Patriot’s tiff with ODNR deepens

By Karl Henkel

khenkel@vindy.com

WARREN

The rift between Patriot Water Treatment LLC and state environmental regulators is getting contentious.

An attorney for Patriot, the state’s lone brine-wastewater treatment plant, fired off a letter to the legal counsels of the Ohio Department of Natural Resources and Environmental Protection Agency after the company said ODNR tried to divert business away from Patriot.

“Two customers of Patriot have notified my clients that ODNR employees have stated that ‘Patriot will be shut down by Ohio EPA by the end of January,’” read a letter penned by Atty. April Bott, who represents Patriot.

One company, when reached for comment, declined to comment fearing regulatory retributions.

Rob Nichols, spokesman for Ohio Gov. John Kasich, deferred comment to ODNR and OEPA. Kasich’s office originally did not grant permits to Patriot; that was done under former Gov. Ted Strickland.

Carlo LoParo, communications director at ODNR, said there “was no indication that any communication of that nature occurred,” but added that “over time, Patriot’s process would have a substantial and negative impact on that waterway.”

OEPA has not released data pertaining to Patriot and possible negative water-quality changes. Patriot, which discharges total-dissolved-solids like other businesses, seeks a statewide independent study on the subject.

ODNR and OEPA have tried to shutter Patriot, which cleans low-salt flowback water — by state definition, brine — from drilling operations, and ramp up regulations on the city of Warren.

Tom Angelo, city water pollution control director, says the proposed restrictions on total dissolved solids would be the toughest in Ohio and could force businesses to spend millions on filtration devices.

An existing Warren draft water-quality permit could have expired at the end of business today, but Patriot and Warren both invoked an OEPA adjudicatory hearing process, staving off Patriot’s elimination.

OEPA cannot finalize Warren’s new, more stringent water-quality permit until the hearing process is exhausted.

In Bott’s letter, she also questioned why ODNR and OEPA officials continue to state that discharges into the Mahoning River via Patriot and Warren are “dangerous.”

“Neither ODNR nor Ohio EPA has produced any data to support such a statement,” Bott said. “As you know, my office has made several, comprehensive public-records requests to both of your clients; no data has been produced to demonstrate any ‘danger’ as your agencies are publicly claiming exists.”

Chris Abbruzzese, deputy director of communications for OEPA, said it is “not prudent for anyone at the agency to discuss any details.”

Bott’s letter advised ODNR and OEPA to refrain from interfering with Patriot’s business.

“If such activity continues, Patriot and Warren will be forced to immediately invoke all available legal methods to protect their business interests from damage caused by your clients,” the letter read.