Sewage Treatment Systems

Changes to the Sewage Treatment Systems Law and Rules

Amended Substitute House Bill 119 (Am. Sub. HB 119), passed by the 127^th General Assembly, contains substantial amendments to the Ohio Revised Code (ORC) and the Ohio Administrative Code (OAC) regarding the regulation of household and small flow on-site sewage systems in Ohio.  The sewage treatment system rules adopted by the Public Health Council that became effective on Jan. 1, 2007, have been rescinded as required by the bill.  The bill also enacts several uncodified provisions into state law that take effect July 1, 2007.  These uncodified provisions are effective until July 1, 2009, and have substantial impact on the sewage programs implemented by the Ohio Department of Health (ODH) and local health districts. 

Excerpts from Am. Sub. HB 119

Am. Sub. HB 119 suspended operation of most portions of ORC Chapter 3718, the sewage law, until July 1, 2009.  This law, which had allowed for continued state oversight and the ability in the future to effectively treat sewage for homes and businesses not served by public sewer systems, is suspended in the interim.  During this time, further work and research will be done to assess the available technologies, consider the current types of systems and rates of failure across Ohio and determine the best ways to ensure that future systems achieve treatment of sewage to protect the public health, the environment and homeowners' investment in their property in a cost-effective manner.

In compliance with Am. Sub. HB 119, the director of Health adopted statewide interim sewage rules effective July 2, 2007.  The Public Health Council, at its July 25, 2007 meeting, adopted these rules as minimum standards through July 1, 2009.  Household sewage disposal systems (HSDS) serving one-, two-, or three-family dwellings and small flow on-site sewage treatment systems (SFOSTS) are regulated under OAC Chapter 3701-29 as minimum standards.  Local health districts are responsible for code enforcement, and are permitted to adopt more stringent rules during the same time period.

Reports Prepared by ODH as required by Am. Sub. H.B. 119

Section 737.12. (A) of Am. Sub. H.B. 119 required the director of Health to issue a report to the Household Sewage and Small Flow On-Site Sewage Treatment study Commission created in Section 737.11 of this act that includes recommendations regarding standards for the siting, design, installation, operation, monitoring, maintenance and abandonment of household sewge treatment systems and small flow on-site sewage treatment systems.  The recommendations include information concerning the cost and state of technology currently utilized in household sewage treatment systems and small flow on-site sewage treatment systems and the nature and economics of available alternatives to that technology.  The Director was required to issue the report to the Commission not later than January 1, 2008.  The links below provide access to an executive summary, the full report and appendices of the report.

Executive Summary
Report 1
Appendices 1, 2 and 5

Appendix 3
Appendix 4

Am. Sub. H.B. 119 also required the director to prepare and submit a second report under section 737.12 (B) no later than June 1, 2008.  For this report, the director was required to conduct a survey of boards of health in this state concerning household sewage treatment system operations and the failure rates of those systems.  Boards of health were instruced to provide relevant information pertaining to the household sewage treatment system program to assist with completion of the survey.

Report 2 - Survey of Household Sewage Treatment Systems Operation and Failure Rates in Ohio
 

Through July 1, 2009, ODH along with local health districts, the Ohio Environmental Protection Agency, the Ohio Department of Natural Resources, industry and with many other interested parties will work through the Home Sewage and Small Flow Onsite System Sewage Treatment System Study Commission whose directive is to recommend efficient and effective ways to treat sewage to ensure protection of public health with consideration of economic impacts.

ODH will continue to work with local health districts and others to collect data regarding the performance of traditional and new technology systems in Ohio.  Past surveys show more than 25 percent of sewage systems in Ohio experience failure related to performance and treatment.  Research will be conducted on how other states in the Midwest have addressed these same issues of balancing proper treatment and performance against cost.  ODH intends to provide quality data to determine the best course of action regarding sewage treatment for homes and small businesses to effectively protect our streams, lakes and ground water supplies.

ODH will continue to work in partnership with local health districts, industry professionals, academia and sewage treatment system (STS) owners to assure proper STS management for the protection of public health and the prevention of surface and ground water contamination due to failing or poorly operating systems.

Please use the sidebar links to access the following STS Program information:


Approved Systems and Components

Product Review

STS Rules

·         Chapter 3701-29 of the Ohio Administrative Code

·         HSTS General NPDES Permit information

·         Site and Soil Evaluation Form and Instructions

STS Resources

Technical Advisory Committee (TAC)

Small Flow On-site Sewage Treatment Systems (SFOSTS)

·         Fact Sheet on SFOSTS

·         List of Local Health Districts Having SFOSTS Authority

·         Definition of SFOSTS 
 

Publications

·         Fact Sheets

·         Operation and Maintenance Information

Mailing Address:
Ohio Department of Health
Sewage Treatment System Program
246 North High Street
Columbus, OH 43215

Telephone: (614) 466-1390
Fax: (614) 466-4556
E-mail: BEH@odh.ohio.gov

Last Updated: 1/15/08

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