Public Health - Dayton & Montgomery County

Changes to Ohio Sewage Law and Rules

A new law enacted by the Ohio State Legislature will phase in changes to the rules governing household and small commercial sewage treatment systems. Some of those changes are outlined in the law and some will be determined as the detailed rules are developed. Common questions about the changes are clarified below.

Frequently Asked Questions

What prompted these changes?

An update to 30 year-old state sewage rules was adopted in January, 2007, but there were concerns raised over cost and ability at the local level to implement the rules. Due to those concerns the Ohio Legislature suspended the old law and rescinded the rules in July, 2007. Afterward the legislators convened a Study Commission to recommend changes for a new law and rules. The new law passed on June 18, 2010 incorporating many of those recommendations in directing how new rules should be written.

When do the new rules go into effect?

The law requires that new rules be adopted after January 1, 2012. The rule-writing process has already begun with the goal of taking the time necessary to build consensus around the new standards before implementation.

What is the rule-writing process?

The Ohio Department of Health has convened a study group of stakeholders which will meet to give input on how to implement the requirements of the new law. Thereafter, the rules will be drafted and presented to the stakeholders and the public in a series of regional meetings. Revisions will be made based on the feedback received before a final draft is presented to the Ohio Public Health Council, the body responsible for reviewing state rules relating to public health.

If my existing septic system is working, will I have to replace it?

No. The new law specifies that working systems are approved unless they are found to be creating a public health nuisance. If a system does develop a malfunction, the property owner is allowed to repair or alter the existing system, if that will correct the failure. The new rule standards will apply only to new systems and replacement systems.

Will the new rules be the same as the 2007 rules?

No, there will be at least some differences because the new law requires some changes to be made. Many of the other details will be worked out in the rule-writing process.

I had a “perc” test done years ago and my lot was approved then but was never built on. Can I still build a house using the old septic system design?

Yes, but only for a limited time. Owners with prior written lot split approvals may develop per the old approval if they submit a detailed design plan for review before January 1, 2012. After that time the site will need to be re-evaluated and the system designed to meet the new state standards.

I took out a permit before 2007, but was never able to build the house. Is my permit “grandfathered”?

Not exactly; that permit has long since expired, but approval of the general system type would be “grandfathered” temporarily. You would have until December 31, 2011 to resubmit a design plan for review in order to utilize the original system type.

If I submit a design plan for review and it is approved, how long is it good for?

An approved design plan submitted before January 1, 2012 will be valid for three (3) years from the date the application was received. In other words, you would have a three year window to acquire a permit to install the system per that design plan.

If I get my installation permit within the three (3) year window, how long is it good for?

An installation permit is valid for one year, with a six (6) month extension available if requested.

I had a design plan approved after January 2007, but my builder went out of business. The house is not finished yet so we haven’t taken out the installation permit or installed the septic system. How long is that design plan approval good for?

Under the new law, that approval was extended for three (3) years from the date of the original application. You will now have until the end of that three (3) year period to get your installation permit.

Will the rules apply to my proposed commercial building?

That depends on how much wastewater will be treated. Proposed non-residential buildings with sewage systems that treat 1000 gallons per day or less will be governed by these Ohio Department of Health rules. Proposed buildings with wastewater flows greater than 1000 gpd are governed by Ohio EPA regulations.

If I wait to have my site re-evaluated after January 1, 2012, will I have to install a mound system?

That depends. Sites with shallow soils or wet soils will likely need some type of enhanced treatment system (other than a simple septic tank/ leach field.) One likely approved option in those cases would be a sand mound system, but there are other approved systems which could be chosen by the property owner and his designer. The range of options will depend on the site characteristics and the details in the new rules.

How can I get more information?

General information about the new law or progress on writing of the new rules can be found at the Ohio Department of Health website.

Questions about a specific situation can be directed to the Water and Sewage staff of Public Health-Dayton & Montgomery County at 225-4428.