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4 N.J.A.R. 117

Lentine Aggregates v. Environmental Protection, Department of
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Citation: 4 N.J.A.R. 117
Decision Date: 1981
Agency: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Synopsis: Petitioner contested the assessment of $6,900 in administrative pen- alties based on its failure to meet the requirements of the Water Pollution Control Act, N.J.S.A 58:10A-1 et seq. The administrative law judge found that the water testing done at the petitioner's rock quarry indicated that oil, grease and total suspended solids present in the water exceeded permitted levels. The judge noted that while the origin of the oil and grease was not identified by the charging agency it would be difficult to locate prob- able sources other than petitioner since its operations dominate an otherwise rustic landscape. In addition, the judge rejected petitioner's argument that the agency's testing program was inadequate. He found that the consistent body of testimony concerning visual observations, verified by laboratory analysis, established a sufficient base upon which to conclude that the discharge traceable to petitioner e[ceeded permitted levels. Accordingly, the administrative law judge c.oncluded that the fine assessed was appropriate. Stephen Gold, Esq. for petitioner (Gold & Gold, attorneys) Paul H. Schneider, Deputy Attorney General for Respondent (John J. Degnan, Attorney General of New Jersey, attorney)