MATTER OF DVC INDUS., INC. v. FLACKE


86 A.D.2d 892 (1982)

In the Matter of DVC Industries, Inc., Petitioner, v. Robert F. Flacke, as Commissioner of New York State Department of Environmental Conservation, Respondent

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

February 22, 1982


Determination confirmed and proceeding dismissed on the merits, with costs.

The assessment of an $18,000 penalty against petitioner and enjoining it from continuing discharges into the ground water was not arbitrary but based on substantial evidence within the record. There was evidence in the record of more than 18 separate violations. We would note, however, that it would be preferable for the respondent to set forth with specificity the fine for each individual...

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