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MTR BIO-TECH MILLS v. WILLIAMS

105 A.D.2d 301 (1985)

In the Matter of Bio-Tech Mills, Inc., Petitioner, v. Henry G. Williams, as Commissioner of The Department of Environmental Conservation, Respondent

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

January 3, 1985

Attorney(s) appearing for the Case

Oliver & Oliver (Lewis B. Oliver, Jr., of counsel), for petitioner.

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

WEISS, YESAWICH, JR., and HARVEY, JJ., concur with MAIN, J. P.; MIKOLL, J., concurs in part and dissents in part in an opinion.

MAIN, J. P.

Petitioner is the operator of a paper mill in Washington County which manufactures toilet tissue from printed waste paper. Petitioner was issued a State Pollutant Discharge Elimination System (SPDES) permit by the State Department of Environmental Conservation (DEC) in February, 1977. In February, 1982, Marvin Ferris, president of petitioner, applied for a renewal of the permit, seeking (1) to discharge...

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