Over the past few months, residents have brought to my attention their concerns about waterline tap-ins. They were told their well would be condemned by the City of Fremont or other government agencies. Those residents would then be required to tap into the City’s waterline and would have to be annexed into the City. One resident looking to buy a home in Ballville Township almost walked away from the sale, due to these statements.
These statements are false. The truth is there are no laws which require you to tap into a waterline when it is installed in front of your house. I personally contacted Susan K. Schell, Manager of Engineering and Infrastructure with the Ohio EPA, and Rachel L. Townsend, RS, Residential Water and Sewage Program Manager, Ohio Department of Health. Please see their letters attached in regard to these issues. Both letters, as received from the Ohio EPA and Ohio Department of Health, state there are no laws in Ohio that require you to tap into a waterline and have to abandon a perfectly good well serving your home.
I contacted Ralph Baker with the Bowling Green office of the Ohio EPA in regard to this matter. He in turn, contacted the City of Fremont for clarification of their policies. Bob Ward Jr., Superintendent, Water/Sewer Maintenance, City of Fremont, stated the City has no requirements and also confirmed the same facts about the laws the Ohio EPA and Ohio Department of Health commented on. Please see letter attached.
The fear of annexation was also brought up by residents in the fall. Under the Ohio Revised Code, Section 709.02, “Petition for annexation by owners of contiguous real estate”, you cannot be annexed unless you are contiguous to the city corporation line. The new waterline was installed along Buckland starts at Third Avenue which is 700 feet away from the city corporation line. The installation of the waterline is for the new school being constructed to replace Lutz school. The city corporation line is 3000 feet from Lutz school. By Law every parcel of land would have to be annexed over the 3000 feet for Lutz school to be annexed into the City. Even if a person wanted to annex into the city, unless they abutted the corporation line, they cannot be incorporated into the city. The second requirement of the law is for the person requesting to be annexed, they must sign a petition to do so. I have attached below this part of the Ohio revised code.
The issue that you shall tap into the waterline, your well will be condemned and you are going to be annexed into the city were statements counter to actual law. I can personally attest to this fact. I have a waterline with a hydrant in front of my home. My home has used well for more than thirty years, and I have never been required to connect into the waterline or force to annex into the City. If your wells are safe, you are not required to connect into the waterline, but may do so of your own free choice. The declaration made that you shall tap into the waterline, your well will be condemned and you are going to be annexed into the city were false and should be ignored. Please feel free to contact any of these agencies for the facts or myself with any questions.
Respectfully Submitted,
Bob Kusmer
Ballville Township Trustee, Chairman
Documents by State and City officials
Ohio Revised Code 709.02
There are currently no state requirements for a premise to connect to a public water system if a waterline goes by their property. The local county health department may have some regulations requiring connection if they deem the private source of water unsafe for human consumption. If the property owner decides to connect to the public water system, they will likely be required to properly abandon their well or completely disconnect the well from the premise and install a backflow preventer on the service connection. We recommend the property owner contact the local health department for more information.
Sincerely,
Susan K. Schell Manager,
Engineering &
Infrastructure Division of Drinking and Ground Waters Ohio Environmental Protection Agency
P.O. Box 1049 Columbus, Ohio 43216-1049
614.752.9725
614.644.2909 fax
susan.schell@epa.ohio.gov
Good morning,
The city of Fremont does not require anyone to tap in to our water mains and we do not condemn wells. The wells are inspected by the Sandusky county Health Department. The Health department would decide if a well is bad or not.
If you have any further questions please feel free to contact me.
Bob Ward Jr.
Superintendent
Water/Sewer Maintenance
Phone: 419-332-3181
Fax: 419-334-5908
There is not state a regulation that requires an approved private water system drilled well to be abandoned and the dwelling to be connected to public water when it becomes available. However, if the private water system is in disrepair, contaminated, deteriorated, or a source of contamination moving into the groundwater aquifer the local health district can order such work as is necessary to protect the health of the private water system users and/or the water supply. You need to speak with your health district to learn if any of these circumstances apply to your well. You can find local health district contact information at: https://odh.ohio.gov/wps/portal/gov/odh/find-local-health-districts
Sincerely,
Rachel L. Townsend, RS
Residential Water and Sewage Program Manager
Ohio Department of Health
246 N. High Street
Columbus, OH 43215
Water Program: 614-644-7558
Sewage Program: 614-644-7551
709.02 Petition for annexation by owners of contiguous real estate.
(A) The owners of real estate contiguous to a municipal corporation may petition for annexation to a municipal corporation in the manner provided by sections 709.02 to 709.11 of the Revised Code.
(B) Application for annexation shall be made by a petition filed with the clerk of the board of county commissioners of the county in which the territory is located.
(C) The petition required by this section shall contain the following:
(1) The signatures of a majority of the owners of real estate in the territory proposed for annexation. The person who signs or the circulator of the petition also shall write the date the signature was made next to the owner’s name. No signature obtained more than one hundred eighty days before the date on which the petition is filed shall be counted in determining the number of signers of the petition. Any owner who signed the petition may have the signature removed before the document is filed by delivering a signed statement to the agent for the petitioners expressing the owner’s wish to have the signature removed. Upon receiving a signed statement, the agent for the petitioners shall strike through the signature, causing the signature to be deleted from the petition.
(2) An accurate legal description of the perimeter and an accurate map or plat of the territory proposed for annexation;
(3) The name of a person or persons to act as agent for the petitioners. The agent for the petitioners may be an official, employee, or agent of the municipal corporation to which annexation is proposed.
(D) At the time of filing the petition for annexation, the agent for the petitioners also shall file with the clerk of the board a list of all tracts, lots, or parcels in the territory proposed for annexation, and all tracts, lots, or parcels located adjacent to that territory or directly across the road from it when the road is adjacent to it, including the name and mailing address of the owner of each tract, lot, or parcel, and the permanent parcel number from the county auditor’s permanent parcel numbering system established under section 319.28 of the Revised Code for each tract, lot, or parcel. This list shall not be considered to be a part of the petition for annexation, and any error on the list shall not affect the validity of the petition.
(E) As used in sections 709.02 to 709.21, 709.38, and 709.39 of the Revised Code, “owner” or “owners” means any adult individual who is legally competent, the state or any political subdivision as defined in section 5713.081 of the Revised Code, and any firm, trustee, or private corporation, any of which is seized of a freehold estate in land; except that easements and any railroad, utility, street, and highway rights-of-way held in fee, by easement, or by dedication and acceptance are not included within those meanings; and no person, firm, trustee, or private corporation, the state, or any political subdivision, that has become an owner of real estate by a conveyance, the primary purpose of which is to affect the number of owners required to sign a petition for annexation, is included within those meanings. For purposes of sections 709.02 to 709.21, 709.38, and 709.39 of the Revised Code, the state or any political subdivision shall not be considered an owner and shall not be included in determining the number of owners needed to sign a petition unless an authorized agent of the state or the political subdivision signs the petition. The authorized agent for the state shall be the director of administrative services.
An owner is determined as of the date the petition is filed with the board of county commissioners. If the owner is a corporation, partnership, business trust, estate, trust, organization, association, group, institution, society, state, or political subdivision, the petition shall be signed by a person who is authorized to sign for that entity. A person who owns more than one parcel of real estate, either individually or as a tenant in common or by survivorship tenancy, shall be counted as one owner for purposes of this chapter.