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OTC v. STATE EX REL. IOWA DNR

No. 98-1242.

609 N.W.2d 809 (2000)

ORGANIC TECHNOLOGIES CORPORATION, Tim Danley, and Ken Renfrow, Appellants, v. STATE of Iowa ex rel. IOWA DEPARTMENT OF NATURAL RESOURCES, Appellee.

Supreme Court of Iowa.

April 26, 2000.

Attorney(s) appearing for the Case

Mark Landa and James G. Sawtelle of Sullivan & Ward, P.C., Des Moines, for appellants.

Thomas J. Miller, Attorney General, and David R. Sheridan and David L. Dorff, Assistant Attorneys General, for appellee.

Considered en banc.

LAVORATO, Justice.

The Department of Natural Resources (DNR) issued an administrative order in which it alleged that Organic Technologies Corporation (OTC), a composting facility owner, had violated (1) Iowa Code chapter 455B, (2) administrative rules promulgated pursuant to this chapter, and (3) the conditions of OTC's permit. The order imposed a fine and revoked the permit. The Environmental Protection Commission (EPC) adopted an administrative law judge's (ALJ...

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