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STATE, DEPT. OF ENVIR. PROTECT. v. MAZZA AND SONS, INC.

No. A-4097-07T1

966 A.2d 82 (2009)

406 N.J. Super. 13

STATE of New Jersey DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF COUNTY ENVIRONMENTAL AND WASTE COMPLIANCE ENFORCEMENT, Plaintiff-Respondent, v. MAZZA AND SONS, INC., Borough Property, L.L.C., Dominick J. Mazza, Individually, and James Mazza, Individually, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 2009.

Attorney(s) appearing for the Case

James G. Aaron, Newark, argued the cause for appellants (Ansell, Zaro, Grimm & Aaron, attorneys; Barry M. Capp, on the brief).

Gary W. Wolf, II, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Melissa Raksa, Deputy Attorney General, of counsel; Mr. Wolf, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the interpretation and application of Rule 4:67-6, which governs an action by a state agency for judicial enforcement of an administrative order.

I.

In April 2002, plaintiff Department of Environmental Protection (DEP) issued permits under the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -48, and the New Jersey Statewide Mandatory Source...

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