LORAIN COUNTY GENERAL HEALTH DISTRICT SEWAGE TREATMENT SYSTEM RULES

LORAIN COUNTY GENERAL HEALTH DISTRICT SEWAGE TREATMENT SYSTEM RULES SUPPLEMENT TO THE OHIO DEPARTMENT OF HEALTH SEWAGE TREATMENT SYSTEM RULES OHIO ADMINISTRATIVE CODE CHAPTER 3701-29 2015 Effective: May 1, 2015

Lorain County General Health District Sewage Treatment System Rules Table of Contents Page Section 1- Definitions... 1 Section 2- General Authority.... 1 Section 3- Penalties...... 1 Section 4- Regulation of Small Flow On-site Sewage Treatment Systems.... 1 Section 5- Waiver of Registration of Installers, Service Providers, and Septage Haulers for Work Performed on Personal Residence 2 Section 6- Fees and Fee Categories 2 Section 7- Soil Evaluation and Soil Evaluators 2 Section 8- Operation Permit Terms and Conditions 2 Section 9- Effluent Quality Standards 2 Section 10- General Soil Absorption Standards. 3 Section 11- Gray Water Recycling Systems 3 Section 12- STS Operation and Management and Owner Education. 3 Section 13- Establishment of a Household Sewage Treatment District 4 Section 14- Septage and Sewage Management.. 4 Section 15- STS Abandonment. 5 Section 16- Effect of Partial Invalidity. 5 Section 17- Effective Date 5 Section 18- Variance for Sanitary Sewer Connection for STS less than 7 years old. 5 Section 19- Inclement Weather Conditions. 6 Appendix A: LCGHD Sewage Treatment System Program Fees.. 7 Appendix B: LCGHD Operation Permit Requirements 9 Appendix C: LCGHD Sewage Treatment System Operation & Maintenance Management Program Plan 11

Section 1- Definitions (A) Board of Health means the Board of Health of the Lorain County General Health District (LCGHD) (B) Accessibility, for the purposes of these regulations and consistent with Ohio Revised Code Section 6117.51, shall mean the following: a property shall be deemed accessible to a sanitary sewerage system if the foundation wall of the residence on the property is two hundred (200) feet or less from the nearest boundary of the right of way within which the sewer is located. The Health Department may deem a property to be inaccessible if the flow from the residence to the sanitary sewerage system cannot be accomplished by gravity and there is a need for lift stations, pumps, and other such devices, or if it is necessary for the owner of a property upon which the residence is located to bore under the road in order to accomplish the connection to the sewers. Nothing shall preclude the Board of Health, however, from requiring a property owner to directly connect into a sanitary sewerage system deemed to be inaccessible to the property if a sewage nuisance (as defined in ORC 3718.011) exists on such property. (C) Definitions shall reflect those set forth and identified in Section 3701-29-01 of the Ohio Administrative Code. Section 2- General Authority The Board of Health is granted authority under Section 3709.21 of the Ohio Revised Code to make such orders and regulations as are necessary for the public health, the prevention or restriction of disease, and the prevention, abatement, or suppression of nuisances. Section 3- Penalties The Lorain County General Health District Sewage Treatment System Rules, hereinafter referred to as regulation(s), shall be enforced in accordance with Chapters 3709 and 3718 of the Ohio Revised Code. A violation of these regulations is punishable in accordance with Sections 3718.10 and/or 3709.99 of the Ohio Revised Code, or as otherwise permitted by law or rule. Section 4- Regulation of Small Flow On-site Sewage Treatment Systems (SFOSTS) In accordance with 3701-29-02 (H) of the Ohio Administrative Code, a Board of Health may regulate the siting, design, installation, operation, monitoring, maintenance and/or abandonment of SFOSTS in accordance with section 3718.021 of the Revised Code. The Board of Health has determined that it has the capacity to regulate SFOSTS and has submitted a request to the Ohio EPA to regulate SFOSTS in accordance with the applicable provisions of 3701-29 of the Ohio Administrative Code. 1 P a g e

Section 5- Waiver of Registration of Installers, Service Providers, and Septage Haulers for Work Performed on Personal Residence (A) In reference to 3701-29-03(G) of the Ohio Administrative Code, 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 the rule. Whereas the Board of Health has the authority to waive (C)(1) and (C)(5) of the rule, the Board of Health does hereby determine that it shall NOT require compliance with section (C)(1) which requires payment of the registration fee, but shall require compliance with section (C)(5) by completing continuing education applicable to the product as specified by the manufacturer. (B) In reference to 3701-29-03(H) of the Ohio Administrative Code, when the registered installer performs the duties of an installer on only the registrant s personal residence, the Board of Health may waive (C)(1), (C)(4), and (C)(6) of the rule. The Board of Health does hereby determine that it shall NOT require compliance with paragraphs (C)(1) which requires the payment of the registration fee, and shall waive (C)(4) as to proof of liability insurance coverage, and shall waive (C)(6) as to proof of a surety bond of the rule. Section 6- Fees and Fee Categories Established by the Board of Health In accordance with 3701-29-05(D) of the Ohio Administrative Code, the Board of Health has established fees that are included in Appendix A of these rules and promulgated under Resolution 2015-36. Fees shall be established in accordance with cost methodologies prescribed in 3701-36-14 and are subject to change. Section 7 Soil Evaluation and Soil Evaluators In reference to 3701-29-07(A) (4), the Board of Health does hereby determine that registered sanitarians employed by the Board of Health having jurisdiction where the soil evaluation is to take place may conduct such evaluations. Section 8- Establishment of Operation Permit Terms and Conditions In reference to 3701-29-09(I)(2) the Board of Health has established the necessary permit terms and conditions including: maintenance requirements, service contract requirements and length of permit periods that can be found in Appendix B of these rules. Section 9- Effluent Quality Standards In reference to 3701-29-14(C) of the Ohio Administrative Code, whereas the Board of Health may establish nutrient reduction standards for pretreatment components when there is a significant risk of nutrient contamination to surface or ground water, the Board of Health does hereby establish the standards referenced in 3701-29-14(C)(1) of this rule and reserves the right to adopt other nutrient standards as allowed in 3701-29-14(C)(2) of this rule. 2 P a g e

Section 10- General Soil Absorption Standards (A) In reference to 3701-29-15(G) of the Ohio Administrative Code, whereas the Board of Health may establish a vertical separation distance no less than six inches and no greater that eighteen inches, with a required minimum thickness of in-situ soil within the infiltrative distance of no less than six inches when effluent is discharged to the soil absorption component, the Board of Health does hereby establish a vertical separation distance of eighteen (18) inches to the seasonal water table, with a required minimum thickness of unsaturated in-situ soil of eight (8) inches. (B) In reference to 3701-29-15(H) of the Ohio Administrative Code, whereas the Board of Health may establish the required minimum vertical separation distance of greater than zero inches and less than six inches, and the required minimum in-situ soil thickness within the vertical separation distance of greater than zero inches and less than six inches where the seasonal water table is present and the sewage effluent is pretreated to less than one thousand fecal coliform CFU per one hundred milliliters, the Board of Health does hereby establish a minimum vertical separation distance of six (6 ) inches and a required minimum in-situ soil thickness with the vertical separation distance of six (6 ) inches where the seasonal water table is present and sewage effluent is pretreated to less than one thousand fecal coliform CFU per one hundred milliliters. The infiltrative surface shall not be placed below the depth of the seasonal water table. Section 11- Gray water recycling systems In reference to 3701-29-17 (B) of the Ohio Administrative Code, whereas the Board of Health may issue a permit for the design and installation of a Type 1 Gray Water Recycling System, the Board of Health does hereby determine that a permit shall be required for the design and installation of these systems. 1. No person shall design or install a Type 1 gray water recycling system without an approved and valid Type 1 Gray Water Recycling System permit issued by the Board of Health. 2. All terms, conditions, and procedures for site review and permitting specified in Section 3701-29-09 of the Ohio Administrative Code shall be recognized and enforced. Section 12- STS Operation and Management and Owner Education (A) In reference to 3701-29-19(A) of the Ohio Administrative Code, whereas the Board of Health shall develop a program for the administration of Operation & Management (O & M) for STS and GWRS and system owner education in compliance with division (A)(7) of Section 3718.02 of the Revised Code, the Board of Health does hereby establish the following provisions: 1. An O & M Management Plan with a phased approach has been developed for STS and GWRS as can be found in Appendix C of these rules. 3 P a g e

(B) In reference to 3701-29-19(B) of the Ohio Administrative Code, whereas the 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. 1. Responsibility of homeowners in the event of homeowners association dissolution, termination, or any other condition which renders the homeowners association defunct: a. In the event that a homeowners association dissolves, is terminated, or is otherwise rendered defunct, any environmental covenants, easements, servitudes, deed restriction, or other interests that created responsibilities and duties of the homeowners association regarding sewage systems shall continue to apply to each sublot and become the responsibility of the sublot s owner until the sublot, if ever, is tied into a sanitary sewer system. b. In the event that a homeowner s association and/or a homeowner fails to comply with any environmental covenants, easements, servitude, deed restrictions, or other interests that created responsibilities and duties on the homeowners association and/or the homeowner, such failure will constitute a violation of these regulations. Each day that the homeowners association and/or the homeowner fails to comply with any environmental covenants, easements, servitudes, deed restrictions or other interests that created responsibilities and duties of the homeowners association and/or the homeowner, shall constitute a new violation. The Board of Health may proceed in accordance with the remedies provided in these regulations at equity and/or at law. (C) In reference to 3701-29-19 (E) (1) of the Ohio Administrative Code, whereas the Board of Health may permit a registered service provider to collect effluent samples for National Pollutant Discharge Elimination System (NPDES) household sewage treatment, the Board of Health does hereby require that the sampling described shall be collected by the Board of Health, or by a registered service provider in accordance with protocols established by the department or Ohio EPA. Section 13- Establishment of a Household Sewage Treatment District In reference to 3701-29-19(F) of the Ohio Administrative Code, whereas the 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 minimum criteria and procedures in (F1), (2), (3) and (4) of the rule, the Board of Health does hereby determine that a household sewage treatment district may be established. Section 14- Septage and Sewage Management In reference to 3701-29-20(A) of the Ohio Administrative Code, whereas the Board of Health may adopt rules prohibiting, restricting or limiting the land application of septage within its jurisdiction, the Board of Health does hereby approve the land application of septage within its jurisdiction. All standards established by the United States Environmental Protection Agency (EPA) regulations as set forth in 40 C. F. R. 503, effective 4 P a g e

February 19, 1993, and July 20, 1993, hereinafter referred to as Rule 503 shall be followed and shall be applied, construed and utilized in conjunction with the Ohio Administrative Code and the LCGHD standards. Section 15- STS Abandonment In reference to 3701-29-21(E) of the Ohio Administrative Code, whereas the Board of Health may require a permit for abandonment of a Sewage Treatment System and establish a permit fee in accordance with paragraph (D)(12) of rule 3701-29-05 of the Administrative Code, the Board of Health does hereby determine that an abandonment permit and fees shall be required. 1. No person shall abandon a sewage treatment system without an approved and valid abandonment permit issued by the Board of Health. 2. All terms, conditions, and procedures for abandonment specified in Section 3701-29-21 of the Ohio Administrative Code shall be enforced. 3. An approved abandonment permit issued by the Board of Health shall be valid for one year from the date of issuance or until the abandonment is completed and approved by the Board of Health within the one year period. This permit may be extended for an additional 6 months upon request. 4. When a permit is issued for the installation of a replacement sewage treatment system, the abandonment permit fee for the same location (address) shall be waived. Section 16-Effect of Partial Invalidity Should any section, paragraph, sentence, clause or phrase of these sewage regulations be declared unconstitutional or illegal for any reason, the remainder of these regulations shall not be affected. Section 17- Effective Date These regulations were adopted and passed by the Board of Health of the Lorain County General Health District, according to law on April 8, 2015 and are in effect on May 1, 2015. Section 18- Variance for Sanitary Sewer Connection for STS less than 7 years old Under the authority of 3701-29-22, a variance to delay the requirement of Section 3701-29-06(I) to connect to accessible sewers shall be granted to any owner(s) of residential property that is serviced by a sewage treatment system which has been installed for less than seven (7) years, provided the following conditions are met: 1. The owner(s), before the deadline for connection to the sewers, applies for such variance on forms provided by the LCGHD and pays the prescribed fee. 2. The owner(s) agree to terms and conditions of a declaration of deed restrictions and the owners record such deed restrictions in a timely manner at their costs. These terms and conditions shall specify the time frame for which the sewer connection shall be made by. 3. The sewage treatment system for which the variance is being sought shall: 5 P a g e

a. Have been installed and be operated and maintained in accordance with Chapter 3701-29 of the Ohio Administrative Code and these rules. b. Have been approved by a Registered Sanitarian employed by the LCGHD. c. Not be creating a nuisance d. Not have been previously ordered to be repaired, replaced, or abandoned by the LCGHD. The LCGHD 7-Year Variance procedure is on file at the LCGHD Office. Section 19-Inclement Weather Conditions In the event that the installation of a sewage treatment system cannot be completed due to inclement seasonal weather conditions, a property owner and the developer, or contractor, can enter into an agreement with the LCGHD to delay the installation of components including, but not limited to, a mound or tile field, in order to prevent damage to the soil conditions, which may compromise the functionality of the sewage treatment system. The LCGHD Inclement Weather Agreement and procedure is on file at the LCGHD Office. 6 P a g e

APPENDIX A Lorain County General Health District Sewage Treatment System Program Fees HOUSEHOLD SEWAGE TREATMENT SYSTEMS (HSTS) Fee Category Health Department Fee State Fee TOTAL FEE Site Review Application HSTS $150.00 - $150.00 Installation Permit NEW HSTS $185.00* $50.00 $235.00 Installation Permit REPLACEMENT HSTS $100.00* $50.00 $150.00 Alteration Permit HSTS $60.00* $25.00 $85.00 Incremental Repair Permit HSTS $30.00 - $30.00 Annual Operation Permit HSTS $25.00 - $25.00 Abandonment Permit HSTS $25.00 - $25.00 Abandonment Permit HSTS Replacement waived - waived Subdivision Feasibility Study $350.00 - $350.00 *A 25% late fee shall be charged when work has begun prior to a permit being issued. SMALL FLOW ON-SITE SEWAGE TREATMENT SYSTEMS (SFOSTS) Fee Category Health Department Fee State Fee TOTAL FEE Site Review Application SFOSTS $150.00 - $150.00 Installation Permit NEW SFOSTS $185.00 $50.00 $235.00 Installation Permit REPLACEMENT SFOSTS $100.00 $50.00 $150.00 Alteration Permit SFOSTS $60.00 $25.00 $85.00 Incremental Repair Permit SFOSTS $30.00 - $30.00 Annual Operation Permit SFOSTS $25.00 - $25.00 Abandonment Permit SFOSTS $25.00 - $25.00 Abandonment Permit SFOSTS Replacement waived - waived 7 P a g e GRAY WATER RECYCLING SYSTEMS (GWRS): TYPES 1, 2, 3, and 4 Fee Category Health Department Fee State Fee TOTAL FEE GWRS Site Review: Type 1 $75.00 - $75.00 GWRS NEW Installation Permit: Type 1 $50.00* - $50.00 GWRS REPLACEMENT Permit: Type 1 $40.00* - $40.00 GWRS ALTERATION Permit: Type 1 $30.00* - $30.00 GWRS Incremental Repair Permit : Type 1 $20.00 - $20.00 GWRS Site Review: Type 2, 3, 4 $100.00 - $100.00 GWRS NEW Installation Permit: Type 2, 3, 4 $75.00 $50.00 $125.00 GWRS REPLACEMENT Permit: Type 2, 3, 4 $60.00 $50.00 $110.00 GWRS ALTERATION Permit: Type 2, 3, 4 $40.00 $25.00 $65.00 GWRS Incremental Repair Permit : Type 2, 3, 4 $25.00 - $25.00

Annual Operation Permit $25.00 - $25.00 Abandonment Permit GWRS $25.00 - $25.00 Abandonment Permit GWRS Replacement waived - waived *A 25% late fee shall be charged when work has begun prior to a permit being issued. INSTALLERS, HAULERS, SERVICE PROVIDERS Fee Category HEALTH DEPARTMENT FEE Installer Registration $125.00* Service Provider Registration $125.00* Septage Hauler Registration $125.00* Septage Hauler Vehicle Permit (each vehicle requires a permit) $50.00 per vehicle *A 25% late fee shall be charged when work has begun prior to obtaining registration. LAND APPLICATION OF SEPTAGE Fee Category HEALTH DEPARTMENT FEE Site Review Application/Evaluation $250.00 Permit for Land Application of Septage $100.00 SYSTEM EVALUATIONS/SAMPLING Fee Category HEALTH DEPARTMENT FEE System Evaluation w/o Private Water System Evaluation $130.00 System Evaluation w/private Water System Evaluation $150.00 Fecal coliform/e. coli sample $20.00 NPDES Sampling $125.00 VARIANCE Fee Category HEALTH DEPARTMENT FEE Request for Variance $100.00 Effective Date May 1, 2015 (Applicable Fees revised April 13, 2016 due to State Fee transmittal increase) 8 P a g e

Appendix B Lorain County General Health District Operation Permit Requirements (A) Operation Permits-STS 1. Any STS installed prior to January 01, 2015 that is determined by the Board of Health to be malfunctioning and/or creating a public health nuisance (as defined in ORC 3718.011) which requires a permitted alteration or replacement shall maintain a current and continuous 1 year, annual Operation Permit upon the approved completion of the permitted alteration or replacement. 2. All STS/GWRS installed or altered after January 01, 2015 shall maintain a current and continuous 1 year, annual Operation Permit upon the approved completion of a permitted repair, replacement or installation. 3. All NPDES permitted discharge STS installed after January 01, 2007 shall maintain a current and continuous 1 year, annual Operation Permit upon the approved completion of a permitted repair, replacement or installation. These systems shall also maintain a continuous service contract with a qualified registered service provider, comply with all NPDES requirements, and sample effluent using a qualified registered service provider with samples analyzed by an accredited laboratory consistent with NPDES requirements and OAC 3701-29. 4. All 1 year, annual Operation Permits are renewable upon proof of system maintenance, compliance with 3701-29, and payment of applicable fee(s). 5. An Operation Permit shall require a service contract for any STS subject to a NPDES permit, or when required as a condition of a STS component or system approval granted by the director of health. 6. Any existing systems having an Operation Permit prior to these rules shall maintain a current and continuous 1 year, annual Operation Permit. 7. All prior installed systems will be phased (over the next ten years) into the Operation Permit program after considering risk factors such as system age, complexity, and risks to public health. 8. All STS need on-going maintenance and inspections to insure proper operation; however, not all systems require the same maintenance and inspection frequency. The LCGHD will be reviewing manufacturing, Ohio Department of Health, and LCGHD guidelines to develop inspection and maintenance frequencies. 9. In the event that a property becomes accessible to a sanitary sewer, as determined by the LCGHD, the Operation Permit in effect shall become null and void. 9 P a g e

(B) Operation Permit - Penalties Whoever fails to obtain an Operation Permit and/or service contract and/or maintenance contract with a registered service provider as required, shall be subject to a penalty fee established in 3709.09 and subject to enforcement action in accordance with 3709.091 Ohio Revised Code and 3718.08 Ohio Revised Code. (C) STS Service Provider Reporting Each STS or component thereof, required to maintain a service contract with a registered service provider shall be serviced in accordance with the Ohio Department of Health s approval under OAC 3701-29. The registered service provider shall report the systems that have been routinely serviced to the LCGHD, on a report form approved by the Ohio Department of Health. In reference to OAC 29-05(D)(17) and Revised Code 3709.09, a fee may be established by the Board of Health per STS serviced with an operation permit that shall accompany the quarterly report submission. The report and fee, if applicable, shall be due no later than thirty (30) days after a given quarter. The quarter ending dates for the purpose of these rules are March 31 st, June 30 th, September 30 th, and December 31 st. (D) Septage Hauler Disposal Reporting Septage haulers shall submit to the LCGHD the completed Ohio Department of Health approved reporting form within 30 days after completion of pumping. 10 P a g e

Appendix C Lorain County General Health District Sewage Treatment System Operation & Maintenance Management Program Plan The Lorain County General Health District (LCGHD) will implement a phased approach for the operation and maintenance management of sewage treatment systems (STS), Gray Water Recycling Systems (GWRS), and for system owner education in accordance with OAC 3701-29-19. This program is being developed to complement existing policies and programs that eliminate failing sewage treatment systems and public health nuisance conditions. For the purposes of this Plan, HSTS, GWRS, and SFOST shall be referred to equally as STS. The phases will be implemented in succession over the course of the next ten (10) years as the time necessary to fully develop and implement each new phase will be extensive. LCGHD is authorized to continue its program for the monitoring or assessment of systems which was established prior to the effective date of Chapter 3701-29-19. This will allow for existing STS owners to demonstrate the required maintenance of a system, in lieu of a Board of Health inspection, by hiring a service provider and submitting all service records to the LCGHD. Accordingly, the LCGHD has chosen a phased approach that is focused on the proper operation and maintenance of the STS by homeowners and their registered service providers in an effort to decrease and/or prevent sewage nuisance conditions that might impact surface and ground waters and the spread of disease caused by sewage. As the LCGHD has done in the past, each phase of the program will provide various types of educational opportunities including fact sheets, community meetings, website information, and other methods of communication (Facebook, Twitter, etc.). Phase I During this initial phase, the LCGHD will develop the mechanisms to notify STS owners, receive and track inspection and maintenance reports, refine the enforcement procedures, track compliance, and determine the resources necessary to fully implement the plan. Phase II This phase will occur simultaneously to Phase 1 and include new STS installations, replacements, and alterations as of January 01, 2015, and all existing STS prior to this date that have an Operation Permit. The components of Phase II will include the following: A required 1 year, annual Operational Permit and fee. A maintenance service contract with appropriate coverage for any type of STS. Submission of service reports by the Registered Service Provider in accordance with the manufacturer s maintenance requirements. Providing STS owners with educational information on the proper maintenance and use of the system. Owners of an STS with NPDES coverage shall obtain effluent sampling as required by the OEPA General Permit as applicable and obtain a service contract for their system. 11 P a g e

A database that includes the location of all STS found in the non-sewered areas of the LCGHD is essential for this component. This database shall include permit number, permanent parcel number, mailing address, and type and location of system (if available from existing files), service & maintenance contract information, and other tracking of activities associated with the STS. Both discharging and non-discharging systems will be identified and so designated. A proposed Geographic Information System (GIS) will assist in establishing discharging systems and future sampling locations. Phase III This phase is to determine if the discharging STS are impacting the quality of the water in the corresponding storm water outfall(s) and/ or surface waters. This phase will be implemented via the Municipal Separate Storm Sewer System (MS4) program. Water samples may be collected by municipalities and/or LCGHD for public health nuisance standards found in OAC 3745-1-04, or the nuisance standards in ORC 3718.011. If the water quality samples exceed the standards, inspections will be conducted on the discharging sewage systems and any on-site systems found discharging in the drainage area of the affected outfalls. Orders will be issued to owners of malfunctioning STS to correct malfunctions. Those STS owners who replace or alter their systems will be required to obtain an Operation Permit, service contract, and maintenance agreement, and will be subject to service reporting requirements. If a discharging STS is failing and is in a condition that requires replacement or can be altered to NPDES standards, then orders will be issued to upgrade and obtain coverage under the HSTS General NPDES Permit. Phase IV The last phase of this program will be to include all existing STS into the Operation and Maintenance Management Program. Extensive educational efforts will be put forth to enable implementation of this phase of the program. A systematic approach will be taken considering risk factors such as system age, complexity, and risk to public health. There will be a focus on neighborhoods with the oldest systems, particularly if nuisance conditions and water quality impacts have been documented. This systematic approach, in conjunction with the other phases, will gradually incorporate all prior installed systems into the Operation and Maintenance Management Program. 12 P a g e