Ohio § 6103.02

§ 6103.02.

(A) For the purpose of preserving and promoting the public health and welfare, a board

of county commissioners may acquire, construct, maintain, and operate any public water

supply facilities within its county for one or more sewer districts and may provide

for their protection and prevent their pollution and unnecessary waste.  The board may negotiate and enter into a contract with any public agency or any

person for the management, maintenance, operation, and repair of the facilities on

behalf of the county, upon the terms and conditions as may be agreed upon with the

agency or person and as may be determined by the board to be in the interests of the

county.  By contract with any public agency or any person operating public water supply facilities

within or without its county, the board also may provide a supply of water to a sewer

district from the facilities of the public agency or person. (B) The county sanitary engineer or sanitary engineering department, in addition to other

assigned duties, shall assist the board in the performance of its duties under this

chapter and shall be charged with other duties and services in relation to the board's

duties as the board prescribes. (C) The board may adopt, publish, administer, and enforce rules for the construction,

maintenance, protection, and use of county-owned or county-operated public water supply

facilities outside municipal corporations and of public water supply facilities within

municipal corporations that are owned or operated by the county or that are supplied

with water from water supply facilities owned or operated by the county, including,

but not limited to, rules for the establishment and use of any connections, the termination

in accordance with reasonable procedures of water service for nonpayment of county

water rates and charges, and the establishment and use of security deposits to the

extent considered necessary to ensure the payment of county water rates and charges.  The rules shall not be inconsistent with the laws of the state or any applicable

rules of the director of environmental protection. (D) No public water supply facilities shall be constructed in any county outside municipal

corporations by any person, except for the purpose of supplying water to those municipal

corporations, until the plans and specifications for the facilities have been approved

by the board.  Construction shall be done under the supervision of the county sanitary engineer.  Any person constructing public water supply facilities shall pay to the county all

expenses incurred by the board in connection with the construction. (E) The county sanitary engineer or the county sanitary engineer's authorized assistants

or agents, when properly identified in writing or otherwise and after written notice

is delivered to the owner at least five days in advance or mailed at least five days

in advance by first class or certified mail to the owner's tax mailing address, may

enter upon any public or private property for the purpose of making, and may make,

surveys or inspections necessary for the design or evaluation of county public water

supply facilities.  This entry is not a trespass and is not to be considered an entry in connection

with any appropriation of property proceedings under sections 163.01 to 163.22 of the Revised Code that may be pending.  No person or public agency shall forbid the county sanitary engineer or the county

sanitary engineer's authorized assistants or agents to enter, or interfere with their

entry, upon the property for the purpose of making the surveys or inspections.  If actual damage is done to property by the making of the surveys or inspections,

the board shall pay the reasonable value of the damage to the property owner, and

the cost shall be included in the cost of the facilities and may be included in any

special assessments levied and collected to pay that cost. (F) The board shall fix reasonable rates, including penalties for late payments, for

water supplied to public agencies and persons when the source of supply or the facilities

for its distribution are owned or operated by the county and may change the rates

from time to time as it considers advisable.  When the source of the water supply to be used by the county is owned by another

public agency or person, the schedule of rates to be charged by the public agency

or person shall be approved by the board at the time it enters into a contract for

the use of water from the public agency or person. When the distribution facilities are owned by the county, the board also may fix reasonable

charges to be collected for the privilege of connecting to the distribution facilities

and may require that, prior to the connection, the charges be paid in full or, if

determined by the board to be equitable in a resolution relating to the payment of

the charges, may require their payment in installments, as considered adequate by

the board, at the times, in the amounts, and with the security, carrying charges,

and penalties as may be determined by the board in that resolution to be fair and

appropriate.  No public agency or person shall be permitted to connect to those facilities until

the charges have been paid in full or provision for their payment in installments

has been made.  If the connection charges are to be paid in installments, the board shall certify,

to the county auditor, information sufficient to identify each parcel of property

served by a connection and, with respect to each parcel, the total of the charges

to be paid in installments, the amount of each installment, and the total number of

installments to be paid.  The county auditor shall record and maintain the information so supplied in the

waterworks record provided for in section 6103.16 of the Revised Code until the connection charges are paid in full.  The board may include amounts attributable to connection charges being paid in installments

in its billings of rates and other charges for water supplied.  In addition, the board may consider payments made to a school district under section 6103.25 of the Revised Code when the board establishes rates and other charges for water supplied. A board may establish discounted rates or charges or may establish another mechanism

for providing a reduction in rates or charges for persons who are sixty-five years

of age or older.  The board shall establish eligibility requirements for such discounted or reduced

rates or charges, including a requirement that a person be eligible for the homestead

exemption or qualify as a low- and moderate-income person. (G) When any rates or charges are not paid when due, the board may do any or all of the

following: (1) Certify the unpaid rates or charges, together with any penalties, to the county auditor.  The county auditor shall place the certified amount upon the real property tax list

and duplicate against the property served by the connection.  The certified amount shall be a lien on the property from the date placed on the

real property tax list and duplicate and shall be collected in the same manner as

taxes, except that, notwithstanding section 323.15 of the Revised Code , a county treasurer shall accept a payment in that amount when separately tendered

as payment for the full amount of the unpaid rates or charges and associated penalties.  The lien shall be released immediately upon payment in full of the certified amount. (2) Collect the unpaid rates or charges, together with any penalties, by actions at law

in the name of the county from an owner, tenant, or other person or public agency

that is liable for the payment of the rates or charges; (3) Terminate, in accordance with established rules, the water service to the particular

property unless and until the unpaid rates or charges, together with any penalties,

are paid in full; (4) Apply, to the extent required, any security deposit made in accordance with established

rules to the payment of the unpaid rates and charges, together with any penalties,

for water service to the particular property. All moneys collected as rates, charges, or penalties fixed or established in accordance

with division (F) of this section for water supply purposes in or for any sewer district

shall be paid to the county treasurer and kept in a separate and distinct water fund

established by the board to the credit of the district. Each board that fixes water rates or charges may render estimated bills periodically,

provided that at least quarterly it shall schedule an actual reading of each customer's

meter so as to render a bill for the actual amount shown by the meter reading to be

due, with credit for prior payments of any estimated bills submitted for any part

of the billing period, except that estimated bills may be rendered if a customer's

meter is not accessible for a timely reading or if the circumstances preclude a scheduled

reading.  Each board also shall establish procedures providing a fair and reasonable opportunity

for the resolution of billing disputes. When property to which water service is provided is about to be sold, any party to

the sale or an agent of a party may request the board to have the meter at that property

read and to render, within ten days following the date on which the request is made,

a final bill for all outstanding rates and charges for water service.  The request shall be made at least fourteen days prior to the transfer of the title

of the property. At any time prior to a certification under division (G)(1) of this section, the board

shall accept any partial payment of unpaid water rates or charges in the amount of

ten dollars or more. Except as otherwise provided in any proceedings authorizing or providing for the security

for and payment of any public obligations, or in any indenture or trust or other agreement

securing public obligations, moneys in the water fund shall be applied first to the

payment of the cost of the management, maintenance, and operation of the water supply

facilities of, or used or operated for, the sewer district, which cost may include

the county's share of management, maintenance, and operation costs under cooperative

contracts for the acquisition, construction, or use of water supply facilities and,

in accordance with a cost allocation plan adopted under division (H) of this section,

payment of all allowable direct and indirect costs of the district, the county sanitary

engineer or sanitary engineering department, or a federal or state grant program,

incurred for the purposes of this chapter, and shall be applied second to the payment

of debt charges payable on any outstanding public obligations issued or incurred for

the acquisition or construction of water supply facilities for or serving the district,

or for the funding of a bond retirement or other fund established for the payment

of or security for the obligations.  Any surplus remaining may be applied to the acquisition or construction of those

facilities or for the payment of contributions to be made, or costs incurred, for

the acquisition or construction of those facilities under cooperative contracts.  Moneys in the water fund shall not be expended other than for the use and benefit

of the district. (H) A board of county commissioners may adopt a cost allocation plan that identifies,

accumulates, and distributes allowable direct and indirect costs that may be paid

from the water fund of the sewer district created pursuant to division (G) of this

section, and that prescribes methods for allocating those costs.  The plan shall authorize payment from the fund of only those costs incurred by the

district, the county sanitary engineer or sanitary engineering department, or a federal

or state grant program, and those costs incurred by the general and other funds of

the county for a common or joint purpose, that are necessary and reasonable for the

proper and efficient administration of the district under this chapter.  The plan shall not authorize payment from the fund of any general government expense

required to carry out the overall governmental responsibilities of a county.  The plan shall conform to United States office of management and budget Circular

A-87, “Cost Principles for State, Local, and Indian Tribal Governments,” published

May 17, 1995.