Indiana Department of Environmental Management v. Conard

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Westinghouse Electric Corporation ("Westinghouse") appeals from a judgment reversing a final administrative order of the Water Pollution Control Board ("WPCB"). The judgment determined that a certain consent decree ("Decree") does not mandate a one part per billion ("ppb") limit for polychlorinated _ biphenyls ("PCBs") in certain treated waters, and that the Decree's provisions are not binding on a permitting process.1 We affirm.

ISSUE

We address one consolidated and restated issue on appeal:

Did the trial court properly hold that the Decree does not…