State v. Richmond

An affidavit was filed by the Attorney General of Ohio alleging the defendant had violated the air pollution control regulation AP-3-08, contrary to E. C. 3704.05 (G). The defendant has filed a motion to quash the affidavit.

Regulation AP-3-08 provides:

“(A) No person shall cause or allow open burning, except as provided in Section (B) and (D) of this regulation. ’ ’

E. C. 3704.05 (G) provides:

“(G) No person shall violate Chapter 3704. of the Revised Code, or any order, regulation, or determination of the Director thereunder.”

*56In November 1967, an act became effective establishing an Air…