction drawing, any applicable
system start-up information, or other required or necessary documentation shall
be available at the time of inspection. Evidence of the system approval shall
be provided to the installer and owner.
(F)
A drawing(s) of
the completed system installation shall be provided by the registered installer
for a completed STS installation or alteration. The drawing(s) shall be legible
and signed by the installer indicating that the STS was installed in accordance
with these rules and shall include a record on eight and a half inch by eleven
inch or larger pages with copies provided to the owner and the board of health
for inclusion in the permit file. Use of the STS design with construction notes
and measurements may be acceptable. The drawing(s) shall also include the
following items, as applicable:
(1)
Any changes to the approved STS design including, but
not limited to, distances from installed STS components to any items having
applicable horizontal isolation distances. A change in location of a STS from
that designated on the STS design shall not be made without prior approval by
the board of health and shall not violate horizontal isolation distances
required by this chapter.
(2)
A designated vertical reference point or benchmark
with its location marked at the site.
(3)
Plan view
drawing for installed STS components per the STS design, including
identification of specific products that were installed as part of the
STS.
(4)
Any additional information for components and
materials may be required by the board of health including but not limited to
manufacturer or supplier provision of component installation or O&M
instructions and verification of compliance with any start-up procedures or
aggregate specifications.
(G)
The board of
health shall approve the installation of the system if all conditions of the
permit, product approval, STS design and this chapter are met. The board of
health may provide a partial approval of the installation when additional work
and an additional inspection are necessary to ensure compliance with the
permit, product approval. STS design, and/or this chapter. The board of health
may require payment of the inspection fee(s) for additional inspection(s) for
installations that are partially approved until the installation is approved or
the installation permit expires. The board of health may allow for an
inspection after the permit has expired, and may change the status of the
permit to approved or disapproved upon completion of the
inspection.
(H)
The board of health shall inspect the completed system
again not later than twelve months after the approval of the installation to
observe the system's operation.
(1)
The board of health shall make an assessment to
determine if the system is operating properly and not causing a public health
nuisance or safety hazard.
(2)
The board of
health shall certify to the director not later than sixty days after the
inspection, that the inspection was performed.
(I)
No person shall
operate a STS or a type 2, 3 or 4 GWRS without an approved and valid operation
permit from the board of health. The owner and/or a responsible management
entity when applicable, shall comply with the terms and condition of the
permit.
(1)
Any person requesting renewal of an operation permit shall submit:
(a)
The application
fee;
(b)
Any applicable application form if required by the
board of health; and
(c)
Proof of compliance with any permit
conditions.
(2)
The board of health shall specify any terms and
conditions of the operation permit consistent with this chapter governing the
operation, monitoring, maintenance, and abandonment of the STS including:
(a)
Maintenance,
operation, and monitoring requirements, including frequency of
maintenance;
(b)
Required effluent quality standards, as applicable;
and
(c)
Requirements for a service contract. An operation
permit shall require a service contract for a STS under the following
conditions and as otherwise required by the board of health:
(i)
Any HSTS subject
to a NPDES permit: or
(ii)
When required as a condition of a STS component or
system approval granted by the director of health.
(3)
An
operation permit shall be in effect upon board of health approval of an
installation, a replacement, or an alteration of a STS.
(4)
An operation
permit shall expire at the frequency determined by the board of health, not to
exceed ten years.
(5)
An operation permit may be renewed, suspended, or
revoked by the board of health subject to the requirements of this chapter and
the terms and conditions of the permit.
(J)
The board of
health, not later than sixty days after the issuance of an installation,
operation, or alteration permit, shall notify the director that the permit was
issued utilizing an electronic system developed by the director. In the absence
of an electronic system to collect this information, submission of the fee
transmittal forms required in rule
3701-29-05 of the Administrative
Code shall satisfy this requirement for notification.
(K)
The board of
health shall retain all received records on the installation, alteration, or
abandonment of a STS until the STS is permanently abandoned. Operation,
maintenance and sampling records generated by the jurisdiction shall be
maintained for a minimum of seven years. Records may be maintained in paper or
electronic form.
Replaces: 3701-29-04, 3701-29-10, 3701-29-21
