New Jersey Dep't of Envtl. Protection v. Atlantic States Cast Iron Pipe Co

In New Jersey Dep't of Envtl. Protection v. Atlantic States Cast Iron Pipe Co., 241 N.J. Super. 591, 575 A.2d 895 (App.Div.1990), the Department of Environmental Protection (DEP) issued a temporary permit to install pollution control equipment. After regularly renewing the permit every ninety days over a three-year period, the DEP denied a further renewal on the ground that the permittee was not operating its equipment in accordance with the governing statute and regulations. The DEP rejected the permittee's request for a hearing, taking the position that "the permit is no more than a temporary operating certificate, valid for 90 days, issued for the purpose of pre-license testing of . . . air pollution control equipment . . . and is not a license for which there is a right of renewal." Id. at 592, 575 A.2d 895. However, the Court concluded that the temporary permit constituted "a form of approval and license which permitted the permittee to operate its business" and that it could not be "summarily revoked without a hearing." Id. at 603, 575 A.2d 895.