NORTHEAST SOLITE v. FLACKE


91 A.D.2d 57 (1983)

In the Matter of Northeast Solite Corporation et al., Appellants, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, Respondent

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

January 6, 1983


Attorney(s) appearing for the Case

McGuire, Woods & Battle and DeGraff, Foy, Conway, Holt-Harris & Mealey (Thomas S. West of counsel), for appellants.

Robert Abrams, Attorney-General (Reuben Goldwaser, Peter H. Schiff and James A. Sevinsky of counsel), for respondent.

MIKOLL, YESAWICH, JR., WEISS and LEVINE, JJ., concur.


CASEY, J. P.

Petitioner Northeast Solite Corporation (petitioner) produces lightweight aggregate, a building material, at its processing facility in Ulster County. The production process involves on-site mining, crushing and heating of raw shale. The shale is heated in rotary kilns fired primarily with mixed industrial solvents and spent lubricating oils which petitioner has used as fuels since prior to April...

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