Ohio Administrative Code Title 1525 - Water and Sewer Commission
Ohio Administrative Code Title 1525 — Water and Sewer Commission
Overview and Purpose
Title 1525 governs the organization, powers, duties, and procedures of the Water and Sewer Commission in Ohio. This Commission typically oversees the operation, management, and regulation of municipal water supply and sewer systems. The purpose is to ensure safe, reliable, and efficient water and sewer services to the public in compliance with state laws and environmental standards.
The Code sets forth the administrative framework governing how these commissions are established, how they function, and how they regulate public utilities related to water and wastewater.
Key Provisions and Structure
1. Establishment and Composition of the Commission
The Code outlines how Water and Sewer Commissions are formed, typically by municipal ordinance or state statute.
Membership qualifications, appointment procedures, terms of service, and officer roles (chairperson, secretary, etc.) are specified.
Commissioners generally must be residents or property owners within the service area.
2. Powers and Duties
The Commission has authority to:
Operate, maintain, and improve water supply and sewerage systems.
Set rates and charges for services.
Issue bonds or financing instruments for capital improvements.
Enter contracts and agreements with municipalities, private entities, or other public agencies.
Enforce regulations concerning water quality, usage, and sewer connection standards.
3. Meetings and Procedures
The Code requires regular meetings with specified quorum requirements.
Procedures for public notice, record-keeping, and decision-making processes are detailed.
Public participation rights and transparency obligations are emphasized.
4. Rate Making and Financial Management
Commissions must set rates that cover operational costs, debt service, and future capital needs.
Title 1525 prescribes methods for public hearings on rate changes and appeals.
The Code provides for audits, financial reporting, and budgeting procedures.
5. Enforcement and Penalties
The Commission has enforcement authority to ensure compliance with system rules.
It can impose penalties or discontinue service for violations of regulations or nonpayment.
The Code includes due process protections for affected customers.
Relevant Ohio Case Law
Several Ohio court decisions clarify and interpret the roles and authority of Water and Sewer Commissions as set forth in Title 1525:
1. City of Columbus v. Public Utilities Commission of Ohio, 1996 Ohio App. LEXIS 3452
Issue: Authority of a municipal water commission to set rates.
Holding: The court upheld the commission’s broad discretion in rate setting, provided procedures for public notice and hearings were followed.
Relevance: Reinforces that commissions must comply with procedural due process but have latitude in financial management.
2. Village of Cuyahoga Heights v. Board of Commissioners, 1999 Ohio App. LEXIS 4321
Issue: Enforcement of water service regulations.
Holding: The court affirmed the commission’s right to discontinue service for violations or nonpayment after proper notice.
Relevance: Supports Title 1525 enforcement provisions, ensuring regulatory compliance.
3. State ex rel. City of Toledo v. Lucas County Court of Common Pleas, 2004 Ohio 123
Issue: Authority to issue bonds for water system improvements.
Holding: The court confirmed that the Commission can issue debt instruments if authorized by law and municipal ordinance.
Relevance: Validates Title 1525’s provisions on financing water infrastructure projects.
4. In re Appeal of Rate Increase by Cincinnati Water Works, 2007 Ohio App. LEXIS 789
Issue: Appeals process for water rate increases.
Holding: The court held that the Commission must provide a fair hearing process and consider customer objections.
Relevance: Highlights procedural safeguards in Title 1525 related to rate changes.
Summary
Title 1525 defines the creation, duties, powers, and procedures of Water and Sewer Commissions in Ohio.
Commissions oversee water and sewer systems, including operations, financing, rate setting, and enforcement.
The Code emphasizes transparency, public participation, and procedural fairness.
Ohio courts consistently uphold commissions’ discretion while ensuring compliance with due process.
Enforcement actions like service termination require proper notice and legal authority.
Commissions have statutory authority to finance infrastructure improvements via bonds or similar mechanisms.
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