122 A.D.2d 789 (1986)

State of New York, Respondent, v. Merion Blue Grass Sod Farm et al., Appellants

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

August 4, 1986

Orders affirmed, with one bill of costs.

The plaintiff alleges and the defendants concede that one of the surface lagoons in which the defendants store sewage sludge has developed a leak in its barrier, allowing seepage of the sludge material, into a ditch outside the lagoon. This leak constitutes a clear violation of the Department of Environmental Conservation Regulations concerning solid waste management facilities (see, 6 NYCRR 360.8 [b] [5] [i], [ii]....

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