A.A. MASTRANGELO, INC., AVON LANDFILL CORP., IMPAC, INC., INDUSTRIAL HAULAGE CORP., INTERCITY SERVICE, INC., UNITED CARTING COMPANY, INC., AND WASTE DISPOSAL, INC., APPELLANTS,
v.
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENTS. THE COUNTY OF UNION, THE CITY OF ELIZABETH AND THE BOROUGH OF KENILWORTH, APPELLANTS,
v.
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, RESPONDENT. THE BOROUGH OF KENILWORTH, APPELLANT,
v.
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, RESPONDENTS. CITY OF ELIZABETH, APPELLANT,
v.
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued December 14, 1981.
Decided August 11, 1982.
Attorney(s) appearing for the Case
Theodore A. Schwartz and Alfred V. Gellene argued the cause for appellants A.A. Mastrangelo, Inc., Avon Landfill Corp., Impac, Inc., Industrial Haulage Corp., Intercity Service, Inc., United Carting Company, Inc., and Waste Disposal, Inc., (Schwartz, Steinberg, Tobia, Stanziale & Gordon and Budd, Larner, Kent, Gross & Picillo, attorneys; Alfred V. Gellene, on the briefs).
Marvin Lehman, Special Counsel, argued the cause for appellant City of Elizabeth (Frank P. Trocino, City Attorney, attorney).
George Perselay, Assistant County Counsel, on behalf of appellant County of Union, relied upon the briefs submitted on behalf of appellants A.A. Mastrangelo, Inc., Avon Landfill Corp., Impac, Inc., Industrial Haulage Corp., Intercity Service, Inc., United Carting Company, Inc., and Waste Disposal, Inc. (Robert C. Doherty, County Counsel, attorney).
Aldan O. Markson, on behalf of appellant, Borough of Kenilworth, relied upon the briefs submitted on behalf of appellants A.A. Mastrangelo, Inc., Avon Landfill Corp., Impac, Inc., Industrial Haulage Corp., Intercity Service, Inc., United Carting Company, Inc., and Waste Disposal, Inc.
Deborah T. Poritz, Deputy Attorney General, argued the cause for respondents (James R. Zazzali, Attorney General of New Jersey, attorney; Stephen Skillman, former Assistant Attorney General, of counsel).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by CLIFFORD, J.
More than eight years ago this Court declared that "[t]he disposition of solid waste in this State [had] reached crisis proportions", Southern Ocean Landfill v. Mayor of Ocean Township,64 N.J. 190, 193 (1974); that "serious problems of public health, welfare and environmental control existed", ibid.; and that the legislature had "assumed the responsibility for regulating...
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