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STATE, DEPT. OF ECOLOGY v. DOUMA

No. 35864-6-II.

193 P.3d 1102 (2008)

STATE of Washington, DEPARTMENT OF ECOLOGY, Respondent/Cross-Appellant, v. Herm DOUMA; Mike Douma; MJD Farms LLC; Richard M. Stephens; and Pollution Control Hearings Board, Appellants/Cross-Respondent.

Court of Appeals of Washington, Division 2.

October 14, 2008.

Attorney(s) appearing for the Case

Bruce L. Turcott, Office of The Atty. General, Olympia, WA, for Respondent.

Richard M. Stephens, Groen Stephens & Klinge LLP, Bellevue, WA, for Appellant/Cross-Respondent.

Ronald L. Lavigne Jr., Atty. Gen Ofc/Ecology Division, Olympia, WA, for Respondent/Cross-Appellant.

OPINION PUBLISHED IN PART

PENOYAR, A.C.J.

¶ 1 During the winter of 1998-99, the Doumas pumped dairy waste into an unlined trench on land they leased from the State. Pursuant to RCW 90.48.144, the Department of Ecology (Ecology) assessed a $53,000 penalty against the Doumas for discharging pollutants into Washington State waters. The Doumas appealed to the Pollution Control Hearings Board (PCHB), which reduced and

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