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Ohio Laws and Rules
(A) Ponds shall not be considered as a source of water for human consumption by the department, unless ground water sources are inadequate for the intended use or unacceptable due to the presence of naturally occurring or man-made contaminants that are not economically or technically feasible to treat. A pond shall not be an acceptable water supply source when a public water supply is readily accessible to the property.
(B) The pond shall be located at the minimum distances from sources of contamination as specified in rule 3701-28-10 of the Administrative Code. In addition, the following criteria shall be met:
(1) The watershed shall have a permanent growth of vegetation and the watershed shall be under complete control of the pond owner;
(2) The watershed shall be free of barns, poultry yards, sewage tanks, privies, orchards, cultivated fields, and other sources of contamination;
(3) The watershed shall not be used for pasture;
(4) Livestock shall be fenced or otherwise prohibited from entering the pond and watershed area;
(5) The pond shall not be used for public recreational purposes such as swimming, fishing, or boating;
(6) The minimum distance from the nearest building shall be ten feet; and
(7) Diversion ditches or similar devices shall be used to direct water of unsuitable quality out of the watershed and away from the pond.
For purposes of this rule “watershed” means the area up gradient from the water supply that drains, channels, or otherwise directs surface water toward the water source.
(C) Any person intending to install a pond to be used as a water source shall submit a plan to the department as required under paragraph (E) of rule 3701-28-03 of the Administrative Code. The pond and watershed shall conform to the following basic design criteria:
(1) The watershed shall have an area not less than three acres per acre-foot of storage if there are no other sources of water for pond water recharge. The department may require a larger watershed if it has been determined that three acres per acre-foot of storage is inadequate for pond water recharge based on seasonal rainfall requirements of a specific area, and the watershed is the sole source of pond water recharge.
(2) Off-stream ponds receiving water recharge directly from existing springs or wells constructed in compliance with this chapter shall have no minimum watershed size requirement if the annual flow is calculated to be adequate to keep the pond within ten percent of its capacity.
(3) A pond shall not be recharged by pumping water from field drain tiles or drainage ditches. Ponds shall not be recharged from onsite wastewater system discharges, curtain drains, sump pumps or washing machines.
(4) A pond may be recharged from roof water runoff. The roof area may be calculated as part of the total watershed area if it is to be included as a recharge source.
(5) Sealing materials and liners designed to reduce water loss from pond leakage shall meet the following requirements:
(a) Meet all of the requirements of ANSI/NSF standard fifty-four for flexible membrane liners, or
(b) Be composed of bentonite or native clay materials sufficient to reduce pond permeability to less than 10
-8centimeter per second and meet ANSI/NSF standard sixty.
(6) At least twenty-five per cent of the pond area at the design normal water level shall have a minimum depth of eight feet;
(7) Ponds shall have side slopes no steeper than 2:1;
(8) The minimum top width of a dam shall be eight feet;
(9) The side slopes of the dam for a pond shall be no steeper than 3:1 on the dry side, and 2:1 on the wet side; and
(10) One or more spillways shall be provided so as to allow for the passage of normal waterflow and of excess storm runoff around the dam. The spillways shall pass water safely to the outlet channel below without damage to the dam, or to life, structures, or property. Where applicable, spillway construction shall comply with requirements of section 1521.06 of the Revised Code.
(D) The size of the pond shall be adequate to meet the intended needs of the household, but shall contain no less than .6 acre feet of water or 195,510 gallons.
(E) The intake for the private water system from the pond shall conform to one of the following design criteria:
(1) The intake for the water system shall be attached to a flotation device at the deepest end of the pond and shall be suspended not less than eighteen inches and not more than three feet below the water surface;
(a) A noncorroding permeable filter material or screen with openings for forty-three-thousandths of an inch or smaller shall be incorporated into the intake; and
(b) The intake for the water system shall be connected by not less than a one-and-one-quarter-inch diameter flexible pipe to the waterline and shall either pass through the bank at a depth adequate to prevent freezing, or pass through the dam and be protected by a galvanized steel pipe, or
(2) A submersible pump may be used with a cased pond intake constructed for the sole purpose of delivering water from the pond to the household. A cased pond intake shall not be deeper than the deepest portion of the pond and shall not be any further than five feet from the pond. A cased pond intake shall not be used when there is any risk of contaminating an aquifer from the inflow of pond water.
(F) Antiseep collars shall be provided for durably and solidly installed intake and spillway inlets when such devices pass through the pond dam. For purposes of this rule antiseep collar means a projecting collar of concrete or other material built around the outside of a tunnel or conduit, under an embankment dam, to reduce the seepage potential along the outer surface of the conduit.
(G) All pond water shall be continuously filtered by one of the following methods:
(1) A slow sand filter which meets the requirements of this rule;
(2) A precoat filter which meets the requirements of this rule; or
(3) A filter approved by the director as providing for a logarithmic 3 reduction of giardia and a logarithmic 4 reduction of viruses and sufficient to handle the water needs of a household based on sixty gallons per person per day.
(H) Slow sand filters and a pre-coat filters shall meet the following criteria:
(1) The filter tank shall be watertight and durable with a smooth, clean interior surface;
(2) All joints, connections, and other seems between component parts shall be sealed with non-toxic waterproof material that meets NSF standard sixty-one to prevent the loss of stored water and the infiltration of surface water;
(3) The lower distribution system shall be non-clogging and resistant to corrosion, physical deformation and wear, provide adequate flow and distribution to uniformly collect filtered water during the filter cycle, and except for filters having dome or similar type under drains, have openings three-sixteenths inch (4.8 millimeter) or larger;
(4) All components shall be replaceable through a manhole in the filter tank.
(I) In addition to the requirements of paragraph (H) of this rule, slow sand filters shall meet the following criteria:
(1) Only washed sand and gravel shall be used. Filter sand shall be hard angular silicon material free of carbonates or other foreign material. Beach sand shall not be used. The effective sand size shall be between .30 and .45 millimeters. Sand uniformity coefficient shall not be greater than 2.5. Gravel used to support filter sand shall be rounded material, free of limestone and clay, and consist of at least three layers graded to prevent intermixing;
(2) Sand shall be placed from the surface to a minimum depth of thirty inches. Three-eighths inch gravel shall be placed three inches thick below the sand. One-half inch gravel shall be placed three inches below the three-eighths inch gravel. One inch gravel shall be placed six inches thick below the one-half inch gravel. A fabric pre-filter may be used on the surface of the sand;
(3) Maximum flow rate shall not exceed seventy-five gallons per day per square foot of the filter surface area;
(4) The minimum filter size dimensions shall be based on water usage of one hundred-twenty gallons per bedroom per day from the following chart;
Water needed Bedrooms Filter surface area Square or Round
Gallons per (Square feet) Rectangular Dia.
Day (Feet) (Feet)
360 3 5.7 2 X 3 3
480 4 7.1 2 X 4 3
600 5 8.6 3 X 3 4
(J) In addition to the requirements of paragraph (H) of this rule, pre-coat filters shall meet the following criteria;
(1) The pre-coat material shall be diatomaceous earth or processed perlite and be United States environmental protection agency graded material suitable for use with potable water;
(2) The pre-coat layer shall be one-eighth to one-fifth inches thick or equivalent to 0.2 pound per square foot;
(3) The designed filtration rate shall not exceed two gallons per minute per square foot of septum area; and
(4) The size of the filter shall be sufficient to meet the intended household usage per person per day.
(K) Mechanical in-line cartridge filters shall not be used in lieu of the filter designs required under this rule. However, mechanical in-line cartridge filter systems tested against ANSI/NSF standard fifty-three, may be used in addition to the filter designs required under this rule.
(L) A water storage tank used with ponds shall be adequate to meet the intended needs of the household, but it shall have a capacity of no less than two hundred gallons.
(M) Valves shall be protected from frost damage and installed so that they are accessible from the surface of the ground by means of an open stack.
(N) All water treatment components shall be protected from weather, freezing, and contamination, and also located in such a way so as to be easily inspected, cleaned, and serviced. With the exception of basement installation, all water treatment components of the system shall be stored above ground and housed in an enclosed area.
(O) All ponds in use as a private water supply source before the effective date of this rule shall comply with rule 3701-28-09 of the Administrative Code and paragraph (G) of this rule when the pond is altered or repaired.
(P) Water obtained from ponds used as a private water supply source shall be continuously disinfected as prescribed in rule 3701-28-09 of the Administrative Code. The owner shall maintain a written service agreement for the continuous disinfection of the system or test the water in the system in accordance with paragraph (E) of rule 3701-28-04 of the Administrative Code on an annual basis.
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, 1/1/2000