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MATTER OF CITY OF YONKERS v. COUNTY OF WESTCHESTER

183 A.D.2d 823 (1992)

In the Matter of City of Yonkers, Respondent, v. County of Westchester et al., Appellants

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

May 18, 1992

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed in its entirety.

The County of Westchester operates the Yonkers Joint Wastewater Treatment Plant (hereinafter the plant). By notice dated November 18, 1987, the State Department of Environmental Conservation (hereinafter the DEC) notified the County that the plant was consistently exceeding the effluent emissions limitations of the State Pollutant Discharge...

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