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NJ. DEP v. BAYSHORE REG. SEW. AUTH.

773 A.2d 1215 (2001)

340 N.J. Super. 166

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner-Respondent, v. BAYSHORE REGIONAL SEWERAGE AUTHORITY, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 2001.

Attorney(s) appearing for the Case

Granata, Wernik & Zaccardi, Matawan, for appellant (Louis E. Granata, on the brief).

John J. Farmer, Jr., Attorney General, for respondent (Mary C. Jacobson, Assistant Attorney General, of counsel; Robert A. Marshall, Deputy Attorney General, on the brief).

Before Judges A.A. RODRIGUEZ, COLLESTER and FALL.

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

In this appeal we reject the contention by a local sewerage treatment authority that the Sewerage Authority Law (SAL), N.J.S.A. 40:14A-1 to -37, precludes regulation by the Department of Environmental Protection (DEP). Therefore, the DEP Commissioner did not err by failing to recognize the authority's immunity from the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -60, and DEP...

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