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STATE EX REL. CELEBREZZE v. NATL. LIME & STONE CO.

No. 92-989.

68 Ohio St.3d 377 (1994)

THE STATE EX REL. CELEBREZZE, ATTY. GEN., APPELLEE, v. NATIONAL LIME & STONE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided March 2, 1994.

Attorney(s) appearing for the Case

Lee Fisher, Attorney General, David G. Cox and Timothy Kern, Assistant Attorneys General, for appellee.

Marshall & Melhorn, Thomas W. Palmer, Donald F. Melhorn, Jr. and Amy M. Natyshak, for appellant.

Vorys, Sater, Seymour & Pease, John W. Hoberg and Theodore A. Boggs, urging reversal for amici curiae, Ohio Aggregates Association, Ohio Chamber of Commerce and Ohio Manufacturers' Association.

Frost & Jacobs, Paul W. Casper, Jr. and K. Denise Grant, urging reversal for amicus curiae, Greater Cincinnati Chamber of Commerce.

DOUGLAS, J.

The issue in this case is whether National acted contrary to law in replacing its West Raymond mill with a like-kind mill without obtaining a PTI from the OEPA. Resolution of this issue hinges on an interpretation of certain administrative rules promulgated by the Director of OEPA.

Former R.C. 3704.03(F)1 authorized the Director of OEPA to "[a]dopt, modify, and repeal rules consistent with the purposes of this chapter...

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