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REGIONAL RECYCLING v. DEP.

256 N.J. Super. 94 (1991)

606 A.2d 817

REGIONAL RECYCLING, INC., PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT-APPELLANT, AND COUNTY OF ESSEX, DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT, DIVISION OF SOLID WASTE MANAGEMENT, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1991.

Attorney(s) appearing for the Case

Craig S. Provorny, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

Thomas A. McKinney argued the cause for respondent (Waldman, Renda & McKinney, attorneys).

Before Judges GAULKIN, SHEBELL and HAVEY.

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

The Department of Environmental Protection (DEP) appeals by leave granted from an interlocutory Chancery Division order directing that it "immediately commence a review" of the application of plaintiff Regional Recycling, Inc. (Regional) for a solid waste facility (SWF) permit. N.J.S.A. 13:1E-4b; N.J.S.A. 13:1E-26a; N.J.A.C. 7:26-2.4. We...

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