Transue & Williams v. Lindley

R. C. 5709.20(B) defines an “air pollution control facility” as “* * * any property designed, constructed, or installed for the primary purpose of eliminating or reducing the emission of, or ground level concentration of, air contaminants which render air harmful or inimical to the public health or to property within the state.”

Further, R. C. 5709.21 provides for the method of applying for an air pollution control certificate and states that such certificate shall issue “[i]f the commissioner, after obtaining the opinion of the director of environmental protection, finds that the proposed…