Environmental Protection

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Air Pollution
Acrid odor constituted air pollution because it interfered with the enjoyment of fresh air in the residential neighborhood adjacent to respondent's plant. Decision: 13 N.J.A.R. 416
Petitioner violated the notification provision of the air pollution law by not notifying DEP promptly that there was an accidental release of chemical into the air. A $10,000 penalty was appropriate, but a DEP penalty schedule should have been promulgated as a rule. Decision: 13 N.J.A.R. 791
Regulations defining air pollution are not unconstitutionally vague. Petitioners violated the regulations even though there was no evidence of actual injury to the public. Decision: 13 N.J.A.R. 791
Commissioner's Authority
Given the Commissioner's power under N.J.S.A. 58:10A-6 to require an individual obtaining a dis- charge permit to install monitoring equipment, the Commissioner has the same authority even when no permit is sought but an unpermitted discharge is discovered. Decision: 3 N.J.A.R. 339
Estoppel
The State is not estopped from denying a sewer ban exemption where expenditures made were not made in reliance upon any extended failure bythe State to follow its own regulations or upon any advice that no sewer ban was in effect. Decision: 3 N.J.A.R. 307
Landfills
All landfills, open or dosed, are subject to the Water Pollution Control Act. Decision: 12 N.J.A.R. 289
Operating Permits
The operating permit regulation is a strict liability provision. Decision: 13 N.J.A.R. 791
Penalty
Where no evidence as to the reasonableness of a penalty is presented, an administrative law judge may rely on the guidelines contained in established rules to assess an appropriate penalty. Decision: 3 N.J.A.R. 339
Enhanced penalties for air pollution are reasonable because respondent knew about the problem and had been warned of liability for enhanced penalties. Decision: 13 N.J.A.R. 416
Substantial penalties for air pollution are necessary to deter future violations. Decision: 13 N.J.A.R. 416
Sewer Extension
To qualify for a sewer extension ban exemption, it must be shown that substantive expenditures had been made in good faith reliance upon an approval or permit. . Decision: 3 N.J.A.R. 307
Unpermitted Discharge
Given the Commissioner's power under N.J.S.A. 58:10A-7 to require an individual obtaining a dis- charge permit to install monitoring equipment, the Commissioner has the same authority even when no permit is sought but an unpermitted discharge is discovered. Decision: 3 N.J.A.R. 339
Water Testing
Where it is difficult to locate probable sources of pollution other than petitioner it may be presumed that the source of such pollution is petitioner. Decision: 4 N.J.A.R. 117
Visual observations, verified by laboratory analysis, establishes a sufficient base upon which to test water quality. Decision: 4 N.J.A.R. 117