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STATE v. PRESTO-X CO.

No. 86-960.

417 N.W.2d 199 (1987)

STATE of Iowa, ex rel. IOWA DEPARTMENT OF WATER, AIR AND WASTE MANAGEMENT, Appellant, v. PRESTO-X COMPANY, Appellee.

Supreme Court of Iowa.

December 23, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and John P. Sarcone and Eliza Ovrom, Asst. Attys. Gen., for appellant.

Michael J. O'Bradovich, Council Bluffs, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, LAVORATO and NEUMAN, JJ.

McGIVERIN, Chief Justice.

The Iowa Department of Water, Air and Waste Management appeals the trial court's ruling on all three counts of the agency's petition charging defendant in a civil action with violating three portions of Iowa's hazardous waste management statutes contained in Iowa Code chapter 455B (1983 Supp.). Finding that the defendant had not operated a "facility" for handling hazardous waste as defined in the statute, the trial court disposed of the first...

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