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ELIZABETH v. STATE, DEPT. OF ENV. PROTECT

198 N.J. Super. 41 (1984)

486 A.2d 356

THE CITY OF ELIZABETH, APPELLANT, v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF PUBLIC UTILITIES, RESPONDENTS. WASTE DISPOSAL, INC., LANDFILL & DEVELOPMENT CO., INC. AND INTERSTATE WASTE REMOVAL CO., APPELLANTS, v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, RESPONDENTS. BROWNING-FERRIS INDUSTRIES OF ELIZABETH, N.J., INC., BROWNING-FERRIS INDUSTRIES OF NORTH JERSEY, INC. AND BROWNING-FERRIS INDUSTRIES OF SOUTH JERSEY, INC., ALL CORPORATIONS OF THE STATE OF NEW JERSEY, APPELLANTS, v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, RESPONDENTS. OCEAN COUNTY LANDFILL CORPORATION, APPELLANT, v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, ET AL., RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1984.

Attorney(s) appearing for the Case

John R. Weigel argued the cause for appellant City of Elizabeth (Frank P. Trocino, attorney; John R. Weigel of counsel and on the brief).

Deborah T. Poritz, Deputy Attorney General argued the cause for Department of Environmental Protection and Board of Public Utilities (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz of counsel and David P. Schneider, Deputy Attorney General, on the brief).

Theodore A. Schwartz argued the cause for appellants Waste Disposal, Inc., Landfill & Development Co., Inc., Interstate Waste Removal Co., and The Ocean County Landfill Corp. (Schwartz, Tobia & Stanziale, attorneys; Theodore A. Schwartz of counsel and Jonathan H. Roth on the brief).

Hilary B. Rosenberg argued the cause for appellants Browning-Ferris Industries of Elizabeth, Inc., et als, (Scerbo, Kobin, Litwin & Wolff, attorneys; Hilary B. Rosenberg on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by, ANTELL, P.J.A.D.

On these appeals, which we have consolidated sua sponte, appellants are landfill operators, a solid waste transporter and a municipality which ask us to invalidate the State Wide Solid Waste Flow Plan, N.J.A.C. 7:26-6.1 et seq., which was adopted effective December 6, 1982. The action under review was taken November 17 and 18, 1982 after a public hearing jointly conducted by the Department...

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