Ohio Code 3718.09 – Enforcement orders – emergency orders
(A) A board of health may issue, modify, suspend, or revoke enforcement orders to a registration or permit holder or other person directing the holder or person to abate a violation of this chapter, any rule adopted or order issued under it, or a condition of a registration or permit issued under it within a specified, reasonable time. If an order issued under this division is neglected or disregarded, the applicable board of health may proceed in accordance with section 3707.02 of the Revised Code.
Terms Used In Ohio Code 3718.09
- Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709. See Ohio Code 3718.01
- Domestic septage: means the liquid or solid material removed from a sewage treatment system, portable toilet, or type III marine sanitation device as defined in 33 C. See Ohio Code 3718.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- Sewage: includes liquids containing household chemicals in solution commonly discharged from a residence or from commercial, institutional, or other similar facilities. See Ohio Code 3718.01
(B) The health commissioner or the commissioner’s designated representative, without prior notice or hearing and in accordance with rules adopted by the director of health, may issue an emergency order requiring any action necessary to meet a public health emergency or to prevent or abate an imminent and substantial threat to surface water or ground water regarding domestic septage management or regarding a sewage treatment system that is being operated in a manner that does not comply with this chapter or rules adopted under it. A person to whom such an emergency order is issued immediately shall comply with the order. A person so ordered may apply to the issuer of the order for a hearing, which shall be held as soon as possible, but not later than twenty days after the issuer’s receipt of the application for a hearing.