Section 3701-28-06 - Fees and fee categories(A) Boards of health of city or general health districts may establish fees in accordance with section 3709.09 of the Revised Code for the purpose of administering and enforcing the requirements of this chapter. The fees shall be established using the categories prescribed in paragraph (E) of this rule and the cost methodology prescribed by rule 3701- 36-14 of the Administrative Code. Except for seventy-four dollars of the fee for each new private water system installation, as prescribed in paragraph (C) of this rule, no portion of any fee for administering and enforcing this chapter shall be returned to the Ohio department of health.(B) The fees paid to a board of health of a health district under this chapter shall be paid to the treasurer and deposited in a special account for the health district to pay the cost of administering and enforcing this chapter as provided in sections 3701.344 and 3701.347 of the Revised Code. All fees paid to the director under this chapter shall be used by the director to pay the cost of administering and enforcing this chapter as provided in sections 3701.344 and 3701.347 of the Revised Code.(C) Seventy-four dollars of each new installation permit fee collected by a board of health shall be transmitted by the board of health to the director for deposit into the general operations fund created by section 3701.83 of the Revised Code to pay his cost of administering and enforcing this chapter.(D) In the event that the director administers and enforces this chapter in a health district in accordance with section 3701.344 of the Revised Code and paragraph (H) of rule 3701-28-05 of the Administrative Code, the following schedule of fees shall be in effect for the purpose of administering and enforcing the requirements of this chapter. (1) A fee of five hundred ten dollars for the construction of a private water system, excluding a pond, for a one-, two-, or three-family dwelling, including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code and a fee of four hundred and sixty dollars for the construction of a test well.(2) A fee of seven hundred fifteen dollars for the construction of a pond for a single family dwelling, including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code.(3) A fee of five hundred sixty dollars for the conversion of a well not previously approved as a private water system into a private water system for a one-, two-, or three-family dwelling. These wells shall include, but not be limited to, agricultural wells, irrigation wells and geothermal wells.(4) A fee of six hundred sixty-five dollars for the construction of a new private water system serving other than a one-, two-, or three-family dwelling, including a manufactured home park as defined in paragraph (K) of rule 4781-12-01 of the Administrative Code, or a campground as defined in paragraph (C) of rule 3701-26-01 of the Administrative Code, or a building.(5) A fee of six hundred fifteen dollars for the conversion of a well not previously approved as a private water system into a private water system serving other than a one-, two-, or three-family dwelling. These wells shall include, but not limited to, agricultural wells, irrigation wells and geothermal wells.(6) A fee of two hundred ninety dollars for the alteration of a private water system, for a one-, two-, or three-family dwelling, including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code.(7) A fee of two hundred ninety dollars for the alteration of a private water system serving other than a one-, two-, or three-family dwelling, including a manufactured home park as defined in paragraph (K) of rule 4781-12-01 of the Administrative Code, or a campground as defined in paragraph (C) of rule 3701-26-01 of the Administrative Code, or a building.(8) A fee of fifty dollars for the sealing or decommissioning of a private water system for a one-, two-, or three-family dwelling including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code.(9) A fee of fifty dollars for the sealing or decommissioning of a private water system serving other than a one-, two-, or three-family dwelling, including a manufactured home park as defined in paragraph (K) of rule 4781-12-01 of the Administrative Code, or a campground as defined in paragraph (C) of rule 3701-26-01 of the Administrative Code, or a building.(10) A water sample collection fee of fifty dollars, provided that sample collection is not included as part of a valid alteration or new installation permit.(11) A water hauler registration fee of two hundred thirty dollars and vehicle inspection fee of two hundred ten dollars conducted under paragraph (D) of rule 3701-28-16 of the Administrative Code. Inspection of each additional vehicle shall be a fee of twenty-five dollars.(12) A fee of two hundred forty-five dollars for the issuance of a variance under rule 3701-28-21 of the Administrative Code. Fees for variances are not refundable.(13) An additional fee that is twenty-five per cent of the fee specified in paragraphs (E)(1) to (E)(16) of this rule and added to those fees when the department determines that the construction, alteration or conversion of a private water system has commenced prior to a permit being issued or the hauling of water to a private water system has commenced prior to water hauler registration and vehicle inspection. This additional fee shall not be charged for sealing a well performed in compliance with paragraph (A)(1) of rule 3701-28-03 of the Administrative Code or an alteration or new construction performed in compliance with paragraph (J) of rule 3701-28-03 of the Administrative Code. (E) Fees established by a board of health of a city or general health district pursuant to section 3709.09 of the Revised Code for private water systems shall be specified in accordance with the following categories:(1) The construction of a private water system, excluding a pond, for a one-, two-, or three- family dwelling, including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code.(2) The construction of a test well for any private water system.(3) The construction of a pond for a single family dwelling, including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code. This fee is not required to be adopted by the board of health if the board of health has adopted a resolution prohibiting the construction of private water system ponds within their jurisdiction in accordance with paragraph (A) of rule 3701-28-14 of the Administrative Code.(4) The conversion of a non-potable well not previously approved as a private water system into a private water system for a one-, two-, or three-family dwelling. These wells shall include, but not be limited to, agricultural wells, irrigation wells and geothermal wells.(5) The construction of a new private water system serving other than a one-, two-, or three-family dwelling, including a manufactured home park as defined in paragraph (K) of rule 4781-12-01 of the Administrative Code, or a campground as defined in paragraph (C) of rule 3701-26-01 of the Administrative Code, or a building.(6) The conversion of a well not previously approved as a private water system into a private water system serving other than a one-, two-, or three-family dwelling. These wells shall include, but not be limited to, agricultural wells, irrigation wells and geothermal wells.(7) The alteration of a private water system or a test well, for a one-, two-, or three-family dwelling, including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code.(8) The alteration of a private water system or a test well serving other than a one-, two-, or three-family dwelling, including a manufactured home park as defined in paragraph (K) of rule 4781-12 -01 of the Administrative Code, or a campground as defined in paragraph (C) of rule 3701-26-01 of the Administrative Code, or a building.(9) The sealing or decommissioning of a private water system for a one-, two-, or three-family dwelling including a manufactured home as defined by division (C)(4) of section 3781.06 of the Revised Code. (10) The sealing or decommissioning of a private water system serving other than a one-, two-, or three-family dwelling, including a manufactured home park as defined in paragraph (K) of rule 4781-12-01 of the Administrative Code, or a campground as defined in paragraph (C) of 3701-26-01 of the Administrative Code, or a building.(11) The alteration disconnection when connecting to a public water supply with the intention of retaining the use of the private water system source for alternative purposes in accordance with paragraphs (D)(1) to (D)(3) of rule 3701-28-17 of the Administrative Code. The alteration disconnection fee shall not be applied when a private water system source is disconnected with the intention of being sealed.(12) The installation and subsequent decommissioning of a temporary hauled water storage tank for a specified time period in time limited emergency conditions.(13) The issuance of a variance under rule 3701-28-19 of the Administrative Code. Fees for variances are not refundable. (14) The filing and processing of water sample results collected under paragraph (DD) of rule 3701-28-03 of the Administrative Code. (15) The construction and knowledge assessment inspection of a private water systems contractor as authorized under paragraphs (G) and (H) of rule 3701-28-04 of the Administrative Code.(16) A water hauling company registration and additional vehicle or other water transportation equipment inspections conducted under paragraph (D) of rule 3701-28-16 of the Administrative Code. The water hauling company registration fee shall include the inspection of one vehicle or other water transportation equipment.(17) An amount to be added to the applicable fees established under paragraphs (E) (1) to (E)(16) of this rule in accordance with section 3709.09 of the Revised Code when the board of health determines that: (a) The construction, alteration or conversion of a private water system has commenced prior to a permit being issued.(b) The hauling of water to a private water system has commenced prior to water hauler registration and vehicle inspection.(c) This additional fee shall not be charged for sealing a well performed in compliance with paragraph (A)(1) of rule 3701-28-03 of the Administrative Code or an alteration or new construction performed in compliance with paragraph (J) of rule 3701-28-03 of the Administrative Code.(F) In addition to the fees established by a city or general health district under paragraph (E) of this rule, a board of health of a city or general health district may specify: (1) Fees for the collection and examination of any necessary water samples taken. (2) Fees for supplying and/or hauling water from an unapproved water source to a private water system by a registered or unregistered water hauler.(G) The city or general health district shall utilize the cost methodology specified in rule 3701-36-14 of the Administrative Code to calculate fees for providing services specified in sections 3701.344, 3729.07, 3730.03, and 3749.04 of the Revised Code.Ohio Admin. Code 3701-28-06
Effective: 1/1/2020
Five Year Review (FYR) Dates: 7/16/2019 and 09/20/2024
Promulgated Under: 119.03
Statutory Authority: 3701.344
Rule Amplifies: 3701.344
Prior Effective Dates: 01/01/1981, 10/01/1982, 01/01/1984, 08/31/1990 (Emer.), 12/07/1990, 10/31/1993, 01/01/2000, 07/01/2002, 11/15/2004, 10/12/2009, 01/25/2010, 04/01/2011