Ohio EPA issues statement concerning the Patriot Water Treatment and City of Warren’s permit appeals before the Environmental Review Appeals Commission

The permit, as it was originally issued, allowed for Patriot to dispose of more than 100,000 gallons of oil and gas brine per day into the City of Warren’s sewer system.  For more information, click here.

Ohio EPA considering draft general permit for temporary wastewater discharges

Temporary discharges are usually those associated with a facility or site cleanup; a one-time emergency discharge related to an environmental cleanup activity; discharges required for restoring conditions affecting aquatic life or to protect human health and safety; and discharges resulting from testing pilot projects.  For more information, click here.

Ohio EPA proposes amended rule for particulate emissions from industrial processes

The rule would require exemptions for surface coating operations to be approved by both Ohio EPA and US EPA.  For more information, click here.

Caputo v. Toledo, 2011-Ohio-5682 (Ohio 6th Dist. Ct. of Appeals Nov. 4, 2011).

Repair of a storm sewer is a maintenance activity and, therefore a proprietary function for which the City was not entitled to statutory immunity; however, plaintiffs failed to establish a causal link and therefore cannot recover.  To read the case, click here.

State ex rel. Nix v. Bath Twp., 2011-Ohio-5636 (Ohio 9th Dist. Ct. of Appeals Nov. 2, 2011).

The 9th District Court of Appeals affirmed that Bath Township was not entitled to statutory immunity, ruling that plaintiffs challenged the Township’s maintenance of its drainage facilities, which is a proprietary fund, and not the Township’s decision to install drainage facilities.    To read the case, click here.

Ross Cty. Water Co. v. Chillicothe, No. 10-3422 (6th Cir. Nov. 30, 2011).

The Sixth Circuit upheld a rural water company’s exclusive right to provide water service to the disputed area under the Agricultural Act.

Ohio EPA issues draft rule on oil and gas exploration and production in Ohio

The new rule would affect the Marcellus and Utica Shales.  Comments on the draft rule are due on December 12, 2011. For more information, click here.