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Duke City Lumber Co. V. New Mexico Environmental Improvement Board

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eBook details

  • Title: Duke City Lumber Co. V. New Mexico Environmental Improvement Board
  • Author : New Mexico Court of Appeals
  • Release Date : January 06, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 81 KB

Description

The appellant has operated a sawmill at Espanola, New Mexico, since the early 1960's. At the time the plant was constructed a wigwam incinerator was installed to burn all of the wood waste generated by the operation, approximately 247,000 cubic yards. Beginning in 1966 appellant began to investigate methods of utilizing this wood waste. Since that time appellant has entered into contracts with various firms for the sale of approximately 93% of this waste. The remaining 7% is incinerated. However, because the incinerator was designed to burn a much larger volume of waste the incineration of the remaining waste results in smoke having an opacity in excess of 20%. In 1975 and again in 1977 and 1978, the appellant and appellee entered into agreements entitled "assurance of discontinuance." The essence of these were that appellant was endeavoring to sell or utilize all of the woodwaste and in the interim it might be in violation of air quality control regulation 402(A); that appellant would continue to use its best efforts to utilize all of the wood refuse and also seek to minimize the capacity of the omissions.


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