IN THE MATTER OF PEARL LEATHER REFINISHERS, INC., RESPONDENT, v.
GLOVERSVILLE-JOHNSTOWN JOINT SEWER BOARD, APPELLANT.
79 N.Y.2d 430, 593 N.E.2d 263, 583 N.Y.S.2d 809 (1992).
May 7, 1992
3 No. 78
Decided May 7, 1992
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Deborah H. Karalunas, for Appellant.
Preclusion, for Respondent.
PER CURIAM:
Respondent Pearl Leather Finishers is a leather finishing and painting
business located in the City of Johnstown. Pursuant to General
Municipal Law § 452, the City of Johnstown has enacted a sewer use
law, which is contained at article 17 of the Johnstown City Code.
Johnstown's sewer use law requires that each significant industrial
user and each major contributing industry obtain an industrial
wastewater discharge permit from the appellant Gloversville-Johnstown
Joint Sewer Board. Effective November 25, 1985, the respondent, a
major contributing industry as defined at § 17-201 (23) of the City
Code, was granted a permit to discharge industrial wastewater into the
public sewers served by the Gloversville-Johnstown Jointly Owned
Wastewater Treatment Facility.
Respondent disputed the sewer rents assessed by the appellant Sewer
Board and did not pay its sewer use bills for the period between
August 1986 until November 1987. Respondent was served with a notice
of violation and after a hearing, the Sewer Board determined that
respondent owed $8,388.05 in sewer rents. The Sewer Board ordered
payment within 14 days or else respondent's discharge permit would be
revoked. Respondent commenced this article 78 proceeding challenging
the Sewer Board's determination.
The Appellate Division, based on its review of the record, concluded
that there was a rational basis for the Sewer Board's calculation of
sewer rents due from respondent. The court agreed with respondent,
however, that the Sewer Board lacked the authority to revoke its
discharge permit. The Sewer Board appealed from that portion of the
Appellate Division's decision, and we granted leave to appeal to
SNIPPETS:
Preclusion, for Respondent.
Respondent Pearl Leather Finishers is a leather finishing and painting business located in
Pursuant to General Municipal Law § 452, the City of Johnstown has enacted a sewer use law,
Johnstown's sewer use law requires that each significant industrial user and each major
Respondent disputed the sewer rents assessed by the appellant Sewer Board and did not pay its
The Appellate Division, based on its review of the record, concluded that there was a
The Sewer Board appealed from that portion of the Appellate Division's decision, and we
While General City Law § 20 authorizes cities to establish and impose sewer rents, this must
Section 452 lists several ways in which a locality can recover unpaid sewer rents.
The local legislative body may maintain an action "as upon contract for sewer rents in
Alternatively, the local legislative body may draw up an annual statement showing the
may be provided by law for the collection and enforcement of city, county or town taxes."
This statute speaks directly to the problem of recovering past due sewer rents and gives
In our opinion, given the explicit nature of these remedies, the power of revocation must be
the Appellate Division was correct in holding that the Sewer Board's authority was derived
Chief Judge Wachtler and Judges Kaye, Titone, Hancock and Bellacosa concur.
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