ELR Citation: 47 ELR 20137
No(s). A-4547-15T4 (N.J. Sup. Ct. Oct 27, 2017)

A New Jersey appellate court held that the state environmental agency properly ordered a theme park to decommission a well used for drinking water after it twice tested positive for E. coli. The well in question tested positive in October 2010, and again in September 2011. The theme park requested that the agency consider the positive tests an anomaly as previous tests had come back negative and the recent storm, Hurricane Irene, could have affected the results. The agency ordered the theme park to dig an new well, which it did in 2012. In April 2013, the agency ordered the theme park to decommission the infected well and the decision was finalized in 2016. The park sought to overturn the decision, challenging it as arbitrary and capricious. The court disagreed, finding that it is the agency's responsibility to protect public drinking water and there was substantial evidence that the agency acted appropriately. The ruling was affirmed.