Northeast Solite Corp. v. Flacke

OPINION OF THE COURT

Casey, J. P.

Petitioner Northeast Solite Corporation (petitioner) produces lightweight aggregate, a building material, at its processing facility in Ulster County. The production process involves on-site mining, crushing and heating of raw *58shale. The shale is heated in rotary kilns fired primarily with mixed industrial solvents and spent lubricating oils which petitioner has used as fuels. since prior to April, 1976. Petitioner’s facility includes an area for receiving, blending and storing the fuels, and an area for the storage of industrial wastes and heavy metals…