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VI-CONCRETE CO. v. STATE, D.E.P.

115 N.J. 1 (1989)

556 A.2d 761

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

The Supreme Court of New Jersey.

Decided April 19, 1989.

Attorney(s) appearing for the Case

David C. Patterson argued the cause for appellant (Maressa, Goldstein, Birsner, Patterson & Drinkwater, attorneys).

A. Colleen Malloy, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General, attorney; Michael R. Clancy Deputy Attorney General, of counsel).

Robert A. Marshall submitted a brief on behalf of amicus curiae Consolidated Rail Corporation (Montgomery, McCracken, Walker & Rhoads, attorneys).

Timothy S. Haley and Stefanie A. Brand submitted a brief on behalf of amicus curiae Township of Voorhees (Gordon, Gordon & Haley, attorneys).

The opinion of the Court was delivered by STEIN, J.

In this case we consider whether the authority conferred on the New Jersey Department of Environmental Protection (DEP) by the Water Pollution Control Act, N.J.S.A. 58:10A-1 to -20 (Act or Pollution Control Act), is sufficient to enable DEP to compel the present owners of closed sanitary landfill sites to bear the cost of installing and maintaining monitoring wells on such sites. The wells are intended to...

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