3745-92-05 Orders of the director, notice to owner.

(A) If the director finds that a system or part thereof for which an escrow deposit is required under section 6109.08 of the Revised Code is being operated but is not properly constructed, maintained, repaired or operated, he may order the owner and the operator of such system or part thereof to correct the deficiencies in construction, maintenance, repair or operation. If the order required construction, installation, or modification, the owner or operator, within ninety days of receipt of such order or within such additional period as the director may approve, shall submit plans for correcting the deficiency pursuant to rule 3745-91-02 of the Administrative Code.

(B) The director shall authorize use of funds in the escrow as necessary to enable compliance with his order. Upon prior written approval of the director the escrowee shall make payment to persons who have performed work under contract with the owner or his agent, or a designated representative, for the purpose of correcting such deficiencies in construction, maintenance, repair or operation, as ordered by the director. When funds are withdrawn from an escrow account, they shall be replaced by the owner or the operator of such system or part thereof within six months of withdrawal.

(C) If the system is owned by multiple owners of lots served by the system, the "owner" shall be considered notified for purposes of this rule when notice of the director's order is sent by first-class mail to the mailing address of the association representing the lot owners or to all the known officers of such association, or, if neither of these methods is possible, to the last known address of each lot owner.

(D) The provisions of this rule do not apply to the extent that they may be inconsistent with an emergency order made by the director under section 6109.05 of the Revised Code.

Cite as Ohio Admin. Code 3745-92-05

R.C. 119.032 review dates: 03/17/2011 and 03/17/2016
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04 , 6109.05, 6109.08
Prior Effective Dates: none