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In re In re Applicability of ECRA to the Robert L. Mitchell Technical Ctr.

ELR Citation: 18 ELR 20847
Nos. No. A-5451-86T7, 538 A.2d 410/223 N.J. Super. 166, (N.J. Super. Ct. App. Div., 03/01/1988)

The court holds that a research and development facility is subject to the requirements of the New Jersey Environmental Cleanup Responsibility Act (ECRA) as an auxiliary facility to a manufacturing establishment. The research facility falls within the Standard Industrial Classification Manual's definition of auxiliary establishments. The fact that the research efforts are primarily directed at new materials not currently manufactured by the company does not remove the facility from the definition of an auxiliary establishment, since the facility's primary purpose is to find new materials for its own commercial use. The court notes that ECRA provides the company with the alternative of applying for a declaration that there have been no discharges of hazardous substances at the site or that such conditions have been cleaned up. The court holds that the Department of Environmental Protection's application of ECRA to auxiliary operations does not violate equal protection and is not void for vagueness in violation of due process.

Counsel for Petitioners
Robert Del Tufo
Hannoch Weisman
4 Becker Farm Rd., Rosland NJ 07068
(201) 535-5300

Counsel for Respondents
Paul H. Schneider, Deputy Attorney General
Department of Law & Public Safety
8th Fl., Justice Complex, CN080, Trenton NJ 08625
(609) 292-8740

Before Judges PRESSLER, BILDER and GIBSON.