Chapter 3745-84 Public Water Systems Licenses

3745-84-01 Definitions.

Except as otherwise noted, the definitions in rule 3745-81-01 of the Administrative Code shall apply to this chapter.

(A) "License to Operate" means the public water system license or license renewal required by section 6109.21 of the Revised Code and in accordance with this chapter.

(B) "Number of wells supplying system" means those wells that are physically connected to the plumbing system serving the public water system.

(C) "Population served" means the total number of individuals having access to the water supply during a twenty-four hour period averaged over at least sixty days during any calendar year.

(D) "Service connection" means the number of active or inactive pipes, goosenecks, pigtails, and any other fittings connecting a water main to any building outlet.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/17/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3745.11 , 6109.04 , 6109.21
Rule Amplifies: 6109.21
Prior Effective Dates: 12/01/93, 01/01/99, 04/21/01, 08/03/04, 04/01/09

3745-84-02 Application for a license to operate or maintain a public water system.

(A) Except as provided in section 6109.21 of the Revised Code, no person shall operate or maintain a public water system in the state of Ohio without a public water system license to operate issued by the director.

(B) Any person proposing to operate or maintain a new public water system shall submit a pre-application, an application and the appropriate fee, as set forth in rule 3745-84-05 of the Administrative Code.

(C) The pre-application for an initial public water system license to operate shall be on a form provided by the director, and the following information shall be provided or verified by the applicant within forty-five days of receipt of the form:

(1) Public water system identification number .

(2) Name, address and telephone number of the public water system .

(3) Name, address and telephone number of legal owner .

(4) Name, address and telephone number of lessee .

(5) Name, address and telephone number of financial contact .

(6) Name, address and telephone number of operator of record .

(7) Population served .

(8) Number of service connections .

(9) Source of water, including purchased and hauled water source .

(10) Number of wells supplying the public water system .

(11) Additional data which may be required by the director.

(D) A completed application for an initial public water system license to operate along with the appropriate fee shall be submitted to the director not less than thirty days prior to operation of the public water system.

(E) Within thirty days of receipt of both a completed application for a public water system license to operate under this rule and the applicable fee, the director shall act on the application by doing one of the following:

(1) Issuing the license to operate.

(2) Issuing the license to operate subject to terms and conditions in accordance with rule 3745-84-06 of the Administrative Code .

(3) Denying the license to operate in accordance with rule 3745-84-06 of the Administrative Code.

(F) Submission of a completed application and issuance of a license to operate shall allow the director or an authorized representative of Ohio EPA, upon the presentation of credentials and other documents as may be required by law, to do the following:

(1) Enter upon the premises where a regulated facility or activity is located or conducted or where records must be kept to comply with drinking water requirements under Chapter 6109. of the Revised Code and the rules adopted thereunder.

(2) Access and copy at reasonable times, any records that must be kept to comply with drinking water requirements under Chapter 6109. of the Revised Code and the rules adopted thereunder.

(3) Inspect at reasonable times any facilities or equipment.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/17/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3745.11 , 6109.04 , 6109.21
Rule Amplifies: 6109.21
Prior Effective Dates: 12/01/93, 01/01/99, 04/21/01, 08/03/04, 04/01/09

3745-84-03 Expiration and renewal of license to operate or maintain a public water system.

(A) A public water system license to operate, issued pursuant to section 6109.21 of the Revised Code and in accordance with this chapter, shall expire on the thirtieth day of January in the year following of its issuance.

(B) A person holding a public water system license to operate issued by the director under section 6109.21 of the Revised Code, who is proposing to continue operating the public water system, shall submit a pre-application, an application and the appropriate fee, as set forth in rule 3745-84-05 of the Administrative Code.

(C) The pre-application for a public water system license to operate shall be on a form provided by the director, and the information required in paragraph (C) of rule 3745-84-02 of the Administrative Code reflecting the current conditions of the public water system shall be provided or verified by the applicant within forty-five days of receipt of the form.

(D) A completed application for a public water system license to operate along with the appropriate fee shall be submitted to the director not less than thirty days prior to the expiration date of the license to operate.

(E) Except as otherwise noted in paragraph (F) of section 6109.21 of the Revised Code, within thirty days of receipt of a completed application for a public water system license to operate under this rule and the applicable fee, both submitted timely, the director shall act on the application by doing one of the following:

(1) Issuing the license to operate.

(2) Issuing the license to operate subject to terms and conditions in accordance with rule 3745-84-06 of the Administrative Code .

(3) Denying the license to operate in accordance with rule 3745-84-06 of the Administrative Code.

(F) The director shall not act on an application submitted by any public water system with a license to operate under a period of denial, suspension or revocation.

(G) Submission of a completed application and issuance of a license to operate shall allow the director or an authorized representative of Ohio EPA, upon the presentation of credentials and other documents as may be required by law, to do the following:

(1) Enter upon the premises where a regulated facility or activity is located or conducted or where records must be kept to comply with drinking water requirements under Chapter 6109. of the Revised Code and the rules adopted thereunder.

(2) Access and copy at reasonable times, any records that must be kept to comply with drinking water requirements under Chapter 6109. of the Revised Code and the rules adopted thereunder.

(3) Inspect at reasonable times any facilities or equipment.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/17/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3745.11 , 6109.04 , 6109.21
Rule Amplifies: 6109.21
Prior Effective Dates: 12/01/93, 01/01/99, 04/21/01, 08/03/04, 04/01/09

3745-84-04 Format and display of license to operate or maintain a public water system.

(A) A public water system license to operate issued by the director pursuant to this chapter is the property of the state of Ohio.

(B) A public water system shall return a revoked or suspended license to operate to the director by certified mail within seven days of the effective date of revocation or suspension .

(C) A color-coded license to operate or sign shall be issued by the director representing the status of the license to operate, as follows:

(1) A green license to operate shall be issued to a public water system licensed without conditions.

(2) A yellow license to operate shall be issued to a public water system licensed with conditions.

(3) A red sign shall be issued to a public water system not licensed due to denial , suspension or revocation of the license to operate.

(D) The color-coded license to operate or red sign shall be prominently displayed by the public water system.

(1) Community public water systems shall display the license to operate or red sign at the office of the public water system and notify its customers of the status of its license to operate in the consumer confidence report (CCR) in accordance with Chapter 3745-96 of the Administrative Code. Additionally, community public water systems with a denied, suspended or revoked license to operate shall notify its customers of the status of its license to operate by issuing a tier 1 public notice in accordance with rule 3745-81-32 of the Administrative Code.

(2) Noncommunity public water systems shall display the license to operate or red sign so as to be clearly visible to the general public and to any person entering the facility.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/17/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3745.11 , 6109.04 , 6109.21
Rule Amplifies: 6109.21
Prior Effective Dates: 12/01/93, 01/01/99, 04/21/01, 08/03/04, 04/01/09

3745-84-05 Fees for operating or maintaining a public water system.

(A) Pursuant to section 3745.11 of the Revised Code, a person applying for a public water system license to operate or maintain a public water system under section 6109.21 of the Revised Code and this chapter shall pay the appropriate fee according to the schedule set forth in division (M) of section 3745.11 of the Revised Code at the time of submission of the application to the director.

(B) Failure to submit the application by the due date or failure to pay the appropriate fee required by division (M) of section 3745.11 of the Revised Code at the time of submission of application for a public water system license to operate, as set forth in paragraph (D) of rules 3745-84-03 and 3745-84-02 of the Administrative Code, shall require payment of an additional amount equal to ten per cent of the appropriate fee.

(C) Failure to pay the appropriate fee required by division (M) of section 3745.11 of the Revised Code shall render an application for a public water system license to operate incomplete. The director shall not act on an incomplete application for a public water system license to operate.

(D) Payment of fees required by division (M) of section 3745.11 of the Revised Code shall be made by tendering payment, in a form acceptable to the director, to the treasurer of the state of Ohio. The director shall transmit all fees collected under this rule to the treasurer of the state for deposit into the drinking water protection fund created in section 6109.30 of the Revised Code.

(E) For public water systems that are community water systems as defined in rule 3745-81-01 of the Administrative Code, the fees for a license to operate, required under this chapter, shall be as set forth in division (M)(1) of section 3745.11 of the Revised Code. The public water system may determine its means for obtaining fees, including the assessment of additional user fees which may be assessed on a volumetric basis.

(F) For public water systems that are nontransient noncommunity water systems as defined in rule 3745-81-01 of the Administrative Code, the fees for a license to operate, required by this chapter, shall be as set forth in division (M)(2) of section 3745.11 of the Revised Code.

(G) For public water systems that are transient noncommunity water systems as defined in rule 3745-81-01 of the Administrative Code, the fees for a license to operate, required by this chapter, shall be as set forth in division (M)(3) of section 3745.11 of the Revised Code.

(H) A public water system designated as using a surface water source shall pay a fee of seven hundred ninety-two dollars or the amount calculated under division (M)(1) or (M)(2) of section 3745.11 of the Revised Code, whichever is greater.

(I) For a public water system to operate for any portion of a license year, the entire fee required by division (M) of section 3745.11 of the Revised Code shall be paid, except as provided for new systems under division (M)(5) of section 3745.11 of the Revised Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/17/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3745.11 , 6109.04 , 6109.21
Rule Amplifies: 6109.21
Prior Effective Dates: 12/01/93, 01/01/99, 04/21/01, 08/03/04, 04/01/09

3745-84-06 Conditioning, denial, suspension and revocation of a license to operate or maintain a public water system.

(A) In accordance with divisions ( F) and ( G) of section 6109.21 of the Revised Code, the director may condition, deny , suspend or revoke a license to operate or maintain a public water system issued under this chapter, which may include any other license to operate a public water system issued to such person by the director, for violations of Chapter 6109. of the Revised Code and the administrative rules adopted thereunder. In conditioning, denying , suspending, or revoking a license to operate, the director shall act in accordance with the provisions of Chapters 119., 3745., and 6109. of the Revised Code.

(1) The director may condition a license to operate at any time to require correction of violations of Chapter 6109. of the Revised Code and the administrative rules adopted thereunder.

(2) The director may deny a license to operate if public health is subject to immediate threat, the public water system has violated an order of the director or a condition of a license, or the public water system has failed to fulfill the requirements of a reinstatement of a suspended license.

(3) The director may at any time suspend or revoke a license to operate if the public water system has violated an order of the director or failed to meet the requirements of a conditioned license.

(4) The director may suspend or revoke a license to operate, immediately, without prior orders or conditioning of a license if the public water system's violations threaten the public health through the threat of imminent or confirmed contamination, the operation of the public water system has degraded to create an imminent health threat, or violations that pose an acute risk to human health remain unaddressed.

(B) Suspension of a license to operate shall be for a time period specified by the director, but no less than six months and no more than one year, depending on the severity of the violations or the amount of corrective action necessary to bring the system into compliance. Before the license to operate may be reinstated or renewed, the public water system shall submit a written certification indicating that the violations upon which the license to operate was suspended have been corrected and the terms and conditions of the suspension have been satisfied. If reinstatement is for a subsequent year, an application and appropriate fee shall be submitted in accordance with rule 3745-84-03 of the Administrative Code. Failure to correct the violations upon which the suspension was based will prohibit reinstatement of the license to operate. If the public water system fails to fulfill the requirements of the suspension, the director may deny the license to operate application or may revoke the license to operate.

(C) Revocation or denial of a license to operate shall be for a time period specified by the director, but no less than one year and no more than five years. A public water system which has had a license to operate revoked or denied may, after the period of revocation or denial has expired, submit an application for renewal of the license to operate and the appropriate fee in accordance with rule 3745-84-03 of the Administrative Code. The application for renewal shall include a written certification indicating that the violations upon which the license to operate was denied or revoked have been corrected and the terms and conditions of the denial or revocation have been satisfied.

(D) Failure to apply for a license to operate does not limit the director's ability to administer and enforce Chapter 6109. of the Revised Code and rules adopted thereunder.

(E) In conditioning, suspending or revoking a license to operate, the director may assess a penalty for past violations in accordance with the administrative penalty authority of section 6109.23 of the Revised Code and rule 3745-81-04 of the Administrative Code.

(F) No person shall receive a refund when the director acts on a license to operate under this rule.

(G) No person shall operate a public water system with an expired, denied or revoked license to operate. A public water system with an expired, denied or revoked license to operate is prohibited from producing water for human consumption as defined in rule 3745-81-01 of the Administrative Code. A public water system with a suspended license to operate may only operate as authorized by the director.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/17/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3745.11 , 6109.04 , 6109.21
Rule Amplifies: 6109.21
Prior Effective Dates: 12/01/93, 01/01/99, 04/21/01, 08/03/04, 04/01/09