10-19-07 A-5940-05T1
In this environmental enforcement action under the Water
Pollution Control Act (Act), N.J.S.A. 58:10A-1 to -35, we upheld
a civil administrative penalty of $604,110 against a developer
for not securing a DEP permit for sewer hookup prior to
construction of a major residential development, even though
there was no discharge of pollutants. We rejected defendant's
contention that its violation was "minor" and therefore exempted
as falling within the Grace Period Law, N.J.S.A. 13:1D-125 to
-133, finding instead that the violation was purposeful,
irremediable, and undermines the very purpose of the dry-sewer
law prohibitions under the Act. As to the latter, we conclude
that defendant's failure to obtain pre-approval deprived the DEP
of its authority to decide, in the first instance, whether the
project may adversely affect sewer infrastructure and statewide
water quality.
