Buffalo Sewer Authority v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Weiss, J. P.

On March 10, 1987, respondent Department of Environmental Conservation (hereinafter DEC) promulgated an amendment to one of its regulations (6 NYCRR 754.1 [a] [5]) which would affect DEC’s authority to establish effluent limits for all discharges from publicly owned sewage treatment works based upon the treatment capability of a particular plant. Specifically, the proposed amendment would give DEC explicit authority to include in a State pollutant discharge elimination system (hereinafter SPDES) permit technology-based effluent limitations necessary to meet the…