A rule and regulation of the Toledo District Board of Health governing the issuance of permits, installation and operation of water supplies, defining and regulating individual sewage disposal systems; requiring minimum standards governing the design, construction, and installation of sewage absorption systems and providing for penalties for violations:
   Be it resolved by the District Board of Health of the City of Toledo, Ohio as follows:
   SECTION 1. Definitions. The following definitions shall apply in interpretations and enforcement of this rule and regulation:
   1.1 Sewageshall mean the liquid waste from plumbing fixtures including the wastes from water closets, urinals, lavatories, baths, sinks, laundry tubs, and other sanitary fixtures.
   1.2 Sewage tankshall mean a water tight receptacle to receive sewage from a sewer to which plumbing fixtures are tributary. Sewage tank is to be considered synonymous with septic tank, water-tight cesspool and settling tank.
   1.3 Sub-surface filtershall mean an artificial sand filter which is properly covered.
   1.4 A leaching deviceshall mean a device through which sewage effluent is distributed beneath the surface of the ground for absorption into the soil.
   1.5 Percolation testshall mean a test to obtain the quantitative appraisal of the soil's absorptive capacity.
   1.6 Commissionershall mean the Commissioner of Health of the City of Toledo, or his authorized representative.
   1.7 Personshall mean any person, firm, corporation, partnership or association.
   1.8 Permitshall mean a written permit issued by the Health Commissioner permitting the development of a private water supply or an individual sewage disposal system.
   1.9 Approved- the term approved shall mean that which the commissioner by rule and/or regulation designates acceptable as a device, apparatus or method which by demonstration and/or test has proven workable for its intended use.
   SECTION 2.  Application and permit - No person, firm or corporation shall develop a private water supply system nor shall he connect or cause to be connected any plumbing work with any individual sewage disposal system, without first having filed a written application and having obtained a written permit from the Commissioner of Health. Application for a permit shall be signed by the property owner. It shall be the duty of the Health Commissioner of the Toledo Health District to issue a permit to any person, firm or corporation who files with him a written application and complies with the provisions of these regulations. The charge for the permit to install a septic tank and tile disposal field shall be Twenty-five ($25.00) dollars; the charge for a permit to install a septic tank and an artificial sand filter shall be Thirty ($30.00) dollars. An application fee for the proposed installation of a new private water system shall be Twenty-five ($25.00) dollars for a single family dwelling and Thirty ($30.00) dollars for a non-single family dwelling. A permit fee for installation of a new private water system serving a single-family dwelling shall be Forty ($40.00) dollars and Fifty ($50.00) dollars for a non single-family dwelling.
(Res. 4-87. Passed 3-18-87.)
   SECTION 3. Water supplies.
   3.1. Development of water supplies.All water supplies shall be installed and developed in accordance with or equal to the recommendations of the Ohio Department of Health, Ohio Department of Natural Resources as set forth in the publication: "Regulations for the Construction, Operation, Maintenance and Abandonment of Water Wells".
   3.2. Log of wells.Every well driller shall submit to the Health Commissioner within ten (10) days after the completion of a well within the limits of the Toledo Health District, its location, a complete log indicating the depths of formations, diameter and depth of well, statis head, and size, type and length of casing material installed, and capacity in gallons per minute.
   SECTION 4. Orders to improve water supplies. A water supply for drinking and general domestic purposes which is found by the Health Commissioner to be unsafe or subject to contamination by reason of unsatisfactory location, protection or construction is hereby declared to be a nuisance and the Commissioner shall order the owner of such water supply to either abandon it and make it unavailable for use or to make improvements, corrections and changes so as to provide a safe water supply; and the Commissioner shall fix the time of compliance with such order.
   SECTION 5. Location of wells. A well shall be located the maximum practical distance from contaminating influences and shall not in any instance be located less than fifty (50) feet from a water-tight sewage tank and one hundred (100) feet from any type of leaching device, leaching vault privy, sewage filter, or other contaminating surroundings.
   SECTION 6. Pump casings and well pits. The well casing shall be surrounded by a concrete slab not less than four (4) feet square and four (4) inches thick. The casing from the well shall extend not less than two (2) inches above the concrete level. A bituminous filler not less than one-fourth (1/4) inch in thickness shall be provided between the well casing and the concrete slab or concrete floor. The concrete slab or concrete floor shall be sloped so as to run all surface water away from the well casing or pump. Air-vents shall be provided in the casing of all wells that have motor driven pumps, and be so located as not to permit the entrance of surface water into the well. All well pits shall be provided with a concrete floor not less than six (6) inches in thickness. Drainage shall be provided for these well pits to the surface of the ground, but no drain from a well pit shall be connected to any sewer. There shall be a tight connection between hand pumps and motor driven pumps with the top of the casing.
   SECTION 7. Abandoned water supplies. When a well, spring or other source of water supply is abandoned on account of its impurity or in accordance with an order of the Health Commissioner, it shall be sealed in accordance with the requirements of the Ohio Water Resources Board or otherwise made unavailable as a source of water supply in a manner satisfactory to the Health Commissioner.
   SECTION 8. Private, auxiliary or emergency water supply. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the City of Toledo may enter
the supply or distributing system of said municipality unless such private auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Health Board of the City of Toledo and by the Ohio Department of Health.
   SECTION 9. Surveys and investigations. It shall be the duty of the Health Board of the City of Toledo to cause surveys and investigations to be made of all industrial and other properties served by the public water supply where private auxiliary or emergency water supplies other than the public water supply are known to exist or where such supplies are likely to exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Board of Health shall deem it necessary.
   SECTION 10. Right of entry. The Commissioner or his duly authorized representative shall have the right to enter at any time any property served by a connection to the public water supply or distributing system of the City of Toledo for the purpose of inspection the piping system or systems thereof. On demand, the owner, lessees, or occupants of any property so served shall furnish to the Commissioner of Health any information which he may request regarding the piping system or systems and any private, auxiliary or emergency water supply used or useful on such property. The refusal of such information, when demanded, shall within the discretion of the Board of Health, be deemed evidence of the presence of improper connections as provided in this ordinance.
   SECTION 11. Improper water connections. The Commissioner is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this ordinance is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such connection or connections shall have been eliminated or corrected in compliance with the provisions of this ordinance.
   SECTION 12. Disposal of house slops. No person shall discharge or permit to be discharged urine, fecal matter, contents of a chemical commode, kitchen wastes, laundry wastes, slop sink drainage, or other household wastes, onto the surface of the ground or into a street, road, alley, open excavation, abandoned well or cistern, storm water sewer, land drain, ditch, watercourse, or body of water. Such wastes shall be deposited or discharged into a sanitary sewer or an approved sewage disposal system.
   SECTION 13. Discharge of sewage prohibited. No person shall discharge, or permit or cause to be discharged, sewage, the overflow, drainage or contents of a sewage tank or other putrescible or offensive wastes onto the surface of the ground or into any street, road, alley, open excavation, storm water sewer, land drain ditch, watercourse or body of water. No person shall discharge or permit to be discharged sewage, the overflow, drainage or contents of a sewage tank or other putrescible, impure or offensive wastes into an abandoned water supply well, spring or cistern or into a natural or artificial well, sink hole, crevice or other opening extending into limestone, sandstone or other rock or shale formation.
   SECTION 14. Sewer connections required. No individual sewage disposal device or equipment shall be installed or maintained on property accessible to a sanitary sewer. Whenever a sanitary sewer is made available, any sewage disposal device or equipment on such property shall be abandoned and the sewage shall be discharged directly from the building to the sanitary sewer through a properly constructed connecting sewer without passage through the sewage tank or other treatment device. An abandoned sewage tank or other device or equipment for treatment of disposal of sewage shall be thoroughly cleaned and disinfected and filled to the ground surface with earth, ashes or other suitable filling material. Roof water, cistern overflow, or surface or subsoil drainage shall not be discharged to individual sewage disposal equipment hereinafter specified.
   SECTION 15. Expiration of permit. A permit is valid for continuous performance of the work named thereon; not to exceed six (6) months. A permit shall automatically expire upon completion of work for which it was issued.
   SECTION 16. Plot plan. When an application is made for a permit for the installation of a sewage disposal system, a plot plan giving all pertinent information shall be submitted. Plot plan should include the following information: (in unusual circumstances, additional information may be required.)
   1.    Plot plan:
      a)    Address and description of property location
      b)    Location of easements, if any
      c)    Location of all present or proposed structures on subject plot
      d)    A statement giving the number of bedrooms in subject dwelling
      e)    A list of any fixtures not discharging into the proposed individual sewage-disposal system, giving location of waste lines serving these fixtures and point of final discharge
      f)    All trees which are to remain on the site or are to be planted
      g)    All walks and driveways
      h)    Direction and approximate slope of finished grade and of natural grade if fill is involved
      i)    Approximate depth of cut or fill, if any, at the location of a proposed disposal field
      j)    Location of existing or proposed individual water supply and sewage disposal systems on adjoining properties (see note below)
      k)    Location of each individual system on subject property.
   NOTE: If no wells are existing or proposed on the subject or adjoining properties, only the location of those parts of individual sewage disposal systems on adjoining properties within ten (10) feet of subject property lines need be shown.
   2.    Details. Completely dimensioned and preferably drawn to a scale of 3/4 of an inch or larger, showing with respect to each proposed system, all features of construction necessary for determination of compliance with applicable requirements.
   SECTION 17. Sewage or settling tank. The sewage tank shall be of not less than one thousand (1000) gallon capacity and of an approved design. The sewage tank shall be located not less than fifty (50) feet and preferably not less than one hundred (100) feet from any well, spring, or cistern; ten (10) feet from any dwelling, and five (5) feet from any lot line.
   SECTION 18. Leaching or filtering device. The leaching or filtering device shall be of an approved design. The leaching device shall have a capacity governed by percolation tests. The leaching or filtering device shall be located not less than one hundred (100) feet from any well, spring or cistern, ten (10) feet from any building of human occupancy or at any other point designated by the Director of Health, and five (5) feet from any lot line. A leaching device will only be permitted where the subsoil is free from rock or shale formation, and is sufficiently porous to facilitate the absorption of the effluent from the sewage tank. (This to be determined by a minimum of three (3) percolation tests on the area where each leach field is to be constructed.) Where rock, shale or other non-porous soil conditions are encountered, secondary treatment of the sewage by a filtering device shall be provided.
   SECTION 19. Sewage tanks; cleaning of and license.
   19. 1. A water tight sewage tank shall be cleaned as frequently as necessary to prevent discharge of solids through the overflow, and to facilitate the flow of effluent to the tile fields.
   19.2.On and after the first day of April of each year hereafter, every person, firm, association or corporation engaged in the collection and removal of the contents of privy vaults or sewage tanks in the Toledo Health District shall obtain a permit from the Toledo District Board of Health.  The permit shall state the conditions under which the material shall be removed and disposed. Any and all permits may be revoked at any time at the discretion of the Health Commissioner.
(Amended Res. 7-61, Apr. 4, 1961)
   SECTION 20. Approved method making percolation test.  Dig or bore holes approximately eight (8) to twelve (12) inches in diameter and with straight sides to estimated depth of trenches. Keep filling holes with water until ground becomes soaked and allow all water to seep away. Then fill holes with water to a depth of twelve (12) inches. Record the time, in minutes, required for last six (6) inches of water to completely seep away. Divide the time by six (6) to obtain average time for water to fall one (1) inch. Property owner shall be responsible for submitting correct percolation data.
   SECTION 21. Other methods. Any other method of sewage or excreta disposal not covered in this regulation shall be subject to the approval of the Health Commissioner.
   SECTION 22. The Health Commissioner is hereby empowered to promulgate and enforce all reasonable rules and regulations for carrying out the purpose and intent of this regulation.
   SECTION 23. Enforcement. This rule and regulation shall be enforced by the Health Commissioner in accordance with Section 3707.48 of the Revised Code of the State of Ohio which reads: "No person shall violate Sections 3707.01 to 3707.53 inclusive, of the Revised Code of any order or regulation of the Board of Health of a city or general health district made in pursuance thereof, obstruct or interfere with the execution of such order, or willfully or illegally omit to obey such order."
   SECTION 24. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this regulation, or of any rule or regulation adapted pursuant thereto, may request and shall be granted a hearing before the commissioner.
   SECTION 25. Penalties. Each and every violation of this rule and regulation shall constitute a separate offense. Violation of this rule and regulation is punishable by Sections 3707.99 of the Revised Code of the State of Ohio which states as follows:
   A)    Whoever violates section 3707.03 of the Revised Code, unless good and sufficient reason therefor is shown, is guilty of a minor misdemeanor.
   B)    Whoever violates section 3707.38 of the Revised Code is guilty of a minor misdemeanor.
   C)    Whoever violates section 3707.48 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(Amended Feb. 18, 1975)
   SECTION 26. Repeal clause. All rules and regulations or parts of rules and regulations in conflict herewith are hereby repealed to the extent of such conflict only.
   SECTION 27. Savings Clause. If any section, subsection, sentence, clause or phrase of this rule and regulation is for any reason held to be unconstitutional, void or invalid the validity of the remaining portions of this rule and regulation shall not be affected thereby.
   SECTION 28. For the reason stated in the preamble hereto which is made a part hereof, this resolution is declared to be an emergency measure and shall take effect and be in force upon its adoption.
   Vote on emergency clause, 4 yeas, 0 nays.
   Adopted July 10, 1959, voting 4 yeas, 0 nays.
Gilbert H. Siegel, Pres.
Toledo District Board of Health
Thomas Heatley, M.D., Sec'y.
Toledo District Board of Health