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SIMPSON TIMBER v. POLLUTION CONTROL

No. 43871.

87 Wn.2d 35 (1976)

549 P.2d 5

SIMPSON TIMBER COMPANY, Respondent, v. OLYMPIC AIR POLLUTION CONTROL AUTHORITY, Appellant, THE DEPARTMENT OF NATURAL RESOURCES, Respondent.

The Supreme Court of Washington, En Banc.

April 22, 1976.

Attorney(s) appearing for the Case

Fred D. Gentry (of Bean, Gentry & Rathbone), for appellant.

Gerald L. Whitcomb, Inc., P.S., for respondent Simpson Timber Company.

Slade Gorton, Attorney General, and Robert O. Sailer, Assistant, for respondent State.

HUNTER, J.

On August 1, 1972, Simpson Timber Company (respondent) conducted a slash burn of forest material on 78 acres of its property situated about 9 miles west of Olympia. The burn produced noticeable smoke and particulate fallout in the Olympia area, which caused annoyance to some citizens of Olympia. As a result of these events, the Olympic Air Pollution Control Authority (appellant) cited respondent for violation of appellant's regulation I, section 9.03 (c...

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