IN RE NJPDES PERMIT NO. NJ0025241


888 A.2d 454 (2006)

185 N.J. 474

In re NJPDES PERMIT NO. NJ0025241 Issued to Asbury Park City.

Supreme Court of New Jersey.

Decided January 11, 2006.


Attorney(s) appearing for the Case

Susan J. Kraham, Staff Attorney, Rutgers Environmental Law Clinic, argued the cause for appellant, Clean Ocean Action.

A. Colleen Malloy, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Environmental Protection (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Caroline K. Stahl, Deputy Attorney General, on the brief).


Justice LaVECCHIA delivered the opinion of the Court.

This appeal involves the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -43, and the hearing rights that it confers in respect of pollution discharge permits issued by the New Jersey Department of Environmental Protection (DEP). Specifically, we are called on to examine a hearing-right claim advanced by an entity, not the WPCA permit applicant, requesting "party" status pursuant to N.J.S.A....

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