Ohio Attorney General Dave Yost Amended Complaint Against Doug Evans

AFTAB PUREVAL
HAMILTON COUNTY CLERK OF COURTS
COMMON PLEAS DIVISION
ELECTRONICALLY FILED
March 12, 2021 11:10 AM
AFTAB PUREVAL
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1043762
STATE OF OHIO EX REL DAVE A 2100907

YOST
vs.
EVANS LANDSCAPING INC
FILING TYPE: INITIAL FILING (IN COUNTY) WITH NO JURY

DEMAND
PAGES FILED: 20
EFR200
E-FILED 03/12/2021 11:10 AM / CONFIRMATION 1043762 / A 2100907 / COMMON PLEAS DIVISION / IFI
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
STATE OF OHIO, ex rel. : CASE NO. __________________

DAVE YOST :
OHIO ATTORNEY GENERAL :
30 East Broad Street, 25th Floor : JUDGE_____________________
Columbus, Ohio 43215, :
:
Plaintiff, :
: COMPLAINT FOR INJUNCTIVE
v. : RELIEF AND CIVIL PENALTY
:
EVANS LANDSCAPING, INC. :
c/o KMK Service Corp, Statutory Agent :
1 East 4th Street, Suite 1400 :
Cincinnati, Ohio 45202, :
:
and :
:
B E E HOLDINGS LIMITED :
PARTNERSHIP :
c/o Douglas Evans, Statutory Agent :
3700 Round Bottom Road :
:
and :
:
EVANS GRAVEL, INC. :
:
and :
:
DOUGLAS L. EVANS :
7546 Pinehurst Drive :
:
and :
:
8361 BROADWELL ROAD, LLC :
Cincinnati, Ohio 45202
and
:
UNKNOWN AGENT NO. 1 :
:
and :
:
:
and :
:
:
and :
:
:
:
:
and :
:
:
and :
:
:
and :
:
:
:
:
and :
:
UNKNOWN AGENT NO. 10
:
and :
:
Defendants.
______________________________________________________________________________
NATURE OF THE ACTION
Since at least 2014, Evans Landscaping, Inc., B E E Holdings Limited Partnership, Evans
Gravel, Inc., Douglas L. Evans, and 8361 Broadwell Road, LLC, and Unknown Agents Nos. 1-11
(collectively “Defendants”) open dumped solid waste and illegally disposed of construction and
demolition debris (“C&DD”) at three sites in Cincinnati, Ohio. Further, by disposing waste on
sites without the required licenses, Defendants established, operated, and maintained two
unlicensed C&DD and solid waste facilities in Hamilton County. Their actions are violations of
Ohio’s C&DD and solid waste laws.
Defendants have been aware of the majority of these violations for over five years and have
not corrected them. Since 2014, the Hamilton County General Health District (the “Health
District”) conducted over 20 compliance inspections at the Sites, issued 17 notice of violation
letters to Defendants, and met with Defendants on numerous occasions to try to resolve the solid
waste and C&DD violations at their Sites. Yet, Defendants have continued to illegally dispose of
C&DD and solid waste at the three sites.
Therefore, Plaintiff, the State of Ohio (“the State”), on relation of the Ohio Attorney
General Dave Yost, at the written request of the Health District, hereby institutes this action against
Defendants to enforce R. C. Chapters 3714, 3734 and the rules promulgated thereunder.
GENERAL ALLEGATIONS
The Defendants
1. Defendant Evans Landscaping, Inc. (“Evans Landscaping”) is an Ohio corporation
that operates as a landscaping and composting business with its principal place of business at 4229
Round Bottom Road, Cincinnati, Hamilton County, Ohio 45244.
2. Defendant B E E Holdings Limited Partnership (“B E E Holdings”) is a foreign
limited partnership registered in Ohio and formed in Georgia.
3. At all times relevant to this Complaint, B E E Holdings maintained its principal
place of business at 3700 Round Bottom Road, Cincinnati, Hamilton County, Ohio 45244.
4. Defendant Evans Gravel, Inc. (“Evans Gravel”) is an Ohio corporation with its
principal place of business at 3700 Round Bottom Road, Cincinnati, Hamilton County, Ohio
45244.
5. Defendant 8361 Broadwell Road, LLC (“8361 Broadwell”) is an Ohio limited
liability company with its principal place of business at 3700 Round Bottom Road, Cincinnati,
Hamilton County, Ohio 45244.
6. Defendant Douglas L. Evans (“Evans”) is an Ohio resident whose address is 7546
Pinehurst Drive, Cincinnati, Hamilton County, Ohio 45244.
7. Based on information and belief, and at all times relevant to this Complaint,
Defendant Evans is and/or was the owner, operator, agent, authorized representative, shareholder,
board member, officer, and/or President of Defendants Evans Landscaping, BEE Holdings, Evans
Gravel, and 8361 Broadwell.
8. Defendant Evans is personally liable for the violations alleged in Counts One
through Five of this Complaint. Defendant Evans, by virtue of his ownership and positions as
authorized representative of Defendants Evans Landscaping, B E E Holdings, Evans Gravel, and
8361 Broadwell, alone or in conjunction with others, caused, participated in, controlled, and/or
ordered the violations alleged in this Complaint. He knew about or should have known about these
violations and, by himself or in conjunction with others, had the authority to prevent or stop these
violations but failed to exercise his authority to do so.
9. In addition, or in the alternative, Evans is liable for the violations alleged in Counts
One through Five of this Complaint because he exerted such complete control over Defendants
Evans Landscaping, B E E Holdings, Evans Gravel, and 8361 Broadwell, that they had no separate
mind, will, or existence of their own; exercised control in such a manner as to commit fraud, an
illegal act, or similarly unlawful act when he illegally disposed of C&DD, open dumped solid
waste, and established and operated unlicensed C&DD and solid waste facilities at the Mount
Carmel, Round Bottom, and Broadwell Sites; and caused injury or unjust loss to the State of Ohio
from such control or wrong, including but not limited to, environmental harm or threat of
environmental harm.
10. The name and address of each of the Unknown Agent Defendants, Nos. 1 through
11 (collectively the “Unknown Agent Defendants”) are presently unknown. However, upon
information and belief, each of the Unknown Agent Defendants is a “person,” as that term is
defined in R.C. 1.59(C), 3714.01, and 3734.01, and Ohio Adm.Code 3745-400-01(P)(1) and 3745-
27-01(P)(3).
11. The Unknown Agent Defendants, as agents of Defendants Evans Landscaping,
Evans Gravel, B E E Holdings, and/or Evans, illegally deposited, dumped, and/or buried solid
waste or C&DD at the Mount Carmel, Round Bottom, and Broadwell Sites, as alleged in Counts
One Through Five of this Complaint. The Unknown Agent Defendants are personally liable for
the violations alleged in Counts One through Five of this Complaint, because they caused,
participated in, controlled, and/or ordered the violations.
12. Defendants are proper parties to this Complaint. Each Defendant is a “person” as
that term is defined in R.C. 1.59(C), 3714.01, and 3734.01, and Ohio Adm.Code 3745-400-
01(P)(1) and 3745-27-01(P)(3).
Mount Carmel Site
13. Defendant Evans Gravel owns 77.86 acres of property located on Mount Carmel
Road in Cincinnati, Ohio (Parcel No. 500-0081-0032) (“Mount Carmel Site”).
14. At all times relevant to this Complaint, Defendant Evans Gravel operates and/or
operated a clean hard fill operation on the Mount Carmel Site.
15. Defendant Evans Gravel is a “property owner” and/or “owner,” as defined by Ohio
Adm.Code 3745-400-01(P)(2) and 3745-27-01(O)(7), of the Mount Carmel Site.
16. Defendant Evans Landscaping is an “operator,” as defined in Ohio Adm.Code
3745-27-01(O)(5) and 3745-400-01(C)(6), of the Mount Carmel Site.
Broadwell Site
17. Defendant 8361 Broadwell owns property located 8361 Broadwell Road in
Anderson Township, Hamilton County, Ohio (Parcel No. 500-0081-0003) (“Broadwell Site”).
18. Defendant 8361 Broadwell is a “property owner” and/or “owner,” as defined by
Ohio Adm.Code 3745-400-01(P)(2) and 3745-27-01(O)(7), of the Broadwell Site.
19. Based on information and belief, and at all times relevant to this Complaint,
Defendant Evans Landscaping operates and/or operated a clean hard fill operation at the Broadwell
Site.
20. Defendant Evans Landscaping is an “operator,” as the term is defined in Ohio
Adm.Code 3745-27-01(O)(5) and 3745-400-01(C)(6), of the Broadwell Site.
Round Bottom Site
21. Defendant B E E Holdings owns property located at 4229 Round Bottom Road,
Cincinnati, Hamilton County, Ohio 45244 (Parcel No. 500-0170-0016-00) (hereinafter referred to
as “the Round Bottom Site”).
22. Defendant B E E Holdings is a “property owner” and/or “owner,” as defined by
Ohio Adm.Code 3745-400-01(P)(2) and 3745-27-01(O)(7), of the Round Bottom Site.
23. At all times relevant to this Complaint, Defendant Evans Landscaping operates
and/or operated a recycling operation on the Round Bottom Site.
24. Defendant Evans Landscaping is an “operator,” as the term is defined in Ohio
Adm.Code 3745-27-01(O)(5) and (C)(6), of the Round Bottom Site.
25. Defendant Evans is an “operator,” as the term is defined in Ohio Adm.Code 3745-
27-01(O)(5) and Ohio Adm.Code 3745-400-01(C)(6), of Round Bottom Site.
Regulatory Framework
26. Revised Code 3734.01(E) defines “solid wastes” to include “such unwanted
residual solid or semisolid material as results from industrial, commercial, agricultural, and
community operations, excluding earth or material from construction, mining, or demolition
operations, *** and includes, but is not limited to, garbage, scrap tires, combustible and
noncombustible material, street dirt, and debris.”
27. Revised Code 3714.01 defines “construction and demolition debris” as “materials
resulting from the alteration, construction, destruction, rehabilitation, or repair of any physical
structure that is built by humans, including, without limitation, houses, buildings, industrial or
commercial facilities, or roadways.”
28. Ohio Administrative Code 3745-400-01(C)(1) defines “clean hard fill” as
construction and demolition debris which consists only of reinforced or nonreinforced concrete,
asphalt concrete, brick, block, tile, or stone which can be reutilized as construction material.
29. Revised Code 3734.01(F) defines “disposal” as “the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any solid wastes into or on any land or ground
* * *.”
30. Revised Code 3714.13(A) through (C) provides that no person shall violate any
section of R.C. Chapter 3714, any rule adopted under it, or any order issued under it.
31. Revised Code 3734.11(A) provides that no person shall violate any section of R.C.
Chapter 3734, any rule adopted under it, or any order issued under it.
32. Revised Code 3714.11, 3734.10, and 3734.13 provide that the Attorney General,
upon request of the respective board of health or the health district shall bring an action for
injunctive relief and civil penalties of up to $10,000 per day per violation against any person who
has violated or is violating any section of R.C. Chapter 3714 and 3734 or the applicable rules
adopted thereunder.
33. The Health District is a “board of health” as that term is defined in R.C. 3714.01
and 3734.01(A).
Jurisdiction
34. This matter was referred to the Attorney General for enforcement upon written
request of the Health District, pursuant to R.C. 3714.11 and 3734.10.
35. This Court has jurisdiction over the subject matter of this action, personal
jurisdiction over Defendants, and authority to grant the relief requested pursuant to R.C. 3734.10
and 3714.11.
36. All rules referenced in this Complaint are lawfully adopted pursuant to R.C.
Chapters 3714 and 3734.
37. Defendants’ activities that gave rise to this Complaint were conducted in Hamilton
County. Pursuant to Civ.R. 3(C), venue is proper in this Court.
38. Pursuant to Rule 8(A) of the Rules of Civil Procedure, Plaintiff states that this
Complaint seeks civil penalties in excess of twenty-five thousand dollars ($25,000.00).
39. The general allegations set forth above are hereby incorporated into each and every
Count of this Complaint as if fully restated therein.
COUNT ONE
ILLEGAL DISPOSAL OF CONSTRUCTION AND DEMOLITION DEBRIS ON THE
SITES
40. Ohio Administrative Code 3745-400-04(B) states that “no person shall conduct or
allow illegal disposal of construction and demolition debris.”
41. Ohio Administrative Code 3745-400-01(D)(3) defines “disposal” to mean the
discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any C&DD into
or on any land or ground or surface water or into the air, except if the disposition or placement
constitutes storage, reuse, or recycling in a beneficial manner.
42. Ohio Administrative Code 3745-400-01(I)(1) defines “illegal disposal” to mean the
disposal of construction and demolition debris at any place other than a C&DD facility operated
in accordance with R.C. Chapter 3714 and Ohio Adm.Code Chapters 3745-400 and 3745-37.
43. The Round Bottom Site, Mt. Carmel Site, and Broadwell Site are not, and at all
times relevant to this Complaint have never been, licensed C&DD facilities operated in accordance
with R.C. Chapter 3714.
44. During inspections on April 14, 2014, January 29, 2015, September 1, 2020, and
February 5, 2021 inspectors from the Health District observed C&DD illegally deposited, dumped,
and/or partially buried at the Round Bottom Site.
45. Presently, C&DD is still illegally deposited, dumped, and/or partially buried into
the ground at the Round Bottom Site.
46. Beginning on a date unknown to Plaintiff, but prior to April 14, 2014 and
continuing through the present, Defendants Evans Landscaping, B E E Holdings, Evans, and upon
information and belief, Defendant Unknown Agent No. 1 illegally disposed and/or allowed the
illegal disposal of C&DD at the Round Bottom Site.
47. During inspections on May 6, 2014, June 26, 2014, July 2, 2014, June 8, 2020, June
15, 2020, September 1, 2020, and February 5, 2021 inspectors from the Health District observed
C&DD illegally dumped, deposited, and/or partially buried in/with the clean hard fill at the Mount
Carmel Site.
48. Presently, C&DD is still illegally deposited, dumped, and/or partially buried at the
Mt. Carmel Site.
49. Beginning on a date unknown to Plaintiff, but prior to May 6, 2014, on other dates
not yet known to Plaintiff; and continuing through the present, Defendants Evans Landscaping,
Evans Gravel, Evans, and upon information and belief, Defendant Unknown Agent No. 2 illegally
disposed and/or allowed the illegal disposal of C&DD at the Mt. Carmel Site.
50. During inspections on December 7, 2020, and February 5, 2021 inspectors from the
Health District observed other C&DD, in the form of recovered screen material, illegally dumped,
deposited, and/or partially buried with the clean hard fill at the Broadwell Site.
10
51. Presently, the C&DD is still illegally deposited, dumped, and/or partially buried at
the Broadwell Site.
52. Beginning on a date unknown to Plaintiff, but prior to December 7, 2020, and
continuing through the present, Defendants Evans Landscaping, 8361 Broadwell, Evans, and upon
information and belief, Defendant Unknown Agent No. 3 illegally disposed of and/or allowed the
illegal disposal of C&DD at the Broadwell Site.
53. The conduct described in this Count constitutes violations of R.C. 3714.13(A) and
(B) and Ohio Adm.Code 3745-400-04(B), for which Defendants are subject to injunctive relief
pursuant to R.C. 3714.11 and 3714.13(C) and for which Defendants are jointly and severally liable
for a civil penalty of up to ten thousand dollars ($10,000) per day for each violation for the last
five years pursuant to R.C. 3714.11, as well as each day of violation after the filing of this
Complaint.
COUNT TWO
ILLEGAL DISPOSAL OF CONSTRUCTION AND DEMOLITION DEBRIS OFF OF
THE SITES
54. Ohio Administrative Code 3745-400-04(B) states that “no person shall conduct or
allow illegal disposal of construction and demolition debris.”
55. Ohio Administrative Code 3745-400-01(I)(1) defines “illegal disposal” to mean the
disposal of construction and demolition debris at any place other than a C&DD facility operated
in accordance with R.C. Chapter 3714 and Ohio Adm.Code Chapters 3745-400 and 3745-37.
56. Prior to March 7, 2020, large quantities of C&DD, in the form of recovered screen
material, were piled on the ground at the Round Bottom Site.
11
57. Using comparison aerial photographs, the Health District observed that large
quantities of C&DD, in the form of recovered screen material, were removed from the Round
Bottom Site between March 7, 2020 and August 9, 2020.
58. The Health District requested all applicable receipts from Defendants for any
C&DD that was lawfully disposed from the Round Bottom Site. The receipts provided by
Defendants were insufficient to account for the missing C&DD in the form of recovered screen
material.
59. Beginning on a date unknown to Plaintiff, but prior to March 7, 2020, and
continuing through the present, Defendants Evans Landscaping, Evans, and upon information and
belief, Defendant Unknown Agent No. 4 illegally disposed of C&DD that had been on the Round
Bottom Site.
60. The conduct described in this Count constitutes violations of R.C. 3714.13(A) and
(B) and Ohio Adm.Code 3745-400-04(B), for which Defendants are subject to injunctive relief
for a civil penalty of up to ten thousand dollars ($10,000) per day for each violation pursuant to
R.C. 3714.11, as well as each day of violation after the filing of this Complaint.
COUNT THREE
ESTABLISHING, OPERATING, AND MAINTAINING
UNLICENSED C&DD FACILITIES
61. Revised Code 3714.06(A)(1)(a) states in pertinent part, that no person shall operate
or maintain a C&DD facility without an annual C&DD facility operation license issued by the
board of health of the health district in which the facility is located.
12
62. Ohio Adm.Code 3745-400-01(C)(3) defines “construction and demolition debris
facility” or “facility” to mean any site, location, tract of land, installation, or building used for the
disposal of construction and demolition debris.
63. The Round Bottom, Mount Carmel, and Broadwell Sites are not, and at all times
relevant to this Complaint have never been, licensed C&DD facilities operated in accordance with
R.C. 3714 or Ohio Adm.Code Chapter 3745-37.
64. During inspections April 14, 2014, September 1, 2020, and February 5, 2021
inspectors from the Health District observed C&DD deposited, dumped, and/or partially buried
into the ground at the Round Bottom Site.
65. Beginning on a date unknown to Plaintiff, but at least by April 14, 2014 and
information and belief, Defendant Unknown Agent No. 5, established, operated, and/or maintained
an unlicensed C&DD facility on Round Bottom Site.
66. During inspections on May 6, 2014, June 26, 2014, July 2, 2014, June 8, 2020, June
15, 2020, September 1, 2020, and February 5, 2021, inspectors from the Health District observed
C&DD dumped, deposited, and/or partially buried at the Mount Carmel Site.
67. Beginning on a date unknown to Plaintiff, but at least by May 6, 2014 and
continuing through the present, Defendants Evans Landscaping, Evans Gravel, Evans, and upon
information and belief, Defendant Unknown Agent No. 6 established, operated, and/or maintained
an unlicensed C&DD facility on the Mount Carmel Site.
68. During inspections on December 7, 2020 and February 5, 2021 inspectors from the
Health District observed C&DD, in the form of recovered screened material, dumped, deposited,
and/or partially buried at the Broadwell Site.
13
69. Beginning on a date unknown to Plaintiff, but prior to December 7, 2020, and
continuing through the present, Defendants Evans Landscaping, Evans, 8361 Broadwell, and upon
information and belief, Defendant Unknown Agent No. 7 established, operated, and/or maintained
an unlicensed C&DD facility at the Broadwell Site.
70. The conduct described in this Count constitutes violations of R.C. 3714.06(A), R.C.
3714.13(A) and (B), and Ohio Adm.Code 3745-37-01(C), for which Defendants are subject to
injunctive relief pursuant to R.C. 3714.11 and 3714.13(C) and for which Defendants are jointly
and severally liable for a civil penalty of up to ten thousand dollars ($10,000) per day for each
violation for the last five years pursuant to R.C. 3714.11, as well as each day of violation after the
filing of this Complaint.
COUNT FOUR
OPEN DUMPING OF SOLID WASTE
71. Revised Code 3734.03 provides that no person shall dispose of solid wastes by open
dumping.
72. Open dumping includes the depositing of solid wastes onto the surface of the
ground at a site that is not licensed as a solid waste facility under R.C. 3734.05 or the depositing
of solid wastes that consist of scrap tires onto the surface of the ground. R.C. 3734.01(I).
73. Ohio Adm.Code 3745-27-05(C), adopted pursuant to R.C. 3734.02, states, in
relevant part, “[n]o person shall conduct, permit, or allow open dumping. In the event that open
dumping is occurring or has occurred at a property, the person(s) responsible for the open dumping,
the owner of the property, or the person(s) who allow or allowed open dumping to occur, shall
promptly remove and dispose or otherwise manage the solid waste in accordance with Chapter
14
3734 of the Revised Code, and shall submit verification that the solid waste has been properly
managed.”
74. During inspections on April 14, 2014, September 1, 2020, and February 5, 2021,
inspectors from the Health District observed solid waste, including scrap tires, open dumped at the
Round Bottom Site.
75. Solid waste is presently open dumped Round Bottom Site.
76. Beginning on a date unknown to Plaintiff, but at least by April 14, 2014, and
information and belief, Defendant Unknown Agent No. 8 conducted, permitted, and/or allowed
open dumping of solid wastes at the Round Bottom Site.
77. On February 24, 2017, June 8, 2020, June 15, 2020, and September 1, 2020, and
February 5, 2021, inspectors from the Health District observed solid waste open dumped at the
Mt. Carmel Site.
78. Solid waste is presently on the ground at the Mt. Carmel Site.
79. Beginning on a date unknown to Plaintiff, but at least by and continuing through
the present, Defendants Evans Landscaping, Evans Gravel, Evans, and upon information and
belief, Defendant Unknown Agent No. 9 conducted, permitted, and/or allowed open dumping of
solid wastes at the Mt. Carmel Site.
80. The conduct described in this Count constitutes violations of R.C. 3734.03, R.C.
3734.11, and Ohio Adm.Code 3745-27-05(C), for which Defendants are subject to injunctive relief
for a civil penalty of up to ten thousand dollars ($10,000) per day for each violation for the last
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five years, pursuant to R.C. 3734.13, as well as each day of violation after the filing of this
Complaint.
COUNT FIVE
OPERATING AN UNLICENSED SOLID WASTE FACILITY
81. Revised Code 3734.05(A)(1) states, in relevant part, that “no person shall operate
or maintain a solid waste facility without a license issued under this division by the board of health
of the health district in which the facility is located or by the director of environmental protection
when the health district in which the facility is located is not on the approved list.”
82. Revised Code 3734.01(N) defines “facility” in relevant part as “any site, location,
tract of land, installation, or building used for incineration, composting, sanitary landfilling, or
other methods of disposal of solid wastes.”
83. Defendants do not, and have never held, a license to operate a solid waste facility
in accordance with R.C. Chapter 3734 for either the Round Bottom or the Mt. Carmel Sites.
84. On April 14, 2014, September 1, 2020, and February 5, 2021, inspectors from the
Health District observed solid waste, including scrap tires, dumped at the Round Bottom Site.
85. Solid waste remains dumped at the Round Bottom Site.
86. Beginning on a date yet unknown to Plaintiff, but sometime prior to April 14, 2014,
and continuing through the present, Defendants Evans Landscaping, and Evans Gravel, B E E
Holdings, Evans, and upon information and belief, Defendant Unknown Agent No. 10, operated
and/or maintained a solid waste facility without a license at the Round Bottom Site.
87. On February 24, 2017, June 8, 2020, June 15, 2020, September 1, 2020, and
February 5, 2021, inspectors from the Health District observed solid waste on the ground at the
Mt. Carmel Road Fill Site.
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88. Solid waste remains open dumped at the Mt. Carmel Site.
89. Beginning on a date yet unknown to Plaintiff, but sometime prior to April 14, 2014,
and continuing through the present, Defendants Evans Landscaping, Evans Gravel, Evans, and
upon information and belief, Defendant Unknown Agent No. 11 operated and/or maintained a
solid waste facility without a license at the Mt. Carmel Road Fill Site.
90. The conduct described in this Count constitutes violations of R.C. 3734.05(A)(1)
and 3734.11 for which Defendants, are subject to injunctive relief pursuant to R.C. 3734.10 and
3734.13(C) and for which Defendants are jointly and severally liable for a civil penalty of up to
ten thousand dollars ($10,000) per day for each violation for the last five years, pursuant to R.C.
3734.13, as well as each day of violation after the filing of this Complaint.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:
A. Permanently order and enjoin Defendants from violating R.C. Chapters 3714, 3734,
and the rules adopted thereunder;
B. Permanently order and enjoin Defendants to immediately cease accepting C&DD
at the Round Bottom Site, Mount Carmel Site, and Broadwell Site;
C. Permanently order and enjoin Defendants to immediately cease accepting solid
waste at the Round Bottom Site and Mount Carmel Site;
D. Permanently order and enjoin Defendants to immediately remove all C&DD from
the Round Bottom Site, Mount Carmel Site, and Broadwell Site, and lawfully dispose of all the
C&DD at a licensed solid waste or C&DD disposal facility;
17
E. Permanently order and enjoin Defendants to immediately remove all solid waste
from the Round Bottom Site and Mount Carmel Site, and lawfully dispose of all the solid waste at
a licensed solid waste disposal facility;
F. Permanently order and enjoin Defendants and their agents, representatives,
employees, successors, or assigns, under the names that they presently use or any other names they
use through any corporate or other device, and those acting in concert and in participation with
Defendants directly or indirectly, from engaging in the acts or practices of which Plaintiff
complains;
G. Order Defendants to allow the Health District and/or Ohio EPA, their contractors,
employees, agents, representatives, assigns full access to the Round Bottom Site, Mount Carmel
Site, and Broadwell Site, with or without any further or prior notice for the purpose of inspecting
Defendants’ compliance with R.C. Chapters 3714 and 3734, the rules adopted thereunder, and any
Order issued by this Court in this lawsuit;
H. Order Defendants, pursuant to R.C. 3714.11(B) and 3734.13(C) to pay civil
penalties for the violations set forth in the amount ten thousand dollars ($10,000.00) per day for
each day of each violation for the last five years, and each day of each violation occurring after
the filing of the Complaint;
I. Order Defendants to pay all costs and fees for this action, including any attorney
fees incurred by the Office of the Ohio Attorney General and any extraordinary enforcement costs
incurred by the State of Ohio and/or by the Hamilton County General Health District;
J. Retain jurisdiction of this suit for the purpose of making any order or decree the
Court may deem necessary at any time to carry out its judgment; and
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K. Grant any other relief this Court deems to be just, equitable, and appropriate in this
case.
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Respectfully submitted,
DAVE YOST
OHIO ATTORNEY GENERAL
______________________________
ALLEN VENDER (0087040)
PEARL CHIN (0078810)
EMILY HUDSON (0100324)
Assistant Attorneys General
Environmental Enforcement Section
30 East Broad Street, 25th Floor
Columbus, Ohio 43215
Telephone: (614) 466-2766
Facsimile: (614) 644-1926
Allen.Vender@OhioAttorneyGeneral.gov
Pearl.Chin@OhioAttorneyGeneral.gov
Emily.Hudson@OhioAttorneyGeneral.gov
Attorney for Plaintiff, the State of Ohio
20

Ohio Attorney General Dave Yost Amended Complaint Against Doug Evans

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Ohio Attorney General Dave Yost Amended Complaint Against Doug Evans

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AFTAB PUREVAL

HAMILTON COUNTY CLERK OF COURTS

COMMON PLEAS DIVISION

STATE OF OHIO EX REL DAVE A 2100907

FILING TYPE: INITIAL FILING (IN COUNTY) WITH NO JURY

STATE OF OHIO, ex rel. : CASE NO. __________________

NATURE OF THE ACTION

Ohio’s C&DD and solid waste laws.

C&DD and solid waste at the three sites.

1. Defendant Evans Landscaping, Inc. (“Evans Landscaping”) is an Ohio corporation

Round Bottom Road, Cincinnati, Hamilton County, Ohio 45244.

limited partnership registered in Ohio and formed in Georgia.

3. At all times relevant to this Complaint, B E E Holdings maintained its principal

5. Defendant 8361 Broadwell Road, LLC (“8361 Broadwell”) is an Ohio limited

Hamilton County, Ohio 45244.

6. Defendant Douglas L. Evans (“Evans”) is an Ohio resident whose address is 7546

Pinehurst Drive, Cincinnati, Hamilton County, Ohio 45244.

Gravel, and 8361 Broadwell.

authorized representative of Defendants Evans Landscaping, B E E Holdings, Evans Gravel, and

violations but failed to exercise his authority to do so.

11. The Unknown Agent Defendants, as agents of Defendants Evans Landscaping,

participated in, controlled, and/or ordered the violations.

01(P)(1) and 3745-27-01(P)(3).

Road in Cincinnati, Ohio (Parcel No. 500-0081-0032) (“Mount Carmel Site”).

operated a clean hard fill operation on the Mount Carmel Site.

Adm.Code 3745-400-01(P)(2) and 3745-27-01(O)(7), of the Mount Carmel Site.

16. Defendant Evans Landscaping is an “operator,” as defined in Ohio Adm.Code

3745-27-01(O)(5) and 3745-400-01(C)(6), of the Mount Carmel Site.

18. Defendant 8361 Broadwell is a “property owner” and/or “owner,” as defined by

Ohio Adm.Code 3745-400-01(P)(2) and 3745-27-01(O)(7), of the Broadwell Site.

20. Defendant Evans Landscaping is an “operator,” as the term is defined in Ohio

Adm.Code 3745-27-01(O)(5) and 3745-400-01(C)(6), of the Broadwell Site.

Round Bottom Site

as “the Round Bottom Site”).

Ohio Adm.Code 3745-400-01(P)(2) and 3745-27-01(O)(7), of the Round Bottom Site.

and/or operated a recycling operation on the Round Bottom Site.

24. Defendant Evans Landscaping is an “operator,” as the term is defined in Ohio

Adm.Code 3745-27-01(O)(5) and (C)(6), of the Round Bottom Site.

27-01(O)(5) and Ohio Adm.Code 3745-400-01(C)(6), of Round Bottom Site.

community operations, excluding earth or material from construction, mining, or demolition

noncombustible material, street dirt, and debris.”

commercial facilities, or roadways.”

28. Ohio Administrative Code 3745-400-01(C)(1) defines “clean hard fill” as

request of the Health District, pursuant to R.C. 3714.11 and 3734.10.

Chapters 3714 and 3734.

County. Pursuant to Civ.R. 3(C), venue is proper in this Court.

Complaint seeks civil penalties in excess of twenty-five thousand dollars ($25,000.00).

Count of this Complaint as if fully restated therein.

allow illegal disposal of construction and demolition debris.”

41. Ohio Administrative Code 3745-400-01(D)(3) defines “disposal” to mean the

constitutes storage, reuse, or recycling in a beneficial manner.

with R.C. Chapter 3714.

and/or partially buried at the Round Bottom Site.

the ground at the Round Bottom Site.

illegal disposal of C&DD at the Round Bottom Site.

Mt. Carmel Site.

the Broadwell Site.

illegal disposal of C&DD at the Broadwell Site.

allow illegal disposal of construction and demolition debris.”

material, were piled on the ground at the Round Bottom Site.

Bottom Site between March 7, 2020 and August 9, 2020.

board of health of the health district in which the facility is located.

disposal of construction and demolition debris.