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STATE, DEPT. OF ENVIR. Q. v. CHEMICAL WASTES. & D., INC.

528 P.2d 1076 (1974)

STATE of Oregon, Acting by and through Department of Environmental Quality, Appellant, v. CHEMICAL WASTE Storage and Disposition, Inc., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1974.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Paul M. Reeder, Hillsboro, argued the cause for respondent. With him on the brief were Reeder & Rapp, Hillsboro.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

Acting by and through the Department of Environmental Quality (DEQ), the State of Oregon initiated this injunctive proceeding seeking to compel compliance by defendant corporation with the provisions of the Environmentally Hazardous Wastes Statutes (ORS 459.410 through 459.690), and to have the "disposal site" owned by the defendant declared a public nuisance. The circuit court ruled in its decree:

"1. That the Defendant cease and desist from...

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