Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-03 - Permits, system approval and sampling requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								No person shall construct, alter or seal a private
			 water system, test well or part thereof, unless a valid permit for the system
			 has been issued by the board of health pursuant to this rule.
(1)
									Any person
			 intending to construct a private water system, convert a well to a private
			 water system, alter a private water system or install a test well or component
			 thereof, shall, either in person or through a designated agent, make
			 application to the board of health for a permit. Permits may be completed in
			 person, sent by mail, or submitted by fax or electronically where the board of
			 health accepts electronic payment. Except as provided in paragraphs (A)(2) and
			 (J) of this rule, no work shall commence until a valid permit has been issued
			 and approved. Each application shall be accompanied by the appropriate permit
			 fee established under this chapter, all information required under this rule,
			 and the fee for at least one water sample for any private water system
			 alteration, conversion, or new construction permit. The applicant shall sign
			 the application form, and shall indicate the name of any registered contractor
			 intending to do the work, if known. An application becomes a permit upon
			 validation by the local health district.
(2)
									Any person
			 intending to seal a well, or decommission any other type of private water
			 system that is not being sealed or decommissioned due to the replacement of an
			 existing well or other private water system, shall apply for a permit not later
			 than five business days after the well or other private water system has been
			 sealed or decommissioned.
(3)
									If a plan is not required to be submitted under
			 paragraph (F) of this rule the board of health shall determine whether the
			 proposed construction, alteration, sealing, or decommissioning is in compliance
			 with the provisions of this chapter within ten business days of receipt of a
			 complete application and the appropriate fee. If a plan is required to be
			 submitted under paragraph (F) of this rule the board of health shall determine
			 whether the proposed work is in compliance with the provisions of this chapter
			 within fifteen business days of receipt of a complete application and the
			 appropriate fee.
(a)
										Except for emergency work conducted under paragraph (J)
			 of this rule, the board of health shall work with the applicant and the private
			 water systems contractor to review the site conditions to ensure that all
			 isolation distances are met in accordance with rule
			 3701-28-07
			 of the Administrative Code prior to the construction or alteration of the
			 private water system.
(b)
										If the board of health determines that the proposed
			 construction, alteration, decommissioning, or sealing of a private water system
			 or test hole is in compliance with this chapter, the board of health shall
			 issue a permit to the applicant. If a registered contractor was not indicated
			 at the time of application, the applicant shall notify the board of health
			 prior to the commencement of work on the private water system of the name of
			 any registered contractor who intends to do the work.
(c)
										If the board of
			 health determines that the proposed construction, alteration, decommissioning,
			 or sealing does not comply with this chapter, the board of health shall deny
			 the application. The applicant and the registered contractor, if known, shall
			 be notified of the denial in writing by the board of health.
(d)
										Within thirty
			 days after the denial of an application to construct, alter, decommission, or
			 seal a private water system, the property owner or his designated agent shall
			 be provided with an opportunity to appeal the decision and a hearing shall be
			 provided if requested.