The city of Moraine is asking a state appeals board to review the Ohio EPA’s directives to a Dayton landfill where odor issues have drawn criticism from Montgomery County and several of its communities.
The Environmental Review Appeals Commission is being asked to step in regarding the EPA’s finding and orders for Stony Hollow Landfill, which has been unable to resolve odor issues since April 2016.
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Here are four things to know about the ERAC:
-It is the highest level for administrative appeals for final actions of the directors of the Ohio Environmental Protection Agency and the Ohio Department of Agriculture, as well as the State Fire Marshal, the State Emergency Response Commission, and county and local boards of health.
-It made seven decisions in 2016, four involving Ohio EPA Director Craig Butler. This year its only decision involved Butler.
-It operates under the Ohio Revised Code and consists of three members appointed by the governor for staggered six-year terms. Current members are Chair Melissa M. Shilling, Vice Chair Michael Verich and member Cynthia A. Hafner.
-Its decisions may be appealed to the Franklin County Court of Appeals or - if the appeal arises from an alleged violation of a law or regulation - to the court of appeals for the district in which the violation is alleged to have occurred. Any final decision of the court of appeals may be appealed to the Ohio Supreme Court.
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