Fairfield County Board of Commissioners v. Nally

I. Introduction

{¶ 1} This environmental case challenges the procedure used by the Ohio Environmental Protection Agency (“Ohio EPA”) in issuing a renewed water-discharge permit to the Tussing Road Water Reclamation Facility in Fairfield County (the “Tussing Road plant”). The wastewater-treatment plant, because it discharges certain substances into Blacklick Creek, is required to obtain a National Pollutant Discharge Elimination System (“NPDES”) permit from Ohio EPA under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq. (“the Clean Water Act”). See 33 U.S.C. 1342(a); R.C. 6111.03.