Adopted sewage treatment system rules - effective January 1, 2008

Sewage treatment systems in Ohio are regulated through state law, state rules, and by the local health districts who often adopt additional public health rules for use within their health district.

Chapter 3718 of the ORC is the section of law that governs sewage treatment systems in Ohio.

Section 3701-29 of the OAC is the section of state rules that governs sewage treatment systems.

Below is a list of three important dates and a description of the changes that will happen on each date.

July 1, 2010 - Sections of ORC 3718 Become Unsuspended

Amended Substitute House Bill 119 of the 127th General Assembly which passed on July 1, 2007 rescinded the newly adopted sewage treatment system rules (January 1, 2007) and suspended several sections of the sewage law. When the rules were rescinded, the original 1977 state minimum sewage treatment system rules were temporarily re-established. Since July 2007, several more bills have continued to the suspension of law while legislators met with interested parties to decide how the law should be changed. This suspension of the sewage law ended July 1, 2010.

Several portions of state law are now valid that can affect homeowners and sewage system installers. The law allows the prosecuting attorney to take legal action against any person who is violating the sewage treatment system law or conditions of a registration or permit, and the court may now assess a civil penalty of up to $100.00 a day. The law also states persons who purposely violate the sewage law shall be fined up to $1,000.00 dollars a day by the local health department.  Sewage treatment installers, service providers or septage haulers operating in Ohio are required to register with local health districts prior to installing or altering a system and a permit must be obtained prior to beginning work on a system. The law now provides that any registrations or permits that are submitted late are subject to a late fee of 25% of the registration or permit amount.

September 17, 2010 - Provisions of Sub. Senate Bill 110 Become Effective

Substitute Senate Bill 110 was passed by the Ohio Senate and House of Representatives in June, 2010 and signed into law by Governor Strickland on June 18, 2010. This bill became effective September 17, 2010. On September 17th, several sections of the sewage law will be changed. These changes include:

* Definitions for public health nuisance, bedrock, gray water recycling, infiltrative surface, soil, vertical separation distance, and water table, and inspection.

* Approval of sewage treatment systems that are not creating a public health nuisance.

* Sub. SB 110 requires that new statewide rules be written and adopted after January 1, 2012.

* Applications for installation permits (health department approval of a design or system type for a site) accepted prior to January 1, 2012 are valid for three (3) years from the date of submission of a complete application.

* An installation permit issued by a local board of health prior to January 1, 2012 is valid through January 1, 2013 unless extended for six (6) months by the board. Permits issued after January 1, 2012 will be valid for a period of time to be specified in the newly written rules.

* The establishment of a sewage treatment system appeals board as an alternative appeals process for those homeowners who want to appeal the decision of a board of health an do not want to go through the court of common pleas process.

January 1, 2012 - New Rules Adopted by the State of Ohio

Sub. SB 110 requires that new statewide rules be adopted no sooner than January 1, 2012 and that these rules require the following:

* Require a site evaluation for a proposed installation of a sewage treatment system.

* Allow for the progressive alteration or repair of a failing system.

* Include specifications for vertical separation distances (VSD) or the thickness of soil required at a site beneath the soil absorption component (leaching trench, mound, drip tubing, chamber, etc.) to treat the sewage effluent.

* Include reductions for required VSD (soil depth credits) including subsurface drains (perimeter, interceptor or engineered), pretreatment of sewage, and soil elevation.

* Allow local health districts to petition the Ohio Department of Health to approve an increase in the VSD.

* Establish requirements for the reasonable maintenance of systems.

* Require statewide bonding for installers, service providers, and septage haulers as a condition of registration, and requires a cost methodology in rules to set the bond and local registration fee amounts.

* Require standards for the inspection of septage hauling tanks.

* Ensure that all types of septic and related tanks are structurally sound and watertight.

* Require local boards of health to give notice and opportunity for a hearing regarding board of health actions.

Existing rules to consider with your new sewage systems:

If you qualify 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.

Some new systems will require written contracts for maintenance at specified intervals by a service provider.