NJ Superior Court Upholds Municipal Courts’ Jurisdiction to Issue Civil Penalties Under the N.J. Spill Act
Thanks to amendments to the New Jersey Spill Act in the summer of 2019, and the superior court, appellate division’s recent decision in NJDEP v. Alsol Corporation, No. A-3546-17T1, -- A.3d --, 2019 WL 5947024 (N.J. Super. App. Nov. 13, 2019), NJDEP has clear jurisdiction to bring civil penalty actions in municipal court for violations of the Spill Act. Among the summer 2019 amendments to the New Jersey Spill Act was the addition of an explanatory sentence at the end of N.J.S.A. 58:10-23.11u(d), the statutory section providing jurisdiction for NJDEP’s issuance of civil penalties in superior or municipal court, as shown by the underlining below.