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MARSHALL DURBIN & CO. v. ENVIRON. MANAGEMENT

Civ. 5434.

495 So.2d 79 (1986)

MARSHALL DURBIN & COMPANY OF JASPER, INC. v. ENVIRONMENTAL MANAGEMENT COMMISSION, an agency of Alabama, et al.

Court of Civil Appeals of Alabama.

As Corrected on Denial of Rehearing August 13, 1986.

Attorney(s) appearing for the Case

C. Lee Reeves and Barry A. Ragsdale of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for appellant.

Olivia Hardy Hudgins, Montgomery, for appellees.

BRADLEY, Judge.

Marshall Durbin & Company (Durbin) operates a poultry processing plant in Jasper. The plant uses the sewer service provided by the publicly owned treatment works of the Jasper Utilities Board (Jasper). Durbin pays a user rate to Jasper. Jasper's treated sewage is discharged into Town and Cane Creeks.

Section 22-22-9(j)(6), Code 1975, provides that a person must obtain a permit before discharging pollution into any Alabama waters. The Alabama...

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