ELG Utica Alloys, Inc. v. Department of Environmental Conservation

Lahtinen, J.P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Environmental Conservation which denied petitioner’s application to reclassify certain of its property on the registry of inactive hazardous waste disposal sites.

Petitioner owns an approximately 21-acre parcel (hereinafter the site) in the City of Utica, Oneida County, on which Universal Waste, Inc.* operated a scrap metal business beginning in the 1950s. The Mohawk River flows in close proximity to the…