COLUMBUS – The Ohio Livestock Coalition has filed a lawsuit against the Ohio Environmental Protection Agency, claiming the agency’s recently released general National Pollutant Discharge Elimination System (NPDES) permit exceeds its authority.
The suit also claims many of the permit’s provisions would impose burdens on many livestock farms not required of other NPDES permittees.
The appeal of the issuance of the permit will first be considered by the state of Ohio’s Environmental Review Appeals Commission.
Both parties may appeal the commission’s ruling to the Court of Appeals.
‘Unreasonable’ conditions. In filing its legal notice with the commission , the coalition asserted the agency erred by including unreasonable terms and conditions in the permit, as well as provisions that violate federal and state laws and regulations applicable to NPDES permits.
“The permit contains so many restrictions and prohibitions on land application that many farmers will experience difficulty in finding suitable conditions for application,” said coalition Executive Director David White.
It might be several months before the appeal is considered and a ruling issued by the commission, White said.
Until the appeals process is completely expended at all levels, the Ohio EPA’s general NPDES permit will remain in effect.
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