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MATTER OF TOWN OF BRUNSWICK v. JORLING

149 A.D.2d 832 (1989)

In the Matter of Town of Brunswick, Petitioner, v. Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, Respondent

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

April 20, 1989

Kane, J.

In 1982, petitioner's permit to operate its sanitary landfill expired. Petitioner, however, continued to operate the facility without benefit of a permit. As a result, in 1987 the Department of Environmental Conservation (hereinafter DEC) charged petitioner with operating the landfill without a permit and sought closure of the facility. Petitioner was also charged with impermissibly allowing leachate* from the facility...

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