Seeking civil penalties and enforcement of various orders and permit requirements previously handed down by the Ohio Environmental Protection Agency (Ohio EPA), DeWine’s office filed suit Friday in the Court of Common Pleas in Stark County, OH.
The incident caused delays after FERC, responding to a request from Ohio EPA, stepped in to halt certain HDD activities on the project pending an independent review.
"Rover illegally discharged millions of gallons of drilling fluids to Ohio’s waters, causing pollution and degrading water quality on numerous occasions and in various counties across the state," according to the Ohio AG’s complaint, which also accuses Rover of failing to obtain a stormwater permit and not submitting timely payment of fees associated with its Clean Water Act Section 401 permit.
Among other things, the Ohio AG asked the court to order Rover to move forward with obtaining a construction stormwater permit; comply with various Ohio EPA environmental restoration and monitoring plans; and pay civil penalties totaling $10,000 "for each day of each violation."
ETP has challenged Ohio EPA’s enforcement authority and accused the agency of seeking an “unreasonable and unwarranted” amount in civil penalties.
Earlier this year, Butler wrote to DeWine to seek the Ohio AG’s help in enforcing penalties against Rover after negotiations between the two parties broke down.
Ohio EPA has pointed to the storm water permit as the last remaining outstanding issue.
"We have worked cooperatively with the Ohio EPA for the past six months to resolve this matter in a way that is satisfactory to all parties involved," ETP spokeswoman Alexis Daniel said in an email to NGI’s Shale Daily.
This will not affect our construction timeline.
With HDD work back underway, the project is scheduled to complete another incremental phase of construction by the end of the year.