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MATTER OF WATER SUPPLY CRITICAL AREA

233 N.J. Super. 280 (1989)

558 A.2d 1321

IN THE MATTER OF WATER SUPPLY CRITICAL AREA NO. 2. EVESHAM MUNICIPAL UTILITIES AUTHORITY AND WILLINGBORO MUNICIPAL UTILITIES AUTHORITY, APPELLANTS, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 1989.

Attorney(s) appearing for the Case

Edward A. Kondracki argued the cause for appellant Evesham Municipal Utilities Authority (Davis, Reberkenny & Abramowitz, attorneys).

Ronald E. Bookbinder argued the cause for appellant-intervenor Mount Laurel Township Municipal Utilities Authority (Bookbinder, Guest & Domzalski, attorneys, Nancy T. Abbott, on the letter brief).

John T. Barbour argued the cause for appellant Willingboro Municipal Utilities Authority (Barbour & Costa, attorneys).

Paul A. Schneider, Deputy Attorney General, argued the cause for respondent the Department of Environmental Protection (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney, Michael R. Clancy, Deputy Attorney General, of counsel, Dorothy M. Highland, Deputy Attorney General, on the brief).

John E. Harrington argued the cause for respondent-intervenor Town of Maple Shade (Dyer, Hendren & Harrington, attorneys).

Robert M. Washburn argued the cause for amicus curiae, Builders League of South Jersey (Sherman, Silverstein & Kohl, attorneys).

Before Judges KING, BRODY and ASHBEY.

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

This appeal is taken from an administrative order of October 24, 1986 issued by the Department of Environmental Protection (DEP). The order declared "the establishment of Water Supply Critical Area No. 2" and ordered "that the Procedures for Implementation of Water Supply Critical Area No. 2 ... be followed by all affected purveyors and users of water within the critical area, effective this date." The implicated...

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