07-01-09 TAC ASSOCIATES V. NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION and THE NEW JERSEY ECONOMIC
DEVELOPMENT AUTHORITY
A-1044-08T1
In this appeal, we invalidate N.J.A.C. 19:31-8.2, a
regulation promulgated by the New Jersey Economic Development
Authority (EDA) to implement certain sections of the Hazardous
Discharge Site Remediation Fund. We determine that the
regulatory definition for eligibility to a special revolving
fund, established by the Legislature for the purpose of
financing remediation activities, is inconsistent with the
statutory criteria in N.J.S.A. 58:10B-6(b)(4).
Richard Sadowski
Assistant Editor
