Ohio EPA Archive

Ohio Appeals Court Upholds Personal Liability for $4.7 Million Penalty

C&D Disposal Technologies, LLC (“C&D Disposal”) operated a construction and demolition debris landfill in southeastern Ohio. The landfill had a difficult operating history, allegedly accepting illegal solid waste and used tires, being filled beyond its permitted capacity, and a host of other alleged violations. After a trial on the merits, the trial court found C&D […]

Corporate Officer Found Personally Liable for Ohio Asbestos Abatement Violations

In connection with the demolition of a defunct Ohio steel mill, Arthur David Sugar, Sr., the sole shareholder of a company called Honey Creek Consulting Company, Inc., was found personally liable for the actions of both Honey Creek and asbestos remediation contractors hired by Honey Creek resulting Mr. Sugar being jointly and severally liable for […]

Court Upholds Personal Liability for Corporate Environmental Violations + $6.1 million Penalty

An Ohio appellate court has upheld the trial court’s finding of personal liability for the environmental violations of a number of closely held corporate entities and reiterated the standards in Ohio for “piercing the veil” for environmental liabilities. In State of Ohio v. Pure Tech Systems, Inc., the Eighth District Court of Appeals upheld the […]

Is Every TMDL a Rule? Ohio Supreme Court says “Yes”

On March 24, 2015, the Ohio Supreme Court issued its opinion in Fairfield County Board of Commissioners v. Nally finding that Total Maximum Daily Loads (TMDLs) established by Ohio EPA must go through a formal rulemaking process prior to being submitted to USEPA for approval.  The decision creates substantial uncertainty for entities applying for or […]

Ohio EPA Considering Overhaul of Section 401 Certification of Nationwide Permits

The U.S. Army Corps of Engineers (Corps) has established a system of Nationwide Permits (NWPs), which provide for a somewhat streamlined permitting process for certain stream and wetland impacts that are deemed to have a minimal cumulative impact on aquatic resources. In order to use these NWPs in Ohio, the Ohio EPA must issue a […]