Ohio Department of HealthOhio Department of HealthBureau of Environmental Health

From Legislation to From Legislation to New STS RulesNew STS Rules

Why Legislation? Why new Rules?Why Legislation? Why new Rules?

• The household sewage program was the The household sewage program was the only ODH environmental health program only ODH environmental health program without a specific without a specific governing statutegoverning statute..

• The ODH household sewage system rules The ODH household sewage system rules have not been updated since 1977 … and have not been updated since 1977 … and over a quarter centuryover a quarter century much has changed. much has changed.

Why Legislation? Why new Rules?Why Legislation? Why new Rules?

MORE MORE IMPORTANTLYIMPORTANTLY there are problems there are problems with how Ohio has with how Ohio has managed its onsite managed its onsite sewage infrastructure sewage infrastructure for our individual for our individual households and other households and other small flow facilitiessmall flow facilities

SSTTSS

SEWAGE SEWAGE

TREATMENTTREATMENT

SYSTEMS:SYSTEMS:

HHSTSSTS & SFO & SFOSTSSTSNO longer NO longer HSHSDDSS – NO longer – NO longer DisposalDisposal

History of HB 231History of HB 231

• Representative Tom Niehaus (now Senator Representative Tom Niehaus (now Senator Niehaus) introduced HB 231 on June 24, 2003. Niehaus) introduced HB 231 on June 24, 2003.

• Governor Taft signed bill on February 1, 2005.Governor Taft signed bill on February 1, 2005.

• Law in effect as of May 6, 2005 and requires Law in effect as of May 6, 2005 and requires that that rules are adopted byrules are adopted by May 2006May 2006..

The Legislation - HB 231The Legislation - HB 231• HB 231 is the HB 231 is the foundation for changefoundation for change giving us a giving us a

“clean slate”“clean slate” for rule developmentfor rule development

• HB 231 is HB 231 is very comprehensivevery comprehensive and requires STS and requires STS standards for siting, design, installation, operation, standards for siting, design, installation, operation, monitoring, maintenance, and abandonment to be monitoring, maintenance, and abandonment to be included in the new rulesincluded in the new rules

• ORC Section 3718.02 (A)(1) to (A)(13)ORC Section 3718.02 (A)(1) to (A)(13) mandates mandates the rules to be adopted by the Public Health Council the rules to be adopted by the Public Health Council

ORC Section 3718.02 (A)(2 & 3)ORC Section 3718.02 (A)(2 & 3)

Public Health Council Rules:Public Health Council Rules:

2. 2. Requires site evaluation for STSRequires site evaluation for STS

3a.3a. Soil absorption specifications Soil absorption specifications

3b.3b. Specifications for discharging systems Specifications for discharging systems in accordance with NPDESin accordance with NPDES

3c.3c. Requirements for maintenance (O&M) Requirements for maintenance (O&M)

Challenges we must address in rules …Challenges we must address in rules …

Challenging IssuesChallenging Issues

• TechnicalTechnical – watertight tanks, pretreatment – watertight tanks, pretreatment components, marginal site conditions, components, marginal site conditions, perched seasonal high water tables and perched seasonal high water tables and gradient drainsgradient drains

• NPDES complianceNPDES compliance – discharging systems – discharging systems

• SubdivisionsSubdivisions – onsite versus sewers – onsite versus sewers• Professional Professional competency andcompetency and management management

capacitycapacity to support a sustainable onsite to support a sustainable onsite infrastructureinfrastructure

ORC Section 3718.02 (A)(11 to 13)ORC Section 3718.02 (A)(11 to 13)

PHC rules must also include …PHC rules must also include …

11.11. Criteria for 711 compliance (subdivisions) Criteria for 711 compliance (subdivisions)

12.12. Criteria and procedures for establishing Criteria and procedures for establishing optional HSTS management districtsoptional HSTS management districts

13.13. Criteria for Small Flow Onsite STS Criteria for Small Flow Onsite STS

PHC may adopt other rules under (A) that are PHC may adopt other rules under (A) that are determined necessary to implement ORC determined necessary to implement ORC

ODH Process for Development ODH Process for Development and Adoption of STS Rulesand Adoption of STS Rules

• Dr. Baird, our Director of Health, appointed an Dr. Baird, our Director of Health, appointed an ODH ODH Sewage Advisory Committee (SAC) Sewage Advisory Committee (SAC)

• First five bi-monthly meetings in April through First five bi-monthly meetings in April through June 2005 were used to gather SAC input on June 2005 were used to gather SAC input on challenging challenging “Decision Points” “Decision Points” ((see handoutsee handout))

• Monthly meetings from July to October 2005 Monthly meetings from July to October 2005 provided opportunities for SAC provided opportunities for SAC and interested and interested partiesparties to review to review working drafts of rulesworking drafts of rules

Time Line for Rule AdoptionTime Line for Rule AdoptionNovember 14, 2005November 14, 2005

Draft Rules distributed for public commentDraft Rules distributed for public commentLate November – Early December 2005Late November – Early December 2005

ODH conducts information meetings around the stateODH conducts information meetings around the stateLate December 2005Late December 2005

Final draft prepared based on public commentsFinal draft prepared based on public comments

January 2006January 2006Final draft presented to Public Health CouncilFinal draft presented to Public Health Council

January to May 2006January to May 2006Public Health Council and JCARR hearingsPublic Health Council and JCARR hearings

Draft STS Rules focused on Draft STS Rules focused on Planning – Related issues Planning – Related issues

• More emphasis on soil and site evaluationMore emphasis on soil and site evaluation

• Consideration of risk factors – limiting Consideration of risk factors – limiting conditions, hydrogeology, source waterconditions, hydrogeology, source water

• Promote coordination with Promote coordination with subdivision, county and areawide subdivision, county and areawide planning agenciesplanning agencies

Draft Rules 1 to 3Draft Rules 1 to 31.1. Definitions – Definitions – check out HSTS & SFOSTScheck out HSTS & SFOSTS2.2. Purpose and scope – not just STS, but people Purpose and scope – not just STS, but people

and organizations are addressed in rulesand organizations are addressed in rules3.3. Authority, applicability, … Authority, applicability, …

– Option to take on SFOSTSOption to take on SFOSTS– ““Henceforth”Henceforth” rules: an existing rules: an existing operatingoperating system system

is not subject to the new rules unless declared a is not subject to the new rules unless declared a public health nuisance by the board of healthpublic health nuisance by the board of health

– Emphasizes Emphasizes OWNEROWNER responsibilityresponsibility

Draft Rules 4 to 4.3Draft Rules 4 to 4.3Responsibilities of “People”Responsibilities of “People”

4.4. Owner, Site/Soil Evaluator, Designer Owner, Site/Soil Evaluator, Designer

4.14.1 Installer registrationInstaller registration

4.24.2 Septage Hauler registrationSeptage Hauler registration

4.34.3 Service Provider registrationService Provider registration

““ Demonstration of Competency Demonstration of Competency ””

Draft Rules 5 to 6.1Draft Rules 5 to 6.1Administration / AccountabilityAdministration / Accountability

5.5. Survey and approved listSurvey and approved list

6.6. Fees and reportingFees and reporting

6.16.1 Cost methodologyCost methodology

The law requires ODH oversight of local The law requires ODH oversight of local health department STS programshealth department STS programs

Draft Rule 7Draft Rule 7General Provisions and General Provisions and

PROHIBITIONSPROHIBITIONS

Encourages consideration of STS suitability and Encourages consideration of STS suitability and regulatory requirements regulatory requirements prior to investingprior to investing

Overview of the conditions that impact STS use: Overview of the conditions that impact STS use: – general criteria for STS performancegeneral criteria for STS performance– limits the use of discharging HSTSlimits the use of discharging HSTS, and , and – other regulations related to the use of a STSother regulations related to the use of a STS

Draft Rules 8 & 8.1Draft Rules 8 & 8.1

8.8. Site and soil evaluation – establishes the Site and soil evaluation – establishes the “common ground”“common ground” for design decisions; for design decisions;

use of a statewide form will help as welluse of a statewide form will help as well

8.18.1 Subdivisions and new lots – Subdivisions and new lots – prevents future prevents future problemsproblems by assuring STS suitability; by assuring STS suitability;

must address must address new ORC 711 provisionsnew ORC 711 provisions

Draft Rules 9 & 9.1Draft Rules 9 & 9.1PERMITSPERMITS

Installation permits for new and replacement STSInstallation permits for new and replacement STS::

promotes application PRIOR to homepromotes application PRIOR to home

construction to construction to site and protect the STS areasite and protect the STS area

Operation permitsOperation permits – complexity of the STS – complexity of the STS determines operation & maintenance (O&M) determines operation & maintenance (O&M) and any service contract requirementsand any service contract requirements

9.19.1 Layout plans, design plans, as-built Layout plans, design plans, as-built recordsrecords

Draft Rules 10 to 12Draft Rules 10 to 12

1010 Sewage source, building sewer, …Sewage source, building sewer, …““need to know”need to know” what is going into the STS what is going into the STS

1111 Tanks, pumps, and controlsTanks, pumps, and controlsWATERTIGHT TANKSWATERTIGHT TANKS are a major priority are a major priority

1212 Effluent quality standards and pretreatment …Effluent quality standards and pretreatment …- NPDES discharge standards to be set by OEPANPDES discharge standards to be set by OEPA- ODH rules set standards for soil-based systemsODH rules set standards for soil-based systems- EXAMPLEEXAMPLE of fecal standard of fecal standard

Soil depth credit - ESoil depth credit - Example #1: Fecal Standards in Rule 12 Fecal Standards in Rule 12

NATURAL GRADE

TRENCH TRENCH TRENCH

Septic Tank effluent - FULL vertical separation distance

Fecal Standard< 10,000 (104)

One Foot Credit

Fecal Standard< 1000 (103)

Two Foot Credit

Depthto

LimitingCondition

When less depth to limitation, can useWhen less depth to limitation, can use Soil Depth CreditsSoil Depth Credits

Example #2 - Elevation CreditExample #2 - Elevation Credit

S H A L L O W T R E NC H

M O U N D

A T – G R A D E

N A T U R A L G R A D E

Draft Rule 13Draft Rule 13

Soil absorption provisions allow for many types Soil absorption provisions allow for many types of STS, but set of STS, but set siting requirementssiting requirements … …

3’ depth 3’ depth to restrictive soil layers,to restrictive soil layers, bedrock, bedrock, ground water, and very porous materials ground water, and very porous materials connected to ground waterconnected to ground water

ExceptExcept 2’ 2’ for perched seasonal high water tablefor perched seasonal high water table

… … and and siting limitationssiting limitations of at least 1’ of soil, of at least 1’ of soil, UNLESS a variance for perched waterUNLESS a variance for perched water

Draft Rules 13.1 to 13.3Draft Rules 13.1 to 13.3

13.113.1 Leaching trench requirementsLeaching trench requirements

13.213.2 Mound with pressure distributionMound with pressure distribution

13.3 13.3 Drip distribution requirementsDrip distribution requirements

1 & 21 & 2 provide options for installer layout provide options for installer layout plans on suitable sites plans on suitable sites

These 3 do NOT prevent use of other optionsThese 3 do NOT prevent use of other options

Draft Rules 14 & 15Draft Rules 14 & 15

1414 Site modification:Site modification:fill materialfill materialfield tilesfield tilessurface water diversionsurface water diversioninterceptor and gradient drainsinterceptor and gradient drains

1515 Privies and holding tanks – very limited use Privies and holding tanks – very limited use and only by board of health varianceand only by board of health variance

Draft Rules 16 to 16.2Draft Rules 16 to 16.21616 Education, inspection, compliance, and Education, inspection, compliance, and

enforcement – enforcement – A proactive approachA proactive approach

The law requires a STS inspection by the local health The law requires a STS inspection by the local health department within first 18 months – this is the department within first 18 months – this is the only required operation inspectiononly required operation inspection (NOTE: (NOTE: required O&M service vs. inspection) required O&M service vs. inspection)

16.116.1 O&M management – rule allows flexibilityO&M management – rule allows flexibility

16.216.2 Residuals management – Federal 503 and Residuals management – Federal 503 and the land application of domestic septagethe land application of domestic septage

Draft Rules 17 & 18Draft Rules 17 & 18

1717 STS Abandonment - “cradle to grave”STS Abandonment - “cradle to grave”

1818 Variance rule - statewide consistency Variance rule - statewide consistency promotes equity for citizens and thus should promotes equity for citizens and thus should discourage variances that would undermine discourage variances that would undermine the intent of the rulesthe intent of the rules

Comments PLEASE !Comments PLEASE !

Comments due Friday – Comments due Friday – December 16, 2005December 16, 2005

Handout provides the e-mail address ofHandout provides the e-mail address of

BEH@odh.ohio.gov BEH@odh.ohio.gov … … and fax and mail addresses and fax and mail addresses

PLEASE be specific!PLEASE be specific!