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1 STATE OF NEW JERSEY v. PARAMOUNT MARINAS, LLC -- rank: 1000

... oversight of the DEP, the subject ordinance is preempted by N.J.S.A. 40:48-2.57. 4 Judge Mellaci rejected these arguments, denied defendant's motion ... applied to the facts of this case, is preempted by N.J.S.A. 40:48-2.57, which reads as follows: No ordinance governing the investigation or ... aimed at "the investigation or cleanup of historic pesticide contamination," N.J.S.A. 40:48-2.57, nor does it attempt to regulate the "remediation of contaminated ... thwart the state-wide goals of environmental remediation expressed in N.J.S.A. 40:48-2.57. As Judge Mellaci noted, defendant could have satisfied the remediation ... objective of cleaning up historic pesticide contamination as regulated by N.J.S.A. 40:48-2.57. Affirmed. 1 On August 24, 2004, defendant also received final ... site to provide public notice of its remediation efforts. 4 N.J.S.A. 40:48-2.57 provides as follows: No ordinance governing the investigation or ...

docket:	a5264-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-18
status:	unpublished
citation:
Document Size:	51164