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WETZEL COUNTY SOLID WASTE AUTH. v. DNR

No. 19741.

401 S.E.2d 227 (1990)

WETZEL COUNTY SOLID WASTE AUTHORITY, a Public Authority of the State of West Virginia; Robert Phillips, Jean Phillips, Robert Burgess, Helen Burgess, Arnold Smith, Nancy Smith, Orville Sizemore and Flora Sizemore v. WEST VIRGINIA DIVISION OF NATURAL RESOURCES, and Its Director, J. Edward Hamrick, III; Its Division of Waste Management and Chief Thereof, George Max Robertson; Honorable Charles King, Judge of the Circuit Court of Kanawha County; and Lackawanna Transport Company, a Pennsylvania Corporation.

Supreme Court of Appeals of West Virginia.

December 19, 1990.

Attorney(s) appearing for the Case

Larry Harless, Charleston, Tom Rodd, Morgantown, for Wetzel County Solid Waste.

Shirley A. Seccurro, Marie M. Fakedej, Charleston, for Dept. of Natural Resources.

Ricklin Brown, Bowles, Rice, McDavid, Graff & Love, Charleston, William R. Fox, Differ, Callahan, Ulrich & O'Hara, Norristown, Pa., for Lackawanna Transport.

James W. Peters, Woodsfield, Ohio, Stephen D. Annand, H. Gerard Kelley, Shuman, Annand & Poe, Charleston, for petitioners and filed brief of amicus curiae Wetzel County Com'n.

Patrick McGinley, Morgantown, for petitioners and filed brief of amicus curiae.

BROTHERTON, Justice:

On June 15, 1990, the West Virginia Division of Natural Resources ("DNR") issued a compliance order pursuant to West Virginia Code § 20-9-12c(b)(2), which directed Lackawanna Transport Company to gradually reduce its waste disposal at the Wetzel County Landfill from 25,000 tons to 9,999 tons per month by May 30, 1991. The petitioners, the Wetzel County Solid Waste Authority, now ask this Court...

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