Williams v. Schregardus

Tyack, Judge.

On September 5, 1991, Oeder and Sons Garage, Inc. (“Oeder”) filed an application with the director of the Ohio Environmental Protection Agency (“OEPA”) for a Permit to Install (“PTI”) an air contaminant source. Oeder is a diesel fuel storage and dispensing facility located in Lebanon, Ohio. Specifically, Oeder sought a PTI for three 10,000 gallon diesel fuel tanks and one 4,000 gallon diesel fuel tank. On January 15, 1992, a PTI was issued to Oeder by the OEPA. In a separate action, Buckeye Ready-Mix Concrete, Inc. (“Buckeye”), a concrete plant also located in Lebanon, Ohio,…