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MTR TEXACO v. FLACKE

114 Misc.2d 660 (1982)

In the Matter of Texaco, Inc., Petitioner, v. Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Special Term, Albany County.

May 24, 1982

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler for petitioner. Robert Abrams, Attorney-General (Reuben Goldwaser of counsel), for respondents.

JOSEPH P. TORRACA, J.

The New York State Department of Environmental Conservation (DEC) has established as an effluent limitation for the grease and oil which may be discharged into the waters of New York State, the level of 15 milligrams per liter (15mg/1) of waste water. This limitation is contained in permits regulating pollution discharges from various facilities, including those of Texaco, Inc. (Texaco).

The authority for this regulation...

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