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NEW JERSEY DEP v. ATLANTIC STATES

241 N.J. Super. 591 (1990)

575 A.2d 895

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. ATLANTIC STATES CAST IRON PIPE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 1990.

Attorney(s) appearing for the Case

David Sweet argued the cause for appellant (Collier, Jacob & Sweet, attorneys; David Sweet and Alan G. Lesnewich, on the brief).

Michael S. Caro, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Paul H. Schneider, Deputy Attorney General, of counsel; Michael S. Caro, on the brief).

Before Judges SHEBELL, BAIME and KEEFE.

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

This appeal involves a dispute between defendant Atlantic States Cast Iron Pipe Company (Atlantic States) and plaintiff Department of Environmental Protection (DEP) as to whether a certificate issued by DEP to Atlantic States on August 4, 1989, entitled "PERMIT TO CONSTRUCT, INSTALL OR ALTER CONTROL APPARATUS OR EQUIPMENT," may be revoked, or its renewal denied by DEP without an adjudicatory administrative...

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