The EPA directives for a Dayton landfill where odor issues have drawn criticism from Montgomery County and several of its communities are being appealed by the city of Moraine.
The Environmental Review Appeals Commission is being asked to review the Ohio Environmental Protection Agency’s finding and orders for Stony Hollow Landfill, which has been unable to resolve odor issues since April 2016.
Here are three things to know about the appeal:
-It is being led by Peter Precario, the environmental attorney hired by Moraine. He is a former chief of the Ohio EPA’s litigation development section and a former chairman of the review commission, according to the city.
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-Moraine can request Ohio EPA documents, which it has had “limited access” to so far, according to Precario. The Ohio EPA is required to put together “a certified record,” which will involve “all the documents used by the agency to come up with their final order,” which does not specify a definite cause of the odors, Precario said.
-The commission’s decision is not necessarily final. An appeals court may be asked rule on the issue, and if the issue is pursued further, it would go before the Ohio Supreme Court.
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