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TOWN OF WALLACE v. DEPT. OF ENVIRONMENT

No. COA02-1119.

584 S.E.2d 809 (2003)

TOWN OF WALLACE, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Division Of Water Quality, Respondent.

Court of Appeals of North Carolina.

August 19, 2003.

Attorney(s) appearing for the Case

Burrows & Hall, by Richard L. Burrows, Wallace, for petitioner-appellee.

Attorney General Roy Cooper, by Special Deputy Attorney General Francis W. Crawley and Assistant Attorney General Anita LeVeaux, for respondent-appellant.

STEELMAN, Judge.

The Town of Wallace ("petitioner" or "Wallace") operates a wastewater treatment plant under a national pollutant discharge elimination system ("NPDES") permit issued by the North Carolina Department of Environment and Natural Resources ("DENR") and the Division of Water Quality ("DWQ"). One of the main trunk lines into the plant runs along Little Rockfish Creek in Wallace.

On 16 June 1999, plant operator Doug Mears ("Mears") arrived at 7:00...

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