STATE v. TOWN OF WALLKILL


170 A.D.2d 8 (1991)

State of New York et al., Appellants, v. Town of Wallkill, Respondent

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

July 25, 1991


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frederick W. Turner of counsel), for appellants.

Monte J. Rosenstein for respondent.

MIKOLL and MERCURE, JJ., concur with CASEY, J. P.; CREW III and YESAWICH, JR., JJ., concur in part and dissent in part in an opinion by CREW III, J.


CASEY, J. P.

Defendant owns and operates the Wallkill Sewage Treatment Plant subject to the conditions imposed in a State pollutant discharge elimination system permit issued by plaintiff Department of Environmental Conservation (hereinafter DEC) pursuant to ECL article 17. From time to time prior to July 1, 1988, defendant's plant violated the conditions of the permit, resulting in a penalty assessment of $10...

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