Ohio Chapter

NEWS RELEASE

Polluters Can Avoid Penalties When Ohio EPA Fails to Act

COLUMBUS - The Sierra Club is calling on Governor Bob Taft to veto Senate Bill 105, a bill that establishes a five-year statute of limitations on environmental penalties. Polluters are able to avoid penalties when state or local agencies such as Ohio EPA fail to act quickly to enforce environmental laws. The Sierra Club opposes Senate Bill 105.

The bill passed the House last week by a vote of 58 to 39. The Senate concurred with changes made in the House.

"If Governor Taft signs this bill, he's acknowledging that Ohio EPA has not acted quickly enough on environmental enforcement," said Marc Conte, Legislative Coordinator for the Ohio Chapter of the Sierra Club. "Governor Taft should be making sure state agencies are diligently pursuing those who pollute Ohio's air and water, not letting polluters off the hook," continued Conte.

The bill is extremely vague as to when the five years begins to toll basing it on when the agency, "knew or was informed of the occurrence, omission, or facts on which the cause of action is based." This is far less specific than "knowledge of the violation."

The bill also prevents local governments from collecting penalties when they bring suits after five years if the Ohio EPA and other state agencies fail to act in a timely manner.

"We need better environmental enforcement in this state. Unfortunately, Senate Bill 105 moves Ohio in the opposite direction," added Conte.

The Sierra Club is the nation's oldest and largest environmental organization with 700,000 members nationwide and 18,000 members in Ohio.

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