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STATE v. LUNDGREN

No. 22715-1-II.

971 P.2d 948 (1999)

STATE of Washington, DEPARTMENT OF ECOLOGY, Respondent, and Ketron Island Homeowners Association, Intervenor, v. Gary LUNDGREN and Ketron Island Enterprises, Inc., Appellants.

Court of Appeals of Washington, Division 2.

Publication Ordered February 19, 1999.

Attorney(s) appearing for the Case

Greg W. Haffner, Vandeberg, Johnson & Gandara, Tacoma, for Appellants.

Ronald L. Lavigne Jr., Attorney General's Office-Ecology Div., Olympia, for Respondent.

ARMSTRONG, J.

Gary Lundgren is the sole owner and officer of Ketron Island Enterprises (KIE), which for many years owned the sewage treatment plant on Ketron Island. When the plant failed, causing raw sewage to discharge into Puget Sound, the Department of Ecology fined both KIE and Lundgren for violating Washington's Water Pollution Control Act, RCW 90.48. Lundgren appealed to the Pollution Control Hearings Board (PCHB), which held him not personally liable. On appeal...

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