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STATE, EX REL. BROWN v. MALLEABLE, INC.

No. 81-1134.

1 Ohio St. 3d 151 (1982)

THE STATE, EX REL. BROWN, ATTY. GEN., APPELLANT AND APPELLEE v. DAYTON MALLEABLE, INC., APPELLEE AND APPELLANT.

Supreme Court of Ohio.

Decided August 4, 1982.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Ms. Martha E. Horvitz andMr. E. Dennis Muchnicki, for appellant and appellee.

Messrs. Bricker & Eckler, Mr. Gerald L. Draper, Mr. Marshall L. Lerner and Mr. Richard T. Taps, for appellee and appellant.

LOCHER, J.

Each party raises a distinct issue. The state argues that the Court of Appeals erred by holding that the schedule of compliance is not an enforceable term or condition of the NPDES permit. DMI contends that the trial court erred by admitting evidence pertaining to DMI's financial condition. We agree with the state that a schedule of compliance is an enforceable term or condition of an NPDES permit. Otherwise, we affirm the Court of Appeals.

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