WARREN, Ohio -- Patriot Water Systems will continue to operate as it appeals today's scheduled expiration if a permit to discharge wastewater to the city of Warren's wastewater treatment plant. The Oho Environmental Protection Agency set a Jan. 31 expiration date for Warren's permit to accept wastewater from Patriot, which treats low-salinity wastewater used in the hydraulic fracturing, or fracking, process.
The deadline does not take effect because both Warren and Patriot have requested an adjudicatory hearing with the OEPA. A pre-hearing conference has been scheduled for Feb. 14. Consistent with applicable Ohio law and OEPA practice, Patriot Water Treatment and Warren will continue to operate as usual pending the outcome of the adjudicatory hearing, Patriot said in a statement released late Monday.
The Environmental Review Appeals Board ruled in Patriot's favor last month and against a claim by Scott Nally, OEPA director, that his agency had unlawfully granted a discharge permit to the company because the Ohio Department of Natural Resources had not first approved of Patriot's disposal method. The commission found that Nally did not meet the burden of proving his claim and that Patriot made a legitimate factual claim in arguing that ODNR approved Patriot’s method of disposal in a manner recognized by Ohio law. Published by The Business Journal, Youngstown, Ohio.