New regulatory rules for Home Sewage Treatment Systems (HSTS) will be in the public spotlight in the coming weeks. Legislation passed last year directed the Public Health Council of the Ohio Department of Health to adopt stricter statewide standards for the installation of HSTS. The objective is to establish rules for general application throughout the state with regard to standards for location, design, installation, alteration, operation, monitoring, maintenance and abandonment of sewage treatment systems. The effective date for the new rules is presently established as January 1, 2007. Fee structures are described in the rules with local Boards of Health, which have the responsibility to monitor the whole program, being authorized to establish fees to administer the program. HSTS that discharge off-site will require a National Pollutant Discharge Elimination System (NPDES) permit issued by the Ohio EPA. This would be addressed by a general permit being issued covering in detail the conditions that must be met to allow off-site systems. The new rules are quite detailed and succinct fact sheets explaining their application are not presently available. The complete text of the proposed rules may be viewed at www.odh.ohio.gov/rules/ final/f3701-29.aspx or through the link provided at YellowCreekWatershed.org.

As background, in 2003, the Summit County Health Department conducted a public meeting at Bath Elementary School on a proposed program designed to upgrade the regulation of HSTS to comply with its obligations under then Phase II Storm Water program. The meeting was well attended and strong opposition was expressed to the proposal which encompassed an enhanced inspection system financed principally by inspection fees. Both the Summit County Health Department initiative and the new rules promulgated by the Public Health Council at the direction of the state legislature were in response to the requisites of the federal Clean Water Act. The Ohio Township Association has already voiced its opposition to the new rules as presently drafted asserting, among other reasons, the rules would be unenforceable and would preclude construction on otherwise suitable land. Bills have also been introduced in the legislature placing a two year moratorium on the implementation of the rules. Nonetheless it appears that under the requisites of the federal Clean Water Act enhanced regulation of HSTS is mandated and will emerge. Supporting the enhanced regulation of HSTS is the finding that the effluent of these systems is the primary negative factor affecting surface water quality and therefore watershed water quality. As it stands now the time for input, pro or con, may be quite short.

In any event individual homeowners will remain responsible for the maintenance and operation of HSTS. It should be noted the new rules address principally new systems. Existing systems are "grandfathered" unless they are failing. The proper operation and maintenance of systems can have a significant impact on how well a system works and how long it will last. The Environmental Division of the Summit County Health Department estimates that under the existing rules it could cost from $3,000 to $10,000 dollars to replace a failing system. Guidance and recommendations for maintaining HSTS to extend the life of a system can be found on the Yellow Creek Watershed web site, YellowCreekWatershed.org.