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Legislation designed to regulate and increase use of recycled water in Ohio

TIFFANY L. PARKS
Special to the Legal News

Published: February 14, 2014

After unanimously clearing the Senate, Sen. John Eklund has taken his effort to regulate recycled water to the Ohio House.

Senate Bill 179, sponsored by Eklund, R-Chardon, would include recycled water as a private water system that is subject to regulation by the Ohio Department of Health and boards of health of city or general health districts.

The bill was passed by the Senate late last year and recently had its first hearing before the House State and Local Government committee.

“Currently, Ohio law recognizes and authorizes ODH to regulate the following systems: a well, a spring, cistern, pond or hauled water and regulates any and all equipment related to collection, storage, transportation, filtration, disinfection and treatment of aforementioned water sources,” Eklund said. “SB 179 would include recycled water systems as part of Ohio’s private water systems.”

A bill summary states that private water systems are subject to regulation by ODH and boards of health of city or general health districts in accordance with rules adopted by the health director.

In campaigning for the bill, Eklund highlighted statistical data from the U.S. Environmental Protection Agency and U.S. Census Bureau.

“As of 2012, there are 11,544,225 people in Ohio creating an average of 50 gallons of wastewater per day,” he said, noting that equates to more than 210 billion gallons of wastewater per year.

“This is a significant number by anyone’s measure. With the addition of SB 179 a new paradigm will emerge here in Ohio. We will be able to reclaim a substantial amount of potable water with the concept of wastewater reuse and recycling for potable purposes, (also known as) direct potable reuse or DPR.”

Eklund said DPR systems consist of traditional and advanced technology to produce safe and clean potable water from wastewater.

“Ohio is currently studying and approving many of the technologies that are found in today’s DPRs,” he said.

“As an example, the ODH is working with a private company located in my district on a collaborative endeavor that has led to the ODH being one of the first state agencies to approve the implementation of ultraviolet disinfection technology for use in private water systems.”

While DPRs may not be the only solution to the state’s potable water needs, Eklund said they can contribute significantly to future potable water reserves and have the ability to make a positive impact on water resources.

“DPR is a monumental breakthrough in environmental technology providing for an expanded resource for potable water,” he said. “As we all know, we can go days without food but only hours without water.”

Before the proposed legislation left the Senate floor, Dave Chew, director of sales and marketing for Fairmount Water Solutions, testified in support of the bill.

“As Sen. Eklund can attest, Fairmount Minerals is a thriving Ohio business with a core essence rooted in sustainability,” Chew said. “One of our focus areas is on sustainable water-use practices both locally and globally.”

Given technological improvements, Chew said recycled water has become the preferred source of water in a variety of applications.

“We believe the time has come to give people the freedom to include recycling as an option for source water in private water systems and Ohio should be at the forefront of that effort,” he said.

Chew said the nutrient load into natural waterways is continuing to rise.

“Depending on the study, septic systems represent either a moderate or significant percentage of that load,” he said, adding that there is a significant concentration of water-related business and knowledge in Northeast Ohio.

“This bill will help foster continued research, growth and opportunity in the area of advanced water technology here at home in Ohio.”

Chew went on to note that there are 1 billion people in the world without safe water.

“This bill represents an opportunity for Ohio to lead in our global effort toward a clean-water world, where everyone has reliable access to clean, safe water,” he said.

“We at Fairmount Minerals believe that what we do in our homes, at work and as a society can have a significant, positive effect on future generations.”

In fact, Chew said, it is becoming “increasingly obvious to us that our actions can and do have global effects.”

“As in so many cases related to sustainable practices, the risk of doing nothing is far greater than the risk associated with embracing new approaches.”

SB 179 has not been scheduled for additional hearings.

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