Recent changes to Ohio Revised Code (ORC) Chapter 3718 (Home Sewage and Small Flow Systems) became effective on September 17, 2010 under sub. Senate Bill 110. Many of these changes reflect the recommendations of the Household Sewage and Small Flows on-Site Sewage Treatment System Study Commission provided in 2009.  Some provisions of this bill will be implemented through administrative rules adopted by the Public Health Council no sooner than January 1, 2012 as required by the bill. Other provisions of the bill are now effective. 

Ohio Revised Code Chapter 3718 

The Ohio Department of Health (ODH) has prepared information on the recent changes to the sewage law to assist homeowners, local health districts, the regulated community, and interested parties. Please click on the link below to access the information:

LHD Information on Sub. SB 110
Contractor Information on Sub. SB 110
Homeowner information on Sub. SB 110

The recent changes to law regarding home and small flow sewage treatment systems allow the ODH to move forward with the development of new statewide sewage rules. It is important to note that the current version of the Ohio Administrative Code (OAC) Chapter 3701-29 has not changed and will remain in effect until new rules are adopted after January 1, 2012. The current version of OAC Chapter 3701-29 can be accessed here. In addition, more stringent local health district rules that have been adopted since the state rule change in 2007, also remain in effect until new state rules are adopted after January 1, 2012. All existing sewage treatment system approvals and special device approvals authorized by the Director of Health remain approved until new rules are adopted.  The requirements for obtaining coverage under the General Household National Pollutant Discharge Elimination System (NPDES) permit for replacement discharging systems is still required and the list of approved systems and required steps for system approval have not been changed (please refer to the NPDES Web page for more information).

Ohio Administrative Code Chapter 3701-29

Sewage Treatment Systems Rule Advisory Committee

ODH has established a Sewage Treatment Systems Rule Advisory Committee (RAC) to provide comment and help develop consensus on the proposed rules.  ORC Section 3718.02 (A) establishes the authority for rules by the Public Health Council.  This section of law also identifies the scope and content of the rules as related to the standards for the siting, design, installation, operation, monitoring, maintenance and abandonment of sewage treatment systems.  ODH and the RAC will follow the requirements in law for the development of the new rules.

RAC member list
Sewage Treatment System Rule Development Process 

The RAC has established a regular schedule of meeting times, and the meetings are open to the public.  Access to the meetings are also being provided via the web.  Beginning in January, 2011, the RAC will meet on the fourth Thursday of each month for rule concept discussions, and also on the second Thursday of each month to discuss comments on specific rule language.  The "Meeting Schedule & Live Meeting Access" link below provides a listing of meeting dates and times, agendas, live meeting log-in access, locations, and proposed topics to be discussed. The second link below is a robust schedule of what topics are planned for discussion at all of the meetings.  This is subject to change since time restraints may not allow for the RAC to address all planned topics for a particular meeting.  When a meeting approaches, an agenda and topics for that meeting will be posted under its date as well as access to listen to the live meeting.  Later, the recording of that meeting will be posted for future access. 

RAC Meeting Schedule & Live Meeting Access
RAC discussion topics per meeting
Instructions to access--live meeting recordings of the RAC

ODH will adopt new statewide rules after January 1, 2012 in accordance with state law.  The RAC will continue to meet and discuss rule issues and rule drafts through this time period or until a first draft is ready for public review and comment.  All statewide sewage rule drafts will be posted on the ODH draft rule Web page. After the first draft rules are posted, comments will be reviewed by ODH and the RAC, and the rules will be revised in response to comments.  Any subsequent drafts will also be posted on the Web page, and the final draft will be posted for a 60 day review period as required by law prior to introduction to the Public Health Council to begin the rule adoption process.

Draft Rules for Review 

DRAFT SEWAGE RULES UPDATED FEB 2012         

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 127th 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. House Bill (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 (HSTS) 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 worked through the Household Sewage and Small Flow Onsite Sewage Treatment System Study Commission whose directive was 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
ORC 3718 requires compliance with 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

Please contact the Residential Water and Sewage Program for questions or additional information:

Web:  BEH@odh.ohio.gov

Phone:  (614) 466-1390

Fax:  (614) 466-4556

Sewage Treatment Systems Program / Links