OH: Patriot Water Treatment Decision

We have previously reported on the [non]availability of POTWs in Ohio for brine disposal (see here, e.g.).  On a related note, the Ohio Environmental Review Appeals Commission (ERAC) recently held that Ohio EPA did not have the authority to require compliance with Revised Code Chapter 1509 when issuing NPDES permits to the City of Warren, Ohio (see Patriot Water Treatment, LLC v. Korleski, Nos. 156477, 156588, 786501, and 786589, Jul. 3, 2012).