Office of Legal Services

Legal Services

Our office provides general counsel to Ohio EPA’s divisions and districts and evaluates, prepares and negotiates administrative enforcement actions. Agency attorneys prepare trade secret claim determinations; prepare and review contracts; assist in the development or review of legislation and rules; and address public records request issues.


Ohio Revised Code 3734.12(G) authorizes Ohio EPA to establish procedures to ensure the protection of trade secret information.

For more information, please see the Requesting the Recognition of Trade Secret Protection fact sheet.

Please note that Ohio EPA does not have the authority to bestow trade secret status on records that do not constitute trade secrets.  Ohio Revised Code 3734.12(G) merely authorizes the Ohio EPA to ensure “only that ‘all information entitled to trade secret protection as trade secrets’ be accorded confidential status”  State ex. rel. Lucas Cty. Bd. of Commrs. v. Ohio Environmental Protection Agency, 88 Ohio St.3d 166, 171, 724 N.E.2d 411 (2000).

Required Documentation

Ohio Administrative Code 3745-49-03 prescribes Ohio EPA’s process of evaluating claims of trade secret protection.  Please note that the burden of establishing entitlement to trade secret protection is upon the party requesting that protection.

There are four documents that you must submit to Ohio EPA.  Each is listed below, with relevant information that the rules require.

  1. UNREDACTED COPY. An unredacted copy (identified as such) of the underlying documents, with each page numbered consecutively from beginning to end;
  2. PUBLIC COPY. A proposed public copy (identified as such) of the underlying documents, with each page numbered consecutively from beginning to end;
  3. STATEMENT. A statement that describes each item of information for which trade secret protection is claimed, and that identifies the location of each item in the underlying documents, which justifies the existence of trade secret protection, and explains:
    1. The nature of the information for which you are seeking protection  (i.e. scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone number);
    2. How the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by other persons who can obtain economic value from its disclosure or use;
    3. The efforts used to maintain its secrecy; and
    4. That the information is not generally known outside of your organization or otherwise discoverable in other public documentation.
  4. ATTESTATION. A sworn or affirmed signature, attesting that the statements made in the submission are true and accurate.
Material/Activity Regulated Division/Program Administrative Code Revised Code Federal Enabling/
Related Statute
Air Pollution DAPC 3745-71 to 80; 3745-14 to 26; 3745-31; 3745-35; 3745-101 to 103 3704 Clean Air Act (CAA)
Cessation of Regulated Operations DMWM 3745-352 3752 N/A
Clean Ohio Fund Clean Ohio Fund Program (DERR) N/A 122.65 - .659 N/A
Community Right-to-Know, Emergency Planning, and Release Reporting Requirements DAPC--State Emergency Response Commission (SERC) 3750-1 to 60 3750 Emergency Planning and Community Right-to-Know (EPCRTK)
Construction Demolition & Debris DMWM 3745-400 3714 N/A
Drinking Water DDAGW 3745-81 to 99; 3745-7 6109 Safe Drinking Water Act (SDWA)
Hazardous Waste DMWM 3745-50 to 69; 3745-218; 3745-248; 3745-270 3734 Resource Conservation & Recovery Act (RCRA); Subtitle C
Injection of Wastes into Wells Underground Injection Control (UIC) Program (DDAGW) 3745-34 6111.043 - .049 SDWA
Ohio EPA (Enabling Statute) All Divisions/Programs (Including Verified Complaint Process, Environmental Education Fund, and Environmental Audits) N/A 3745 N/A
Oil and Gas Separate entity; Department of Natural Resources (DNR) 1501 1509 SDWA
Private Sewer Systems DSW N/A 6112 N/A
Remedial Actions at Unregulated Sites DERR N/A 3734, 3745.12, and 6111 Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
Solid & Infectious Wastes DMWM 3745-27, 28, 29, 30; 3745-37 3734 RCRA Subtitle D (only for municipal solid waste landfills)
Spills of Hazardous Substances, Oil, etc. Emergency Response Section (DERR) N/A 3734, 3745.12, and 6111 CERCLA
Toxic Release Inventory DAPC 3745-100 3751 EPCRTK
Underground Storage Tanks Separate entity: Bureau of Underground Storage Tank Regulation (BUSTR) 1301 3737 RCRA
Universal Wastes DMWM 3745-273 3734 RCRA
Used Oil DMWM 3745-279 3734 RCRA
Voluntary Clean-up Voluntary Action Program (VAP)(DERR) 3745-300 3746 N/A
Water Pollution DSW 3745-1 to 3; 3745-7; 3745-11; 3745-32 to 33; 3745-36; 3745-38; 3745-40; 3745-42 6111, 6117 & 6119 Clean Water Act (CWA)
DAPC — Division of Air Pollution Control
DDAGW — Division of Drinking and Ground Waters
DMWM — Division of Materials and Waste Management
DSW — Division of Surface Water
DERR — Division of Environmental Response and Revitalization

A legal internship with Ohio EPA offers students an opportunity to learn more about a growing area of law and work closely with individuals responsible for enforcing the law. The work is exciting, interesting, and professionally challenging. Additionally, work with Ohio EPA will provide important experience for any future legal positions in the environmental field.

The goal of the program is to involve participating law students in Ohio EPA's multimedia programs. Legal interns work approximately 10 hours per week (up to 40 hours per week during summer programs) in Columbus, Ohio, and have the opportunity to draft enforcement documents and memoranda on environmental issues.

Preference will be given to second- and third-year law students with environmental law, environmental policy, and/or environmental science experience.

These are paid positions. Students participating in the program will have the opportunity to develop skills, learn substantive areas of law and witness first-hand how a large and active government agency operates. Students are assigned projects ranging from legal research to the actual development and preparation of enforcement cases.

Students also have the opportunity to witness negotiation sessions; attend public meetings (where Agency personnel brief and answer questions from the regulated community and concerned citizens about proposed actions of the Director); attend proceedings before the Environmental Review Appeals Commission and Ohio EPA hearing examiners; and attend hearings before the Joint Committee on Agency Rule Review. Students may also have the opportunity to visit regulated facilities and sites where clean ups are being performed.

Law students may intern during either the summer or the academic year. Staff Attorneys volunteer to serve as mentors and help students choose projects, provide constructive feedback on work performed, and coordinate with the student's law school to ensure that requirements for any available academic credit are met. Throughout the internship, the mentor and student will meet to discuss the student's work and any questions or issues that may arise. Students who are interested in the legal intern program can view any current postings for a legal intern position through the Ohio Hiring Management System.

NOTE: postings will be listed as a “College Internship” for the Office of Legal Services. If you have questions or would like more information regarding this program, please contact Ohio EPA’s Legal Office at (614) 644-3037 and ask to speak to an intern coordinator. 

Phone: (614) 644-3037

Fax: (614) 728-1803

Email Webmaster

Physical address:
Ohio EPA - Office of Legal Services
Lazarus Government Center
50 W. Town St., Suite 700
Columbus, Ohio 43215

Mailing address:
Ohio EPA - Legal
Lazarus Government Center
50 W. Town St., Suite 700
P.O. Box 1049
Columbus, Ohio 43216-1049 


Name Area(s) of Practice Phone
Anderson, Todd A. Hazardous Waste (614) 644-3037
Bennett, Colin W. Drinking Water   (614) 644-3037
Bergman, Drew Air Pollution (614) 644-3037
Cooper, Martha Jane Emergency and Remedial Response; Voluntary Action Program; Solid Waste; Infectious Waste; Construction and Demolition Debris (614) 644-3037
Crist, John W. Public Records, Employment Law (614) 644-3037
Feldmann, Stephen R. Air Pollution (614) 644-3037
Fischbein, Ann M. Supervising Attorney, Drinking Water (614) 644-3037
Fischbein, Bill Supervising Attorney, Surface Water Program. (614) 644-3037
Harter, Troy M. Solid Waste; Infectious Waste; Construction and Demolition Debris (614) 644-3037
Horvitz, Martha E. Surface Water (614) 644-3037
Hurdley, Jeffrey H. Solid Waste; Infectious Waste; Construction and Demolition Debris (614) 644-3037
Kroeger, Sue Voluntary Action Program; Emergency and Remedial Response; Contracts (614) 644-3037
Maney, Janine M. Solid Waste; Infectious Waste; Construction and Demolition Debris (614) 644-3037
Miles, Sarah M.
Emergency and Remedial Response
(614) 644-3037
Miller, Elissa B. Hazardous Waste (614) 644-3037
Navarre, Mark J. Emergency and Remedial Response; Voluntary Action Program (614) 644-3037
Nichols, Robin M. Solid Waste; Infectious Waste; Construction and Demolition Debris (614) 644-3037
Rhoads, Kimberly A. Emergency and Remedial Response; Voluntary Action Program (614) 644-3037
Shapiro, Michael A. Surface Water (614) 644-3037
Simcic, Jr., Peter M. Water Pollution (614) 644-3037
Smoktonowicz, Andrea Emergency and Remedial Response; Voluntary Action Program (614) 644-3037
Vanterpool, Donald L. Air Pollution (614) 644-3037
Wilson, W. Samuel Hearing Examiner (614) 644-3037





Office Support/Legal Records
Clements, Zona L. Central Office Public Records Requests, Hearing Clerk (614) 644-3037
Davidson, Miles J. Administrative Assistant (614) 644-3037
Nichol, Kelly A. Legal Secretary (614) 644-3037
Lassiter, Tonya R. Journal Room (Director’s Journal), Records Management Officer (614) 644-3037




Weekly Review and Public Notices

Each week, the Ohio EPA Weekly Review provides a county-by-county listing of public notices in alphabetical order by county. Most of Ohio EPA's public notices are contained in this listing.