3718.04 Application for approval of nonconforming system - standards - notice to applicant.

(A) A manufacturer seeking approval for the use of a sewage treatment system or a component of a system in this state that differs in design or function from systems or components of systems the use of which is authorized in rules adopted under section 3718.02 of the Revised Code shall request an application form from the department of health. The applicant shall complete the form and include with it all of the information that is required by the department and the sewage treatment system technical advisory committee. The applicant shall submit a completed application and all required information to the director of health.

(B) Upon receipt of an application, the director shall examine the application and all accompanying information to determine if the application is complete. If the director determines that the application is not complete, the director shall notify the applicant not later than fourteen days after determining that the application is not complete, provide a description of the information that is missing from the application, and return the application and all accompanying information to the applicant. The applicant may resubmit the application to the director. Not later than fourteen days after receipt of a complete application, the director shall notify the committee of the complete application and send a copy of the complete application and all accompanying information to the committee together with a request that the committee advise the director on the approval or disapproval of the system.

(C) In approving or disapproving an application, the director shall use the standards and guidelines that the committee developed with the department for that purpose. The director shall not approve an application that fails to comply with those standards and guidelines. If the committee advises the director concerning the application, the director shall consider the advice before approving or disapproving the application. However, if the committee fails to provide advice or if the committee fails to provide advice within a reasonable period of time before the director is required to approve or disapprove the application, the director may approve or disapprove the application without considering the advice of the committee. Not later than ninety days after receipt of a complete application, the director shall approve or disapprove the application in writing. If the director fails to approve or disapprove the application within that ninety-day period, the application shall be deemed approved.

(D) If the director approves an application under this section, the director shall notify the applicant in writing. The director also shall notify boards of health in accordance with the procedures established in rules adopted under section 3718.02 of the Revised Code. If the director disapproves an application under this section, the director shall notify the applicant in writing and provide a brief explanation for the disapproval.

Effective Date: 05-06-2005