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State v. Chem Dyne, Inc.

Citation: 10 ELR 20387
No. No. CV 76-09-0834, (Ohio C.P., 02/01/1980)

The court rules that a receiver shall be appointed to supervise the payment of a civil fine and the removal of thousands of drums of hazardous waste from defendants' property. After chemicals had leaked from defendants' waste storage facility into nearby waters, resulting in substantial losses of fish and wildlife, defendants and the state entered into a court-approved stipulation providing for the payment of a fine and the progressive removal of all hazardous waste from the site. After a hearing the court concludes that defendants have failed to comply with the stipulation. Noting that defendants' waste processing company is to be distinguished from most enterprises in that its operations conceivably affect the natural environment of the entire region, the court concludes that the appointment of a receiver is necessary to supervise defendants' compliance with the terms of the stipulation.

Counsel for Plaintiffs
Dennis Muchnicki, Ass't Attorney General
30 E. Broad St., Columbus OH 43215
(614) 466-3376

Lester W. Koehler
Dollar Bldg., Hamilton OH 45011
(513) 893-5871

Counsel for Defendants
R. T. Rogers
Holbrock, Jonson, Bressler & Houser
315 S. Monument Ave., Hamilton OH 45011
(513) 868-7600

Louis F. Gilligan
Keating, Muething & Klekamp
Provident Tower, One E. 4th St., Cincinnati OH 45202
(513) 381-11560