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U.S. OIL v. DEPARTMENT OF ECOLOGY

No. 47359-5.

96 Wn.2d 85 (1981)

633 P.2d 1329

U.S. OIL & REFINING COMPANY, Respondent, v. THE DEPARTMENT OF ECOLOGY, Petitioner.

The Supreme Court of Washington, En Banc.

September 24, 1981.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, Charles B. Roe, Jr., Senior Assistant, and Charles W. Lean, Assistant, for petitioner.

Murray, Scott, McGavick, Gagliardi & Graves, by Ray Graves, for respondent.

UTTER, J.

Is the Washington State Department of Ecology (DOE) barred, because of the statute of limitation, from collecting penalties against U.S. Oil & Refining Company for illegally discharging pollutants? The trial court, reversed by the Court of Appeals, held DOE was not barred. We agree with the result of the trial court and reverse the Court of Appeals.

On May 19, 1978, DOE imposed a total of $90,000 in civil penalties against respondent U.S. Oil...

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