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MATTER OF ELG UTICA ALLOYS, INC. v. DEPARTMENT OF ENVTL. CONSERVATION

517000.

116 A.D.3d 1200 (2014)

983 N.Y.S.2d 668

In the Matter of ELG UTICA ALLOYS, INC., as Successor by Merger to UNIVERSAL WASTE, INC. et al., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided April 10, 2014.

Lahtinen, J.P.

Petitioner owns an approximately 21-acre parcel (hereinafter the site) in the City of Utica, Oneida County, on which Universal Waste, Inc.* operated a scrap metal business beginning in the 1950s. The Mohawk River flows in close proximity to the north side of the site and there is a wetland on the site's east border. The site is upgradient from the river and wetland and is within a flood plain. The site, wetlands and river...

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