Flacke v. Bio-Tech Mills, Inc.

— Cross appeals from an order and judgment of the Supreme Court at Special Term (Cerrito, J,), entered January 27, 1983 in Albany County, which granted an injunction to plaintiff and assessed penalties of $10,000 against defendant. Defendant has operated a small paper mill on the Batten Kill in Washington County since 1973. It was granted a permit in February, 1977 by the Department of Environmental Conservation (DEC) to discharge certain amounts of effluents into the river within limitations set forth in its State Pollutant Discharge Elimination System (SPDES) permit. This permit required…