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STATE v. HART

No. 09-87-188 CV.

753 S.W.2d 213 (1988)

The STATE of Texas, Appellant, v. Andrew P. HART, D/B/A Hart Creosoting Company, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied June 29, 1988.

Attorney(s) appearing for the Case

Nancy E. Olinger and David J. Preister, Asst. Attys. Gen., Environmental Protection Div., Austin, for appellant.

Jim Mathews, Lloyd, Gosselink, Ryan & Fowler, Austin, for appellee.

OPINION

DIES, Chief Justice.

In November, 1985, the State of Texas sued Andrew Paul Hart, d/b/a Hart Creosoting Company, alleging, inter alia, that "Hart processes its wood preserving waste water [creosote] by retaining it in four surface impoundments"; that "[t]hese ponds have accumulated sludges containing creosote which are listed by the EPA as hazardous. These ponds have overflowed frequently in the past, resulting in discharge into a tributary of Walnut...

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