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STATE, AIR & W. POL. CON. COM'N v. ST. REGIS PAPER CO.

No. 40178.

257 So.2d 253 (1971)

STATE of Florida, Acting by and through the FLORIDA AIR AND WATER POLLUTION CONTROL COMMISSION, Petitioner, v. ST. REGIS PAPER COMPANY, a Corporation Authorized to Do Business in the State of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied July 28, 1971.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Bjarne B. Andersen, Jr., Asst. Atty. Gen., for petitioner.

Fred H. Kent, of Kent, Durden & Kent, Jacksonville, for respondent.

CARLTON, Justice.

We are concerned in this case with the avenues of procedure available to the Florida Air and Water Pollution Control Commission for the assessment of civil penalties against an alleged polluter under Chapter 403, Florida Statutes, F.S.A. The District Court of Appeal, First District, has held through an opinion reported at 237 So.2d 797 (1st D.C.A.Fla. 1970), that the Commission cannot file a complaint seeking assessment...

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