Lacey Municipal Utilities Authority v. New Jersey Department of Environmental Protection

The opinion of the court was delivered by

SHEBELL, P.J.A.D.

This is an appeal from the January 3, 1995 denial by the Administrator of the Spill Compensation Fund (Fund) of two Spill Fund claims brought by the Lacey Municipal Utilities Authority (Lacey) on the ground that they were filed “later than one year from the date of discovery of damage” contrary to N.J.S.A. 58:10— 23.11k. We reverse as to both claims and remand to the Fund for consideration of the merits of the claims.

On November 18, 1986, and January 6, 1987, a residential potable well located at 331 Constitution Drive, Lacey Township,…