DEP v. Larchmont Farms

In DEP v. Larchmont Farms, 266 N.J. Super. 16, 628 A.2d 761 (App.Div.1993), the Court held that the ten-year limitations provision in N.J.S.A. 2A:14-1.2 applied to the DEP's claim brought under the Pesticide Act, and not the two-year statute of limitations under N.J.S.A. 2A:14-10 applicable to forfeiture actions brought under a penal statute because the Pesticide Act did not envision forfeiture as a remedy. 266 N.J. Super. at 33-34, 628 A.2d 761. Noting that there was no express and clear language in N.J.S.A. 2A:14-10 applying the forfeiture statute to the State's action under the Pesticide Act, the Court concluded that the general ten-year limitations provision should apply. Ibid.