(A)
Each private water system shall be properly maintained
and operated according to the requirements of this chapter, and as
follows:
(1)
Where two or more dwellings are serviced by a private water
system, the entire private water system shall be owned and maintained equally
by all parties owning service connections served by the system.
(2)
Where a private
water system, or portion thereof, is not located on the same parcel as the
service connection it serves, there shall be a legally recorded easement to
allow access to the system by all parties for the purposes of maintenance,
sampling, and repairs.
(B)
A private water
system shall be located only where the system and its surroundings can be
maintained in a sanitary condition, and only where surface and subsurface
conditions will not permit contamination of the private water system or
aquifer. Where available, hydrogeologic data shall be used to select the
location of a well or spring. Any well or spring used as a source of water for
a private water system shall be located hydraulically up gradient of any
potential or known sources of contamination unless determined by the board of
health that no other practical site is suitable or available. The board of
health shall document this determination in the permit file. A well or spring
shall be located the maximum practical distance from a known or suspected
source of contamination.
(C)
A private water system shall be located so that it is
accessible for cleaning, treatment, repair, alteration, testing, and such other
attention as may be necessary.
(1)
The walls of a concrete cistern or hauled water storage
tank may share a common wall with another structure or be used as a supporting
structure provided it is acceptable with local building codes or, where no
building codes are applicable, a professional engineer.
(2)
Plastic or
fiberglass tanks for disinfection retention, supplemental water storage, and
low yield well reservoir tanks less than one thousand gallons may be placed in
the basement of a home.
(D)
A well, spring
box, or pond shall not be located within ten feet of the foundation of a
building or dwelling, where termaticides are typically applied, except within a
building designed and constructed solely to house a well or spring or pumping
and water system equipment. A water well shall not be located closer than five
feet to the edge of a deck or porch that is not part of the building foundation
for a basement or crawl space, or a slab that has been extended from the
residence or building due to limitations for access of large equipment for
service.
(E)
A new private water system shall not be located within
a one hundred year floodplain or a special flood hazard area, except when the
board of health determines that either the requirements of rule
3701-28-19 of the Administrative
Code for a variance are met, or it is a replacement for an existing system as
described in paragraph (E)(1) of this rule. The installation of a new or
replacement private water system shall comply with section
1521.13 of the Revised Code or
the floodplain management resolution or ordinance adopted by a county or
municipal corporation under section
1521.18 of the Revised
Code.
(1)
A
variance is not required for the replacement of a private water system already
existing in a floodplain when no other sites are available on that property for
construction of a private water system outside of the floodplain as determined
from the pre-construction evaluation by the board of health. This information
shall be indicated on the private water system application and permit prior to
construction.
(2)
A well constructed in a floodplain must meet the
requirements of paragraph (U) (6) of rule
3701-28-10 of the Administrative
Code.
(3)
A new private water system shall not be constructed in
a floodway.
(F)
A water source shall not be located within a sanitary
isolation radius of fifty feet of any known or possible source of
contamination, except as specified in paragraph (I) of this
rule.
(G)
A water source shall be located at least ten feet from
the established road right-of way. When no right-of-way has been designated, a
water source shall be located at least twenty-five feet from the edge of any
normal road driving surface or ten feet from any road utility easement,
whichever is greater, as determined by the Ohio department of transportation,
the county engineer, or local officials.
(H)
Except for when a
protective barrier has been constructed and all surface water is directed away
from an existing well that is being altered or repaired, a water source shall
be located at least five feet from the edge of any private driveway or parking
lot.
(I)
Watertight sewers and drains outside of the foundation
of a building shall be located a minimum of ten feet from a water source or
water distribution line when attainable except within five feet of the
foundation where both lines enter a building and in circumstances when the
water line and sewer line must cross. When a watertight sewer line crosses a
water service line then the following applies:
(1)
Provide a minimum
vertical distance of twelve inches between the outside of the water service
line and outside of the sewer. This shall be the case where the water line is
either above or below the sewer with preference to the water line located above
the sewer.
(2)
At crossings, one full length of water pipe shall be
located so both joints will be a minimum of ten feet from the sewer line and a
twenty-foot length of larger diameter watertight pipe sleeve shall be installed
on either the water service line or the sewer line and the pipe sleeve sealed
for water tightness at both ends and any joints in the length of the larger
diameter pipe sleeve. A water service line and sewer line shall not share the
same trench except where they must cross.
(J)
Any component of
a private well water system located in a grassed pasture used by large animals
shall be surrounded by a fence with all sides at least five feet from the well
component. A water source shall be located according to the following minimum
isolation distances listed in table 1:
Table 1: Isolation
Distances
|
Row
|
Potential Source of
Contamination
|
Isolation Distance (in
feet)
|
|
1
|
Lot lines and
easements
|
10
|
|
2
|
Any component of a sewage
treatment system (STS) or gray water recycling system (GWRS)
|
50
|
|
3
|
A leaching pit or drywell that
has not been properly abandoned to render it inoperable
|
100
|
|
4
|
Watertight vault
privies
|
50
|
|
5
|
Leaching privies
|
100
|
|
6
|
Waste water treatment plant,
except a well used by the facility
|
300
|
|
7
|
Drainage wells
|
100
|
|
8
|
Properly sealed
well
|
5
|
|
9
|
Existing properly constructed
private water system well
|
10
|
|
10
|
Existing properly constructed
public water system well
|
outside the sanitary isolation
radius of the public water well
|
|
11
|
Water wells or boreholes of
unknown or unregulated unpermitted construction
|
50
|
|
12
|
Vertical open loop geothermal
system, sealed with grout materials in compliance with rule
3701-28-09 of the Administrative
Code and as documented by a well log on file with the Ohio department of
natural resources
|
25
|
|
13
|
Horizontal or vertical closed
loop geothermal system, utilizing propylene glycol as the heat transfer
antifreeze
|
25
|
|
14
|
Horizontal or vertical closed
loop direct exchange geothermal system with circulating refrigerant or a heat
transfer antifreeze other than propylene glycol
|
50
|
|
15
|
Horizontal or vertical
geothermal system of unknown or undocumented construction
|
50
|
|
16
|
Permanent bodies of water such
as streams, lakes, ponds
|
25
|
|
Storm water structure or other
special conduits or other ditches with intermittent water flows not included in
the road right-of-way
|
15
|
|
17
|
Bulk salt storage
piles
|
100
|
|
18
|
Underground or above ground
fuel oil, diesel, chemical or gasoline storage tanks or other refined or
unrefined petroleum liquids (less than eleven hundred gallons)
|
50
|
|
19
|
Fuel operated motors used for
well pumps without secondary containment
|
50
|
|
20
|
Underground or above ground
fuel oil, diesel, chemical or gasoline storage tanks or other refined or
unrefined petroleum liquids (greater than eleven hundred gallons without
secondary containment)
|
300
|
|
21
|
Natural gas or propane
(LP/liquid propane) home heating tanks above or below ground
|
20
|
|
22
|
Oil and gas wells or the oil
and gas well pad, except a well that is used by the facility, which should be
constructed at the maximum practical isolation distance
|
100
|
|
23
|
Municipal solid waste, residual
waste, industrial waste, and class I, II, or III solid waste composting
facilities, operating or closed, from the boundaries of the entire facility
including the permitted boundaries of future waste placement, except a well
that is used by the facility, which should be constructed at the maximum
practical isolation distance
|
1000
|
|
24
|
Construction and demolition
debris solid waste facility, and class IV solid waste composting facilities,
except a well that is used by the facility, which should be constructed at the
maximum practical isolation distance
|
500
|
|
25
|
A regional storage facility as
defined in paragraph (DDDD) of rule
3745-40-01 of the Administrative
Code or other bulk storage facility for biosolids (sludge), except a well that
is used by the facility, which should be constructed at the maximum practical
isolation distance
|
300
|
|
26
|
Animal waste management
facility located at a major concentrated animal feeding facility (AFF)* as
defined by division (N) of section
903.01 of the Revised Code,
except a well that is used by the facility, which should be constructed at the
maximum practical isolation distance
|
300
|
|
27
|
Animal waste management
facility located at a large concentrated AFF* as defined by division (M) of
section 903.01 of the Revised Code,
except a well that is used by the facility, which should be constructed at the
maximum practical isolation distance
|
300
|
|
28
|
Animal waste management
facility located at a medium concentrated AFF* as defined by division (Q) of
section 903.01 of the Revised Code,
except a well that is used by the facility, which should be constructed at the
maximum practical isolation distance
|
300
|
|
29
|
Animal waste management
facility located at an AFF* not meeting the size designation of major, large,
or medium concentrated AFF as defined in section
903.01 of the Revised Code,
except a well that is used by the facility, which should be constructed at the
maximum practical isolation distance
|
150
|
|
30
|
Animal housing or holding pens
with no grass cover, stables, manure piles, fabricated manure storage and
animal waste or treatment buildings not located at an AFF*
|
50
|
|
31
|
Land application of septage
waste, manure, or biosolids (sludge) stockpile, storage or staging area where
the Ohio environmental protection agency has determined the aquifer has a high
susceptibility to contamination
|
300
|
|
32
|
Surface land application area
for septage, biosolids (sludge), commercially land applied manure, or other
similar materials previously approved by the Ohio environmental protection
agency or the board of health
|
200
|
|
33
|
Subsurface incorporation
application area using septage, biosolids (sludge), commercially produced
manure, or other similar materials previously approved by the Ohio
environmental protection agency or the board of health
|
100
|
|
34
|
Storage or preparation area for
commercial application of fertilizers or pesticides
|
150
|
|
*For the purposes of this rule,
"AFF" means "animal feeding facility" as defined in section
903.01 of the Revised
Code.
|
(K)
For purposes of determining compliance with the minimum
distance requirements of this rule, all measurements shall:
(1)
Be performed
on-site;
(2)
Be measured from the boundary of the water source
closest to the boundary of the structure or potential source of
contamination;
(3)
When the distance is from a regulated facility or some
portion thereof, the regulating authority has scale plans of the facility on
file, and these plans are accessible to the health district for verification of
the distance from the potential source of contamination to the point of the
facility boundary nearest to the private water system, the on-site measurement
from the private water system source to the nearest facility boundary may be
added to the distance from the facility boundary to the potential contamination
source shown on the facility plans;
(4)
For construction
of a new private water system on a new building lot, be within two per cent
from the boundary of minimum isolation distance requirements for any on-site
sewage treatment system and ten per cent from the boundary of the required
minimum distances for all other isolation distance requirements set in this
rule, unless otherwise specified;
(5)
For replacement
of a private water system at an existing home or building, be within ten per
cent of the minimum required distance without the requirement for a variance
when the maximum practical isolation distance from all potential sources of
contamination and existing structures is maintained;
(6)
When a private
water system is to be constructed where the system cannot meet all of the
isolation distances of this rule, then the isolation distances shall be
maintained at the greatest practical distances from sewage systems, petroleum
tanks, roads and right of ways, waste application staging areas, and landfills,
in this order. When an isolation distance priority is not specified here, then
the board of health shall use their best professional judgment for system
placement.
(L)
The board of health in consultation with the department
may set an isolation distance in excess of those set forth in this rule for a
specific site if conditions are determined to exist at a site during a
pre-construction evaluation where the distance set forth in this rule is
considered insufficient to protect the public health and the private water
system from contamination. The additional requirement will not require a
variance and shall be described on the application and permit prior to
activation of the permit by the board of health.
(M)
The board of
health or the department may order the replacement or sealing of any private
water system existing before the effective date of this rule that does not meet
the current isolation distance requirements if it has been determined that a
potential health threat exists from the continued use of the
system.
(N)
A private water system owner shall be responsible for
maintaining minimum isolation distances within property owned by the water
system owner.
Replaces: 3701-28-07
