cindy hafner, ohio epa, legal and enforcement process improvements, midwest environmental compliance...

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Ohio Updates

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Page 1: Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

Ohio Updates

Page 2: Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

US Army Corp of EngineerDredging Cleveland Harbor6 miles of Cleveland Harbor dredged annuallyUSACE tests sediment for contaminants Ohio 401 Certification necessary for Lake

DisposalDisagreement over cleanliness of 145,000

yds3 in last milePCB levels too high Potential effect on PCB levels in Walleye

401 required dredge material disposal in CDF – not Lake Erie

Page 3: Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

US Army Corp of EngineerDredging Cleveland HarborOhio EPA filed suit in 2015

requesting preliminary injunction to dredge in 2015Court agreed and ordered

USACE to dredgeOhio EPA ordered to set

aside money to pay difference while litigation on merits move forward

Completing recordMerit hearing expected

end of 2015, early 2016

Page 4: Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

US Army Corp of EngineerDredging Cleveland Harbor

Page 5: Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

Legal Process ImprovementLEAN to improve efficiencyTrade Secret determination in Public Records

processVerified Complaints Audit PrivilegeAdministrative Hearing Process

Page 6: Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

Federal & State InteractionsProgrammaticLegal General Counsel ECOS – Legal Network