State v. Air Clean Damper Co.

This is an appeal by plaintiff-appellant, state of Ohio, from a decision of the Clermont County Court of Common Pleas suspending a portion of the fine imposed upon defendant-appellee, Air Clean Damper Company, Inc., for a violation of the solid waste disposal provisions of the Ohio Revised Code.

On June 1, 1987, the Clermont County Grand Jury returned a two-count indictment against appellee. Count one charged appellee with illegal disposal of hazardous waste pursuant to R.C. 3734.02(F), 3734.11, 3734.99 and 2901.23. Count two charged appellee with illegal failure to evaluate waste as required…