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IN RE E.I. DUPONT DE NEMOURS AND CO.

No. 9210SC253.

428 S.E.2d 195 (1993)

109 N.C. App. 435

In re Petition for Judicial Review by E.I. DuPONT de NEMOURS AND COMPANY, INC.

Court of Appeals of North Carolina.

April 6, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Judith Robb Bullock, Raleigh, for the State.

Hunton and Williams by Charles D. Case, William D. Dannelly and Ethan S. Naftalin, Raleigh, for E.I. du Pont de Nemours & Co., Inc.

LEWIS, Judge.

The question presented by this most amenable appeal is whether the legislature intended for wastewater treated in elementary neutralization systems and discharged pursuant to NPDES permits to be assessed a tonnage fee as per N.C.G.S. § 130A-294.1(g). We do not think that the legislature so intended and we hereby affirm the decision of the superior court.

N.C.G.S. § 130A-294.1(g) was enacted in 1987 and provides:

A person who...

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