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MATTER OF ADOPTION OF N.J.A.C. 71I

291 N.J. Super. 183 (1996)

677 A.2d 218

MATTER OF ADOPTION OF N.J.A.C. 71I. TOWNSHIP OF VOORHEES, APPELLANT, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, ENVIRONMENTAL CLAIMS ADMINISTRATION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1996.

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellant (Levin & Hluchan, attorneys; Mr. Hluchan, of counsel; Terri-Anne Duda (A-4098-93T2) and Richard S. Morrison (A-3860-94T2), on the briefs).

Eileen P. Kelly, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Lawrence E. Stanley (A-4098-93T2), Assistant Attorney General, and Mary C. Jacobson (A-3860-94T2), Assistant Attorney General, of counsel; Ms. Kelly, on the briefs).

Before Judges LONG, MUIR, Jr. and LOFTUS.

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

The Sanitary Landfill Facility Closure and Contingency Fund Act (Closure Act), N.J.S.A. 13:1E-100 to -116, created a fund to pay for damages resulting from the improper operation or closure of sanitary landfills in New Jersey. Based on the Closure Act provision that recoverable damages include costs related to installation and maintenance of monitoring wells at an improperly closed sanitary landfill...

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