Board of County Commissioners v. City of Columbus

I concur in the judgment of the court. I write separately to emphasize the importance of recognizing that the Ohio Environmental Protection Agency (“OEPA”) is vested with exclusive jurisdiction to regulate construction of a municipal sewer line within a countywide sewer district.

The General Assembly, in its wisdom, through R.C. Chapter 3745, has established the OEPA. In addition, the legislature, through R.C. Chapter 6111, provides for water pollution control by the OEPA and this includes the right to regulate sewage-disposal systems, such as the treatment plant at the zoo, as well as the…