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BOWMAN APPLE PROD. v. WATER CONTROL BD.

Record No. 1977-06-4.

650 S.E.2d 548 (2007)

50 Va. App. 383

BOWMAN APPLE PRODUCTS COMPANY, INC. v. COMMONWEALTH of Virginia, STATE WATER CONTROL BOARD and Department of Environmental Quality.

Court of Appeals of Virginia, Alexandria.

September 18, 2007.

Attorney(s) appearing for the Case

Daniel L. Fitch (Wharton, Aldhizer & Weaver, PLC, on briefs), Harrisonburg, for appellant.

Alfred B. Albiston, Assistant Attorney General (Robert F. McDonnell, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellees.

Present: KELSEY, HALEY and PETTY, JJ.

JAMES W. HALEY, JR., Judge.

The issue here for resolution is whether the inclusion in a Virginia Pollutant Discharge Elimination System ("VPDES") discharge permit of a provision authorizing photography by Virginia Department of Environmental Quality ("VDEQ") staff is arbitrary and capricious, when such photography is "reasonably related to the purpose of the site visit and the particular inspection being carried out."

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