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4-H RD. COMM. ASSOC. v. DIV. OF WATER RES.

No. 17267.

355 S.E.2d 624 (1987)

FOUR-H ROAD COMM. ASSOC. v. CHIEF, DIV. OF WATER RESOURCES etc. and Omega Mining Co.

Supreme Court of Appeals of West Virginia.

March 18, 1987.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr., Cohen, Abate & Cohen, Fairmont, John McFerrin, Charleston, for appellant.

Karen Watson, Charleston, for Water Resources Div.

Gregory Gorrell, Jackson, Kelly, Holt & O'Farrell, Charleston, Robert G. McLusky, for Omega Min.

Larry W. George, Charleston, Patrick C. McGinley, College of Law, W.V.U., Morgantown, for amicus curiae.

NEELY, Justice:

The West Virginia Water Pollution Control Act (W.Va.Code, 20-5a-1 to 24) requires any company that wishes to open or abandon a mine that may be expected to produce a water discharge to obtain a Water Pollution Control/National Pollutant Discharge Elimination System permit from the Chief of the Division of Water Resources of the Department of Natural Resources. In 1983 Omega Mining Company applied for and received such a permit for its Deep Mine...

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