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TERMINAL CONST. v. SEWERAGE AUTH.

244 N.J. Super. 537 (1990)

582 A.2d 1288

TERMINAL CONSTRUCTION CORPORATION, PLAINTIFF-RESPONDENT, v. THE HOBOKEN-UNION CITY-WEEHAWKEN SEWERAGE AUTHORITY, A PUBLIC BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, A POLITICAL SUBDIVISION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND HUDSON COUNTY UTILITIES AUTHORITY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1990.

Attorney(s) appearing for the Case

Frank M. Leanza argued the cause for appellant (Leanza, Agrapidis & Kalebic, attorneys; Frank M. Leanza of counsel; Frank M. Leanza and Steve M. Kalebic on the brief).

Richard J. Laiks argued the cause for respondent Terminal Construction Corporation (Heller & Laiks, attorneys; Richard J. Laiks on the brief).

Valerie W. Haynes, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Valerie W. Haynes on the brief).

Before Judges PRESSLER, BAIME and ARNOLD M. STEIN.

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

This appeal requires us to revisit the arcane subject of solid waste regulation. At issue is whether a thermal reduction facility designed to reduce the volume of sludge residuals through exposure to high temperature is exempt from the requirement of solid waste registration. The question is presented in a somewhat unusual factual setting. Defendant, the Hoboken-Union City-Weehawken Sewerage Authority (HUCWSA...

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