Bill Text: OH HB49 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To authorize a board of county commissioners or a board of trustees of a regional water and sewer district to offer discounts on water and sewer rates to persons sixty-five years of age or older.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2009-02-24 - To Local Government/Public Administration [HB49 Detail]

Download: Ohio-2009-HB49-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 49

Representative Ujvagi 

Cosponsors: Representatives Phillips, Pryor, Okey, Newcomb, Letson, Fende, Chandler, Yuko, Bolon 

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A BILL

To amend sections 6103.01, 6103.02, 6117.01, 6117.02,

1

and 6119.011 and to enact section 6119.091 of the

2

Revised Code to authorize a board of county

3

commissioners or a board of trustees of a regional

4

water and sewer district to offer discounts on

5

water and sewer rates to persons sixty-five years

6

of age or older.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 6103.01, 6103.02, 6117.01, 6117.02,	8
and 6119.011 be amended and section 6119.091 of the Revised Code	9
be enacted to read as follows:	10

Sec. 6103.01.  As used in this chapter:

11

(A) "Public water supply facilities," "water supply	12
facilities," "water supply improvement," or "improvement" means,	13
without limiting the generality of those terms, water wells and	14
well fields, springs, lakes, rivers, streams, or other sources of	15
water supply, intakes, pumping stations and equipment, treatment,	16
filtration, or purification plants, force and distribution lines	17
or mains, cisterns, reservoirs, storage facilities, necessary	18
equipment for fire protection, other related structures,	19
equipment, and furnishings, and real estate and interests in real	20
estate, necessary or useful in the proper development of a water	21
supply for domestic or other purposes and its proper distribution.	22

(B) "Current operating expenses," "debt charges," "permanent	23
improvement," "public obligations," and "subdivision" have the	24
same meanings as in section 133.01 of the Revised Code.	25

(C) "Construct," "construction," or "constructing" means	26
construction, reconstruction, enlargement, extension, improvement,	27
renovation, repair, and replacement of water supply facilities,	28
but does not include repairs, replacements, or similar actions	29
that do not constitute and qualify as permanent improvements.	30

(D) "Maintain," "maintaining," or "maintenance" means	31
repairs, replacements, and similar actions that constitute and are	32
payable as current operating expenses and that are required to	33
restore water supply facilities to, or to continue water supply	34
facilities in, good order and working condition, but does not	35
include construction of permanent improvements.	36

(E) "Public agency" means a state and any agency or	37
subdivision of a state, including a county, a municipal	38
corporation, or other subdivision.	39

(F) "County sanitary engineer" means either of the following:

40

(1) The registered professional engineer employed or	41
appointed by the board of county commissioners to be the county	42
sanitary engineer as provided in section 6117.01 of the Revised	43
Code;	44

(2) The county engineer, if, for as long as and to the extent	45
that engineer by agreement entered into under section 315.14 of	46
the Revised Code is retained to discharge the duties of a county	47
sanitary engineer under this chapter.	48

(G) "Homestead exemption" means the reduction of taxes	49
allowed under division (A) of section 323.152 of the Revised Code.	50

(H) "Low- and moderate-income persons" has the same meaning	51
as in section 175.01 of the Revised Code.	52

Sec. 6103.02.  (A) For the purpose of preserving and	53
promoting the public health and welfare, a board of county	54
commissioners may acquire, construct, maintain, and operate any	55
public water supply facilities within its county for one or more	56
sewer districts and may provide for their protection and prevent	57
their pollution and unnecessary waste. The board may negotiate and	58
enter into a contract with any public agency or any person for the	59
management, maintenance, operation, and repair of the facilities	60
on behalf of the county, upon the terms and conditions as may be	61
agreed upon with the agency or person and as may be determined by	62
the board to be in the interests of the county. By contract with	63
any public agency or any person operating public water supply	64
facilities within or without its county, the board also may	65
provide a supply of water to a sewer district from the facilities	66
of the public agency or person.	67

(B) The county sanitary engineer or sanitary engineering	68
department, in addition to other assigned duties, shall assist the	69
board in the performance of its duties under this chapter and	70
shall be charged with other duties and services in relation to	71
the board's duties as the board prescribes.	72

(C) The board may adopt, publish, administer, and enforce	73
rules for the construction, maintenance, protection, and use of	74
county-owned or county-operated public water supply facilities	75
outside municipal corporations and of public water supply	76
facilities within municipal corporations that are owned or	77
operated by the county or that are supplied with water from water	78
supply facilities owned or operated by the county, including, but	79
not limited to, rules for the establishment and use of any	80
connections, the termination in accordance with reasonable	81
procedures of water service for nonpayment of county water rates	82
and charges, and the establishment and use of security deposits to	83
the extent considered necessary to ensure the payment of county	84
water rates and charges. The rules shall not be inconsistent with	85
the laws of the state or any applicable rules of the director of	86
environmental protection.	87

(D) No public water supply facilities shall be constructed in	88
any county outside municipal corporations by any person, except	89
for the purpose of supplying water to those municipal	90
corporations, until the plans and specifications for the	91
facilities have been approved by the board. Construction shall be	92
done under the supervision of the county sanitary engineer. Any	93
person constructing public water supply facilities shall pay to	94
the county all expenses incurred by the board in connection with	95
the construction.	96

(E) The county sanitary engineer or the county sanitary	97
engineer's authorized assistants or agents, when properly	98
identified in writing or otherwise and after written notice is	99
delivered to the owner at least five days in advance or mailed at	100
least five days in advance by first class or certified mail to the	101
owner's tax mailing address, may enter upon any public or private	102
property for the purpose of making, and may make, surveys or	103
inspections necessary for the design or evaluation of county	104
public water supply facilities. This entry is not a trespass and	105
is not to be considered an entry in connection with any	106
appropriation of property proceedings under sections 163.01 to	107
163.22 of the Revised Code that may be pending. No person or	108
public agency shall forbid the county sanitary engineer or the	109
county sanitary engineer's authorized assistants or agents to	110
enter, or interfere with their entry, upon the property for the	111
purpose of making the surveys or inspections. If actual damage is	112
done to property by the making of the surveys or inspections, the	113
board shall pay the reasonable value of the damage to the property	114
owner, and the cost shall be included in the cost of the	115
facilities and may be included in any special assessments levied	116
and collected to pay that cost.	117

(F) The board shall fix reasonable rates, including penalties	118
for late payments, for water supplied to public agencies and	119
persons when the source of supply or the facilities for its	120
distribution are owned or operated by the county and may change	121
the rates from time to time as it considers advisable. When the	122
source of the water supply to be used by the county is owned by	123
another public agency or person, the schedule of rates to be	124
charged by the public agency or person shall be approved by the	125
board at the time it enters into a contract for the use of water	126
from the public agency or person. When	127

When the distribution facilities are owned by the county, the	128
board also may fix reasonable charges to be collected for the	129
privilege of connecting to the distribution facilities and may	130
require that, prior to the connection, the charges be paid in full	131
or, if determined by the board to be equitable in a resolution	132
relating to the payment of the charges, may require their payment	133
in installments, as considered adequate by the board, at the	134
times, in the amounts, and with the security, carrying charges,	135
and penalties as may be determined by the board in that resolution	136
to be fair and appropriate. No public agency or person shall be	137
permitted to connect to those facilities until the charges have	138
been paid in full or provision for their payment in installments	139
has been made. If the connection charges are to be paid in	140
installments, the board shall certify, to the county auditor,	141
information sufficient to identify each parcel of property served	142
by a connection and, with respect to each parcel, the total of the	143
charges to be paid in installments, the amount of each	144
installment, and the total number of installments to be paid. The	145
county auditor shall record and maintain the information so	146
supplied in the waterworks record provided for in section 6103.16	147
of the Revised Code until the connection charges are paid in full.	148
The board may include amounts attributable to connection charges	149
being paid in installments in its billings of rates and other	150
charges for water supplied. In addition, the board may consider	151
payments made to a school district under section 6103.25 of the	152
Revised Code when the board establishes rates and other charges	153
for water supplied.	154

A board may establish discounted rates or charges or may	155
establish another mechanism for providing a reduction in rates or	156
charges for persons who are sixty-five years of age or older. The	157
board shall establish eligibility requirements for such discounted	158
or reduced rates or charges, including a requirement that a person	159
be eligible for the homestead exemption or qualify as a low- and	160
moderate-income person.	161

(G) When any rates or charges are not paid when due, the	162
board may do any or all of the following:	163

(1) Certify the unpaid rates or charges, together with any	164
penalties, to the county auditor. The county auditor shall place	165
the certified amount upon the real property tax list and duplicate	166
against the property served by the connection. The certified	167
amount shall be a lien on the property from the date placed on the	168
real property tax list and duplicate and shall be collected in the	169
same manner as taxes, except that, notwithstanding section 323.15	170
of the Revised Code, a county treasurer shall accept a payment in	171
that amount when separately tendered as payment for the full	172
amount of the unpaid rates or charges and associated penalties.	173
The lien shall be released immediately upon payment in full of the	174
certified amount.	175

(2) Collect the unpaid rates or charges, together with any	176
penalties, by actions at law in the name of the county from an	177
owner, tenant, or other person or public agency that is liable for	178
the payment of the rates or charges;	179

(3) Terminate, in accordance with established rules, the	180
water service to the particular property unless and until the	181
unpaid rates or charges, together with any penalties, are paid in	182
full;	183

(4) Apply, to the extent required, any security deposit made	184
in accordance with established rules to the payment of the unpaid	185
rates and charges, together with any penalties, for water service	186
to the particular property.	187

All moneys collected as rates, charges, or penalties fixed or	188
established in accordance with division (F) of this section for	189
water supply purposes in or for any sewer district shall be paid	190
to the county treasurer and kept in a separate and distinct water	191
fund established by the board to the credit of the district.	192

Each board that fixes water rates or charges may render	193
estimated bills periodically, provided that at least quarterly it	194
shall schedule an actual reading of each customer's meter so as to	195
render a bill for the actual amount shown by the meter reading to	196
be due, with credit for prior payments of any estimated bills	197
submitted for any part of the billing period, except that	198
estimated bills may be rendered if a customer's meter is not	199
accessible for a timely reading or if the circumstances preclude a	200
scheduled reading. Each board also shall establish procedures	201
providing a fair and reasonable opportunity for the resolution of	202
billing disputes.	203

When property to which water service is provided is about to	204
be sold, any party to the sale or an agent of a party may request	205
the board to have the meter at that property read and to render,	206
within ten days following the date on which the request is made, a	207
final bill for all outstanding rates and charges for water	208
service. The request shall be made at least fourteen days prior	209
to the transfer of the title of the property.	210

At any time prior to a certification under division (G)(1) of	211
this section, the board shall accept any partial payment of unpaid	212
water rates or charges in the amount of ten dollars or more.	213

Except as otherwise provided in any proceedings authorizing	214
or providing for the security for and payment of any public	215
obligations, or in any indenture or trust or other agreement	216
securing public obligations, moneys in the water fund shall be	217
applied first to the payment of the cost of the management,	218
maintenance, and operation of the water supply facilities of, or	219
used or operated for, the sewer district, which cost may include	220
the county's share of management, maintenance, and operation costs	221
under cooperative contracts for the acquisition, construction, or	222
use of water supply facilities and, in accordance with a cost	223
allocation plan adopted under division (H) of this section,	224
payment of all allowable direct and indirect costs of the	225
district, the county sanitary engineer or sanitary engineering	226
department, or a federal or state grant program, incurred for the	227
purposes of this chapter, and shall be applied second to the	228
payment of debt charges payable on any outstanding public	229
obligations issued or incurred for the acquisition or construction	230
of water supply facilities for or serving the district, or for the	231
funding of a bond retirement or other fund established for the	232
payment of or security for the obligations. Any surplus remaining	233
may be applied to the acquisition or construction of those	234
facilities or for the payment of contributions to be made, or	235
costs incurred, for the acquisition or construction of those	236
facilities under cooperative contracts. Moneys in the water fund	237
shall not be expended other than for the use and benefit of the	238
district.	239

(H) A board of county commissioners may adopt a cost	240
allocation plan that identifies, accumulates, and distributes	241
allowable direct and indirect costs that may be paid from the	242
water fund of the sewer district created pursuant to division (G)	243
of this section, and that prescribes methods for allocating those	244
costs. The plan shall authorize payment from the fund of only	245
those costs incurred by the district, the county sanitary engineer	246
or sanitary engineering department, or a federal or state grant	247
program, and those costs incurred by the general and other funds	248
of the county for a common or joint purpose, that are necessary	249
and reasonable for the proper and efficient administration of the	250
district under this chapter. The plan shall not authorize payment	251
from the fund of any general government expense required to carry	252
out the overall governmental responsibilities of a county. The	253
plan shall conform to United States office of management and	254
budget Circular A-87, "Cost Principles for State, Local, and	255
Indian Tribal Governments," published May 17, 1995.	256

Sec. 6117.01.  (A) As used in this chapter:

257

(1) "Sanitary facilities" means sanitary sewers, force mains,	258
lift or pumping stations, and facilities for the treatment,	259
disposal, impoundment, or storage of wastes; equipment and	260
furnishings; and all required appurtenances and necessary real	261
estate and interests in real estate.	262

(2) "Drainage" or "waters" means flows from rainfall or	263
otherwise produced by, or resulting from, the elements, storm	264
water discharges and releases or migrations of waters from	265
properties, accumulations, flows, and overflows of water,	266
including accelerated flows and runoffs, flooding and threats of	267
flooding of properties and structures, and other surface and	268
subsurface drainage.	269

(3) "Drainage facilities" means storm sewers, force mains,	270
pumping stations, and facilities for the treatment, disposal,	271
impoundment, retention, control, or storage of waters;	272
improvements of or for any channel, ditch, drain, floodway, or	273
watercourse, including location, construction, reconstruction,	274
reconditioning, widening, deepening, cleaning, removal of	275
obstructions, straightening, boxing, culverting, tiling, filling,	276
walling, arching, or change in course, location, or terminus;	277
improvements of or for a river, creek, or run, including	278
reinforcement of banks, enclosing, deepening, widening,	279
straightening, removal of obstructions, or change in course,	280
location, or terminus; facilities for the protection of lands from	281
the overflow of water, including a levee, wall, embankment, jetty,	282
dike, dam, sluice, revetment, reservoir, retention or holding	283
basin, control gate, or breakwater; facilities for controlled	284
drainage, regulation of stream flow, and protection of an outlet;	285
the vacation of a ditch or drain; equipment and furnishings; and	286
all required appurtenances and necessary real estate and interests	287
in real estate.	288

(4) "County sanitary engineer" means either of the following:

289

(a) The registered professional engineer employed or	290
appointed by the board of county commissioners to be the county	291
sanitary engineer as provided in this section3;	292

(b) The county engineer, if, for as long as and to the extent	293
that engineer by agreement entered into under section 315.14 of	294
the Revised Code is retained to discharge duties of a county	295
sanitary engineer under this chapter.	296

(5) "Current operating expenses," "debt charges," "permanent	297
improvement," "public obligations," and "subdivision" have the	298
same meanings as in section 133.01 of the Revised Code.	299

(6) "Construct," "construction," or "constructing" means	300
construction, reconstruction, enlargement, extension, improvement,	301
renovation, repair, and replacement of sanitary or drainage	302
facilities or of prevention or replacement facilities, but does	303
not include any repairs, replacements, or similar actions that do	304
not constitute and qualify as permanent improvements.	305

(7) "Maintain," "maintaining," or "maintenance" means	306
repairs, replacements, and similar actions that constitute and are	307
payable as current operating expenses and that are required to	308
restore sanitary or drainage facilities or prevention or	309
replacement facilities to, or to continue sanitary or drainage	310
facilities or prevention or replacement facilities in, good order	311
and working condition, but does not include construction of	312
permanent improvements.	313

(8) "Public agency" means a state and any agency or	314
subdivision of a state, including a county, a municipal	315
corporation, or other subdivision.	316

(9) "Combined sewer" means a sewer system that is designed to	317
collect and convey sewage, including domestic, commercial, and	318
industrial wastewater, and storm water through a single-pipe	319
system to a treatment works or combined sewer overflow outfall	320
approved by the director of environmental protection.	321

(10) "Prevention or replacement facilities" means vegetated	322
swales or median strips, permeable pavement, trees and tree boxes,	323
rain barrels and cisterns, rain gardens and filtration planters,	324
vegetated roofs, wetlands, riparian buffers, and practices and	325
structures that use or mimic natural processes to filter or reuse	326
storm water.	327

(11) "Homestead exemption" means the reduction of taxes	328
allowed under division (A) of section 323.152 of the Revised Code.	329

(12) "Low- and moderate-income person" has the same meaning	330
as in section 175.01 of the Revised Code.	331

(B)(1) For the purpose of preserving and promoting the public	332
health and welfare, a board of county commissioners may lay out,	333
establish, consolidate, or otherwise modify the boundaries of, and	334
maintain, one or more sewer districts within the county and	335
outside municipal corporations and may have a registered	336
professional engineer make the surveys necessary for the	337
determination of the proper boundaries of each district, which	338
shall be designated by an appropriate name or number. The board	339
may acquire, construct, maintain, and operate within any district	340
sanitary or drainage facilities that it determines to be necessary	341
or appropriate for the collection of sewage and other wastes	342
originating in or entering the district, to comply with the	343
provisions of a contract entered into for the purposes described	344
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	345
those sections or other applicable provisions of law, or for the	346
collection, control, or abatement of waters originating or	347
accumulating in, or flowing in, into, or through, the district,	348
and other sanitary or drainage facilities, within or outside of	349
the district, that it determines to be necessary or appropriate to	350
conduct the wastes and waters to a proper outlet and to provide	351
for their proper treatment, disposal, and disposition. The board	352
may provide for the protection of the sanitary and drainage	353
facilities and may negotiate and enter into a contract with any	354
public agency or person for the management, maintenance,	355
operation, and repair of any of the facilities on behalf of the	356
county upon the terms and conditions that may be agreed upon with	357
the agency or person and that may be determined by the board to be	358
in the best interests of the county. By contract with any public	359
agency or person operating sanitary or drainage facilities within	360
or outside of the county, the board may provide a proper outlet	361
for any of the wastes and waters and for their proper treatment,	362
disposal, and disposition.	363

(2) For purposes of preventing storm water from entering a	364
combined sewer and causing an overflow or an inflow to a sanitary	365
sewer, the board may acquire, design, construct, operate, repair,	366
maintain, and provide for a project or program that separates	367
storm water from a combined sewer or for a prevention or	368
replacement facility that prevents or minimizes storm water from	369
entering a combined sewer or a sanitary sewer.	370

(C) The board of county commissioners may employ a registered	371
professional engineer to be the county sanitary engineer for the	372
time and on the terms it considers best and may authorize the	373
county sanitary engineer to employ necessary assistants upon the	374
terms fixed by the board. Prior to the initial assignment of	375
drainage facilities duties to the county sanitary engineer, if the	376
county sanitary engineer is not the county engineer, the board	377
first shall offer to enter into an agreement with the county	378
engineer pursuant to section 315.14 of the Revised Code for	379
assistance in the performance of those duties of the board	380
pertaining to drainage facilities, and the county engineer shall	381
accept or reject the offer within thirty days after the date the	382
offer is made.	383

The board may create and maintain a sanitary engineering	384
department, which shall be under its supervision and which shall	385
be headed by the county sanitary engineer, for the purpose of	386
aiding it in the performance of its duties under this chapter and	387
Chapter 6103. of the Revised Code or its other duties regarding	388
sanitation, drainage, and water supply provided by law. The board	389
shall provide suitable facilities for the use of the department	390
and shall provide for and pay the compensation of the county	391
sanitary engineer and all authorized necessary expenses of the	392
county sanitary engineer and the sanitary engineering department.	393
The county sanitary engineer, with the approval of the board, may	394
appoint necessary assistants and clerks, and the compensation of	395
those assistants and clerks shall be provided for and paid by the	396
board.	397

(D) The board of county commissioners may adopt, publish,	398
administer, and enforce rules for the construction, maintenance,	399
protection, and use of county-owned or county-operated sanitary	400
and drainage facilities and prevention or replacement facilities	401
outside municipal corporations, and of sanitary and drainage	402
facilities and prevention or replacement facilities within	403
municipal corporations that are owned or operated by the county	404
or that discharge into sanitary or drainage facilities or	405
prevention or replacement facilities owned or operated by the	406
county, including, but not limited to, rules for the establishment	407
and use of any connections, the termination in accordance with	408
reasonable procedures of sanitary service for the nonpayment of	409
county sanitary rates and charges and, if so determined, the	410
concurrent termination of any county water service for the	411
nonpayment of those rates and charges, the termination in	412
accordance with reasonable procedures of drainage service for the	413
nonpayment of county drainage rates and charges, and the	414
establishment and use of security deposits to the extent	415
considered necessary to ensure the payment of county sanitary or	416
drainage rates and charges. The rules shall not be inconsistent	417
with the laws of this state or any applicable rules of the	418
director of environmental protection.	419

(E) No sanitary or drainage facilities or prevention or	420
replacement facilities shall be constructed in any county outside	421
municipal corporations by any person until the plans and	422
specifications have been approved by the board of county	423
commissioners, and any construction shall be done under the	424
supervision of the county sanitary engineer. Not less than thirty	425
days before the date drainage plans are submitted to the board for	426
its approval, the plans shall be submitted to the county engineer.	427
If the county engineer is of the opinion after review that the	428
facilities will have a significant adverse effect on roads,	429
culverts, bridges, or existing maintenance within the county, the	430
county engineer may submit a written opinion to the board not	431
later than thirty days after the date the plans are submitted to	432
the county engineer. The board may take action relative to the	433
drainage plans only after the earliest of receiving the written	434
opinion of the county engineer, receiving a written waiver of	435
submission of an opinion from the county engineer, or passage of	436
thirty days from the date the plans are submitted to the county	437
engineer. Any person constructing the facilities shall pay to the	438
county all expenses incurred by the board in connection with the	439
construction.	440

(F) The county sanitary engineer or the county sanitary	441
engineer's authorized assistants or agents, when properly	442
identified in writing or otherwise and after written notice is	443
delivered to the owner at least five days in advance or is mailed	444
at least five days in advance by first class or certified mail to	445
the owner's tax mailing address, may enter upon any public or	446
private property for the purpose of making, and may make, surveys	447
or inspections necessary for the laying out of sewer districts or	448
the design or evaluation of county sanitary or drainage facilities	449
or prevention or replacement facilities. This entry is not a	450
trespass and is not to be considered an entry in connection with	451
any appropriation of property proceedings under sections 163.01 to	452
163.22 of the Revised Code that may be pending. No person or	453
public agency shall forbid the county sanitary engineer or the	454
county sanitary engineer's authorized assistants or agents to	455
enter, or interfere with their entry, upon the property for that	456
purpose or forbid or interfere with their making of surveys or	457
inspections. If actual damage is done to property by the making of	458
the surveys and inspections, the board shall pay the reasonable	459
value of the damage to the property owner, and the cost shall be	460
included in the cost of the facilities and may be included in any	461
special assessments to be levied and collected to pay that cost.	462

Sec. 6117.02.  (A) The board of county commissioners shall	463
fix reasonable rates, including penalties for late payments, for	464
the use, or the availability for use, of the sanitary facilities	465
of a sewer district to be paid by every person and public agency	466
whose premises are served, or capable of being served, by a	467
connection directly or indirectly to those facilities when those	468
facilities are owned or operated by the county and may change the	469
rates from time to time as it considers advisable. When the	470
sanitary facilities to be used by the county are owned by another	471
public agency or person, the schedule of rates to be charged by	472
the public agency or person for the use of the facilities by the	473
county, or the formula or other procedure for their determination,	474
shall be approved by the board at the time it enters into a	475
contract for that use.	476

(B) The board also shall establish reasonable charges to be	477
collected for the privilege of connecting to the sanitary	478
facilities of the district, with the requirement that, prior to	479
the connection, the charges shall be paid in full, or, if	480
determined by the board to be equitable in a resolution relating	481
to the payment of the charges, provision considered adequate by	482
the board shall be made for their payment in installments at the	483
times, in the amounts, and with the security, carrying charges,	484
and penalties as may be found by the board in that resolution to	485
be fair and appropriate. No public agency or person shall be	486
permitted to connect to those facilities until the charges have	487
been paid in full or provision for their payment in installments	488
has been made. If the connection charges are to be paid in	489
installments, the board shall certify to the county auditor	490
information sufficient to identify each parcel of property served	491
by a connection and, with respect to each parcel, the total of the	492
charges to be paid in installments, the amount of each	493
installment, and the total number of installments to be paid. The	494
auditor shall record and maintain the information supplied in the	495
sewer improvement record provided for in section 6117.33 of the	496
Revised Code until the connection charges are paid in full. The	497
board may include amounts attributable to connection charges being	498
paid in installments in its billings of rates and charges for the	499
use of sanitary facilities.	500

(C) When any of the sanitary rates or charges are not paid	501
when due, the board may do any or all of the following as it	502
considers appropriate:	503

(1) Certify the unpaid rates or charges, together with any	504
penalties, to the county auditor, who shall place them upon the	505
real property tax list and duplicate against the property served	506
by the connection. The certified amount shall be a lien on the	507
property from the date placed on the real property tax list and	508
duplicate and shall be collected in the same manner as taxes,	509
except that, notwithstanding section 323.15 of the Revised Code, a	510
county treasurer shall accept a payment in that amount when	511
separately tendered as payment for the full amount of the unpaid	512
sanitary rates or charges and associated penalties. The lien shall	513
be released immediately upon payment in full of the certified	514
amount.	515

(2) Collect the unpaid rates or charges, together with any	516
penalties, by actions at law in the name of the county from an	517
owner, tenant, or other person or public agency that is liable for	518
the payment of the rates or charges;	519

(3) Terminate, in accordance with established rules, the	520
sanitary service to the particular property and, if so determined,	521
any county water service to that property, unless and until the	522
unpaid sanitary rates or charges, together with any penalties, are	523
paid in full;	524

(4) Apply, to the extent required, any security deposit made	525
in accordance with established rules to the payment of sanitary	526
rates and charges for service to the particular property.	527

All moneys collected as sanitary rates, charges, or penalties	528
fixed or established in accordance with divisions (A) and (B) of	529
this section for any sewer district shall be paid to the county	530
treasurer and kept in a separate and distinct sanitary fund	531
established by the board to the credit of the district. Except as	532
otherwise provided in any proceedings authorizing or providing for	533
the security for and payment of any public obligations, or in any	534
indenture or trust or other agreement securing public obligations,	535
moneys in the sanitary fund shall be applied first to the payment	536
of the cost of the management, maintenance, and operation of the	537
sanitary facilities of, or used or operated for, the district,	538
which cost may include the county's share of management,	539
maintenance, and operation costs under cooperative contracts for	540
the acquisition, construction, or use of sanitary facilities and,	541
in accordance with a cost allocation plan adopted under division	542
(E) of this section, payment of all allowable direct and indirect	543
costs of the district, the county sanitary engineer or sanitary	544
engineering department, or a federal or state grant program,	545
incurred for sanitary purposes under this chapter, and shall be	546
applied second to the payment of debt charges payable on any	547
outstanding public obligations issued or incurred for the	548
acquisition or construction of sanitary facilities for or serving	549
the district, or for the funding of a bond retirement or other	550
fund established for the payment of or security for the	551
obligations. Any surplus remaining may be applied to the	552
acquisition or construction of those facilities or for the payment	553
of contributions to be made, or costs incurred, for the	554
acquisition or construction of those facilities under cooperative	555
contracts. Moneys in the sanitary fund shall not be expended other	556
than for the use and benefit of the district.	557

(D) The board may fix reasonable rates and charges, including	558
connection charges and penalties for late payments, to be paid by	559
any person or public agency owning or having possession or control	560
of any properties that are connected with, capable of being served	561
by, or otherwise served directly or indirectly by, drainage	562
facilities owned or operated by or under the jurisdiction of the	563
county, including, but not limited to, properties requiring, or	564
lying within an area of the district requiring, in the judgment of	565
the board, the collection, control, or abatement of waters	566
originating or accumulating in, or flowing in, into, or through,	567
the district, and may change those rates and charges from time to	568
time as it considers advisable. In addition, the board may fix the	569
rates and charges in order to pay the costs of complying with the	570
requirements of phase II of the storm water program of the	571
national pollutant discharge elimination system established in 40	572
C.F.R. part 122.	573

The rates and charges shall be payable periodically as	574
determined by the board, except that any connection charges shall	575
be paid in full in one payment, or, if determined by the board to	576
be equitable in a resolution relating to the payment of those	577
charges, provision considered adequate by the board shall be made	578
for their payment in installments at the times, in the amounts,	579
and with the security, carrying charges, and penalties as may be	580
found by the board in that resolution to be fair and appropriate.	581
The board may include amounts attributable to connection charges	582
being paid in installments in its billings of rates and charges	583
for the services provided by the drainage facilities. In the case	584
of rates and charges that are fixed in order to pay the costs of	585
complying with the requirements of phase II of the storm water	586
program of the national pollutant discharge elimination system	587
established in 40 C.F.R. part 122, the rates and charges may be	588
paid annually or semiannually with real property taxes, provided	589
that the board certifies to the county auditor information that is	590
sufficient for the auditor to identify each parcel of property for	591
which a rate or charge is levied and the amount of the rate or	592
charge.	593

When any of the drainage rates or charges are not paid when	594
due, the board may do any or all of the following as it considers	595
appropriate:	596

(1) Certify the unpaid rates or charges, together with any	597
penalties, to the county auditor, who shall place them upon the	598
real property tax list and duplicate against the property to which	599
the rates or charges apply. The certified amount shall be a lien	600
on the property from the date placed on the real property tax list	601
and duplicate and shall be collected in the same manner as taxes,	602
except that notwithstanding section 323.15 of the Revised Code, a	603
county treasurer shall accept a payment in that amount when	604
separately tendered as payment for the full amount of the unpaid	605
drainage rates or charges and associated penalties. The lien shall	606
be released immediately upon payment in full of the certified	607
amount.	608

(2) Collect the unpaid rates or charges, together with any	609
penalties, by actions at law in the name of the county from an	610
owner, tenant, or other person or public agency that is liable for	611
the payment of the rates or charges;	612

(3) Terminate, in accordance with established rules, the	613
drainage service for the particular property until the unpaid	614
rates or charges, together with any penalties, are paid in full;	615

(4) Apply, to the extent required, any security deposit made	616
in accordance with established rules to the payment of drainage	617
rates and charges applicable to the particular property.	618

All moneys collected as drainage rates, charges, or penalties	619
in or for any sewer district shall be paid to the county treasurer	620
and kept in a separate and distinct drainage fund established by	621
the board to the credit of the district. Except as otherwise	622
provided in any proceedings authorizing or providing for the	623
security for and payment of any public obligations, or in any	624
indenture or trust or other agreement securing public obligations,	625
moneys in the drainage fund shall be applied first to the payment	626
of the cost of the management, maintenance, and operation of the	627
drainage facilities of, or used or operated for, the district,	628
which cost may include the county's share of management,	629
maintenance, and operation costs under cooperative contracts for	630
the acquisition, construction, or use of drainage facilities and,	631
in accordance with a cost allocation plan adopted under division	632
(E) of this section, payment of all allowable direct and indirect	633
costs of the district, the county sanitary engineer or sanitary	634
engineering department, or a federal or state grant program,	635
incurred for drainage purposes under this chapter, and shall be	636
applied second to the payment of debt charges payable on any	637
outstanding public obligations issued or incurred for the	638
acquisition or construction of drainage facilities for or serving	639
the district, or for the funding of a bond retirement or other	640
fund established for the payment of or security for the	641
obligations. Any surplus remaining may be applied to the	642
acquisition or construction of those facilities or for the payment	643
of contributions to be made, or costs incurred, for the	644
acquisition or construction of those facilities under cooperative	645
contracts. Moneys in the drainage fund shall not be expended other	646
than for the use and benefit of the district.	647

(E) A board of county commissioners may adopt a cost	648
allocation plan that identifies, accumulates, and distributes	649
allowable direct and indirect costs that may be paid from each of	650
the funds of the district created pursuant to divisions (C) and	651
(D) of this section, and that prescribes methods for allocating	652
those costs. The plan shall authorize payment from each of those	653
funds of only those costs incurred by the district, the county	654
sanitary engineer or sanitary engineering department, or a federal	655
or state grant program, and those costs incurred by the general	656
and other funds of the county for a common or joint purpose, that	657
are necessary and reasonable for the proper and efficient	658
administration of the district under this chapter and properly	659
attributable to the particular fund of the district. The plan	660
shall not authorize payment from either of the funds of any	661
general government expense required to carry out the overall	662
governmental responsibilities of a county. The plan shall conform	663
to United States office of management and budget Circular A-87,	664
"Cost Principles for State, Local, and Indian Tribal Governments,"	665
published May 17, 1995.	666

(F) A board of county commissioners may establish discounted	667
rates or charges or may establish another mechanism for providing	668
a reduction in rates or charges for persons who are sixty-five	669
years of age or older. The board shall establish eligibility	670
requirements for such discounted or reduced rates or charges,	671
including a requirement that a person be eligible for the	672
homestead exemption or qualify as a low- and moderate-income	673
person.	674

Sec. 6119.011.  As used in Chapter 6119. of the Revised Code	675
this chapter:	676

(A) "Court of common pleas" or "court" means, unless the	677
context indicates a different meaning or intent, the court of	678
common pleas in which the petition for the organization of a	679
regional water and sewer district is filed.	680

(B) "Political subdivision" includes departments, divisions,	681
authorities, or other units of state governments, watershed	682
districts, soil and water conservation districts, park districts,	683
municipal corporations, counties, townships, and other political	684
subdivisions, special water districts, including county and	685
regional water and sewer districts, conservancy districts,	686
sanitary districts, sewer districts or any other public	687
corporation or agency having the authority to acquire, construct,	688
or operate waste water or water management facilities, and all	689
other governmental agencies now or hereafter granted the power of	690
levying taxes or special assessments, the United States or any	691
agency thereof, and any agency, commission, or authority	692
established pursuant to an interstate compact or agreement.	693

(C) "Person" means any natural person, firm, partnership,	694
association, or corporation other than a political subdivision.	695

(D) "Beneficial use" means a use of water, including the	696
method of diversion, storage, transportation, treatment, and	697
application, that is reasonable and consistent with the public	698
interest in the proper utilization of water resources, including,	699
but not limited to, domestic, agricultural, industrial, power,	700
municipal, navigational, fish and wildlife, and recreational uses.	701

(E) "Waters of the state" meanmeans all streams, lakes,	702
ponds, marshes, watercourses, waterways, wells, springs,	703
irrigation systems, drainage systems, and all other bodies or	704
accumulations of water, surface and underground, natural or	705
artificial, whichthat are situated wholly or partly within, or	706
border upon, this state, or are within its jurisdiction, except	707
those private waters whichthat do not combine or effect a	708
junction with natural surface or underground waters.	709

(F) "Water resources" means all waters of the state occurring	710
on the surface in natural or artificial channels, lakes,	711
reservoirs, or impoundments, and in subsurface aquifers, which	712
that are available or may be made available to agricultural,	713
commercial, recreational, public, and domestic users.	714

(G) "Project" or "water resource project" means any waste	715
water facility or water management facility acquired, constructed,	716
or operated by or leased to a regional water and sewer district or	717
to be acquired, constructed, or operated by or leased to a	718
regional water and sewer district under Chapter 6119. of the	719
Revised Codethis chapter, or acquired or constructed or to be	720
acquired or constructed by a political subdivision with a portion	721
of the cost thereof being paid from a loan or grant from the	722
district under Chapter 6119. of the Revised Codethis chapter,	723
including all buildings and facilities whichthat the district	724
considers necessary for the operation of the project, together	725
with all property, rights, easements, and interest whichthat may	726
be required for the operation of the project. Any water resource	727
project shall be determined by the board of trustees of the	728
district to be consistent with any applicable comprehensive plan	729
of water management approved by the director of natural resources	730
of the state or in the process of preparation by suchthe director	731
and to be not inconsistent with the standards set for the waters	732
of the state affected thereby by the water pollution control board	733
of the stateenvironmental protection agency. Any resolution of	734
the board of trustees of the district providing for acquiring,	735
operating, leasing, or constructing such projects or for making a	736
loan or grant for such projects shall include a finding by the	737
board of trustees of the district that suchthose determinations	738
have been made.	739

(H) "Pollution" means the placing of any noxious or	740
deleterious substances in any waters of the state or affecting the	741
properties of any waters of the state in a manner whichthat	742
renders suchthose waters harmful or inimical to the public	743
health, or to animal or aquatic life, or to the use of suchthe	744
waters for domestic water supply, industrial or agricultural	745
purposes, or recreation.	746

(I) "Sewage" means any substance that contains any of the	747
waste products or excrementitious or other discharge from the	748
bodies of human beings or animals, whichthat pollutes the waters	749
of the state.	750

(J) "Industrial waste" means any liquid, gaseous, or solid	751
waste substance resulting from any process of industry,	752
manufacture, trade, or business, or from the development,	753
processing, or recovery of any natural resource, together with	754
such sewage as is present, whichthat pollutes the waters of the	755
state.	756

(K) "Waste water" means any storm water and any water	757
containing sewage or industrial waste or other pollutants or	758
contaminants derived from the prior use of suchthe water.	759

(L) "Waste water facilities" means facilities for the purpose	760
of treating, neutralizing, disposing of, stabilizing, cooling,	761
segregating, or holding waste water, including, without limiting	762
the generality of the foregoing, facilities for the treatment and	763
disposal of sewage or industrial waste and the residue thereof,	764
facilities for the temporary or permanent impoundment of waste	765
water, both surface and underground, and storm and sanitary sewers	766
and other systems, whether on the surface or underground, designed	767
to transport waste water, together with the equipment and	768
furnishings thereof and their appurtenances and systems, whether	769
on the surface or underground, including force mains and pumping	770
facilities therefor when necessary.	771

(M) "Water management facilities" means facilities for the	772
purpose of the development, use, and protection of water	773
resources, including, without limiting the generality of the	774
foregoing, facilities for water supply, facilities for stream flow	775
improvement, dams, reservoirs, and other impoundments, water	776
transmission lines, water wells and well fields, pumping stations	777
and works for underground water recharge, stream monitoring	778
systems, facilities for the stabilization of stream and river	779
banks, and facilities for the treatment of streams and rivers,	780
including, without limiting the generality of the foregoing,	781
facilities for the removal of oil, debris, and other solid waste	782
from the waters of the state and stream and river aeration	783
facilities.	784

(N) "Cost" as applied to water resource projects means the	785
cost of acquisition and construction, the cost of acquisition of	786
all land, rights-of-way, property rights, easements, franchise	787
rights, and interests required by the district for such	788
acquisition and construction, the cost of demolishing or removing	789
any buildings or structures on land so acquired, including the	790
cost of acquiring any lands to which such buildings or structures	791
may be moved, the cost of acquiring or constructing and equipping	792
a principal office and sub-offices of the district, the cost of	793
diverting highways, interchange of highways, and access roads to	794
private property, including the cost of land or easements	795
therefor, the cost of all machinery, furnishings, and equipment,	796
financing charges, interest prior to and during construction and	797
for no more than eighteen months after completion of acquistion	798
acquisition or construction, engineering, expenses of research and	799
development with respect to waste water or water management	800
facilities, legal expenses, plans, specifications, surveys,	801
estimates of cost and revenues, working capital, other expenses	802
necessary or incident to determining the feasibility or	803
practicability of acquiring or constructing any such project,	804
administrative expense, and such other expense as may be necessary	805
or incident to the acquisition or construction of the project, the	806
financing of suchthe acquisition or construction, including the	807
amount authorized in the resolution of the district providing for	808
the issuance of water resource revenue bonds to be paid into any	809
special funds from the proceeds of suchthose bonds and the	810
financing of the placing of any such project in operation. Any	811
obligation or expense incurred by any political subdivision, and	812
approved by the district, for surveys, borings, preparation of	813
plans and specifications, and other engineering services in	814
connection with the acquisition or construction of a project shall	815
be regarded as a part of the cost of suchthe project and may be	816
reimbursed by the district.	817

(O) "Owner" includes all individuals, partnerships,	818
associations, corporations, or political subdivisions having any	819
title or interest in any property rights, easements, and interests	820
authorized to be acquired by Chapter 6119. of the Revised Code	821
this chapter.	822

(P) "Revenues" means all rentals and other charges received	823
by a district for the use or services of any project, all special	824
assessments levied by the district pursuant to Chapter 6119. of	825
the Revised Codethis chapter, any gift or grant received with	826
respect thereto, and moneys received in repayment of and for	827
interest on any loan made by the district to a political	828
subdivision, whether from the United States or a department,	829
administration, or agency thereof, or otherwise.	830

(Q) "Public roads" includes all public highways, roads, and	831
streets in the state, whether maintained by the state, county,	832
city, township, or other political subdivision.	833

(R) "Public utility facilities" includes tracks, pipes,	834
mains, conduits, cables, wires, towers, poles, and other equipment	835
and appliances of any public utility.	836

(S) "Construction," unless the context indicates a different	837
meaning or intent, includes reconstruction, enlargement,	838
improvement, or providing furnishings or equipment.	839

(T) "Water resources bonds," unless the context indicates a	840
different meaning or intent, includes water resource notes and	841
water resource refunding bonds.	842

(U) "Regional water and sewer district" means a district	843
organized or operating for one or both of the purposes described	844
in section 6119.01 of the Revised Code and, if organized or	845
operating for only one of suchthose purposes, may be designated	846
either a regional water district or a regional sewer district, as	847
the case may be.	848

(V) "Homestead exemption" means the reduction of taxes	849
allowed under division (A) of section 323.152 of the Revised Code.	850

(W) "Low- and moderate-income person" has the same meaning as	851
in section 175.01 of the Revised Code.	852

Sec. 6119.091.  When fixing rentals or other charges under	853
section 6119.09 of the Revised Code, a board of trustees of a	854
regional water and sewer district may establish discounted rentals	855
or charges or may establish another mechanism for providing a	856
reduction in rentals or charges for persons who are sixty-five	857
years of age or older. The board shall establish eligibility	858
requirements for such discounted or reduced rentals or charges,	859
including a requirement that a person be eligible for the	860
homestead exemption or qualify as a low- and moderate-income	861
person.	862

Section 2. That existing sections 6103.01, 6103.02, 6117.01,	863
6117.02, and 6119.011 of the Revised Code are hereby repealed.	864