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K.P. McNAMARA v. STATE, DEPT. OF ECOLOGY

No. 42668-4-II.

292 P.3d 812 (2013)

In re K.P. McNAMARA NORTHWEST, INC., and Kerry McNamara, Appellants/Cross Respondents, v. STATE of Washington, WASHINGTON DEPARTMENT OF ECOLOGY, Respondent/Cross Appellant.

Court of Appeals of Washington, Division 2.

January 23, 2013.

Attorney(s) appearing for the Case

Larisa Rasskazova , Larisa Rasskazova Law Office, Thomas Benke , Portland, OR, for Appellant/Cross-Respondent.

Phyllis Jean Barney , Office of the Attorney General, Olympia, WA, for Respondent/Cross-Appellant.

Marc Worthy , Office of the Attorney General, Seattle, WA, for Other Interested Parties.

VAN DEREN, J.

¶ 1 KP McNamara and Kerry McNamara appeal the Pollution Control Hearing Board's (Board) summary judgment order affirming two Department of Ecology (Department) penalties for violations of the Hazardous Waste Management Act (HWMA), chapter 70.105 RCW. The Department's notice of penalty cited KP McNamara for failing to follow proper procedures under the dangerous waste regulations when it (1) shipped rinse water KP McNamara had designated as dangerous...

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