927.01 Authority over private sewer laterals.
927.02 Sewer permits.
927.03 Private sewer laterals.
927.04 Registration required.
927.05 Expiration and renewal of registration.
927.06 Revocation or suspension of registration.
927.07 Privately financed sanitary sewerage facilities.
927.08 Publicly financed sanitary sewerage facilities.
927.09 Inspection of work.
927.10 Easements and permits required.
927.11 Ohio EPA approval; other approvals.
927.12 Clean water connections prohibited.
927.13 Appeals.
927.14 Inflow and infiltration abatement and remediation.
927.99 Penalty.
CROSS REFERENCES
Construction of sewers - see Ohio R.C. 6117.40 et seq.
Private sewer systems - see Ohio R.C. Ch. 6112
Definitions - see ENV. SERV. Ch. 920
(a) The County shall have the authority to establish and enforce regulations concerning the construction, installation and use of private sewer laterals. The basis of the authority is the home rule police power derived from the County Charter which permits regulation in areas concerning the health, safety and welfare of the public.
(1) All sanitary sewers and appurtenances, of every kind and nature within the territory of the Summit County Metropolitan Sewer District shall be under the care and control of the Director of Sanitary Sewer Services.
(2) Subject to other provisions of this chapter, property owners are responsible for the installation, maintenance, destruction, operation, or upkeep of private sewer laterals.
(3) Notwithstanding the provisions of subsection (a)(2) of this section, upon discovery, if a sanitary sewer lateral serving a residential property ("Private Sewer Lateral" as defined below) breaks within the County's portion of the sanitary sewer ("Public Sewer Lateral" as defined below), and the break was not caused by any fault on the part of the property owner or occupant, the County will repair or replace that sanitary sewer. By assuming responsibility for such repairs, the County does not forfeit any defenses, claims, rights, or causes of action it may have against any third party other than the property owner.
(i) The Public Sewer Lateral serving a residential property extends from the public sewer to the property owner's property line.
(ii) The Private Sewer Lateral serving a residential property includes any portion of the sanitary sewer on the property owner's property.
(iii) If the property owner's property line is within or abuts a County owned easement or right-of-way, the dividing point between the Public Sewer Lateral and the Private Sewer Lateral is at the easement or right-of-way line.
(4) Where it has been determined by the Director of Sanitary Sewer Services that a break exists in any sanitary sewer lateral, and that the County is not responsible for repair or replacement of the sanitary sewer lateral under subsection (a)(3) of this section, the Director shall give notice by regular mail to the property owner to repair or replace the sanitary sewer lateral. If the property owner fails to make the needed corrections to the sanitary sewer lateral within thirty (30) days of receipt of such notice, the Director may perform the work necessary to repair or replace the sanitary sewer lateral. The cost of such work shall be charged to the property owner and shall become immediately payable to the Department of Sanitary Sewer Services upon written notice of the amount to the property owner. If the property owner does not make full payment, then any delinquent fees associated with the repair(s) or replacement(s) shall be certified to the Fiscal Officer of the County of Summit, to be placed on the property owner's tax list and duplicate and collected as other taxes are collected.
(5) Nothing herein shall be construed to be a waiver of any defenses and immunities available at law to the County.
(b) Additional authority for such regulations is found in the December 17, 1974 agreement between the County and the Board of Health of the Summit County General Health District which authorizes the County to perform the following services previously performed by the Board of Health:
(1) Issue permits and inspect the construction of all private sewer laterals in the County's sewer district.
(2) Enforce private sewer lateral standards established by the Board of Health.
(3) Collect fees for the cost of issuing permits and inspecting private sewer laterals.
(4) Register private sewer lateral installers (pursuant to the February 24, 1975 letter of clarification from the Health Commissioner).
(c) The provisions of the Environmental Health Code of the Summit County General Health District pertaining to private sewer laterals and private sewer lateral installers, as they may be amended from time to time, are incorporated herein as if fully rewritten hereof. The County shall enforce the applicable provisions of the Environmental Health Code except in the event of a conflict with the provisions of this Title Five - Sewers and Wastewater in which case the provisions of this Title shall control.
(Res. 92-824. Approved 12-29-92; Ord. 2019-244. Adopted 6-24-19.)
(Res. 92-824. Approved 12-29-92; Ord. 2019-244. Adopted 6-24-19.)
(a) No unauthorized person shall uncover, open, use, alter, disturb or connect with any public sewer or appurtenance thereof without first obtaining a sewer permit from the Director of Sanitary Sewer Services. No person shall make any modifications to an existing structure connected to a public sewer which results in a change from one user classification to another without first obtaining a sewer permit from the Director.
(b) To obtain a sewer permit, the owner of the property to be connected or an agent shall complete and file with the County a prescribed permit application. The application shall be accompanied by any plans, specifications or other information required by the Director.
(c) The sewer permit shall be issued to an applicant upon approval of the application and other submittals. A permit and inspection fee shall be paid to the County at the time the permit is issued.
(d) In no case shall work be commenced and prosecuted unless the sewer permit is issued and in the possession of the person doing the work authorized by the permit. Each permit shall state the correct name and number of the house, building or establishment, and the lot or sublot for which the connection is being made.
(Res. 92-824. Approved 12-29-92; Ord. 2015-555. Adopted 12-14-15.)
(a) All private sewer laterals shall be constructed, owned, operated and maintained by the owner of the property served at the property owner's cost. A permit for the installation of a private sewer lateral shall be obtained by the property owner as provided by Section 927.02.
(b) Private sewer laterals shall be constructed in conformance with the current standards and specifications of the Department of Sanitary Sewer Services as specified in the Standard Detailed Drawings and Procedures or as specified in detailed construction drawings approved by the Director. All sewer lateral pipe and other construction materials shall be of the quality and kind acceptable to the Director of Sanitary Sewer Services.
(c) A separate and independent private sewer lateral shall be provided for every building.
(d) Old sewer laterals may not be used in connection with new buildings unless approved by the Director. Abandoned or unused sewer laterals shall be capped at a location approved by the Director.
(e) Whenever possible, the private sewer lateral shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity to the public sewer, sanitary sewage carried by such building shall be lifted by an approved means and discharged to the public sewer lateral.
(f) All construction or installation of private sewer laterals, including the capping of sewer laterals, shall be inspected by the Department. An owner or registered sewer layer shall provide the Director with at least twenty-four (24) hours notice of the intent to construct or install a private sewer lateral. The notification shall state the name of the registered sewer layer who will perform the work, the sewer permit number and the time and place of the work.
(g) The Director shall assign an inspector to the work as soon as is practicable, to assure quality, workmanship, and conformance with the current standards and specifications. Work shall not commence until the inspector is present or has authorized construction before the arrival of the inspector. The inspector shall approve or disapprove the installation of the private sewer lateral and the connection to the public sewer lateral. In the event the work is disapproved, the owner shall not discharge flows to the sanitary sewer until such time as all problems have been resolved and the work has been approved by the inspector.
(h) All excavations for private sewer laterals shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County.
(Res. 92-824. Approved 12-29-92; Ord. 2015-555. Adopted 12-14-15.)
(a) No person shall engage in the business of constructing or installing private sewer laterals without first registering as provided for in this chapter. No firm, partnership, or corporation shall engage in the business of constructing or installing private sewer laterals unless it employs full-time, in a supervisory capacity, a registered sewer layer as required in this chapter. A registered sewer layer shall supervise every installation of a private sewer lateral.
(b) A person who is the owner and occupant of a single-family dwelling and who intends to personally construct or install a private sewer lateral shall not be required to obtain the registration specified in this section. The Director of Sanitary Sewer Services may require the owner to furnish evidence of liability insurance sufficient to indemnify the County from any losses, damage or claims resulting from the owner's construction or installation of a private sewer lateral.
(Res. 92-824. Approved 12-29-92; Ord. 2015-555. Adopted 12-14-15.)
All registrations shall expire on the last day of the year and no sewer permits shall be granted or new construction permitted until the registration has been renewed for the following year. The charge for renewing a sewer layer's registration shall be as specified in Section 923.11. Registrations are not transferable.
(Res. 92-824. Approved 12-29-92.)
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