Stark C & D Disposal v. Board of Health of Stark County, No.10AP-51 (10th Dist. Ohio Sept. 28, 2010).

The Court upheld an ERAC ruling permitting the expansion of a C&D facility to within 1000 feet of a private well despite the local Board of Health’s decision to deny the expansion.  The Court’s holding is based upon ERAC’s interpretation of the rules governing C & D facilities and the lack of scientific data supporting the Board of Health’s decision. 

To review the case, click here.