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BORDENTOWN TP. BD. OF HEALTH v. INTERSTATE WASTE REMOVAL CO.

191 N.J. Super. 128 (1983)

465 A.2d 587

LOCAL BOARD OF HEALTH OF THE TOWNSHIP OF BORDENTOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BORDENTOWN, LOCAL BOARD OF HEALTH OF THE CITY OF BORDENTOWN, BOARD OF CITY COMMISSIONERS OF THE CITY OF BORDENTOWN, AND BOARD OF EDUCATION OF BORDENTOWN REGIONAL SCHOOL DISTRICT, PLAINTIFFS, v. INTERSTATE WASTE REMOVAL CO., INC., SCA SERVICES, INC., DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, AND ROBERT E. HUGHEY, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

July 22, 1983.

Attorney(s) appearing for the Case

Henry Tutek and David Gladfelter for Plaintiffs (Kessler, Tutek, Futey & Gladfelter, Attorneys).

Susan J. Vercheak, Deputy Attorney General for State of New Jersey, Department of Environmental Protection (Irwin I. Kimmelman, Attorney General of New Jersey).

Theodore A. Schwartz for Interstate Waste Removal Co. and SCA Services, Inc. (Schwartz, Tobia & Stanziale, Attorneys).

HAINES, A.J.S.C.

The local boards of health, the governing bodies of two municipalities and a regional board of education have sued Interstate Waste Removal Co., Inc. and its parent company, SCA Services, Inc. (collectively, "Interstate"), the Department of Environmental Protection and its Commissioner. Interstate operates a large landfill, known as "Parklands," for the disposition of solid wastes. It is subject to...

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