Ohio Admin. Code 3701-29-23 - Verification of compliance and enforcement
(A)
The board of
health may at any reasonable time inspect any STS , part thereof, or proposed
STS site, to conduct sampling, collect data, or perform other activities
necessary to assure compliance with this chapter .
(B)
The board of
health may conduct an inspection when:
(1)
There is a good
faith complaint regarding the system using forms and procedures developed by
the board of health ;
(2)
There is probable cause for an inspection , including
but not limited to, the presence of odors, untreated or poorly treated
effluent , or sewage discharging to the surface of the ground, streams or water
ways, discharge to ground water , drainage or dry wells, cesspools, sinkholes or
other unauthorized structures or systems;
(3)
Proof of
required maintenance has not been provided by the owner of the STS as required
in paragraph (D) of 3701-29-19 of the Administrative Code. The board of health
shall provide written notice to the owner of a STS of the option to provide
proof of maintenance in lieu of inspection by the board, and the reasonable
cost of the inspection which may be assessed to the STS owner ;
or
(4)
A board of health may inspect a STS without prior
notice in any instance in which the board has probable cause to believe the
system is endangering or threatening to endanger public health. A board of
health may assess a fee established under rule
3701-29-05 of the Administrative
Code for the costs of effluent testing or evaluation to the owner of the STS
that is being investigated.
(C)
No person shall
violate Chapter 3718. of the Revised Code, this chapter , orders issued pursuant
to these chapters by the board of health , or the conditions of a registration
or permit issued in accordance with this chapter . Upon determining
noncompliance, the board of health shall notify the owner or other responsible
party of the determination of noncompliance. The board of health notification
shall specify any necessary corrective action and the time line for compliance,
as applicable. Emergency orders and enforcement action shall be conducted in
accordance with sections
3718.09,
3718.10, and
3718.99 of the Revised
Code.
(D)
The board of health shall give notice and an
opportunity for a hearing, pursuant to section
3718.11 of the Revised Code, to
any reason described in division (A)(18) of section
3718.02 of the Revised Code.
Reasonable attempts to notify the public of the opportunity for a hearing shall
include posting of the following language: "An opportunity for a hearing will
be provided upon written request to any landowner affected regarding the denial
of an installation, operation, or alteration permit for a sewage treatment
system ; the imposition of a condition on the installation of a sewage treatment
system ; the required replacement of a sewage treatment system ; or any other
final order or decision of a board of health that is made under Chapter 3718,
of the Revised Code concerning that which a property owner is claiming to be
aggrieved or adversely affected."
(1)
When a board of health receives a written request for
a hearing the board shall provide a written notice to the affected owner not
less than fourteen days prior to the hearing.
(2)
The board of
health , at its discretion, may grant a written request from the owner to
reschedule the hearing date.
(3)
The owner shall
be provided the opportunity to submit information, evidence, or witness
testimony or arguments at the hearing. The property owner shall be allowed to
designate a representative to present his position at the
hearing.
(4)
The hearing shall be open to the public and the board
of health , at its discretion, may hear concerns from constituents present at
the hearing.
(5)
Failure of the owner to appear at the hearing shall
not prevent the board of health from taking action on the
request.
(6)
The board of health shall take action on any matter
brought before them through this process and provide a written decision
concerning the request within ten days. Written minutes or a tape recording may
be used to record the hearing and serve as the required written decision.
Replaces: 3701-29-17, 3701-29-19
Notes
Promulgated Under: 119.03
Statutory Authority: 3718.02
Rule Amplifies: 3718.02, 3718.08, 3718.09, 3718.10
Prior Effective Dates: 7/1/1974, 7/1/77, 7/2/07, 7/30/07
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