The Appeal Process
How to File an Appeal
- Intervening in an Existing Appeal
Rules Governing ERAC
Frequently Asked Questions
Customer Service Standards
The Ohio Environmental Review Appeals Commission has exclusive original jurisdiction over any matter that may be brought before it from final actions of:
- The Director of the Ohio Environmental Protection Agency; or
- The Director of the Ohio Department of Agriculture; or
- The State Fire Marshal’s Office; or
- The State Emergency Response Commission; or
- County and local boards of health.
Any person who was a party to a proceeding before any of the above-listed entities may participate in an appeal to the Commission by filing a Notice of Appeal within thirty (30) days of notice of the final action. In addition, if the Director of the Ohio Environmental Protection Agency issues, denies, modifies, revokes, or renews a permit, license, or variance without issuing a proposed action, any person who would be aggrieved or adversely affected by the action may file an appeal with the Commission within thirty (30) days of the issuance, denial, modification, revocation, or renewal.
Notice of the filing of the appeal shall be filed with the Appellee within three days (3) after the appeal is filed with the Commission. A person appealing to the Commission shall be known as Appellant. The party supporting the finding from which the appeal is taken shall be known as Appellee. (SEE: ORC 3745.04 and ORC 3745.07; OAC 3746-5-01, OAC 3746-5-02, OAC 3746-5-03, and OAC 3746-5-04).
The original appeal shall be accompanied by a filing fee of $70. The Commission may waive the fee if the Appellant demonstrates that payment of the full amount of the fee would cause extreme hardship.
Sample notice of appeal: [Word 37.5K] [PDF 241K]
The Director of the Ohio Environmental Protection Agency retains jurisdiction to modify, amend, revise, renew, or revoke any permit, rule, order, or other action that has been appealed to the Commission. The modification, amendment, revision, renewal, or revocation is subject to applicable public participation and public notice requirements and is subject to an appeal as applicable.
Not later than thirty (30) days after the issuance of the modification, amendment, revision, renewal, or revocation, the Director shall file with the Commission and serve on each party to the existing appeal a statement regarding the action taken. A party to the existing appeal is deemed to have appealed the modification, amendment, revision, renewal, or revocation upon filing with the Commission and serving on all parties an objection to the action.
The objection shall be filed with the Commission not later than thirty (30) days after the Director files the statement with the Commission regarding the modification, amendment, revision, renewal, or revocation. The objection shall state any new grounds of appeal resulting from the modification, amendment, revision, renewal, or revocation. The Commission does not charge a fee for the filing of such an objection.
For information on intervening in an existing appeal, please see our How to Intervene in an Existing Appeal page.
This website is offered for informational purposes only. It is not intended to be nor should it be interpreted as legal advice.
Employees of the Environmental Review Appeals Commission are prohibited from providing you legal advice of any kind.