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POLLUTION CONTROL v. KAISER ALUMINUM

No. 3396-II.

25 Wn. App. 273 (1980)

607 P.2d 870

PUGET SOUND AIR POLLUTION CONTROL AGENCY, Appellant, v. KAISER ALUMINUM & CHEMICAL CORPORATION, Respondent.

The Court of Appeals of Washington, Division Two.

January 29, 1980.

Attorney(s) appearing for the Case

Keith D. McGoffin, for appellant.

Edward M. Lane and Joanne Henry, for respondent.

PETRIE, J.

Puget Sound Air Pollution Control Agency (PSAPCA) appeals from a judgment declaring certain of its regulations invalid and unenforceable. We affirm.

On April 29, 1976, two of PSAPCA's inspectors observed alumina leaking from a hopper gate of a railroad car located approximately one-half mile from Kaiser Aluminum & Chemical Corporation's load-out facility at the Port of Tacoma. On August 11 an inspector observed alumina escaping from vents at...

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