reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.12 | Orderly Development and Beneficial Use of the Water Resources.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
The board of directors of a watershed district, for the purpose of assisting to obtain the orderly development and the most beneficial use of the water resources within the territorial boundaries of the district, may:
(A) Review and recommend plans for the development of the water resources within the territorial boundaries of the district;
(B) Recommend appropriate means to resolve water conflicts among water user interests and between geographic areas within the territorial boundaries of the district;
(C) Make studies and review plans relative to the development of water resources of the district, hold hearings thereon, and make such recommendations as are consistent with the beneficial use of water within the district;
(D) Prepare a comprehensive plan for the development and control of the water resources within the district for the purpose of promoting the beneficial use of water within the district which plan shall be submitted to the environmental protection agency;
(E) Counsel with public agencies or private interests seeking advice and assistance relative to the beneficial use of water within the district;
(F) Assist governmental agencies and private interests in the planning and development of water resources within the district;
(G) Have access to all information, statistics, plans, and data relative to the water resources of the district which any governmental agency has available;
(H) Make contracts with any person or agency for the purpose of carrying out sections 6105.01 to 6105.21 of the Revised Code;
(I) Designate specific reaches in the channel of any watercourse, within the territorial boundaries of the district, as a restricted channel and any specific area appurtenant to a restricted channel as a restricted floodway under section 6105.131 of the Revised Code;
(J) Issue permits authorizing the construction, change, or alteration of a structure or obstruction in a restricted channel or relocation, alteration, restriction, deposit, or encroachment into or change of grade of a restricted channel or floodway under section 6105.133 of the Revised Code;
(K) Petition for the creation of a conservancy district or conservancy subdistrict under section 6101.05 or 6101.71 of the Revised Code.
Last updated October 21, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.13 | Notification of Board of Work That May Affect Public Water Supply.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 202 - 105th General Assembly
Whenever any person or governmental agency plans to construct or alter any dam, reservoir, or storage basin, for the purpose of storing, conserving, or diverting water, or plans to drill, bore, or dig, a well or wells to provide water for a public water supply, within the territorial boundaries of a watershed district, such person or agency shall, before such construction or alteration or the drilling, boring, or digging of such well is authorized, notify the board of directors of the watershed district, in writing, of such plans. Such notice shall briefly describe such plan, its location, and the purpose for which it is intended.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.132 | Filing Designation of Restricted Channel With County Engineer.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
When the board of directors of a watershed district has adopted a resolution under section 6105.131 of the Revised Code, designating a specific reach of a channel of a watercourse as a restricted channel or a specific area as a restricted floodway, it shall cause a copy of such resolution and a map and a description of the boundaries of such restricted channel or restricted floodway to be filed in the office of the county engineer of each county in which such restricted channel or restricted floodway is located. Each county engineer shall maintain a restricted channel and restricted floodway record in which shall be placed all resolutions, maps, and descriptions pertaining to restricted channels and restricted floodways filed with the county engineer under this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.133 | Written Consent Required to Affect Restricted Channel or Floodway.

Effective:
March 18, 1969
Latest Legislation:
House Bill 1 - 108th General Assembly
No person or governmental agency, except a conservancy district or subdistrict thereof organized under Chapter 6101. of the Revised Code, shall construct any structure or obstruction, or make or permit to be made any change or alteration in any structure or obstruction in a restricted channel or restricted floodway, or relocate, alter, otherwise restrict, deposit into, encroach upon, or change the grade of a restricted channel or restricted floodway without first receiving the written consent of the board of directors of the watershed district in which such restricted channel or restricted floodway is located.
Application for such written consent shall be filed with the secretary of the board and shall be accompanied by plans, profiles, specifications, and such other information as the board may require.
The board shall, within sixty days of the date of receipt of such application, grant or refuse its consent to such construction, change, alteration, relocation, deposit, encroachment, or change of grade or may incorporate in and make a part of its consent such conditions, regulations, or restrictions as it deems advisable.
In the event the board refuses to grant its consent to such construction, change, alteration, relocation, deposit, encroachment, or change of grade in a restricted channel or restricted floodway as set forth in the application filed under this section or makes a part of its consent conditions, regulations, or restrictions not included in the original application, it shall make a finding that the construction, change, alteration, relocation, deposit, encroachment, or change of grade as set forth in the application filed under the second paragraph of this section will restrict the capacity of such restricted channel or efficiency of the restricted floodway so as to constitute an unreasonable hazard to the safety of life and property in times of flood and so notify, in writing, the person or governmental agency which made the application for such consent.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.134 | Appeal of Refusal of Consent.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
In the event the board of directors of a watershed district, under section 6105.133 of the Revised Code, refuses to give its consent to the construction, change, alteration, relocation, deposit, encroachment, or change of grade in a restricted channel or restricted floodway or makes a part of its consent conditions, regulations, or restrictions not included in the original application for such consent, the person, or governmental agency making the original application for such consent may appeal, on questions of law and fact, from the decision of the board to the court of common pleas of the county in which the structure or obstruction or other works referred to in such application is or is to be located.
Such appeal shall be filed within fifteen days from the receipt of the written notice under section 6105.133 of the Revised Code.
The court shall conduct a hearing on such appeal and shall give it preference over all other civil cases irrespective of their position on the calendar of the court. The hearing shall proceed as in the trial of civil actions.
The court may affirm, reverse, or modify the decision of the board appealed from and the judgment of the court shall be final and conclusive unless reversed, vacated, or modified on appeal. The court shall certify its judgment to the board and upon receipt of such judgment, the board shall take action in accordance with such judgment.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.14 | Annual Report of Proceedings.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
Annually the board of directors of a watershed district shall prepare and publish a report of its proceedings during the preceding calendar year. Such report shall contain a summary of the hearings held by the board, the recommendations of the board resulting from such hearings, and any suggestions or recommendations which the board may deem pertinent to the orderly development and beneficial use of the water resources of the district.
A copy of such report shall be filed with the board of county commissioners of each watershed county, the environmental protection agency, and with the legislative authority of each municipal corporation containing territory within the territorial boundaries of the district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.15 | Expenditure Budget.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
On or before the first day of June of each year, the board of directors of a watershed district shall submit to the board of county commissioners of each watershed county an expenditure budget for the watershed district for the next succeeding calendar year.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.16 | Budget Meeting.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
Annually, within thirty days after the expenditure budget of a watershed district has been submitted to the boards of county commissioners under section 6105.15 of the Revised Code, the president of the board of county commissioners of that county or part of a county with a population within the territorial boundaries of the district, according to the last federal census, greater than that of any other county or part of a county within such district, shall call a meeting of the president or duly authorized representative of the board of county commissioners of each watershed county for the purpose of adopting an expenditure budget for the district for the next succeeding calendar year and of appointing a member to the board of directors of the district to fill the vacancy which has or will occur as a result of the expiration of a term of a member of the board.
Such meeting shall be called by sending a written notice thereof to such presidents or representatives, at least ten days before the date of the meeting, stating the time and place where the meeting will be held.
The president of the board of county commissioners required to call the meeting under this section shall act as a chairman of the meeting.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.17 | Adoption of Annual Expenditure Budget.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
At the annual meeting called under section 6105.16 of the Revised Code the president or duly authorized representative of the board of county commissioners of each watershed county shall, by a majority vote of those present, adopt an expenditure budget for the district for the next succeeding calendar year. The amounts of the budget adopted under this section may be more or less than the amounts contained in the budget submitted under section 6105.15 of the Revised Code.
The total amount of such budget shall be apportioned among the several watershed counties in the ratio that the taxable value of the real and personal property within such county and within the territorial boundaries of the district bears to the taxable value of all real and personal property within the territorial boundaries of the district, but the ratio for such apportionment need not be calculated more often than once every five years.
The amount of such budget so apportioned to each county shall be included in the budget of each county submitted to its budget commission under section 5705.28 of the Revised Code and in the appropriation resolution of the county for the next succeeding calendar year.
The county auditor of each such county shall, after the passage of the appropriation measure for his county, draw his warrant on the treasurer of the county, payable out of moneys to the credit of the general fund of the county so appropriated, to the order of the watershed district for the amount so appropriated, and shall deliver such warrant to the secretary-treasurer of the district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.18 | Dissolution of Watershed District.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
At any time after the third year following the creation of a watershed district a referendum may be held on the question of dissolution of the district. The question of dissolution of a watershed district may be presented to the electors within the territorial boundaries of the district, at any general election, by the filing of a petition, signed by at least two hundred qualified electors residing within the territorial boundaries of the district, with the board of elections of that county or part of a county with a population within the territorial boundaries of the district, according to the last federal decennial census, greater than that of any other county or part of a county within the territorial boundaries of the district.
Such petition shall be filed with such board not later than four p.m. of the ninetieth day before the day of the general election at which such question is to be presented to the electors.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.19 | Contents of Petition to Dissolve District.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 202 - 105th General Assembly
A petition filed under section 6105.18 of the Revised Code shall contain:
(A) The name of the watershed district it is proposed to dissolve;
(B) A statement that the signers of the petition request that the question of the dissolution of the district be presented to the electors within the territorial boundaries of the district at the next general election.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.20 | Board of Election Duties.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
The board of elections with which a petition has been filed under section 6105.18 of the Revised Code, after determining that the petition is in proper form and is signed by at least two hundred qualified electors residing within the territorial boundaries of the watershed district, shall, on or before the ninetieth day before the day of the election at which the question of dissolving the district is to be submitted to the electors, certify to the board of elections of each watershed county the question of whether or not the district shall be dissolved.
The board of elections of each of such counties shall place such question on the questions and issues ballot, to be voted at such election by the electors of the county residing within the territorial boundaries of the district, by placing on such ballot the words "For continuing the existence of (name of the district to be here inserted)" and "Against continuing the existence of (name of the district to be here inserted)," with a square before each proposition and a direction to record the vote in the square before one or the other of said propositions as the voter favors or opposes the dissolution of the district.
The vote on the question of the dissolution of the district shall be counted and canvassed in the same manner as the vote for candidates for district office are counted and canvassed.
The board of elections with which the petition was originally filed shall certify the results of such election.
If a majority of the electors voting upon the proposition vote against continuing the existence of the district, the district shall be dissolved as of the thirty-first day of December immediately thereafter.
If a majority of the electors voting upon the proposition vote for continuing the existence of the district, no further referendum shall be held on the same proposition for a period of three years.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.21 | Distributing the Assets Following Dissolution.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
Within ten days after a board of elections, under section 6105.20 of the Revised Code, has certified that a majority of the electors voting on the proposition have voted against continuing the existence of a watershed district, the secretary of the board of directors of the district shall call a special meeting of the board for the purpose of distributing the assets of the district. At such meeting the board shall determine the value of the assets of the district and provide for their distribution among the several watershed counties, in the ratio that the taxable value of the real and personal property within such county and within the territorial boundaries of the district bears to the taxable value of all real and personal property within the territorial boundaries of the district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.22 | Injunction.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
In the event of any violation of sections 6105.01 to 6105.21, inclusive, of the Revised Code, or the imminent threat thereof, the board of directors of a watershed district in which such violation has occurred or is threatened, or the owner of any property who would be especially damaged by such violation, in addition to any other remedies provided by law may institute and prosecute a suit for injunction to prevent or terminate such violation or correction of a condition constituting or threatening to constitute such a violation.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6105 | Watershed Districts › Section 6105.99 | Penalty.

Effective:
December 14, 1967
Latest Legislation:
House Bill 791 - 107th General Assembly
Whoever violates section 6105.13 or 6105.133 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars. Each day upon which such violation occurs or continues may constitute a separate offense.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.02 | Public Water System Exemptions.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
Except for section 6109.05 of the Revised Code, Chapter 6109. of the Revised Code does not apply to a public water system which meets all the following conditions:
(A) Consists only of distribution and storage facilities and does not have any collection and treatment facilities;
(B) Obtains all of its water from, but is not owned or operated by, a public water system;
(C) Does not sell water to any person, as determined by the director of environmental protection;
(D) Is not a carrier which conveys passengers in interstate commerce.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.03 | Purpose of Safe Drinking Water Statutes.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
The purpose of Chapter 6109. of the Revised Code is to protect the public health and welfare and to enable the state to assume and retain primary enforcement responsibility under the Safe Drinking Water Act.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.05 | Plan for the Provision of Safe Drinking Water in Emergencies.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
(A) The director of environmental protection shall adopt a plan for the provision of safe drinking water in emergencies. For purposes of this section "emergency" means an imminent and substantial danger to human health.
(B) Whenever the director determines that a water supply emergency exists requiring immediate action to protect the public health or welfare and the owner or operator of a public water system has not taken such action, he shall issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet the emergency. Such order shall be issued upon written or oral notice, as may be reasonable under the circumstances, and may be issued without prior hearing. Such order shall take effect immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the director within ten days after receipt of the order shall be afforded a hearing as soon as possible, and not later than twenty days after such application. On the basis of such hearing, the director shall continue such order in effect, revoke it, or modify it. No such emergency order shall remain in effect for more than ninety days after its effective date, except that the director may extend the effectiveness of the order for additional periods, not to exceed ninety days in any extension, if the emergency condition still exists on the date of extension.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.06 | Water Use Advisory.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
Whenever the director of environmental protection determines that use of water from a public water system presents a threat to the health of persons using such water, he may issue a "water use advisory" alerting the owner, operator, or users of such system of the threat and advising that the use of the water be discontinued or that the water be boiled or otherwise treated to render it safe for use. The director may order the owner or operator of such system to notify its users, or potential users, of the water use advisory by newspaper or other means and to provide notification to radio and television stations.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.071 | Decrease in Public Water System Pumping Rates.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section and section 6109.072 of the Revised Code:
(1) "Public water system well" means a well for use by a public water system.
(2) "Well" means any excavation by digging, boring, drilling, driving, or other method for the purpose of removing ground water from an aquifer. "Well" does not include a private water system well or a monitoring well.
(B) The director of environmental protection may require a public water system to decrease its pumping rates if either of the following applies:
(1) The public water system is pumping at a rate that is drawing or has the potential to draw contaminants into the public water system or a public water system well.
(2) The chief of the division of water resources in the department of natural resources revokes, suspends, or amends a permit issued under section 1521.29 or 1522.12 of the Revised Code or requires a decrease in withdrawal with respect to either such permit.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.08 | Owner or Operator to Provide Financial Assurance.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) The director of environmental protection shall not approve plans for construction, installation, or substantial modification of a community water system that serves fewer than five hundred service connections, or any part of such a system, except a system owned and operated by a public entity or a system regulated by the public utilities commission, unless the owner or operator of the system or part thereof has provided financial assurance, in a form acceptable to the director, in an amount equal to fifteen per cent of the cost of the system or part thereof owned by the owner or operator, but not to exceed one hundred thousand dollars.
(B) If a system for which f inancial assurance is required under division (A) of this section is not properly constructed, maintained, repaired, or operated, the director may order the owner or operator of t he system or part thereof to correct the deficiencies, and shall authorize the use of m oney from the financial assurance as necessary to enable compliance with the order. When money from the financial assurance is used, the owner or the operator of t he system or part thereof shall replace such money within six months of its use.
(C) For purposes of this section, "community water system" means a public water system that serves at least fifteen service connections used by year-round residents or t hat regularly serves at least twenty-five year-round residents.
For purposes of this section, "public entity" means the federal government, the state, any political subdivision, and any agency, institution, or instrumentality thereof.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.11 | Investigation of Complaints of Impure Water.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
Whenever any person files with the environmental protection agency a complaint, in writing, setting forth that it is believed that water provided by a public water system is impure and dangerous to health or does not contain quantities of fluoride as required by section 6109.20 of the Revised Code, the director of environmental protection shall forthwith inquire into and investigate the conditions contained in the complaint.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.12 | Public Water System Analyses.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
Every owner or operator of a public water system shall have analyses of the water made at such intervals and in such manner as may be ordered by the environmental protection agency. Records of the results of such analyses shall be maintained and reported as required by the agency.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.13 | Approval of Connections to Public Water System.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
No official, officer, or employee in charge of or being employed in the maintenance and operation of a public water system and no other person, firm, or corporation shall establish or permit to be established any connection whereby water from a private, auxiliary, or emergency water system may enter the public water system, unless such private, auxiliary, or emergency water system, and the method of connection and use of such system, has been approved by the environmental protection agency.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.14 | Notification of Danger of Contamination - Hearing.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
When the director of environmental protection finds, upon investigation, that water in a public water system is subject to the danger of contamination by reason of unsatisfactory location, protection, construction, operation, or maintenance of the system, or by reason of the existence of an unsafe emergency system or connection to an unsafe private or auxiliary system, or if the director finds upon investigation that the public health is endangered by reason of the existence of an inadequate public water system, or that the system does not contain quantities of fluoride as required by section 6109.20 of the Revised Code, he shall notify the municipal corporation, county, public institution, or person, owning or operating such public water system of his findings and of the time and place, when and where a hearing may be had. Such notice shall be by personal service, or shall be sent by certified mail to the mayor or managing officer or officers of the municipal corporation, county, or public institution or to the person owning or operating such supply.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.15 | Improvements, Corrections, and Changes to Prevent Contamination.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
After the hearing provided for in section 6109.14 of the Revised Code, if the director of environmental protection determines that improvements or changes are necessary and should be made, the director shall order the mayor or managing officer or officers of the municipal corporation, county, or public institution or other person owning or operating a public water system to make improvements, corrections, and changes in the location, protection, construction, operation, or maintenance of the system satisfactory to the director, so as to prevent the contamination of the water or to provide a system not subject to the danger of contamination, or to provide a system adequate to avoid endangering the public health or to provide required quantities of fluoride. Notice of the director's order shall be made by personal service upon or by certified mail to the mayor or managing officer or officers of the municipal corporation, county, or public institution or to the officials, corporation, partnership, or person to whom the order applies.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.16 | Writ of Mandamus.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
If the responsible officers of a municipal corporation, county, or public institution fail to submit to the director, within ninety days after receipt of notice of an order of the director of environmental protection under section 6109.15 of the Revised Code, plans for compliance with the order, or fail to perform any act required of them by such order within a reasonable time, the order may be enforced by a writ of mandamus issued by any court authorized to issue such writ.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.17 | Funds for Safe Drinking Water Systems.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
The legislative authority of each municipal corporation, or the department or officer having jurisdiction to provide for the raising of revenue by tax levies, sales of bonds, or otherwise shall take all steps necessary to secure the funds for any purpose set forth in sections 6109.11 to 6109.20 of the Revised Code. When the funds are secured, or the bonds therefor have been sold, such funds shall be considered as in the treasury and appropriated for such particular purpose, and shall not be used for any other purpose.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.18 | Emergency Bonds to Fund Safe Drinking Water Improvements.

Effective:
October 30, 1989
Latest Legislation:
House Bill 230 - 118th General Assembly
If the director of environmental protection determines that the municipal corporation is unable to comply with section 6109.17 of the Revised Code by reason of existing debt and tax limitations, the director may find that an emergency exists requiring the immediate issuance of bonds. When such finding is approved by the tax commissioner and is certified to the taxing authority of the municipal corporation, it shall issue bonds, or notes in anticipation thereof, and such bonds or notes shall be outside the limitations provided by section 133.05 of the Revised Code. The debt charges on bonds issued under order of the director outside the limitations prescribed by section 133.05 of the Revised Code shall be outside the one per cent limitation prescribed by Section 2 of Article XII, Ohio Constitution.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.19 | Additional Charges for Water Supply to Pay for Improvements.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
Where an order of the director of environmental protection to a person owning and operating a public water system whose rates are regulated by the public utilities commission is final and it is claimed by such person that the revenues derived from the operation of such system is not sufficient to warrant the expense of making the improvements or changes so ordered, an application may be made to the public utilities commission for authority to make and collect additional charges from the water consumers and users of the utility's service. Upon the filing of such application the commission shall fix a time for the hearing thereof and give notice thereof to the mayor of the municipal corporation and the director. If upon hearing the commission finds that the rates theretofore authorized to be charged will not provide revenue sufficient to operate said system and make a reasonable return upon the investment after such improvements and changes are made, it shall by order authorize the collection of such additional charges and compensation as may be just and reasonable.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.20 | Maintaining Fluoride Content of Public Water Supply.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
If the natural fluoride content of supplied water of a public water system is less than eight-tenths milligrams per liter of water, fluoride shall be added to such water to maintain fluoride content of not less than eight-tenths milligrams per liter of water nor more than one and three-tenths milligrams per liter of water beginning:
(A) On or before January 1, 1971, for a public water system supplying water to twenty thousand or more persons;
(B) On or before January 1, 1972, for a public water system supplying water to five thousand or more persons, but less than twenty thousand persons.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.23 | Administrative Assessment and Collection of Monetary Penalties for Failure to Comply With Safe Drinking Water Rules.

Effective:
November 26, 1997
Latest Legislation:
House Bill 321 - 122nd General Assembly
To the extent required by the Safe Drinking Water Act, the director of environmental protection may adopt, amend, and rescind rules pursuant to section 6109.04 of the Revised Code providing for the administrative assessment and collection of monetary penalties for failure to comply with this chapter or rules adopted under it. For public water systems serving populations of more than ten thousand, a monetary penalty assessed under this section shall be not less than one thousand dollars for each day of each violation, but in no case shall the total amount of monetary penalty exceed ten thousand dollars per violation. For public water systems serving populations of ten thousand or fewer, the rules adopted under this section shall establish a methodology for calculating the monetary penalty based on the size of the system, the threat to public health presented by the failure to comply, and other factors that may be necessary to ensure compliance with this chapter and rules adopted under it, but in no case shall the total amount of monetary penalty exceed two thousand five hundred dollars per violation. For the purposes of this section, the director may require the submission of compliance schedules and related information.
Any orders, payments, sanctions, or other requirements imposed pursuant to rules adopted under this section are in addition to any other orders, payments, sanctions, or requirements issued or imposed under this chapter and rules adopted under it and shall not affect any civil or criminal enforcement proceedings brought under this chapter, rules adopted under it, or any other state or local law. Moneys collected pursuant to this section shall be credited to the drinking water protection fund created in section 6109.30 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.30 | Drinking Water Protection Fund.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) There is hereby created in the state treasury the drinking water protection fund, which shall be administered by the director of environmental protection. The fund shall consist of moneys distributed to it and shall be used for all of the following purposes:
(1) Administration of this chapter and rules adopted under it;
(2) Administration in this state of the Safe Drinking Water Act;
(3) Provision of technical assistance to public water systems in this state for the purposes of this chapter and rules adopted under it;
(4) Special studies conducted by the director for the monitoring and testing of drinking water quality in this state;
(5) Support of programs for the prevention of contamination of surface and ground water supplies in this state that are sources of drinking water.
(B) The director may expend not more than two hundred thousand dollars from the fund in each fiscal year for the purpose of making loans to owners and operators of public water systems for emergency remediation of threats of contamination to public water supplies. The director shall not loan more than twenty-five thousand dollars to the owner or operator of any single public water system. The director shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code establishing application procedures and requirements for those loans. The rules shall require that an owner or operator receiving a loan under this division repay the loan to the fund not later than twelve months after receiving it.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.31 | Violations - Noncompliance.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
(A) No person shall violate this chapter, a rule adopted under it, or any order or term or condition of a license, license renewal, variance, or exemption granted by the director of environmental protection under it. Each day of noncompliance is a separate violation.
(B) No person shall make a false material statement or representation in an application, license, record, report, or other document that is required to be submitted to the director or to the attorney general under this chapter, a rule adopted under it, or any order or term or condition of a license, license renewal, variance, or exemption granted by the director under it.
(C) No person shall alter, substitute, falsify, conceal, or purposefully omit a sample that is required to be collected pursuant to any reporting requirement that is established under this chapter or a rule adopted under it.
(D) No person shall tamper with, alter, or interfere with the operation of a public water system without the authorization of the owner or operator of the system or of the director.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.32 | Investigations - Enforcement by Attorney General.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
The director of environmental protection may on the director's own initiative investigate or make inquiries into any suspected violation of section 6109.31 of the Revised Code.
The attorney general, upon written request by the director, shall bring an action for injunction or other appropriate civil action or criminal prosecution against any person violating or threatening to violate that section. In an action for injunction to enforce any final order of the director, the finding by the director, after hearing, is prima-facie evidence of the facts found therein.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.33 | Civil Penalty.

Effective:
July 1, 1993
Latest Legislation:
House Bill 152 - 120th General Assembly
Any person who violates section 6109.31 of the Revised Code shall pay a civil penalty of not more than twenty-five thousand dollars for each violation, to be paid into the state treasury to the credit of the drinking water protection fund created in section 6109.30 of the Revised Code. The attorney general, upon written request by the director of environmental protection, shall bring an action for such a penalty against any person who violates that section. Such an action is a civil action, governed by the Rules of Civil Procedure and other rules of practice and procedure applicable to civil actions.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.34 | Right of Entry.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
The director of environmental protection or his duly authorized representative may enter at reasonable times upon any private or public property to inspect and investigate conditions relating to the construction, maintenance, and operation of a public water system, and may take samples for analysis. If entry or inspection authorized by this section is refused, hindered, or thwarted, the director or his authorized representative may by affidavit apply for, and any judge of a court of record may issue, an appropriate inspection warrant necessary to achieve the purposes of this chapter within the court's territorial jurisdiction.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.35 | Nonliability of Water Suppliers.

Effective:
June 18, 2002
Latest Legislation:
Senate Bill 65 - 124th General Assembly
(A) As used in this section:
(1) "Water supplier" means an entity that is subject to this chapter and rules adopted under it and that supplies drinking water through pipes, through tubing, or in a similar manner to consumers within this state.
(2) "Acquiring water supplier" means a water supplier that satisfies both of the following:
(a) The water supplier acquires ownership of an existing water supplier.
(b) The water supplier and the acquired existing water supplier do not have any mutual directors, officers, controlling shareholders, or other persons with an ownership interest prior to the acquisition.
(3) "Drinking water standards" means safe drinking water standards established by the environmental protection agency under this chapter or established by the United States environmental protection agency under the Safe Drinking Water Act.
(B) An acquiring water supplier that acquires ownership of an existing public water system is not liable in damages in a civil action for injury, death, or loss to person or property that occurred prior to the acquisition and that was allegedly caused by the previous water supplier's failure to comply with drinking water standards if the acquiring water supplier does both of the following:
(1) Enters into a written agreement with the environmental protection agency to bring the water system into compliance with drinking water standards within a specified period of time;
(2) Brings the water system into compliance with drinking water standards within the time period agreed to under division (B)(1) of this section.
(C) A water supplier that operates a public water system is not liable in damages in a civil action to any person for injury, death, or loss to person or property that allegedly arises from the person's consumption of water supplied by the water supplier if all of the following apply:
(1) During the period of time that the water supplier supplies water to the person, the water supplied by the water supplier meets all applicable drinking water standards.
(2) The water supplier has not been found to be in significant noncompliance with drinking water standards.
(3) The injury, death, or loss to person or property is alleged to be caused by a substance for which drinking water standards have been established.
(D)(1) This section does not create a new cause of action or substantive legal right against a water supplier.
(2) This section does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law to which a water supplier may be entitled under circumstances not covered by this section.
(3) This section does not create immunity from civil liability for violations of section 6109.31 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6109 | Safe Drinking Water › Section 6109.99 | Criminal Penalties.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
(A) Except as provided in division (C) of this section, whoever recklessly violates section 6109.31 of the Revised Code is guilty of a misdemeanor and, notwithstanding section 2929.28 of the Revised Code, shall be fined not more than ten thousand dollars or imprisoned for not more than four years, or both. Each day of violation constitutes a separate offense.
(B) Whoever knowingly violates division (B), (C), or (D) of section 6109.31 of the Revised Code is guilty of a felony and, notwithstanding section 2929.18 of the Revised Code, shall be fined not more than twenty-five thousand dollars or imprisoned for not more than four years, or both. Each day of violation constitutes a separate offense.
(C) Whoever recklessly or knowingly violates division (A) of section 6109.31 of the Revised Code is guilty of a felony if the violation poses a significant threat to or causes significant harm to public health and, notwithstanding section 2929.18 of the Revised Code, shall be fined not more than twenty-five thousand dollars or imprisoned for not more than four years, or both. Each day of violation constitutes a separate offense.