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GATX TERM'L CORP. v. ENVIRONMENTAL PROT. DEP'T

173 N.J. Super. 531 (1980)

414 A.2d 980

GATX TERMINALS CORPORATION, A CORPORATION ORGANIZED UNDER THE LAWS OF DELAWARE, APPELLANT, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DANIEL J. O'HERN, COMMISSIONER, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND JOHN J. DEGNAN, NEW JERSEY ATTORNEY GENERAL, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1980.

Attorney(s) appearing for the Case

Charles J. Irwin argued the cause for appellant (Irwin & Post, attorneys).

Deborah T. Poritz, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General, attorney).

Before Judges ALLCORN, MORGAN and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

On this appeal GATX Corporation (GATX) challenges N.J.A.C. 7:1E-4.1 through N.J.A.C. 7:1E-4.24 which were promulgated by the New Jersey Department of Environmental Protection (DEP) pursuant to the Spill Compensation and Control Act (SCCA), N.J.S.A. 58:10-23.11 et seq.

GATX contends that the challenged regulations, an entire subchapter of the regulations governing "Discharges...

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