Search Rutgers Law Library N.J. Court Opinions

1 DES CHAMPS LABORATORIES, INC v. ROBERT MARTIN -- rank: 1000

... Department a DQE affidavit from Mr. Des Champs, pursuant to N.J.S.A. 13:1K-9.7 and former N.J.A.C. 7:26B-2.3 ... the Legislature included within ISRA a specific DQE provision. See N.J.S.A. 13:1K-9.7. However, unlike the revised DQE regulations previously adopted in 1989 by the Department under ECRA, the statutory DQE provision, N.J.S.A. 13:1K-9.7, did not specify that applicants for a DQE must file ... aggregate, hydraulic or lubricating oil, does not exceed 220 gallons . [ N.J.S.A. 13:1K-9.7 (emphasis added).] Similarly, DQE regulations thereafter issued pursuant to ISRA ... not impose such conditions within the DQE provisions codified at N.J.S.A. 13:1K-9.7. Nothing in the legislative history of ISRA states that the ... Legislature's adoption of a statutory de minimis exemption in N.J.S.A. 13:1K-9.7 codifies the traditional common-law doctrine of " de minimis ...

docket:	a3235-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-06
status:	published
citation:	427 N.J.Super. 84 47 A.3d 25
Document Size:	79786

2 R&K ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 659

... of operation or transfer of business – as well as N.J.S.A. 13:1K-9.7, which sets forth the DQE as an alternative to ISRA ... certified by a licensed site remediation professional." (emphasis added). Additionally, N.J.S.A. 13:1K-9.7 states that "[t]he owner or operator of an industrial ... 96 (citation omitted). The Legislature specifically enacted the DQE provision, N.J.S.A. 13:1K-9.7, to avoid the "strict enforcement" of existing "obligations upon owners ... appears in N.J.S.A. 13:1K-9 and N.J.S.A. 13:1K-9.7, logically should be read to include former owners. See Simpkins ...

docket:	a4177-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-10
status:	unpublished
citation:
Document Size:	61379

3 R&K ASSOCIATES LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 638

... Champs submitted to the DEP a DQE affidavit, pursuant to N.J.S.A. 13:1K-9.7 and former N.J.A.C. 7:26B-2.3 ... responsible for contamination would potentially be made more difficult. 6 N.J.S.A. 13:1K-9.7; see also Des Champs I , supra , 427 N.J. Super ... of hazardous materials at the establishment never exceed certain thresholds. N.J.S.A. 13:1K-9.7. 4 ECRA refers to the Environmental Cleanup Responsibility Act, a ...

docket:	a0413-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	41626

4 RK ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION COMPLIANCE AND ENFORCEMENT and DES CHAMPS LABORATORIES INC -- rank: 428

... quantity exemption ('DQE') under the Industrial Site Recovery Act ('ISRA'), N.J.S.A. 13:1K-9.7, and the associated ISRA regulations, N.J.A.C. 7 ... January 2009, Des Champs applied for a DQE pursuant to N.J.S.A. 13:1K-9.7, seeking an exemption from the strict liability remediation requirements of ...

docket:	a1475-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-19
status:	Unpublished
citation:
Document Size:	25976