[co-author: Stephanie Kozol]*
On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and Olymbec were in violation of Ohio’s hazardous waste pollution control laws. The consent order requires the two property owners to pay a $250,000 civil penalty and properly close the cleaned-up sites.
Background
Yost filed a complaint seeking injunctive relief and civil penalties against Garrison and Olymbec over hazardous glass that Closed Loop Refining and Recovery Inc. and Closed Loop Glass Solutions LLC allegedly accumulated at their properties from 2012 until 2016. According to the complaint, Closed Loop operated two glass recycling facilities at the Garrison and Olymbec properties from 2012 to 2016. At those two properties, Closed Loop took in lead-containing cathode ray tube (CRT) glass, purportedly to recycle and ship the materials off-site. However, by 2015, Closed Loop had amassed millions of pounds of the glass — which is a hazardous waste — without recycling or shipping the materials off-site. In 2016, Closed Loop suddenly ceased all operations at the properties, leaving behind intact CRTs and broken, lead-containing glass. At the written request of the director of environmental protection, the AG brought the action against Garrison and Olymbec, as well as the Closed Loop companies, to enforce Ohio’s hazardous waste laws under Ohio Revised Code Chapter 3734 and the rules adopted thereunder. The AG’s claims against the Closed Loop companies remain pending. Garrison and Olymbec are pursuing claims against dozens of potentially responsible parties over the hazardous waste, alleging Closed Loop ran a fraudulent recycling operation.
Consent Order
The consent order requires Garrison and Olymbec to fully comply with all of Ohio’s hazardous waste laws governing the operation of the two sites. The defendants have already prepared closure plans to address the violations alleged in the complaint, which will require approval by the Ohio Environmental Protection Agency (EPA). Within 30 days of receipt of notice of approval by the Ohio EPA, the defendants will be required to implement the plans, either as originally submitted, revised, or as revised and modified. The defendants will be required to amend the approved closure plans whenever (i) changes in operating plans or facility design impact the plans, or the expected year of closure changes; or (ii) if unexpected events occur when conducting partial or final closure activities that result in the need to modify the plans. Within 30 days of completion of closure, each defendant must submit a certification of closure to Ohio EPA, as well as a survey plat.
Why It Matters
Emphasis on the environment has been an emerging trend with state AGs over the past several years, particularly given the focus on environmental policy initiatives under the current administration. While prioritization of environmental protections has been most common among Democratic AGs, Republican AGs like Yost have demonstrated that AG actions in the environmental space do not always track party lines. With increased pressure to minimize environmental impact, companies should expect that state AGs from both parties will continue to pursue related issues and, accordingly, be mindful of environmental compliance.
*Senior Government Relations Manager
