Industrial Liaison Committee of the Niagara Falls Chamber of Commerce v. Flacke

OPINION OF THE COURT

Lawrence E. Kahn, J.

On October 5, 1982, the New York Department of Environmental Conservation (DEC) issued a State Pollution Discharge Elimination System (SPDES) permit, which established guidelines for discharge by the Niagara Falls Wastewater Treatment Plant (NFWTP), into the Niagara River. The instant CPLR article 78 proceeding was commenced on or about December 3, 1982, and originally returnable on February 11, 1983. Upon stipulation between the parties, the matter was adjourned on numerous occasions, finally being submitted on May 11,1984 to this court for…