Petitioners are the owners and operators of a construction and demolition waste landfill in the Town of Smithtown, Suffolk County. They brought this CPLR article 78 proceeding to challenge respondent's determination (1) finding that petitioners violated the terms of their permit and 6 NYCRR former part 360, (2) assessing a $45,000 civil penalty, and (3) directing closure and remediation of petitioners' landfill. Respondent counterclaimed for...
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