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INDIANA DEPT. OF ENV. MGT. v. CONARD

No. 36A01-9107-CV-223.

589 N.E.2d 1195 (1992)

THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND WESTINGHOUSE ELECTRIC CORPORATION, Appellants-Respondents, v. Dale CONARD and Connie Conard, Appellees-Petitioners.

Court of Appeals of Indiana, First District.

Opinion on Denial of Rehearing June 15, 1992.

Attorney(s) appearing for the Case

David R. Berz, Peter M. Gillon, Steven L. Humphreys, Weil, Gotschal & Manges, Washington, D.C., Joseph B. Carney, James W. Clark, Baker & Daniels, Indianapolis, for appellants-respondents.

David S. McCrea, McCrea & McCrea, Bloomington, for appellees-petitioners.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Westinghouse Electric Corporation ("Westinghouse") appeals from a judgment reversing a final administrative order of the Water Pollution Control Board ("WPCB"). The judgment determined that a certain consent decree ("Decree") does not mandate a one part per billion ("ppb") limit for polychlorinated biphenyls ("PCBs") in certain treated waters, and that the Decree's provisions are not binding on a permitting process...

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