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LEHIGH PORTLAND CEMENT CO. v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

210 A.D.2d 670 (1994)

619 N.Y.S.2d 850

Lehigh Portland Cement Company, Appellant, v. New York State Department of Environmental Conservation, Respondent

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

December 8, 1994

Cardona, P. J.

Plaintiff petitioned defendant for beneficial use determinations (hereinafter BUDs) (see, 6 NYCRR former 360-1.2 [a] [5]) so that it could use waste products of other industries without being subjected to solid waste regulations. In order to expedite the administrative process and have its petitions favorably determined, plaintiff sought to have the process considered as an application for a permit (see, ECL art 70; 6 NYCRR...

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