Monday, April 14, 2014
Monday, April 7, 2014
Ohio Businesses Must Comply with Ohio EPA Air Pollution Standards
A: If you will be using manufacturing equipment, your business must comply with certain environmental regulations. In particular, air pollution regulations are closely monitored and enforced, so you should understand these regulations and obtain any appropriate permits. Ohio EPA may be willing to guide you in this process, but if you aren’t sure about your permitting status, consult an attorney.
A: Ohio usually requires a “permit to install and operate” (PTIO) before air pollution sources are installed. An air pollution “source” may be anything from an industrial furnace stack to a paint booth, or even a gravel roadway that creates dust.
A: Yes. There is an exception for very small (“de minimis”) sources of air pollution that have the potential to emit no more than 10 pounds of any individual pollutant in a 24-hour period of continuous operation. This exception also applies to sources that would emit more than 10 pounds if operated continuously for 24 hours, but never do so in normal operations, but the operator must keep records showing that the 10-pound threshold is never exceeded.
A: Yes. If you don’t think you are a “de minimis” source, you still may be on Ohio EPA’s list of 45 types of sources that can receive “permanent exemptions” from air permitting. Some common sources that do not require permits include certain small boilers, tumblers, bakery ovens, laboratory equipment, small storage tanks and inkjet printers.
A: If your facility has relatively minor sources of air pollution, but does not fall into one of the above categories, you must get a standard PTIO from Ohio EPA. You can get a form through the Ohio EPA’s website (www.epa.ohio.gov), and you can probably get assistance with your application from the Ohio EPA. If your company has larger sources of air pollution, you may need to get a federal permit under the New Source Review and Title V permitting programs. (Visit www.epa.gov/region05/air/permits/index.html for more information.)
A: You should prepare for unannounced inspections if you have environmental permits. To properly prepare, designate someone from your facility who understands the company’s operations and environmental issues to accompany the inspectors, explain the facility’s layout and operation, and to serve as the Ohio EPA contact person.
Monday, March 31, 2014
Ohio Law Addresses Oil and Gas Well Waste
A: Ohio has some of the most stringent TENORM rules in the country. TENORM wastes cannot be disposed of at the drill pad. Oil and gas drilling solids that are also TENORM must be tested for radium concentrations before leaving the drill pad. TENORM wastes with concentrations of less than 5 pico-curies per gram above a “natural background” (about 79.4 millirem) may be disposed of at licensed solid waste landfills. Wastes with elevated concentrations of TENORM must be sent to a low-level radioactive waste disposal facility. If brine contains TENORM, brine disposal laws govern disposal. In Ohio, this almost always means that the brine is injected into a deep well for disposal.
Monday, March 24, 2014
Horse Owners May Be Liable for Equine Trespass
Monday, March 17, 2014
Legal Aspects of Assisted Reproduction Technology
Monday, March 10, 2014
Will You Know A Condominium When You See One?
Q: What, exactly, is a condominium?
Monday, March 3, 2014
Public Schools Must Have Reasonable Suspicion to Test Students for Drugs and Alcohol
A: Public schools are responsible for ensuring the safety of all students. For this reason, public school officials are not held to the higher “probable cause” standard law enforcement officers must meet to conduct searches. School officials also do not need a search warrant to conduct a search (or test). Rather, school officials may test a student for drugs or alcohol if they have a “reasonable suspicion” that a student is under the influence of drugs or alcohol at school or during a school-sponsored event.
A: Having a “reasonable suspicion” means that there are reasonable grounds to suspect that a search (or test) will provide evidence that the student violated a school policy or rule. The reasonableness of any search (or test) depends on the facts and circumstances of each situation.
A: No; public schools may not implement a purely random (or “suspicionless”) drug-testing policy for all students in attendance. Such a policy has been held to violate the Fourth Amendment. However, public schools may implement a random drug testing policy for all students who participate in competitive activities (specifically including, but not necessarily limited to athletics, band, choir and cheerleading). Also, one court upheld a random drug-testing policy to include any student who received a school parking permit. So, practically speaking, a public school can randomly drug test a large portion of its students.