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Thursday, March 26, 2009

03-19-09 Dept of Environmental Protection, Bureau of County Environmental and Waste Compliance Enforcement v. Mazza and Sons A-4097-07T1

03-19-09 Dept of Environmental Protection, Bureau of County Environmental and
Waste Compliance Enforcement v. Mazza and Sons A-4097-07T1

03-19-09 State of New Jersey Department of Environmental
Protection, Bureau of County Environmental and
Waste Compliance Enforcement v. Mazza and Sons, Inc.,
Borough Property, L.L.C., Dominick J. Mazza,
Individually, and James Mazza, Individually
A-4097-07T1

A party who has not filed a timely appeal from a final
administrative agency order may not collaterally attack that
order in an enforcement action by the agency under Rule 4:67-6.
However, an agency is not automatically entitled to a judicial
enforcement of an administrative order simply by filing a
complaint in the Chancery Division; to obtain such enforcement,
the agency must show that the party to whom the order was
directed failed to comply and necessary to secure compliance.