New Jersey Department of Environmental Protection v.
Ofra Dimant (A-2-11; 067993)
To obtain damages under the Spill Act, the DEP must demonstrate, by a preponderance of the evidence, a reasonable connection between the discharge, the discharger, and the contamination at the damaged site. The proofs failed to establish a sufficient nexus between the groundwater contamination and Sue’s discharge during its operation. 9-26-12
