DVC Industries, Inc. v. Flacke

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated December 23, 1980, which assessed a penalty of $18,000 against petitioner for violations of conditions contained in petitioner’s State pollution discharge elimination system permit, and enjoined petitioner from continuing discharges into the ground water of the State in violation of its permit. Determination confirmed and proceeding dismissed on the merits, with costs. The assessment of an $18,000 penalty against petitioner and enjoining it…