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WATER CONTROL BD. v. APPALACHIAN POWER

Record No. 1274-88-3.

386 S.E.2d 633 (1989)

COMMONWEALTH of Virginia, ex rel. STATE WATER CONTROL BOARD v. APPALACHIAN POWER COMPANY.

Court of Appeals of Virginia.

Rehearing En Banc Granted January 5, 1990.

Attorney(s) appearing for the Case

John R. Butcher, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellant.

Joseph M. Spivey, III (William L. Rosbe; Hunton & Williams, Richmond, on brief), for appellee.

Present: KOONTZ, C.J., and COLEMAN and HODGES, JJ.

COLEMAN, Judge.

The issue on this appeal is whether an administrative agency, the State Water Control Board (the SWCB), followed the statutory requirements when it enacted two of its water control standards. On October 7, 1987, the SWCB attempted to amend its standards to prohibit the use of "chlorine or other halogen compounds" by any facility that discharges at least 20,000 gallons of effluent per day into state waters...

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