In re the Minor Modification to the Solid Waste Permit SW-61 for the Type I Municipal Solid Waste Incinerator Ash Storage Facility at the Woodlake Sanitary Landfill

SPECIAL TERM OPINION

PARKER, Judge.

FACTS

Relator Earth Protector seeks review of the denial of its request for a contested case hearing on an application for modification of a permit issued to Woodlake Sanitary Services. The Pollution Control Agency moves to discharge the writ of certiora-ri, claiming 'that relator failed to make timely service upon the agency.

DECISION

A petition for certiorari must be “served on the agency” within 30 days after a party receives the final agency decision. Minn. Stat. § 14.63 (1988). Earth Protector served the assistant attorney general who had represented the…