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STATE, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. STANDARD TANK

284 N.J. Super. 381 (1995)

665 A.2d 753

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. STANDARD TANK CLEANING CORP., STANDARD MARINE SERVICES, INC., EVELYN BERMAN FRANK, AND PETER MALCOLM FRANK, DEFENDANTS-CROSS-RESPONDENTS, AND JANE KRESCH AND SUSAN FRANK, DEFENDANTS-APPELLANTS-CROSS-RESPONDENTS, AND ESTATE OF NATHAN BERMAN AND ESTATE OF MORRIS BERMAN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1995.

Attorney(s) appearing for the Case

Gelenitis & McGuire, attorneys for appellants-cross-respondents Jane Kresch and Susan Frank and for cross-respondent Peter Malcolm Frank (Paul Gelenitis, on the brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent-cross-appellant (Mary C. Jacobson, Assistant Attorney General, of counsel; Masha D. Rozman, Deputy Attorney General, on the brief).

No briefs have been filed on behalf of cross-respondents Standard Tank Cleaning Corp., Evelyn Berman Frank and Standard Marine Services, Inc.

Before Judges SKILLMAN, WALLACE and KLEINER.

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

This appeal requires us to determine the circumstances under which officers and directors of a corporation may be held personally liable for violations of the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -43, and the fairness of the trial procedures pursuant to which the appellant corporate officers were held liable for substantial monetary penalties. The other significant issue presented...

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