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JELD-WEN, INC. v. EQC

(AQP-ER-97102; CA A101910)

986 P.2d 582 (1999)

162 Or. App. 100

JELD-WEN, INC., an Oregon corporation, Petitioner, v. ENVIRONMENTAL QUALITY COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Jay T. Waldron, Portland, argued the cause for petitioner. With him on the brief were Neal A. Hueske and Schwabe, Williamson & Wyatt, P.C.

Denise Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

DEITS, C.J.

Petitioner Jeld-Wen, Inc., seeks review of a declaratory ruling of the Environmental Quality Commission (EQC) in which EQC concluded that the sewer system of the City of Klamath Falls (the City) was "available" to petitioner under ORS 454.655(4) and OAR 340-071-0160(5)(f). The ruling means that, under the statute and the rule, petitioner is not entitled to a permit to repair and enlarge its septic tank and drainfield sewage system but must, instead, connect...

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