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VI-CONCRETE CO. v. STATE, DEPT. OF ENVIR. PRO.

220 N.J. Super. 176 (1987)

531 A.2d 1039

VI-CONCRETE COMPANY, APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 17, 1987.

Attorney(s) appearing for the Case

Maressa, Goldstein, Birsner, Patterson & Drinkwater, attorneys for appellant (David C. Patterson, on the brief and reply letter brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent (Michael R. Clancy, Deputy Attorney General, of counsel; A. Colleen Malloy, Deputy Attorney General, on the brief).

Before Judges KING, DEIGHAN and HARVEY.

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

Plaintiff VI-Concrete Company (VI-Concrete) appeals from the issuance of a New Jersey Pollutant Discharge Elimination System (NJPDES) permit by the Department of Environmental Protection (DEP) without an application having been made for it. The permit required, as a condition thereof, the installation of ground water wells on a site at Columbia Avenue, Atco, in Waterford Township upon which a landfill previously...

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