MIDDLESEX COUNTY v. BROWNING FERRIS


252 N.J. Super. 134 (1991)

599 A.2d 554

MIDDLESEX COUNTY HEALTH DEPARTMENT, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. BROWNING FERRIS INDUSTRIES OF ELIZABETH, NJ, INC., MIDCO WASTE SYSTEMS AND UNITED SERVICE DISPOSAL, DEFENDANTS-RESPONDENTS/CROSS/APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1991.


Attorney(s) appearing for the Case

Florence J. Lotrowski, Deputy County Counsel argued the cause for appellants/cross-respondents (John J. Hoagland, Middlesex County Counsel, attorney).

Arthur R. Kobin argued the cause for respondent/cross-appellant (Kobin, Litwin & Wolff, attorneys); Arthur R. Kobin, of counsel; Arthur R. Kobin and Albert E. Cruz, on the brief.

Patrick J. Diegnan, Jr., argued the cause for respondent, United Service Disposal.

Alice B. Cesaretti, Deputy Attorney General, argued the cause for the Department of Environmental Protection, amicus curiae (Robert J. Del Tufo, Attorney General of New Jersey; Michael R. Clancy, Deputy Attorney General, of counsel and Nancy B. Stiles, Deputy Attorney General, on the brief).

Before ANTELL, LONG and THOMAS, JJ.


The opinion of the Court was delivered by THOMAS, J.S.C., (temporarily assigned).

This appeal requires us to interpret a section of the Solid Waste Management Act, N.J.S.A. 13:1E-9f, to determine if civil actions to impose fines for violations of the act may be brought in the Municipal Court in addition to the Superior Court. We conclude they can and reverse.

On September 15, 1988, Middlesex County adopted...

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