Chapter 3745-86 Drinking Water Protection Fund

3745-86-01 Emergency loans.

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

(1) "Fund" means the drinking water protection fund created by section 6109.30 of the Revised Code.

(2) "Fiscal year" means the state of Ohio fiscal year which commences on July first.

(3) "Owner or operator of a public water system" means the person to which a license to operate a public water system has been issued pursuant to Chapter 3745-84 of the Administrative Code.

(4) "Threat of contamination" means anything that prevents a public water system from supplying adequate quantities of safe, potable water to its existing water users.

(B) Application for loans for emergency remediation of threats of contamination to public water systems.

(1) The owner or operator of a public water system whose license to operate a public water system has not expired nor been suspended or revoked may apply to the director for an emergency loan from the fund for the purpose of remediating a threat of contamination to that system.

(2) Application for an emergency loan shall be made on a form provided by the director and shall contain all information the director deems necessary.

(3) All emergency loan applications shall be signed as follows.

(a) Corporations: loan applications shall be signed by a principal executive officer of at least the level of vice president.

(b) Partnerships: loan applications shall be signed by a general partner.

(c) Sole proprietorships: loan applications shall be signed by the proprietor.

(d) Municipal, state, federal, or other public agencies: loan applications shall be signed by a principal executive or other ranking elected official.

(4) Signatures on emergency loan applications shall be notarized.

(5) Incomplete emergency loan applications shall be returned and no further action shall be taken by the director.

(C) Terms of emergency loans from the fund.

(1) The director shall not loan more than twenty-five thousand dollars to the owner or operator of any single public water system from the fund.

(2) The owner or operator of a public water system that receives an emergency loan from the fund shall repay that loan not later than twelve months after the receipt of the loan. Repayment shall be made by tendering a certified check in the amount of the loan drawn to the treasurer of the state of Ohio and submitted to the fiscal administrator, Ohio environmental protection agency.

(3) The director shall not accept or consider any application for an emergency loan from the fund in any fiscal year in which two hundred thousand dollars in emergency loans have already been granted.

(4) The director's decisions regarding applications for emergency loans from the fund shall be final actions of the director.

Replaces: Part of 3745-86-01, part of 3745-86-02, former 3745-86-03

R.C. 119.032 review dates: 03/17/2011 and 03/17/2016
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.30
Prior Effective Dates: 01/20/95