STATE, DEPT. OF ENV. PROT. v. ARKY'S AUTO. SALES


224 N.J. Super. 200 (1988)

539 A.2d 1280

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. ARKY'S AUTO SALES, NORMAN ARKY, AND STANLEY R. ARKY, DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS, AND FRANK DAIDONE, INDIVIDUALLY AND T/A GARDEN STATE STEEL DRUM CO., DEFENDANT, CROSS-RESPONDENT, AND THOMAS RICHARDS AND JOAN RICHARDS, INDIVIDUALLY AND T/A RICHARDS TRUCKING, AND RICHARDS TRUCKING INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1988.


Attorney(s) appearing for the Case

Benjamin Weiner argued the cause for appellants, cross-respondents (Weiner & Hendler, attorneys; Michael A. Zielinski on the brief).

Kenneth W. Elwell, Deputy Attorney General, argued the cause for respondent, cross-appellant (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; John A. Covino, Deputy Attorney General, on the brief).

No brief was filed on behalf of cross-respondent Frank Daidone, individually and t/a Garden State Steel Drum Co.

Before Judges FURMAN, LONG and SCALERA.


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

At issue on appeal and cross-appeal is liability for the costs of cleanup and removal of buried hazardous contaminants and pollutants on a 22-acre site in Marlboro Township, under the Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and common...

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