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OCCIDENTAL v. DEPT. OF ENVTL

114 A.D.2d 233 (1986)

In the Matter of Occidental Chemical Corporation, Respondent, v. New York State Department of Environmental Conservation, Appellant

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

February 20, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joel F. Spitzer, Peter H. Schiff and Douglas H. Ward of counsel), for appellant.

Whiteman, Osterman & Hanna (John Hanna of counsel), for respondent.

MAHONEY, P. J., and KANE, J., concur with LEVINE, J.; MIKOLL and HARVEY, JJ., dissent and vote to affirm in an opinion by MIKOLL, J.

LEVINE, J.

Petitioner, a manufacturer of agricultural and industrial chemicals and plastics, operated for some 20 years, until the mid-1970s, a 15-acre landfill (the Hyde Park site) in the Town of Niagara, Niagara County, as a dump for the chemical waste materials (some of high toxicity) from its production processes. By 1971, the danger of the site as a local health hazard and its potential pollutant effect...

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