C.F. Water v. Schregardus

In C.F./Water v. Schregardus (Oct. 28, 1999), 10th Dist. No. 98AP-1481, 1999 Ohio App, the Court affirmed an ERAC order reversing the Director's issuance of a PTI for a new solid waste disposal facility. The Director's decision to issue the PTI was based upon a determination that there were no hydraulically active fractures beneath the proposed landfill capable of transmitting groundwater from the landfill to a productive aquifer located beneath the proposed landfill. On appeal, ERAC heard evidence demonstrating that, before issuing the PTI, the Director possessed evidence that hydraulically active fractures existed beneath the proposed landfill site, but did not review this evidence when deciding whether to issue the PTI. Id. Because the Director did not consider all evidence available to him at the time of his decision, and because evidence presented at the de novo hearing before ERAC established that, had the Director considered this information, his decision would have been different, ERAC found the Director's decision to be unreasonable and remanded the case to the Director for further review. The Court affirmed, finding reliable, probative, and substantial evidence to support ERAC's decision. Citing Swan Super Cleaners, we noted that "if the factual basis for a particular decision is found to be invalid or no longer exists, then the action of the Director stemming from that invalid basis may be invalid." Id.