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NEW JERSEY DEPE v. T.E. WARREN

270 N.J. Super. 546 (1994)

637 A.2d 591

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, PLAINTIFF-APPELLANT, v. T.E. WARREN, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1994.

Attorney(s) appearing for the Case

Thalia P. Cosmos, Deputy Attorney General, argued the cause for appellant (Fred DeVesa, Acting Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Cosmos, on the brief).

George G. Rosenberger, Jr., argued the cause for respondent (Butler, Butler, Rosenberger & Farrell, attorneys; Mr. Rosenberger, on the brief).

Before Judges BRODY, STERN and KEEFE.

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

The Division of Fish, Game and Wildlife in the Department of Environmental Protection and Energy (DEPE) brought this action in the special civil part, allegedly pursuant to N.J.S.A. 23:5-28c, to exact a penalty against defendant for placing "deleterious ... substances" into the fresh or tidal waters of the State, an alleged violation of N.J.S.A. 23:5-28a. DEPE presented evidence that in developing...

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