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POLLUTION CONTROL FIN. AUTH. v. D.E.P.

123 N.J. 356 (1991)

587 A.2d 626

POLLUTION CONTROL FINANCING AUTHORITY OF WARREN COUNTY, PLAINTIFF-APPELLANT, AND COUNTY OF HUNTERDON AND HUNTERDON COUNTY UTILITIES AUTHORITY, INTERVENORS-APPELLANTS, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DR. RICHARD T. DEWLING, COMMISSIONER AND GERARD BURKE, DIRECTOR, OFFICE OF REGULATORY SERVICES, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 28, 1991.

Attorney(s) appearing for the Case

James W. Broscious argued the cause for appellant Pollution Control Financing Authority of Warren County (Broscious, Cooke & Glynn, attorneys; Robert A. Maren, on the brief).

John P. Gallina argued the cause for intervenors-appellants (Gaetano M. De Sapio, attorney).

Paul H. Schneider, Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

PER CURIAM.

We affirm the Appellate Division's judgment substantially for the reasons set forth in Judge Baime's majority opinion. 237 N.J.Super. 163, 567 A.2d 243 (1989). We add these observations, however, to address appellant's argument that taxing the solid waste generated by counties that have established resource-recovery facilities thwarts the legislative intent underlying those provisions...

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