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MATTER OF TOWN OF PORTER v. FLACKE

79 A.D.2d 1108 (1981)

In the Matter of The Town of Porter et al., Petitioners, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 23, 1981

Determination unanimously confirmed, without costs.

Memorandum:

We find that the record contains substantial evidence to support the commissioner's determinations including, in particular, the approval of the requested modifications of the existing SPDES permit to allow the additional volume of discharge to the Niagara River via Outfall 001 and to allow the controlled discharge to Outfall 001 on a "batch" basis...

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