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Flacke v. Onondaga Landfill Sys., Inc.

Citation: 17 ELR 20885
No. No. 82-2658, 507 N.E.2d 282/26 ERC 1717/69 N.Y.2d 355, (N.Y., 03/31/1987)

The court holds that the Department of Environmental Conservation (DEC) did not relinquish its jurisdiction over the closure of defendant's landfill by commencing an action to compel compliance with a DEC closure order. The court holds that the trial court and the DEC do not have concurrent jurisdiction over the closure of solid waste management facilities. The licensing and regulation of such facilities has been delegated to the DEC by statute. The court holds that the DEC's determination that the risk of contamination from defendant's unlicensed landfill was great, and that a sinking fund should be established to provide for monitoring and the possible replacement of a cap to be placed over the landfill, was rational and not arbitrary and capricious. The court also rejects the contention that statutory language indicates a legislative intent not to impose undue economic hardship on landfill operators. The DEC is not required to take into account the financial ability of an individual operator when assessing that operator's closure plan.

Counsel for Appellant
Alan S. Burstein, William J. Leberman
Scolaro, Shulman, Cohen, Lawler & Burstein
1064 James St., Syracuse NY 13203
(315) 471-8111

Counsel for Respondent
Robert Abrams, Attorney General
Department of Law, State Capitol, Albany NY 12224
(518) 474-7330

WACHTLER, C.J., and SIMONS, KAYE, TITONE, HANCOCK and BELLACOSA, JJ., concur.