Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-14 - Location and construction of ponds

Current through all regulations passed and filed through July 1, 2024
(A)
								Ponds shall be
			 considered as a source of water for human consumption at the discretion of the
			 board of health, only when available ground water sources are inadequate for
			 the intended use or unacceptable due to the presence of naturally occurring or
			 man-made contaminants that are not economically or technically feasible to
			 treat, and on the ability of the property owner to meet all of the requirements
			 of this rule. A pond shall not be acceptable as a new water supply source when
			 a public water supply is readily accessible to the property, as determined by
			 the board of health. The board of health may choose not to approve an
			 application for a permit utilizing a pond for source water as a private water
			 system if there is incomplete or inconclusive information about the suitability
			 for a pond system at a specific site.
(B)
								Surface water
			 sources, including, but not limited to, rivers, streams, creeks, lakes,
			 quarries, and drainage ditches shall not be considered for construction as
			 private water systems because there is no control of the water source by the
			 owner of the individual property. The board of health shall not consider a
			 variance to this rule.
(C)
								The pond and the watershed shall be under the complete
			 control of the pond owner and the watershed shall be located on a parcel or
			 parcels under one deed with the dwelling to which it is supplying water. A
			 private water system pond may only serve one single family dwelling. If control
			 of the watershed cannot be maintained on parcels under the same deed then other
			 private water system sources shall be considered. The board of health shall not
			 consider a variance to this rule.
(D)
								The pond shall be
			 located at the minimum distances from sources of contamination as specified in
			 rule
			 3701-28-07
			 of the Administrative Code. In addition, the following criteria shall be
			 met:
(1)
									For
			 purposes of this rule "watershed" means the area up gradient from the water
			 supply that drains, channels, or otherwise directs surface water toward the
			 water source;
(2)
									The watershed shall have a permanent growth of
			 vegetation;
(3)
									The watershed shall be free of barns, poultry yards,
			 sewage treatment systems, privies, orchards, cultivated fields, and other
			 sources of contamination;
(4)
									The watershed shall not be used for
			 pasture;
(5)
									Livestock shall be fenced or otherwise prevented from
			 entering the pond and watershed area;
(6)
									The pond shall
			 not be used for recreational purposes such as swimming, fishing, or
			 boating;
(7)
									The minimum distance from the nearest building shall be
			 ten feet; and
(8)
									Diversion ditches or similar devices shall be used to
			 direct water of unsuitable quality out of the watershed and away from the
			 pond.