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DEP'T OF HEALTH & MENTAL HYGIENE v. CONGOLEUM CORP.

No. 846, September Term, 1981.

51 Md. App. 257 (1982)

443 A.2d 130

STATE OF MARYLAND, DEPARTMENT OF HEALTH & MENTAL HYGIENE v. CONGOLEUM CORPORATION.

Court of Special Appeals of Maryland.

Decided March 12, 1982.

Attorney(s) appearing for the Case

Marc K. Cohen, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellant.

Roger D. Redden, with whom was David M. Funk on the brief, for appellee.

The cause was argued before LOWE and MASON, JJ., and RICHARD M. POLLITT, Chief Judge of the First Judicial Circuit, specially assigned.

LOWE, J., delivered the opinion of the Court.

The Congoleum Corporation, located in the vicinity of Finksburg, Maryland, has, since 1967, unsuccessfully fought an infestation of psychoda flies which breed in the trickling filters Congoleum has provided for treatment of its waste waters prior to their discharge into the Patapsco River, one-half mile away. The waste water treatment consists of two lagoons, two trickling filters and two clarifiers. Although the gnat...

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