Opinion
No. 78-422
Decided December 7, 1978.
Environmental protection — Investigation of complaints — Jurisdiction of Environmental Protection Agency, exclusive.
APPEAL from the Court of Appeals for Franklin County.
Appellee, Warren Molded Plastics, Inc., is an Ohio Corporation which operates a plant in Salem, Ohio. In January and February of 1976, several residents of the area filed verified complaints with the Ohio Environmental Protection Agency complaining of odors emanating from the plant.
The Director of the agency investigated the complaints pursuant to R.C. 3745.08 and concluded there was probable cause to believe that a violation of Regulation EP-10-07, now Rule 3745-15-07, Ohio Adm. Code, and R.C. 3704.05 "has occurred in the past or will occur in the future." Based on that finding, the Director ordered a hearing to be conducted to determine what orders, if any, were necessary to correct the violations.
On May 12, 1976, before any hearing took place, appellee filed an action in the Court of Common Pleas of Franklin County seeking a declaratory judgment that the regulation was invalid on constitutional grounds. On May 26, 1976, the trial court enjoined the Environmental Protection Agency from any further proceedings pending a determination of the suit. On August 9, 1977, the court dismissed the complaint holding that it lacked subject-matter jurisdiction.
The Court of Appeals reversed on January 31, 1978.
This cause is now before this court pursuant to the allowance of a motion to certify the record.
Messrs. Lane, Alton Horst, Mr. John W. Edwards, Messrs. Fitch Kendall and Mr. Alfred L. Fitch, for appellee.
Mr. William J. Brown, attorney general, Mr. Robert E. Olwell and Mr. E. Dennis Muchnicki, for appellant.
The essence of the appellant's argument is that the trial court was correct in holding that it lacked subject-matter jurisdiction, in this instance, because of the exclusive jurisdiction of the tribunals contained in the statutory scheme of R.C. Chapter 3745. While this cause was pending before this court, the Director ruled that appellee was not in violation of Rule 3745-15-07, Ohio Adm. Code. The effect of that decision has made the current appeal moot as far as this appellant is concerned.
On August 24, 1978, in case No. 76-AC-112, the Director adopted the findings of fact and conclusions of law of a hearing examiner concluding that appellee was not in violation of the regulation.
However, because of the public interest involved and the obvious conflict between the decision of the Court of Appeals and this court's holding in State, ex rel. Williams, v. Bozarth (1978), 55 Ohio St.2d 34, a reversal is mandated.
The factual circumstances surrounding the current appeal and those present in Bozarth, supra, are virtually identical. In that case, the Hays-Albion Corporation filed an action in the Court of Common Pleas against the Director seeking declaratory and injunctive relief regarding the application of two regulations to its facilities. The Director subsequently filed an action to prohibit the trial judge from proceeding in the cause.
In Bozarth it was argued that R.C. Chapter 3745 did not oust a common pleas court of its jurisdiction in a declaratory judgment concerning the validity of the Director's regulations. Disposing of that argument, this court held, at page 36, that the "exclusivity" of the "statutory process" outlined in R.C. 3745.04 and 3745.06 provided the company with "adequate access to judicial review" and therefore "[d]ue process and equal protection are afforded the applicant under this scheme."
In view of that holding, the judgment of the Court of Appeals must be reversed.
Judgment reversed.
LEACH, C.J., CELEBREZZE, W. BROWN, POTTER, SWEENEY and LOCHER, JJ., concur.
HERBERT, J., concurs in the judgment.
POTTER, J., of the Sixth Appellate District, sitting for P. BROWN J.