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  5. 289 N.W.2d 561 (1980)
 

HOMESTAKE MIN. v. BD. OF ENVIRON. PROTECTION

Nos. 12705, 12706.

289 N.W.2d 561 (1980)

HOMESTAKE MINING COMPANY, a California Corporation, Appellant and Cross-Respondent, v. BOARD OF ENVIRONMENTAL PROTECTION and the Department of Environmental Protection, State of South Dakota, Respondents and Cross-Appellants.

Supreme Court of South Dakota.

Decided March 12, 1980.

Attorney(s) appearing for the Case

A. P. Fuller of Amundson & Fuller, Lead, John C. Kapsner of Kapsner & Kapsner, Bismarck, for appellant and cross-respondent.

Lawrence W. Kyte, Asst. Atty. Gen., Pierre, for respondents and cross-appellants; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

HEEGE, Circuit Judge.

Homestake Mining Company (Homestake) owns and operates a gold mine and milling operation in the Black Hills of South Dakota. It discharges waste water containing tailings, heavy metals, and suspended solids into Gold Run Creek, a tributary of Whitewood Creek, which passes its Lead-Deadwood plant.

The State Environmental Protection Board (Board) has adopted rules designating Whitewood Creek...

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