LAW
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Ohio Laws and Rules
(A) Each private water system shall be properly maintained and operated according to the requirements of this chapter. In the case where two or more dwellings are serviced by a private water system, the entire private water system shall be owned, operated and maintained by one person.
(B) A private water system shall be located only where the system and its surroundings can be maintained in a sanitary condition, and only where surface and subsurface conditions will not permit contamination of the private water system or aquifer. Where available, hydrogeologic data shall be used to select the location of a well or spring. Any well or spring used as a source of water for a private water system shall be located hydraulically upgradient of any potential or known sources of contamination. A well or spring shall be located the maximum practical distance from a known or suspected source of contamination.
(C) A private water system shall be located so that it is accessible for cleaning, treatment, repair, alteration, testing, and such other attention as may be necessary. A well, or cistern, hauled water storage tank, or any other water source for a private water system shall not be located within the foundation of any building, except within a building designed and constructed solely to house pumping and water system equipment. The walls of a cistern or hauled water storage tank shall not share a common wall with another structure or be used as a supporting structure.
(D) A private water system shall not be located within a one hundred year flood plain, except when the department determines that the requirements of rule 3701-28-21 of the Administrative Code are met;
(E) A well, or cistern, hauled water storage tank, spring box or pond shall not be located within ten feet of the foundation of a building or dwelling, except within a building designed and constructed solely to house pumping and water system equipment.
(F) A water source shall not be located within a minimum of fifty feet of any known or possible source of contamination, except as specified in paragraph (G) of this rule. A water source shall be located at least ten feet from all lot lines and easements and at least five feet from the edge of any private driveway.
(G) A water source shall be located according to the following minimum distance requirements:
Sewers and drains-watertight pipe 10’
Underground fuel oil, liquid petroleum, chemical or
Gasoline storage tanks (less than 1100 gallons) 50’
Underground fuel oil, liquid petroleum, chemical or
Gasoline storage tanks (greater than 1100 gallons
With secondary containment) 150’
Underground fuel oil, liquid petroleum, chemical or
Gasoline storage tanks (greater than 1100 gallons
Without secondary containment) 300’
Sewage tanks 50’
Sewage absorption fields 50’
Leaching pit 100’
Vault privies 50’
Stables, manure piles, etc. 50’
Leaching privies 100’
Streams, lakes, ponds, ditches 25’
Municipal solid waste, residual waste, industrial
Waste, and construction and demolition debris waste
Landfills 1000’
Roads and highways 25’
Properly sealed well 10’
Existing properly constructed water well 10’
Structures, buildings and foundations 10’
Above ground fuel oil, liquid petroleum, chemical or
Gasoline storage tanks (less than 1100 gallons)
Above ground fuel oil, liquid petroleum, chemical or 25’
Gasoline storage tanks (greater than 1100 gallons
With secondary containment)
Above ground fuel oil, liquid petroleum, chemical or 25’
Gasoline storage tanks (greater than 1100 gallons
Without secondary containment)
Vertical or horizontal geothermal loop systems with 50’
Low toxicity heat transfer fluid
Vertical or horizontal geothermal loop systems with 25’
High toxicity heat transfer fluid
Storage or preparation area for fertilizers or 50’
Pesticides
Drainage wells 150’
Manure lagoons 100’
Animal or poultry yards (less than 1000 animal units) 300’
Animal or poultry yards (greater than 1000 animal 100’
Units)
Land application of septage waste or sludge 500’
Composting facilities 100’
Oil and gas wells 200’
Salt storage piles 100’
100’
(H) For purposes of determining compliance with the minimum distance requirements of this rule all measurements shall:
(1) Be performed on site;
(2) Be within ten percent of the required minimum distances; and
(3) Be measured from the boundary of the water source closest to the boundary of the structure or potential source of contamination.
(I) The department may set isolation distance requirements in excess of those set forth in this rule if conditions are known to exist where the distance set forth in this rule is considered insufficient to protect the public health and the private water system from contamination.
(J) The department may order the replacement or sealing of any private water system existing before the effective date of this rule that does not meet the current isolation distance requirements if it has been determined that a potential health threat exists from the continued use of the system. The department may order that the contamination source be removed in order to continue to use the private water system.
(K) No potential source of contamination may be constructed or permanently placed within the above cited isolation distances from a water supply of a private water system. A private water system owner shall be responsible for maintaining isolation distances within property owned by the water system owner.
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