Ohio Environmental Protection Agency v. Lowry, No. 12AP-982, 2013 Ohio App. LEXIS 2823 ( Ohio Ct. App. Jun. 28, 2013)

(250-gallon fuel tank rusted through and spilled fuel oil  with visible sheen apparent on waterway; property owner advised by plaintiff to hire contractor to clean up spill or plaintiff would undertake cleanup by hiring cleanup done with bill to property owner (defendant); property owner took no action and plaintiff hired third party to perform cleanup with bill to defendant of over $15,000; defendant challenged bill on basis that petroleum spills not billable cleanup costs under CERCLA and same result should apply under state (OH) law;  trial court ruled for plaintiff; on appeal, court affirmed; federal law not controlling on what is a hazardous substance under state law requiring emergency action; state law focus is on when emergency action required for cleanup and not on definition of types of hazardous waste that are billable; note – by September 26, 2013, all farms must have Oil Spill Prevention, Control, and Countermeasure Plans adopted in accordance with EPA regulations). 

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