3701-28-05 Approval to enforce.

(A) The director of health shall survey each private water systems program of the city and general health districts, or the authorities having the same duties as a board under section 3709.05 of the Revised Code, at least once every three years to determine their adequacies for carrying out the provisions of Chapter 3701-28 of the Administrative Code. The health district or authority shall provide the director with all requested information to complete the survey.

(B) A survey methodology shall be developed by the director and provided to each health district or authority and shall include:

(1) A review of any regulations for consistency with this chapter, the administrative aspects of the private water systems program including application and permitting, staff resources and knowledge of the technical aspects of the program, cost analysis and fee adoption, plan review, inspections and reports, sampling, investigations, and enforcement; and

(2) A field review of the inspection of private water systems during construction and after completion to evaluate overall compliance with the private water systems construction, sampling, alteration and sealing requirements set forth under this chapter.

(C) The director shall survey the private water systems program in accordance with the survey methodology and shall determine whether the health district or authority is qualified to administer and enforce this chapter. After the survey is complete, the director shall classify the health district or authority as either approved or disapproved, and shall provide a survey report to the health district or board.

(D) Upon determining that a health district or authority is so qualified, the director shall approve the district or authority and place such district or authority upon an approved list. The director of health may resurvey any approved district or authority when, in his opinion, such resurvey is necessary and remove from such approved list any district or authority found not to be adequately carrying out the provisions of this chapter

(E) If after a survey as provided for in this rule, the director of health determines that a health district or authority is not qualified to carry out the provisions of this chapter , he shall certify that fact to the board of health and disapprove the health district or authority to administer and enforce the private water systems program. If a health district or authority is not eligible to be placed on the approved list, the director may designate another qualified health district or authority as the department in such health district or shall administer and enforce this chapter in such health district.

(F) If a health district is removed from the approved list, the board of health shall pay to the director or to the board of health designated by the director to serve as the department in such health districts, all fees previously paid to the board under this chapter that have not been expended or encumbered. All fees paid to the director or to the designated board of health shall be used as specified in rule 3701-28-06 of the Administrative Code.

(G) The director may reinstate a health district or authority as approved to administer and enforce the private water systems program if the health district or authority can demonstrate to the satisfaction of the director an ability to adequately administer and enforce the provisions of this chapter. A survey shall be conducted within one year of reinstatement to determine whether the health district or authority is qualified to continue administration and enforcement of the program.

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, 1/1/00