Cleveland Trinidad Paving Co. v. Limbach

Cleveland Trinidad’s chief argument is that, by recycling asphalt concrete containing liquid asphalt, it need not purchase as much liquid asphalt and, thus, a like amount of liquid asphalt is available for someone else to use as energy. The commissioner responds that, to be certified, the equipment must convert solid waste into energy and that Cleveland Trinidad’s equipment converts solid waste, instead, into paving material. Since we agree with the commissioner, we affirm the BTA’s decision.

If the commissioner issues a solid waste energy conversion certificate, under R.C. 5709.50 the…