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DES CHAMPS LABORATORIES v. MARTIN

Docket No. A-3235-10T4.

47 A.3d 25 (2012)

427 N.J. Super. 84

DES CHAMPS LABORATORIES, INC., Appellant, v. Robert MARTIN, Commissioner, New Jersey Department of Environmental Protection, Respondent. R & K ASSOCIATES, LLC, Intervenor.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 2012.

Attorney(s) appearing for the Case

Daniel L. Schmutter argued the cause for appellant (Greenbaum Rowe Smith & Davis, LLP, attorneys; Mr. Schmutter , Jack Fersko and Jay A. Jaffe , Westfield, on the brief).

Kimberly A. Hahn , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Hahn , on the brief).

John M. Scagnelli argued the cause for intervenor (Scarinci & Hollenbeck, LLC, attorneys; Mr. Scagnelli , of counsel and on the brief; William A. Baker , Lyndhurst, and Kathleen J. Devlin , on the brief).

Before Judges SABATINO, ASHRAFI, and FASCIALE.

The opinion of the court was delivered by

SABATINO, J.A.D.

This appeal raises the question of whether the Industrial Site Recovery Act of 1993 ("ISRA"), N.J.S.A. 13:1K-6 to -14, the Site Remediation Reform Act of 2009 ("SRRA"), N.J.S.A. 58:10C-1 to -29, or any other statute authorizes the Department of Environmental Protection ("the Department" or "the DEP") to impose certain disputed obligations upon the owners or operators of industrial establishments...

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