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MARION CTY v. MID-WILLAMETTE VAL AIR POLLUTION AU.

538 P.2d 960 (1975)

MARION COUNTY, a Political Subdivision of the State of Oregon and John A. Anderson, a Marion County Employee, Petitioners, v. MID-WILLAMETTE VALLEY AIR POLLUTION AUTHORITY, Respondent. Larry Epping Bldg. Co., an Oregon Corporation, Petitioner, v. Mid-Willamette Valley Air Pollution Authority, Respondent.

Court of Appeals of Oregon.

Decided August 11, 1975.

Attorney(s) appearing for the Case

Frank C. McKinney, Marion County Legal Counsel, Salem, argued the cause and filed the brief for petitioners Marion County and John A. Anderson.

Daniel A. Ritter, Salem, argued the cause for petitioner Larry Epping Bldg. Co. With him on the brief were Harland, Ritter & Haenny, Salem.

Cecil H. Quesseth, Salem, argued the cause and filed the brief for respondent.

David A. Rhoten and Rhoten, Rhoten & Speerstra, Salem, submitted a brief amicus curiae for Gerlinger Industries Corp.

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

FOLEY, Judge.

Marion County and Larry Epping Bldg. Co. petition for judicial review of an order of the Mid-Willamette Valley Air Pollution Authority imposing $1,500 civil penalties against each. The petitions are consolidated for purposes of review here.

On October 25, 1974, and two days following, Marion County caused to be burned 12 stacks of land-clearing debris situated on and adjacent to the East Cordon Road...

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