Recycling Inc. contests permit denial

The Milford (Connecticut) Mirror reports Recycling Inc. has filed an appeal to the state Appellate Court in response to the decision by the Department of Energy and Environmental Protection (DEEP) to deny the company a permit to operate a facility in the Housatonic Design District (HDD). 

According to the article, DEEP Deputy Commissioner Susan K. Whalen revoked Recycling Inc.’s general permit to operate a Milford recycling facility Feb. 5, 2015, as well as denied its pending application to obtain an individual recycling permit. The company’s subsequent appeal to the Superior Court was denied by Judge Henry S. Cohn Jan. 20, 2016, leading the company to appeal the ruling Feb. 20, 2016.

Recycling Inc. argued it was denied due process at the administrative hearing conducted by DEEP hearing officer Janice Deshais and that DEEP Commissioner Rob Klee was biased as a result of his conversations with the city regarding the company’s ownership. Cohn rejected both claims, the article says. 

Cohn also rejected Recycling Inc.’s claim that the penalties of denial and revocation were too severe, citing a case supporting the idea that a penalty cannot be successfully challenged unless it has been abused. 

“The record does not support a finding of abuse of discretion,” Cohen writes.