(A) The director of environmental protection shall not approve plans for construction, installation, or substantial modification of a community water system that serves fewer than five hundred service connections, or any part of such a system, except a system owned and operated by a public entity or a system regulated by the public utilities commission, unless the owner or operator of the system or part thereof has provided financial assurance, in a form acceptable to the director, in an amount equal to fifteen per cent of the cost of the system or part thereof owned by the owner or operator, but not to exceed one hundred thousand dollars.

Terms Used In Ohio Code 6109.08

  • Community water system: means a public water system that has at least fifteen service connections used by year-round residents or that regularly serves at least twenty-five year-round residents. See Ohio Code 6109.01
  • director: includes an authorized representative of the director. See Ohio Code 6109.01
  • Public water system: includes any collection, treatment, storage, and distribution facilities under control of the operator of the system and used primarily in connection with the system, any collection or pretreatment storage facilities not under such control that are used primarily in connection with the system, and any water supply system serving an agricultural labor camp as defined in section 3733. See Ohio Code 6109.01
  • state: means the state of Ohio. See Ohio Code 1.59

(B) If a system for which f inancial assurance is required under division (A) of this section is not properly constructed, maintained, repaired, or operated, the director may order the owner or operator of t he system or part thereof to correct the deficiencies, and shall authorize the use of m oney from the financial assurance as necessary to enable compliance with the order. When money from the financial assurance is used, the owner or the operator of t he system or part thereof shall replace such money within six months of its use.

(C) For purposes of this section, “community water system” means a public water system that serves at least fifteen service connections used by year-round residents or t hat regularly serves at least twenty-five year-round residents.

For purposes of this section, “public entity” means the federal government, the state, any political subdivision, and any agency, institution, or instrumentality thereof.