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CRUTCHFIELD v. STATE WATER CONTROL BD.

Record No. 1037-04-2.

612 S.E.2d 249 (2005)

45 Va. App. 546

Frances Broaddus CRUTCHFIELD and Henry Ruffin Broaddus v. STATE WATER CONTROL BOARD, Department of Environmental Quality and the County of Hanover, Virginia.

Court of Appeals of Virginia, Alexandria.

May 3, 2005.

Attorney(s) appearing for the Case

Benjamin A. Thorp IV (William B. Ellis; Ellis Thorp & Jewett, P.L.L.C.; Ellis & Thorp, P.L.L.C., on briefs), Richmond, for appellants.

John K. Byrum, Jr., Assistant Attorney General (Jerry W. Kilgore, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General; Rick R. Linker, Assistant Attorney General, on brief), for State Water Control Board and Department of Environmental Quality.

Barbara M. Rose, Deputy County Attorney (Sterling E. Rives, III, County Attorney, on brief), for the County of Hanover.

Amici Curiae: The Chesapeake Bay Foundation, Inc. and The Sierra Club (Christopher C. Spencer; Robert L. Wise; Robyn P. Ayres; Bowman and Brooke L.L.P., on brief), Richmond, for appellants.

Present: Chief Judge FITZPATRICK, Judge HUMPHREYS and Senior Judge WILLIS.

JERE M.H. WILLIS, JR., Senior Judge.

Frances Broaddus Crutchfield and Henry Ruffin Broaddus (appellants) appeal a final order of the trial court finding that the State Water Control Board (SWCB) properly issued a Virginia Pollution Discharge Elimination System (VPDES) permit to Hanover County (the County) for the discharge of treated wastewater from the County's Totopotomy Wastewater Treatment Plant into the Pamunkey River. On appeal, appellants contend the trial...

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