612 ASSOC. v. NORTH BERGEN MUN.

A-13 September Term 2011, 067931

71 A.3d 749 (2013)

215 N.J. 3

612 ASSOCIATES, L.L.C., Plaintiff, v. NORTH BERGEN MUNICIPAL UTILITIES AUTHORITY, Defendant-Respondent, v. North Hudson Regional Sewer Authority, Defendant-Appellant, and New Jersey Department Of Environmental Protection, Defendant.

Supreme Court of New Jersey.

Decided March 7, 2013.


Attorney(s) appearing for the Case

Alan L. Zegas argued the cause for appellant (Mr. Zegas and Leanza & Agrapidis, attorneys; Mr. Zegas, Judson L. Hand , Chatham, and Frank Covello , Hasbrock Heights, on the briefs).

William J. Conway argued the cause for respondent (Johnson & Conway, attorneys).

E. Neal Zimmermann argued the cause for amicus curiae Bergen County Utilities Authority (Waters, McPherson, McNeill, attorneys; Laurence R. Maddock , Secaucus, on the brief).

Debra J. Surgan , Livingston, submitted a brief on behalf of amicus curiae Warren Township Sewerage Authority (Post, Polak, Goodsell, MacNeill & Strauchler, attorneys; Robert A. Goodsell , Roseland, of counsel).

Paul H. Schneider , Red Bank, submitted a brief on behalf of amicus curiae New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys).


Justice HOENS delivered the opinion of the Court.

Our Legislature has long expressed its view that it is in the public interest to protect our water and, in furtherance of that public interest, it has acted to promote the safety of our water supply in a variety of ways. One of the ways in which our Legislature has given voice to this strong public policy concern has been through the enactment of statutes that "reduce and ultimately abate the menace

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