STATE v. MERION BLUE GRASS SOD FARM


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.


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]. Because the plaintiff has shown a violation by the defendants of a public health and safety regulation which the Attorney-General has statutory authority to enforce (see, ECL 71-2703 [1]; 71-2727 [2]), the plaintiff has met its threshold showing in order to preliminarily enjoin the defendants from committing further violations of the regulations under 6 NYCRR 360.1 et seq. (see, People ex rel. Bennett v Laman, 277 N.Y. 368, 383; State of New York v Brookhaven Aggregates, 121 A.D.2d 440; Dump the Dump v Town of Islip, 116 A.D.2d 552). Thus, Special Term did not abuse its discretion in issuing the preliminary injunction (see, Weissman v Kubasek, 112 A.D.2d 1086).

We have examined the defendant's remaining contentions and find them to be without merit.


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