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Legislative Background: Surface Water Quality and New Rules in Ohio

by

Maryanne Rackoff

The cornerstone of the Clean Water Act is surface water quality.  In the effort to protect surface water quality there has been a shift from a program-by-program, source-by-source, pollutant-by-pollutant approach, to more holistic, watershed-based strategies. 

One of the primary causes of pollution in the Yellow Creek Watershed is insufficiently treated wastewater which is discharged from home sewage treatment systems (“HSTSs”).  Every household in the watershed generates sewage through the use of bathrooms, kitchens, sinks and garbage disposals, dishwashers, washing machines, and other water-consuming products.^[1]  In many rural areas there is no access to public sewage treatment systems, and those households must provide for the treatment of sewage through a HSTS.  There are two types of HSTSs:  (1) those that treat and disperse household sewage through a system utilizing a tank to hold solids and scum, which then disperses wastewater on-lot through a leaching field;  and (2) those that treat and dispose of household sewage off-lot.  The majority of HSTSs in the Yellow Creek Watershed fall into the former category and disperse wastewater on-lot.

Federal and state laws require that any discharges of pollutants which go “off-site” or “off lot”, (such as those which may be discharged by home septic systems), to waters of the state, be regulated under the permitting program of the National Pollutant Discharge Elimination System (“NPDES”), and will require a NPDES permit issued by the Ohio EPA.^[2]  The Ohio EPA is working closely with the Ohio Department of Health (“ODH") in developing a general NPDES permit, and the ODH is also in the process of updating the state minimum code which relates generally to household sewage treatment.^[3] 

One key issue is when it is appropriate to allow off-lot discharge of wastewater from an HSTS.  The NPDES permit for off-lot discharge of wastewater, in conjunction with the ODH update to the rules regarding all household sewage treatment systems, will provide for better on-lot systems, and limit the number of off-lot discharges.^[4]  “The goal is to prevent new household sewage system problems.”^[5]

Again, the cornerstone of the Clean Water Act is surface water quality.  In December of 1999, the U.S. EPA issued regulations to control discharge and to protect water quality associated with polluted storm water from various urbanized areas.  “Phase II” communities, a designation shared by the Yellow Creek Watershed communities of Bath and Copley, will be required to identify and eliminate discharges to their storm water systems.   This will be accomplished by monitoring the water quality of streams receiving discharges from storm sewer systems and discharging HSTSs, and by eliminating illicitly discharging HSTSs when possible by installing either central sewer systems or on-lot HSTSs.^[6]

This program, and existing programs,  provide the regulatory and administrative oversight for new sewage treatment systems, and for existing systems, to ensure that discharges from home systems do not endanger surface water quality, (and indirectly, underground water quality), or human health.  It is not uncommon that home sites that have home sewage treatment systems also have wells for drinking water on the same site.  The importance of a properly maintained and properly functioning system is evident.

Local health districts through their responsibility to protect public health, such as the Summit County General Health District, regulate the existing HSTSs and approve installation of new HSTSs through local permitting programs.  Their staff evaluates new property to determine if a home sewage system can be installed, and whether that system will work efficiently in a safe, healthy manner. Local health department staff is also available to help property owners evaluate the condition of their existing HSTS.

Although 80% of the land area in Summit County has soil conditions unsuitable for home sewage systems, some 27,000 home systems are in use in the County.^[7] Complaints involving malfunctioning systems are investigated and, to assure correction, orders to repair are issued by the local health department. Sewage installers and liquid waste haulers are also registered and regulated by the health department.

The current Environmental Health Code for Summit County regarding HSTSs requires the following number of septic tanks for the following sizes of homes:[8]

1.      Two 1000 gallon tanks for single family residences of 1 to 4 bedrooms;

2.      Two 1500 gallon tanks for single family residences with more than 4 bedrooms.

These requirements are grandfathered for existing HSTSs, but new systems will be subject to the new regulations promulgated by the Ohio Department of Health.  Malfunctioning systems remain subject to investigation and orders to repair by the Summit County General Health District, or other applicable municipality.  If the malfunctioning system must be replaced, it must be replaced according to the specifications of the new regulations.

The new rules will become effective on January 1, 2007.  The Public Health Commission of the Ohio Department of Health promulgated these new rules, which were passed in response to federal requisites of the Clean Water Act.  The full text of the new rules, as well as the text of the existing rules for the state of Ohio, are available at www.odh.ohio.gov/rules/final/f3701-29.aspx.  The new rules require the following minimum liquid capacities of septic tank(s) for the following sized households:^[9] 

1.      One to two bedroom dwelling – 1000 gallons;

2.      Three bedroom dwelling – 1500 gallons in two tanks or compartments;

3.      Four to five bedrooms – 2000 gallons in two tanks or compartments;

4.      Six or more bedrooms – 1000 gallons plus an additional 250 gallons for each bedroom in two tanks or compartments.

The new rules are broader and set specific parameters for the siting, design, installation, alteration, operation, monitoring, maintenance, and abandonment of a HSTS to protect public health and the environment.^[10]  They also allow for the imposition of additional fees ($50.00) to be collected by the local department of health for the installation or replacement of HSTSs. 

The homeowner is the “stakeholder” and remains responsible under the law for the safe and sanitary operation of his or her septic system.  [Please refer to our other pages on signs of  trouble with your HSTS, and for suggestions for the proper and continuing maintenance of your system.]

According to the new rules, the board of health of a city or general health district may establish and collect fees which fall under the following categories:

     (1) An application for a site review of an HSTS;

     (2) Permit for the installation or replacement of an HSTS;

     (3) Permit for the alteration of an existing HSTS;

   (4) Operation permits for HSTS;

     (5) Registration of installers, service providers and septage haulers as

           required in paragraph (D) of rule 3701-29-04 of the Administrative Code;

     (6) Vehicle permits for septage haulers as required in paragraph (A)(2) of rule

           3701-29-04.2 of the Administrative Code; and

     (7) An application for a variance under rule 3701-29-18 of the Administrative

          Code . . . [among other purposes].

These fees will be used exclusively by the local board of health to pay the cost of administering and enforcing these laws. 

Conclusions:

Homeowners have the primary responsibility to ensure the proper maintenance and functioning of home sewage treatment systems.  Adequate and properly functioning systems will prevent the discharge of dangerous wastewater into water resources, both groundwater and surface water, contribute to the safety of our drinking water, and assist in maintaining overall public health and safety.  Clean water translates as well into recreational opportunities, such as safe swimming and better fishing opportunities.  Clean water and good recreational opportunities also translate into higher property values for homeowners.

The life of existing systems can be prolonged through proper maintenance, and the stakes have gotten higher for the installation of new home sewage treatment systems.  Governmental bodies, federal, state and local, as well as their agencies, are responsible for a regulatory and administrative network to ensure clean water resources for drinking, for recreation, and generally for good public health. For an excellent discussion of the overlapping responsibilities of these various agencies, refer to Chapter 4, pages 4-1 to 4-6 [display (pdf) pages 65-70] of NEFCO Clean Water Plan [for Portage and Summit Counties, OH], June 19, 2003.

The proposed regulations of the Ohio Department of Health are expected to become final and enforceable on January 1, 2007; they set higher standards for communities in Summit County.