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  5. 876 P.2d 749 (1994)
 

GILLIAM COUNTY v. DEPT. OF ENV. QUALITY

DEQ 45-1990; CA A68441 (Control), CA A68455, SC S39659, SC S39658, USSC 93-70, 93-108.

876 P.2d 749 (1994)

319 Or. 251

GILLIAM COUNTY, Oregon, and Oregon Waste Systems, Inc., Petitioners on Review, v. DEPARTMENT OF ENVIRONMENTAL QUALITY of the State of Oregon, Respondent on Review. COLUMBIA RESOURCE COMPANY, L.P., a Washington Limited Partnership, Petitioner on Review, v. ENVIRONMENTAL QUALITY COMMISSION, Respondent on Review.

Supreme Court of Oregon.

Decided June 30, 1994.

Attorney(s) appearing for the Case

John DiLorenzo and Michael E. Farnell, of O'Connell, Goyak & DiLorenzo, Portland, for petitioner on review Columbia Resource Co., L.P.

J. Laurence Cable and James E. Benedict, of Cable, Huston, Benedict, Haagensen & Ferris, Portland, for petitioner on review Oregon Waste Systems, Inc. James M. Coleman, of O'Donnell, Ramis, Crew & Corrigan, Portland, for petitioner on review Gilliam County, Or.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, for respondents on review.

GRABER, Justice.

This case is before us on remand from the Supreme Court of the United States. Oregon Waste Systems v. Dept. of Env. Quality, ___ U.S. ___, 114 S.Ct. 1345, 128 L.Ed.2d 13 (1994).

On judicial review pursuant to ORS 183.400,1 this court considered the validity of ORS 459.297, ORS 459.298, former OAR 340-61-115(1), and former OAR 340-61-120(6),2

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