Sewage Treatment Systems Rules
Amended Substitute House Bill 119 (Am. Sub. HB 119), passed by the 127th Ohio General Assembly, contains substantial amendments to the Ohio Revised Code (ORC) 3718 and the Ohio Administrative Code (OAC) 3701-29 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sewage treatment system rules adopted by the Public Health Council (PHC) that became effective on Jan. 1, 2007, were rescinded as required by the bill. The bill also enacted several un-codified provisions into state law that took effect July 1, 2007 as well as suspending sections of ORC 3718. These un-codified provisions have substantial impact on the sewage programs implemented by the Ohio Department of Health (ODH) and local health districts.
In compliance with Am. Sub. HB 119, the director of Health adopted statewide interim sewage rules (OAC 3701-29) that became effective July 2, 2007. The PHC, at its July 25, 2007 meeting, adopted these rules as minimum standards. Local health districts are responsible for code enforcement, and are permitted to adopt more stringent rules during the same time period.
Under Am. Sub. HB 119, the undcodified law provisions and the statewide interim sewage rules were set to expire July 1, 2009. Provision in the 2009 biennial budget bill (House Bill 1 of the 128th General Assembly) extended the expiration date by six months, January 1, 2010. Most recently, House Bill 363, which authorizes the Ohio Department of Agriculture Director to adopt rules under the Concentrated Animal Feeding Facilities Law, includes language that extended the suspension of sections of ORC 3718 an additional six months to July 1, 2010.
Excerpts from Am. Sub. HB 119
Ohio Revised Code 3718
Ohio Administrative Code (OAC) Chapter 3701-29
ODH provided the following guidance on Amendments to Ohio Revised Code Chapter 3718 and Am. Sub. HB 119 Law Language - Effective July 1, 2007 (guidance revised Aug. 8, 2007).
ODH Guidance to Local Health Districts and Boards of Health
Report of the Household Sewage and Small Flow On-Site Sewage Treatment System Study Commission
The Commission was created by Amended Substitute House Bill 119 of the 127the General Assembly to evaluate and discuss the methods by which Ohio would regulate household sewage treatment systems and small flow onsite sewage treatment systems and was charged with studying issues concerning them. The Commission was also required to compile a report of recommendations to the General Assembly regarding standards for the siting, design, installation, operation, monitoring, maintenance, and abandonment of household sewage treatment systems and small flow on-site sewage treatment systems for the treatment of sewage and prevention of nuisances. The final report was delivered to Governor Strickland, Senate President Bill Harris, and Speaker Armond Budish on January 7, 2009. Below is a copy of the report:
Study Commission report to the General Assembly
Reports to the Household Sewage Treatment System (HSTS) and Small Flow On-Site Sewage Treatment System (HSTS) Study Commission prepared by ODH
First Report to the HSTS and SFOSTS Study Commission
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 sewage 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 Jan. 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
Second Report to the HSTS and SFOSTS Study Commission
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 instructed 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
ODH, along with local health districts, the Ohio Environmental Protection Agency, the Ohio Department of Natural Resources, industry and many other interested parties will work through the Household Sewage and Small Flow Onsite 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 owners to assure proper sewage treatment system management for the protection of public health and the prevention of surface and ground water contamination due to failing or poorly operating systems.
National Pollutant Discharge Elimination (NPDES) Permit
Am. Sub. HB 119 requires compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements for new and replacement discharging HSTS. An installation permit for a new or replacement discharging HSTS cannot be issued by a local health district until a homeowner obtains NPDES permit coverage. For more information, visit the ODH HSTS General NPDES Permit Page.
Site and Soil Evaluation
Suitability for on-site sewage treatment must be evaluated on a site-by-site basis. The adequacy of site and soil conditions for on-site treatment needs to be determined prior to considering an NPDES discharge. When site and soil conditions are suitable, the evaluation is used to consider soil absorption system options. The following ODH Site & Soil Evaluation Form and Instructions are provided as a resource. The form may be requested in MS Excel format.
ODH Site & Soil Evaluation Form - Revised Sept. 2007
ODH Site & Soil Evaluation Instructions - Revised Sept. 2007
Last Updated: 1/13/10
Sewage Treatment Systems Program / Links
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