ELR Citation: ELR 20162
No(s). 79-950 (Ohio Ct. C.P. Montgomery Cty. Sep 5, 1984)

The court imposes a civil penalty of $800,000 for admitted violations of defendant's national pollutant discharge elimination system permit. The court notes that defendant admits to at least 328 violations of its permit and calculates a civil penalty based on the economic benefit of delayed compliance, harm inflicted on the environment, the extent to which defendant was recalcitrant, and the deterrent effect of the penalty.

Counsel for Plaintiff
E. Dennis Muchnicki, Ass't Attorney General
Environmental Law Section
30 E. Broad St., Columbus OH 43215
(614) 466-3376

Counsel for Defendant
Horace Baggott Jr.
Baggott Law Offices Co.
325 Hulman Bldg., Dayton OH 45402
(513) 222-6956