Home Sewage Treatment Systems - Changes June 2007

Due in great part to members contacting their representatives earlier this year, the state legislature passed HB 119 in June 2007 which included a provision (Section 120.02) repealing the home sewage treatment rules (HB 231) implemented last January and reinstating the 1977 rules.*

The major problem with the original rules was the enormous cost increases for home owners faced with repairing/replacing their septic system.

However, the new legislation allowed counties to adopt interim rules while ones were being created legislatively. Many counties simply re adopted the HB 231 rules much to the chagrin of the legislature.

Specifically, the legislative repeal requires that economic impact, available technology and financial assistance must be considered when drafting system replacement rules -- all of which were missing in the original HB 231 rules.

Although counties may adopt more stringent rules, they should conduct an economic impact statement first and be able to provide this documentation upon request.

Meanwhile, Section 737.11 of the Budget Bill creates a Household Sewage and Small flow On-Site Sewage Treatment Study Commission, consisting of 32 members, who will study the problems posed by home sewage disposal systems, and recommend appropriate legislation and standards to correct the problems presented by the rules which were rescinded.

* Section 120.02 does not reinstate the vertical separation distances from a limiting condition (i.e. bedrock or the normal water table) which existed prior to January 1, 2007. Instead, each board of health (or authority having the duties of the board of health) is directed to adopt separation distances from a water table and soil absorption requirements based on the water table and soils in the applicable health district. The intent of this legislation is to allow local boards of health some flexibility and discretion in setting vertical separation distances until a State Study Commission can review this issue and make recommendations regarding any minimum vertical separation distance which might be appropriate. Health districts may tailor their vertical separation distances to local conditions during the period when the standards in statewide rules are being reconsidered.

For more information, contact OAR's Scott Williams at (614) 228-6675 or SWilliams@ohiorealtors.org