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GAF CORP. v. NEW JERSEY DEPT. OF ENVIRON. PROT.

214 N.J. Super. 446 (1986)

519 A.2d 931

GAF CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1986.

Attorney(s) appearing for the Case

Hannoch Weisman, attorneys for appellant (Irvin M. Freilich, of counsel and John L. Laskey, on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondents (James J. Ciancia, Assistant Attorney General, of counsel and Paul H. Schneider, Deputy Attorney General, on the brief).

Before Judges ANTELL, BRODY and LONG.

The opinion of the court is delivered by ANTELL, P.J.A.D.

In Pub. Serv. Elec. & Gas v. Dept. of Env. Prot., 193 N.J.Super. 676 (App.Div. 1984), aff'd 101 N.J. 95 (1985) we found arbitrary a fee schedule for New Jersey Pollutant Discharge Elimination System (NJPDES) permits issued under the New Jersey Water Pollution Control Act,

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