According to the original complaint, the state says Tom’s Mulch and Landscaping has “endangered the environment by illegally discharging pollutants into an unnamed tributary of Sugar Creek, into Sugar Creek, and into an unnamed wetland,” without a permit.
Yost’s office further accused the company of conducting their composting operations along Sugar Creek instead of “within the approved materials placement area,” in violation of Ohio’s water pollution laws.
According to the lawsuit, owners Judd and Laura Powell had been notified by the Ohio Environmental Protection Agency multiple times that the company was operating without a National Pollutant Discharge Elimination System Permit.
The owners of Tom’s Mulch did not respond to a request for comment.
Credit: JIM NOELKER
Credit: JIM NOELKER
The consent order, filed July 14, says the company must move the compost to the approved composting area, and submit a “complete and approvable” response to the Ohio EPA regarding the Stormwater Pollution Prevention Plan, which is a document that must be submitted to the state that limits water pollution. The business also must apply for a National Pollutant Discharge Elimination System Permit, and would face additional fines if the requirements are not met.
The Powells are also required to pay a $25,000 civil penalty.
The Ohio EPA inspected the facility in March 2019 and found contaminated stormwater discharge in Sugar Creek, approximately 1.3 miles from the confluence of the Little Miami River, which is considered a “water of the state,” per the lawsuit.
The business was sent a notice of violation that May that ordered the company to apply for a National Pollutant Discharge Elimination System permit, and said they must move the mulch and compost away from Sugar Creek.
The Powells signed orders in 2021 requiring them to apply for a permit and take several other corrective actions, but a 2022 inspection by the Ohio EPA showed no action had been taken.
Credit: JIM NOELKER
Credit: JIM NOELKER
About the Author
