MATTER OF BETHPAGE WATER DISTRICT v. DAINES

506637.

67 A.D.3d 1088 (2009)

888 N.Y.S.2d 273

2009 NY Slip Op 07902

In the Matter of BETHPAGE WATER DISTRICT, Appellant, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents.

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

Decided November 5, 2009.


Spain, J.P.

Dating back to the early 1970s, petitioner — the operator of a public water system in the Town of Bethpage, Nassau County — was consistently granted waivers by the Nassau County Department of Health (hereinafter NCDH) from the State Sanitary Code requirement of disinfecting its groundwater supply through chlorination (see 10 NYCRR 5-1.30 [a], [e]). In 2007, to protect the public from biological terrorism, NCDH adopted a policy which...

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