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MATTER OF ADOPTION OF N.J.A.C. 7:1I

149 N.J. 119 (1997)

693 A.2d 97

IN THE MATTER OF THE ADOPTION OF N.J.A.C. 7:1I. TOWNSHIP OF VOORHEES, PETITIONER-RESPONDENT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ENVIRONMENTAL CLAIMS ADMINISTRATION, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 15, 1997.

Attorney(s) appearing for the Case

Eileen P. Kelly, Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel)

Richard M. Hluchan argued the cause for respondent (Levin & Hluchan, attorneys; Richard S. Morrison, on the brief).

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

This appeal involves the Township of Voorhees's suit to recover environmental remediation expenses under the Sanitary Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116. The primary issue is whether Voorhees is liable under the Closure Act as an "owner" and, therefore, barred from seeking remediation expenses from that Act's Contingency Fund (the Fund). The...

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