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MATTER OF BATH PETROLEUM STORAGE, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

272 A.D.2d 746 (2000)

709 N.Y.S.2d 636

In the Matter of BATH PETROLEUM STORAGE, INC., et al., Petitioners, 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.

Decided May 18, 2000.

Spain, J.

Petitioner Bath Petroleum Storage, Inc. (hereinafter petitioner), a wholly owned subsidiary of petitioner E.I.L. Petroleum, Inc., operates a liquified petroleum gas storage facility which includes six storage caverns in a large salt formation underlying petitioner's property in the Town of Bath, Steuben County. To remove gas from storage, liquid brine is pumped into a cavern, thereby displacing the gas. When gas is pumped into a cavern, brine is displaced...

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