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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3701-29-18 | Privies, holding tanks, and portable toilets.


(A) A holding tank or privy shall only be installed by a registered installer when authorized and permitted by the board of health in compliance with this chapter.

(B) A privy shall only be permitted and installed as a HSTS under the following limited conditions:

(1) All plumbing or drain connections to the privy are prohibited;

(2) The privy shall comply with the requirements of paragraph (A) of rule 3701-29-12 of the Administrative Code and shall have a capacity of not less than five hundred gallons;

(3) Except for unoccupied buildings, the location of the privy shall comply with all isolation distance requirements in paragraph (G)(3) of rule 3701-29-06 of the Administrative Code; and

(4) The superstructure shall be vented and minimize entry of insects, animals or surface water.

(C) A holding tank permitted as a HSTS shall meet the following specifications when a variance has been granted by the board of health:

(1) For temporary abatement of a public health nuisance for an existing system;

(2) The site with the holding tank shall be placed into an O&M monitoring program;

(3) A holding tank shall comply with the tank requirements of rule 3701-29-12 of the Adminstrative Code;

(4) A holding tank shall be located to meet the isolation distance requirements of the rules and shall be easily accessible for frequent pumping;

(5) The size of the holding tank shall take into account the design flow criteria established in rule. The board of health shall establish a required frequency of pumping for the tank or require the installation of a high water alarm in compliance with this rule as a condition of the variance; and

(6) On a temporary basis during inclement weather and/or during the non-installation season when the property owner must take occupancy until soil conditions are suitable for complete system installation.

(D) Portable toilets and portable sewage tanks shall be constructed to be watertight and structurally sound, prevent spillage during transport, and provide access for removal of the contents. For purposes of this rule, portable toilets and portable sewage tanks also include type III marine sanitation devices.

(E) A board of health that has taken responsibility for SFOSTS shall not permit a holding tank for a SFOSTS. Except as permitted for HSTS in accordance with this paragraph, holding tanks are subject to the requirements of Ohio EPA under rule 3745-42-11 of the Administrative Code.

(F) The owner of a privy, holding tank, portable toilet, portable sewage tanks, or type III marine sanitation device shall have a registered septage hauler remove the contents of the vault or tank before the capacity is exceeded.

(G) As a condition of the operation permit required in paragraph (I) of rule 3701-29-09 of the Administrative Code, the board of health shall require the contents of a privy or holding tank be removed in accordance with this rule and in compliance with any other installation permit, operation permit or variance conditions established by the board of health.

Supplemental Information

Authorized By: 3718.02
Amplifies: 3718.02
Five Year Review Date: 6/29/2020
Prior Effective Dates: 7/1/1974, 7/1/1977, 7/2/2007, 7/30/2007