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EQC v. CITY OF COOS BAY

(WQMW-WR-96-277; CA A107070)

14 P.3d 649 (2000)

171 Or. App. 106

ENVIRONMENTAL QUALITY COMMISSION, Respondent, v. CITY OF COOS BAY, Petitioner.

Court of Appeals of Oregon.

Decided November 22, 2000.

Attorney(s) appearing for the Case

C. Randall Tosh, Coos Bay, argued the cause for petitioner. With him on the brief was Ormsbee, Corrigall, McClintock & Tosh, LLP.

David F. Coursen, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

The City of Coos Bay (City) seeks review of an order of the Environmental Quality Commission (EQC) that, among other things, imposed civil penalties for discharging sewage sludge without a permit in violation of ORS 468B.050(1)(a). The City argues that the EQC erred in imposing those penalties. We agree and reverse that portion of the order.

The relevant facts are undisputed. The City operates a sewage disposal system, part of which includes a...

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