Adopted sewage treatment system rules - effective January 1, 2008

As you may already know, amended Substitute House Bill 119 (Am. Sub. HB 119), passed by the 127th 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The sewage treatment system rules adopted by the Public Health Council that became effective on Jan. 1, 2007, have been rescinded as required by the bill.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 enacted several uncodified provisions into state law that took effect July 1, 2007.  These 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.  

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. Locally, the Defiance County General Health District adopted the state interim rules and included the vertical separation distance from the water table as required in the law; 

SECTION 120.02: “….a board of health or the authority having the duties of a board of health shall adopt standards establishing requirements for separation distances from a water table and soil absorption requirements based on the water table and soils in the applicable health district for purposes of the installation and operation of household sewage treatment systems and small flow on-site sewage treatment systems in the applicable health district.” 

New and replacement discharging household sewage systems are now required to obtain National Pollution Discharge Elimination System (NPDES) permits from the Ohio Environmental Protection Agency (OEPA). The outlet tiles for any off-lot discharging system must have recorded easements. If discharging to a roadside tile, the owner must receive written permission from the agency responsible for the maintenance of that tile.  

All building sites in areas where public sewers are not available must be approved for a sewage disposal system by the health department prior to construction. The registered installer must first submit a "detailed site plan".  After the site plan is received, you will receive instructions as to how to get the site and soil evaluated for the proper septic system.

Factors such as soil type, easements, slope, and lot size determine the HSTS that is approved for a site. After the soil evaluation is completed, you must contact a designer to design a proper septic system.  All designs are subject to approval by the health department. Once the design of the system is approved by the health department, an approval letter will be mailed to the owner. This letter and ‘Form D’ must be taken to the appropriate  zoning inspector for their signature. Return "Form D" and copies of any required easements to the health department to obtain the sewage permit. 

Additional key information regarding sewage treatment systems:

Alteration/ "Alter"- means to change by making substantive replacements of, additions to, or deletions in the design or materials or to change the location of an existing sewage treatment system. For the purposes of this chapter, the terms "alter" or "alteration" shall not include the replacement of an existing sewage treatment system or the repair of a sewage treatment system by making minor corrections to existing components or substituting parts of a component.

Replacement Homes - Anytime a dwelling is replaced with another dwelling, the septic system must be inspected by the Health Department prior to being occupied. If the system does not meet health codes, the system will need to be updated. In addition, the health department must be notified of any remodeling or additions made to an existing house.

Common Tiles - By resolution of the Board of Health, as of September 1, 2000, common tiles are no longer allowed for sewage drainage for new construction.

Road cuts/excavations - Road cuts or excavations, or work done in the road "right-of-way" must have prior approval of the County Engineer - 419-782-4751

Abandonment - When public sewer systems become available to a property, the homeowner will be required to properly abandon the existing system and connect to the public sewer.

Appeal - You have the right to make an official appeal to the Board of Health for a variance under the rules governing HSTS.

Septic Maintenance -  Proper disposal of septage is important to our environment and health. Private septic systems are temporary systems, they will not last forever and do require maintenance. Pumping your septic tank is one of the best and least inexpensive means in which to maintain your septic system. Septic tanks should be pumped every 3 to 5 years. Cleaning frequency depends on household size and water use. If you use a garbage disposal, cleanings may need to be done yearly.  Click here for a list of  Septic Tank Pumpers  Some septic systems have a diversion valve that divides the secondary treatment in half, the valve should be turned once a year.  There are several different systems that have been installed over the years. The Defiance County Health Department may have a copy of your permit on file, or we are available to assist in finding information about your system.