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Ohio Laws and Rules
(A) The definition of private water system as stated in paragraph (ZZ) of rule 3701-28-01 of the Administrative Code shall apply to all systems regardless of the date of construction, development, installation, or alteration. All private water systems constructed prior to the effective date of this rule shall comply with the rules in effect at the time of construction, unless otherwise required by this chapter.
(B) Chapter 3701-28 of the Administrative Code shall apply to the following:
(1) All private water systems, constructed, after the effective date of this rule; and,
(2) Except as provided in paragraphs (D), (E), (F), and (G) of this rule, all private water systems constructed prior to the effective date of this rule when altered.
(C) Wells used as private water systems, constructed prior to the effective date of this rule and in violation of any of the requirements of rule 3701-28-12 of the Administrative Code shall be improved to meet the requirements of paragraphs (J) to (O) of rule 3701-28-12 of the Administrative Code if repaired or one of the following conditions occur;
(1) If the top of the casing is buried, when excavation is done to expose the top of the casing for purposes other than the performance of an alteration, or
(2) Whenever a drilling rig is placed over the well for purposes other than the performance of an alteration.
(D) Paragraph (O) of rule 3701-28-12 of the Administrative Code and rules 3701-28-07 and 3701-28-071, of the Administrative Code shall apply to all private water systems, regardless of the date of construction.
(1) In the design, construction, installation, or in allowing access for inspection for final approval of a new private water system or the alteration of an existing system, the property owner and any contractor performing the services will be responsible for compliance with the applicable rules and the terms of the permit, jointly and individually, and compliance may be by either party or both. The department may enforce the applicable rules against the property owner or any contractor who performed the services or both.
(2) In the repair of an existing system, or the sealing of a test hole or private water system, the property owner and any contractor performing the services will be responsible for the compliance with the applicable rules, jointly and individually, and compliance may be by either party or both. The department may enforce the applicable rules against the property owner or any contractor who performed the services or both.
(3) In the operation and maintenance of a private water system, the property owner and any person in control of the property will be responsible for the compliance with the applicable rules, jointly and individually, and compliance may be by either party or both. The department may enforce the applicable rules against the property owner or the any person in control of the property or both.
(4) Where any requirement in these rules is not within paragraph (I)(1), (I)(2), or (I)(3) of this rule, the property owner and any person in control of the property shall be responsible for compliance jointly or individually.
R.C. 119.032 review dates: 12/23/2004 and 11/15/2009
Promulgated Under: 119.03
Statutory Authority: 3701.344
Rule Amplifies: 3701.344
Prior Effective Dates: 1/1/1981, 1/1/84, 1/1/00