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Ohio Laws and Rules
(A) No person shall construct, alter or seal a private water system unless a valid permit for the system has been issued by the department pursuant to this rule.
(1) Any person intending to construct, alter or seal a private water system or component thereof, shall, either in person or through a designated agent, make application to the department for a permit. Except as provided in paragraph (H) of this rule, no work shall commence until a valid permit has been issued. Each application shall be accompanied by the appropriate fee established under this chapter and all information required under this rule. The applicant shall sign the application form, and shall indicate the name of any registered contractor intending to do the work, if known.
(2) If a plan is not required to be submitted under paragraph (E) of this rule the department shall determine whether the proposed construction, alteration, or sealing is in compliance with the provisions of this chapter within ten business days of receipt of a complete application and the appropriate fee. If a plan is required to be submitted under paragraph (E) of this rule the department shall determine whether the proposed construction or alteration is in compliance with the provisions of this chapter within thirty business days of receipt of a complete application and the appropriate fee.
(a) If the department determines that the proposed construction, alteration, or sealing of a private water system or test hole is in compliance with this chapter, the department shall issue a permit to the applicant. If a registered contractor was not indicated at the time of application, the applicant shall notify the department prior to the commencement of work on the private water system of the name of any registered contractor who intends to do the work.
(b) If the department determines that the proposed construction, alteration, or sealing does not comply with this chapter the department shall deny the permit. The applicant and the registered contractor, if known, shall be notified of the denial in writing by the department.
(c) Within thirty days after the denial of a permit to construct, alter or seal a private water system, the property owner or his designated agent shall be provided with an opportunity to appeal the decision and a hearing shall be provided if requested.
(B) Each application to construct a private water system shall contain information about the location, design, construction, installation and development of the private water system or installation of test holes. The application shall include a site plan designating the location or area of the proposed or existing private water system or test hole, and distances from roadways, road rights-of-way, buildings, driveways, sewage disposal systems, sewers, existing or properly sealed water supply wells, oil and gas wells, above ground or underground fuel oil, liquid petroleum, chemical or gasoline storage tanks, streams, lakes, ponds or ditches, leaching pits and privies, manure ponds, lagoons or piles, lot lines, and easements and any other information required by the department.
(C) Each application for the alteration of a private water system shall contain all pertinent information required by the department about the alteration of the private water system.
(D) Each application for a permit to seal a private water system shall contain all information required by the department about the sealing of the private water system.
(E) In addition to the requirements of this rule, an owner or his designated agent proposing to construct, or alter a private water system that meets one of the following criteria shall submit plans relating to the work and equipment of the water system to the department in duplicate:
(1) A private water system servicing a building as defined in section 3781.06 of the Revised Code;
(2) A private water system servicing other than one single-family dwelling; or
(3) A private water system that uses a pond as a source of water.
(F) Plans required under paragraph (E) of this rule shall:
(1) Include relevant information as to the number of individuals to be served;
(2) Be legible and drawn to scale with a north directional arrow;
(3) Include relevant elevations;
(4) Show the locations, layout, and type of all water system equipment;
(5) Include a listing of all materials to be used in construction, installation, or alteration of the water system;
(6) Show the layout and profile of the water distribution piping from the source to the service connections; and
(7) Include any other information required by the department.
(G) The department shall not approve any plan that does not conform to the requirements of this chapter. No permit shall be issued until the plans have been approved by the department. Modifications of approved plans that conform to the requirements of this chapter may be made by contacting the department.
(H) When an emergency exists work may be commenced on the construction or alteration of a private water system prior to obtaining a permit, provided a permit is applied for to the department within two working days after commencement of the construction or alteration. For purposes of this paragraph an emergency means that the existing private water system fails to produce an adequate amount of potable water which poses an immediate threat to health and safety and no alternative potable water source exists.
(I) If a permit has been issued for the construction, of a well to be used for a new private water system, and the first attempt to drill the well is unsuccessful, then additional wells may be drilled within the area designated on the permit or the drilling site without obtaining additional permits, provided the original permit has not expired. All dry holes shall be sealed according to rules 3701-28-07 and 3701-28-071 of the Administrative Code and a well sealing report as required under section 1521.05 of the Revised Code shall be filed for each dry hole with the Ohio department of natural resources, division of water, the department, a copy provided to the private water system owner, and a copy retained by the registered contractor who performed the sealing.
(J) Permit applications, permits and completion forms shall be on forms prescribed or approved by the director. The department shall specify in such permits the date upon which the permit expires and that the issuance of the permit is conditioned upon the right of the department to enter upon the premises of the private water system identified in the permit at any reasonable time prior to, during, or after completion of the work specified in the permit for the purpose of determining compliance with this chapter.
(K) A permit shall be obtained for any non-potable well that is to be converted into a private water system and shall be regarded as a new construction. A non-potable well is a well where the water is not used for human consumption, or the preparation of food, dishwashing or cleaning. The converted system shall meet all requirements of this chapter.
(L) A person intending to seal a well, and construct a new well on the same premises to replace the well to be sealed, shall only be required to obtain one permit.
(M) If the private water system has not been constructed, sealed or altered within one year from the date of permit issuance, the permit shall automatically expire. The department may extend the permit period for an additional six months.
(N) For purposes of this rule, “date of completion” means the date on which the installation of the pump or pumping equipment is completed, or the date on which the private water system is completed if a pump or pumping equipment will not be installed or will be installed by a person other than the contractor identified on the permit. Within thirty days of the date of completion of a private water system, a completed completion form shall be submitted to the department in the following situations:
(1) When a private water system uses a cistern, spring, or pond for a source of water; or
(2) When a person other than the person who installs a well installs the pump and pitless adapter.
(O) Within thirty days of the date of completion of a well, a copy of the well log required to be filed with the Ohio department of natural resources, division of water, as required under section 1521.05 of the Revised Code shall also be submitted to the department, to the private water system owner, and the registered contractor shall retain a copy.
(P) Within thirty days of the date of completion of an alteration that does not require a well log to be filed under section 1521.05 of the Revised Code, the person who performs the alteration shall notify the department of the completion of the alteration.
(Q) Upon receipt of the completed completion forms, or the notice required by paragraph (P) of this rule the department shall collect a water sample(s) in accordance with rule 3701-28-04 of the Administrative Code. The sample shall be tested for nitrates and total coliform. The department may prescreen the water sample for nitrates using a method approved by the director. The department shall report the findings of water tests which indicate a presence of escherichia coli, or nitrates in excess of maximum contaminant levels, as set forth in rule 3701-28-04 of the Administrative Code, to the director.
(R) If the sample obtained from the private water system indicates the presence of total coliform. The private water system shall not be approved, unless continuous disinfection or other effective remediation measures to eliminate the total coliform are approved for the private water system after an investigation has been performed under paragraph (D) of rule 3701-28-17 of the Administrative Code.
(S) If the sample obtained from the private water system indicates that the maximum contaminant level for nitrates has been exceeded the department shall provide information to the private water system owner on the health risks of nitrates, and options for the treatment of the private water system to reduce the nitrates to acceptable levels.
(T) After the receipt of the results of the water samples(S), and upon the basis of the department’s inspection(s), the water sample results, and all other pertinent data relative to the private water system, the department shall either approve or disapprove the private water system. The private water system shall not be used for human consumption or other potable uses until the private water system has been approved by the department.
(U) A private water system shall not be approved unless a water sample from the private water system demonstrates an acceptable level of indicator organisms. For purposes of this paragraph “indicator organisms” are any of the microscopic pathogenic or non-pathogenic organisms that may be used to indicate the potential presence of disease causing organisms.
(V) Once the department approves the private water system the permit is invalid.
(W) Any private water system constructed, altered or sealed by a person who has not obtained a registration, as required under rule 3701-28-20 of the Administrative Code, or is not exempt from registration pursuant to paragraph (E) of rule 3701-28-20 of the Administrative Code shall not be approved.
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: 1/1/81, 1 10/1/82, /1/84, 1/1/00