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GLOUCESTER CTY. IMPROVEMENT AUTHORITY v. NEW JERSEY DEPT.

917 A.2d 833 (2007)

391 N.J. Super. 244

GLOUCESTER COUNTY IMPROVEMENT AUTHORITY, Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 2007.

Attorney(s) appearing for the Case

Joseph J. McGovern, Marlton, argued the cause for appellant (Parker McCay, attorneys; Stacy L. Moore, Jr., of counsel; Mr. McGovern, on the brief).

Bruce A. Velzy, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Maria G. Kelly, Deputy Attorney General, on the brief).

Before Judges SKILLMAN, LISA and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether the recipient of a notice of violation of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -225, which orders the immediate cessation of operation of a solid waste facility, is entitled to a hearing to challenge that order. We conclude that such a notice is an order of abatement within the intent...

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