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IN RE ADOPTION OF N.J.A.C. 7:1E

255 N.J. Super. 469 (1992)

605 A.2d 733

IN RE ADOPTION OF N.J.A.C. 7:1E. CHEMICAL INDUSTRY COUNCIL OF NEW JERSEY, APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION & ENERGY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1992.

Attorney(s) appearing for the Case

Michael J. Herbert argued the cause for appellant Chemical Industry Council of New Jersey (Picco, Mack, Herbert, Kennedy, Jaffe and Yoskin, attorneys; Michael J. Herbert, of counsel; Susan C. Gieser, on the brief).

Gerard D. Burke, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection and Energy (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; David W. Bosted, Deputy Attorney General, on the brief).

Before Judges SHEBELL and D'ANNUNZIO.

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

This appeal from the adoption of regulations first proposed on May 6, 1991, by the New Jersey Department of Environmental Protection and Energy (DEPE) to implement the July, 1990 amendments to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11d1-23.24, comes to us on an expedited schedule. The DEPE repealed the previous provisions

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