Current through all regulations passed and filed through September 16, 2024
(A)
The board of health shall develop a program for the
administration of O&M management for STS and GWRS and system owner
education in compliance with division (A)(7) of section
3718.02 of the Revised Code and
this chapter.
(1)
O&M management and system owner education is
required for all systems installed or altered after the effective date of this
chapter.
(2)
Boards of health shall work with interested
stakeholders to develop a timeline and process for phasing in O&M
management for prior installed systems and should consider risk factors such as
system age, complexity and risks to public health when establishing the
criteria and process for phasing in prior installed systems, except as provided
in paragraph (B) of this rule.
(3)
All STS that
have been issued coverage under the general household NPDES permit after
January 1, 2007 shall be included in the O&M management
program.
(B)
Boards of health that have established a program prior
to the effective date of this chapter for the monitoring or assessment of
systems, are authorized to continue their program provided that the program
allows a person to demonstrate the required maintenance of a system in lieu of
a board of health inspection. Monitoring and assessment of STS may also be
performed upon request for real estate inspections or as part of locally
established real estate transfer programs.
(C)
An O&M
management program shall include but is not limited to the provisions of this
rule and any additional provisions of an O&M management program established
by the board of health shall not be considered as more stringent standards
subject to division (B) of section
3718.02 of the Revised Code.
O&M management programs shall include the following minimum
components:
(1)
Permit records organized by location providing a history of
siting, design, installation, alteration, operation, monitoring, maintenance,
and abandonment activities. The results of any O&M monitoring, service
contracts, sampling, inspections or reporting required by this chapter shall be
maintained in the permit record. All records and information regarding a
system's operation and maintenance shall be provided to the board of health
within sixty days of any operation and maintenance inspection.
(2)
Demonstration of
board of health and STS or GWRS owner compliance with operation permit
requirements for system types as required in this chapter.
(3)
Tracking of
activities and requirements associated with the conditions of an operation
permit or this chapter, including but not limited to:
(a)
Dates and
results of any inspections or maintenance service including the inspection
required in paragraph (H) of rule
3701-29-09 of the Administrative
Code.
(b)
Time lines for the expiration and renewal of an
operation permit as applicable.
(c)
Record of owner
compliance with the service contract or other maintenance requirements in
accordance with this chapter and the operation permit conditions established in
paragraph (I) of rule
3701-29-09 of the Administrative
Code;
(d)
Record of any related enforcement
activities;
(e)
Record of any water quality or other samples collected
from the system; and
(f)
A service provider or board of health may use
electronic monitoring and tracking of system operation and
maintenance.
(D)
O&M in
accordance with manufacturer's instructions shall be met when required as a
condition of an operation permit, as part of a STS or GWRS product approval, or
as otherwise required in this chapter. A person may demonstrate the required
O&M of their system in lieu of having a board of health inspection
conducted when an inspection is otherwise required. This may include a person
securing a service contract or being certified for O&M service by a
manufacturer. The board of health shall advise the owner of the ability to
demonstrate required O&M through the use of a service contract or owner
certification. The owner shall provide proof of servicing and maintenance
appropriate to the STS or GWRS to the board of health that includes, but is not
limited to:
(1)
A copy of the system service report that is signed and
dated by a registered service provider or owner who is certified by the
manufacturer to service the installed STS or GWRS. Service providers shall
notify the board of health when service contracts are not
renewed;
(2)
Service reports must include minimum information as
required by the department for a specific technology or product, the board of
health, and the manufacturer as applicable for every component of the system.
Service checklists that provide a comprehensive listing of the minimum service
requirements shall be used when applicable or available for a product or system
type;
(3)
Provide a copy of septic tank pumping receipts, tank
and distribution box inspections, and cleaning of effluent filters as
applicable; and
(4)
Any other information that demonstrates maintenance of
the system as required by the operation permit.
This shall not preclude the board of
health from conducting compliance inspections for the purpose of oversight of
installers, service providers or septage haulers nor from requiring payment of
an operation permit fee for O&M management.
(E)
Owners of HSTS that have obtained coverage under the household general NPDES
permit shall comply with the following O&M requirements:
(1)
Obtain effluent
samples for monitoring as required by the household general NPDES Permit.
Effluent samples shall either be collected by the board of health, or if
allowed by the board of health, a registered service provider in accordance
with protocols established by the department or Ohio EPA. Effluent samples
shall be collected in accordance with rule
3701-29-13 of the Administrative
Code or as approved by the director from either the installed sampling port or
the point of discharge for the STS installation;
(2)
Maintenance,
repair, servicing or alteration of the system as required to meet the action
limits established by Ohio EPA when system effluent quality exceeds the limits
established in the household general NPDES permit or more often as necessary to
meet the action limits; and
(3)
Owners of HSTS
that have obtained coverage under the household general NPDES permit, and are
not consistently able to meet the effluent quality standards, shall work with
the system manufacturer and the board of health to take steps necessary to
bring the system into compliance with the established limits, and may include,
but is not limited to, the installation of an approved tertiary component or
additional approved treatment devices as approved by the department of health,
or alteration or limitations on the quantity or quality of sewage discharged
into the system.
(F)
A board of
health may establish a household sewage treatment district in accordance with
division (A)(14) of section
3718.02 of the Revised Code and
the following minimum criteria and procedures:
(1)
A household
sewage treatment district established by a board of health shall provide a
responsive approach to prevent or resolve sewage treatment problems from HSTS
within an established district;
(2)
When
establishing a household sewage treatment district the board of health shall by
formal resolution provide in writing the authority, purpose, scope, and details
of the district management program including any fees;
(3)
In advance of
the adoption of a resolution establishing a household sewage treatment
district, the board of health shall provide public notice in a newspaper of
general circulation and shall inform all affected homeowners by mail at least
ninety days in advance of the adoption of the resolution; and
(4)
The board of
health may enter into a contract with any entity to administer a household
sewage treatment district management program.
(G)
The board of
health shall promote compliance with this chapter through educational outreach
including but not limited to the following:
(1)
Providing
information to STS owners on the type of STS they own and how it functions, and
how to manage, maintain and care for their STS to ensure proper system
performance and sustainability.
(2)
Help ensure that
the STS owner is provided with O&M instructions and service reporting
requirements.
(3)
Provide information to system owners on how to access
the department of health and manufacturer internet sites for O&M
instructions as required by division (F) of section
3718.05 of the Revised Code, or
upon written request, directly provide a copy of these O&M
instructions.
(H)
The board of health may provide owners with
information on financial assistance resources, and may promote or participate
in local and state financial assistance programs to support STS repair and
replacement or connection to sanitary sewers and STS abandonment including, but
not limited to, the following:
(1)
Complete a HSTS management plan to access state
revolving loan funds.
(2)
Establish a local revolving or low interest loan
program.
(3)
Encourage targeted community development
funding.
