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MATTER OF BATH PETROLEUM STORAGE, INC. v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

244 A.D.2d 624 (1997)

663 N.Y.S.2d 719

In the Matter of Bath Petroleum Storage, Inc., Appellant, v. New York State Department of Environmental Conservation et al., Respondents

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

November 6, 1997

Mikoll, J.

Petitioner was the operator of an underground liquid petroleum gas (hereinafter LPG) storage reservoir containing six caverns created in underground salt formations located near the Town of Bath, Steuben County. The reservoir was constructed prior to 1963 and was continuously operating since then.

In 1995 petitioner applied to respondent Department of Environmental Conservation (hereinafter respondent) for a permit to drill a replacement...

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