MATTER OF CHASM HYDRO, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION


58 A.D.3d 1100 (2009)

872 N.Y.S.2d 235

In the Matter of CHASM HYDRO, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

January 29, 2009.


Rose, J.

Petitioners operate a hydroelectric dam located on a navigable, class C river. When they began to make repairs to the dam, respondent commenced an administrative enforcement proceeding against them for alleged violations of state water quality standards. Respondent's primary allegation is that petitioners' repairs caused significant discharges of sediment and other materials into the river. Relying on a dam repair permit that had been issued by the Federal...

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