Spade Engineering Co. v. State, Department of Environmental Protection

FRANK, Acting Chief Judge.

Spade Engineering Company, James F. Spade, II and Rookery Bay Utility Company, collectively referred to as Rookery Bay, appeal from an order of contempt. We reverse because the order of contempt contains a defective purge provision with which it is impossible for the eontemnor to comply.

Rookery Bay had previously entered into a consent final judgment with the Department of Environmental Protection (DEP) after DEP filed suit against Rookery Bay for fail*975ure to remedy certain environmental problems associated with two wastewater facilities owned and operated by Rookery…