(Download) "Matter Haz-O-Waste Corporation v. Henry G. Williams" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Haz-O-Waste Corporation v. Henry G. Williams
- Author : Supreme Court of New York
- Release Date : January 13, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Determination unanimously confirmed and petition dismissed, without costs. Memorandum: There is substantial evidence to support respondents determination that petitioner illegally stored cyanide wastes (see Matter of 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176; ECL 27-0305, subd 1; 6 NYCRR 360.2). Although petitioner was specifically directed on April 20, 1979 not to "accept, store, transport or dispose of any wastes significantly contaminated with cyanides or cyanide compounds", inspections of petitioners facility on June 4, 1981 and September 23, 1981 revealed that petitioner was storing cyanide wastes. Indeed, during each inspection petitioners president pointed out a number of barrels of cyanide on the premises. The $10,000 civil penalty imposed was not so disproportionate to the offense as to shock ones sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233). We note that petitioners claim of a denial of due process was not raised in its pleadings or at the administrative hearing and therefore, is not properly before us for review (see Matter of Town of Candor v Flacke, 82 A.D.2d 951, 952). We have considered the remaining points raised by petitioner and preserved for review and have found each of them lacking in merit.