Ohio Administrative Code|Rule 3745-92-05 | Orders of the director, notice to owner.

                                                

(A) If the director finds that a
system or part thereof for which financial assurance is required under division
(A) of section 6109.08 of the Revised Code is being operated but is not
properly constructed, maintained, repaired or operated, the director may order
the owner and the operator of the system or part thereof to correct the
deficiencies in construction, maintenance, repair or operation. If the order
required construction, installation, or modification, the owner or operator,
within ninety days of receipt of such order or within such additional period as
the director may approve, shall submit plans for correcting the deficiency
pursuant to rule 3745-91-02 of the Administrative Code.

(B) The director shall authorize use
of funds from the financial assurance as necessary to enable compliance with
the order. Upon prior written approval of the director the water system shall
make or cause payment to be made to persons who have performed work under
contract with the owner or the owner's agent, or a designated
representative, for the purpose of correcting such deficiencies in
construction, maintenance, repair or operation, as ordered by the director.
When funds from the financial assurance are used, the owner or the operator of
the system or part thereof shall replace such funds within six months of
use.

(C) If the system is owned by
multiple owners of lots served by the system, the "owner" shall be
considered notified for purposes of this rule when notice of the
director's order is sent by first-class mail to the mailing address of the
association representing the lot owners or to all the known officers of such
association, or, if neither of these methods is possible, to the last known
address of each lot owner.

(D) The provisions of this rule do
not apply to the extent that they may be inconsistent with an emergency order
made by the director under section 6109.05 of the Revised Code.

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