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ST. JAMES v. DEPT. OF ENVIRON. PROTECT.

275 N.J. Super. 342 (1994)

646 A.2d 447

PAUL ST. JAMES; A.P. DEVELOPMENT CORPORATION; AND STONEY FIELDS ESTATES MOBILE HOME PARK, PLAINTIFFS-APPELLANTS, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Christopher J. Hanlon argued the cause for appellants (Gross, Hanlon, Truss & Messer, P.C., attorneys, Mr. Hanlon and Kenneth W. Biedzynski on the brief, Mr. Biedzynski on the supplemental letter brief).

Susan Savoca, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney, Mary C. Jacobson, Assistant Attorney General, of counsel, Ms. Savoca and Sushila Nanda, Deputy Attorney General, on the brief, Ms. Savoca on the supplemental letter brief).

Before Judges KING, ARNOLD M. STEIN and RODRIGUEZ.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

The Department of Environmental Protection and Energy issued an order determining that appellants were water polluters and imposing a $6,750 penalty. The appellants requested a formal hearing. The DEPE refused to grant a hearing unless appellants first posted the proposed penalty amount in the form of a surety bond, irrevocable letter of credit or trust agreement or some other form of financial assurance...

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