Stern v. Department of Environmental Protection

In Stern v. Department of Environmental Protection, (EHB Docket No. 2000-221-K, issued June 15, 2001), the DEP had granted an exemption to a developer in 1999 but later discovered that its sewerage plan called for a pressure driven system rather than a gravity-only fed system. The DEP then reconsidered the exemption request in 2000, which involved reviewing new information. The EHB found that because a new and different review was undertaken in 2000, the letter granting the exemption in 2000 was an appealable decision.