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PUB. SERV. ELEC. & GAS CO. v. DEPT. OF ENV. PROT.

193 N.J. Super. 676 (1984)

475 A.2d 665

PUBLIC SERVICE ELECTRIC AND GAS COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, JERSEY CENTRAL POWER & LIGHT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND ATLANTIC CITY ELECTRIC COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, APPELLANTS, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE STATE OF NEW JERSEY, RESPONDENTS. ROLLINS ENVIRONMENTAL SERVICES, (N.J.), INC., APPELLANT, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT. MAGNESIUM ELEKTRON, INC., A NEW JERSEY CORPORATION, APPELLANT, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1984.

Attorney(s) appearing for the Case

Scott M. Duboff argued the cause on behalf of appellants Public Service Electric and Gas (Bischoff, Lieberman, Cook, Purcell, and Reynolds, attorneys).

Paul H. Schneider, Deputy Attorney General argued the cause for respondents N.J. Department of Environmental Protection (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel and Paul H. Schneider on the brief).

Alvin E. Granite argued the cause for appellant Rollins Environmental Services (Granite and Heim, attorneys; Alvin E. Granite and Craig H. Klayman on the brief).

I. Leo Motiuk argued the cause for appellant Magnesium Elektron, Inc. (Schaff, Motiuk, Hornby, Gladstone & Knox, attorneys; I. Leo Motiuk on the brief).

Before Judges ANTELL, JOELSON and McELROY.

The Opinion of the Court was delivered by, ANTELL, P.J.A.D.

The New Jersey Department of Environmental Protection (DEP) is responsible for issuing permits as part of a program regulating the discharge of pollutants into surface waters. Its authority is derived from the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., which was enacted in order for the State of New Jersey to administer federally mandated programs aimed at prohibiting...

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