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NEW JERSEY DEP. v. MARISOL, INC.

845 A.2d 147 (2004)

367 N.J. Super. 614

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION/HAZARDOUS WASTE COMPLIANCE AND ENFORCEMENT, Petitioner-Respondent, v. MARISOL, INCORPORATED, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 2004.

Attorney(s) appearing for the Case

Martha N. Donovan, Bridgewater, argued the cause for appellant (Norris, McLaughlin & Marcus, attorneys; Edward A. Hogan, of counsel; Ms. Donovan and Suzana D. Loncar, on the brief).

James T. Hill, Jr., Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Hill, on the brief).

Before Judges SKILLMAN, COBURN and WELLS.

The opinion of the court was delivered by

WELLS, J.A.D.

The present appeal invites us to consider whether, after an eight-year delay in adopting regulations implementing a statutory grace period, N.J.S.A. 13:1D-127 to -133 (the Grace Period Law or Law), the Department of Environmental Protection (DEP) may proceed to determine that the Law does not apply to alleged violations of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -207,...

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