Ohio Supreme Court Rules on Civil Penalties for Air Permit Violations

The Ohio Supreme Court recently decided a case involving the appropriate method for determining civil penalties for air permit violations.  State ex rel. Ohio Atty. Gen. v. Shelly Holding Co..  The central issue was whether the violation was considered a continuing violation.  The Court held a violation was continuing from the date of a failed stack test until evidence is presented to prove the violation was not continuous.