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New Jersey Dep't of Environmental Protection, Bureau of Solid Waste Compliance and Enforcement v. Mazza

June 28, 2010

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SOLID WASTE COMPLIANCE AND ENFORCEMENT, RESPONDENT,
v.
DOMINICK J. MAZZA AND MAZZA & SONS, INC., APPELLANTS.



On appeal from a Final Order of the Commissioner of the New Jersey Department of Environmental Protection, Docket No. PEA050008-132440(SW).

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: June 9, 2010

Before Judges Cuff and Fasciale.

Appellants Dominick J. Mazza and Mazza & Sons, Inc. operate a solid waste facility. Respondent New Jersey Department of Environmental Protection, Bureau of Solid Waste Compliance and Enforcement (NJDEP) assessed a $25,000 penalty after Dominick J. Mazza excluded one of two inspectors who appeared at his facility to conduct an inspection. He appealed and the matter was assigned to the Office of Administrative Law.

NJDEP filed a motion for summary disposition. The motion was granted by an administrative law judge, and the Commissioner of NJDEP adopted the decision. We review the disposition of a motion for summary disposition.

On appeal, Mazza admits he excluded an inspector, but argues that his motive for excluding the inspector created a material issue of fact that precluded summary disposition. We disagree.

We have carefully reviewed the record and the arguments presented by counsel and conclude that the decision of the agency is supported by sufficient credible evidence in the record as a whole and the issues presented by Mazza are without merit. R. 2:11-3(e)(1)(D).

Affirmed.

20100628

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