Cindy Hafner, Ohio EPA, Legal and Enforcement Process Improvements, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

2. US Army Corp of Engineer
Dredging Cleveland Harbor
 6 miles of Cleveland Harbor dredged annually
 USACE tests sediment for contaminants
 Ohio 401 Certification necessary for Lake Disposal
 Disagreement over cleanliness of 145,000 yds3 in last
mile
 PCB levels too high
 Potential effect on PCB levels in Walleye
 401 required dredge material disposal in CDF – not
Lake Erie

3. US Army Corp of Engineer
Dredging Cleveland Harbor
 Ohio EPA filed suit in 2015
requesting preliminary
injunction to dredge in
2015
 Court agreed and ordered
USACE to dredge
 Ohio EPA ordered to set
aside money to pay
difference while litigation
on merits move forward
 Completing record
 Merit hearing expected
end of 2015, early 2016

4. US Army Corp of Engineer
Dredging Cleveland Harbor

5. Legal Process Improvement
 LEAN to improve efficiency
 Trade Secret determination in Public Records process
 Verified Complaints
 Audit Privilege
 Administrative Hearing Process

6. Federal & State Interactions
 Programmatic
 Legal
 General Counsel
 ECOS – Legal Network