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  5. 151 A.D.2d 95 (1989)
 

BUFFALO SEWER AUTH. v. DEC.

151 A.D.2d 95 (1989)

In the Matter of Buffalo Sewer Authority et al., Respondents, v. New York State Department of Environmental Conservation et al., Appellants, and Province of Ontario et al., Intervenors-Appellants

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

October 26, 1989

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maria Semidei-Otero, Peter H. Schiff and Douglas H. Ward of counsel), for appellants.

Pepe & Hazard (Michael Zizka and Jean E. Perry of counsel), and Samuel F. Houston, Corporation Counsel (Michael B. Risman of counsel), for Buffalo Sewer Authority, respondent.

Whiteman, Osterman & Hanna (Philip H. Dixon of counsel), for Industrial Liaison Committee of the Niagara Falls Area Chamber of Commerce and others, respondents.

Terris, Edgecombe, Hecker & Wayne (Bruce Terris and James M. Hecker of counsel), for intervenors-appellants.

YESAWICH, JR., MERCURE and HARVEY, JJ., concur.

WEISS, J. P.

On March 10, 1987, respondent Department of Environmental Conservation (hereinafter DEC) promulgated an amendment to one of its regulations (6 NYCRR 754.1 [a] [5]) which would affect DEC's authority to establish effluent limits for all discharges from publicly owned sewage treatment works based upon the treatment capability of a particular plant. Specifically, the proposed amendment would give DEC...

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