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KOHLBRENNER RECYCLING ENTERPRISES, INC. v. BURLINGTON CTY. BD. OF CHOSEN FREEHOLDERS

248 N.J. Super. 531 (1991)

591 A.2d 962

KOHLBRENNER RECYCLING ENTERPRISES, INC., PLAINTIFF-RESPONDENT, v. BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANT-APPELLANT. TOWNSHIP OF DELRAN, PLAINTIFF-RESPONDENT, v. COUNTY OF BURLINGTON, DEFENDANT-APPELLANT, AND OCCUPATIONAL TRAINING CENTER OF BURLINGTON COUNTY, INC., INTERVENOR-DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1991.

Attorney(s) appearing for the Case

Carole A. Quattlander, Assistant County Solicitor, argued the cause for appellant Burlington County Board of Chosen Freeholders (Michael J. Hogan, Burlington County Solicitor, attorney; Carole A. Quattlander, on the brief).

Richard W. Hunt argued the cause for appellant Occupational Training Center of Burlington County, Inc. (John A. Almeida, attorney; Richard W. Hunt, on the brief).

Mark J. Molz argued the cause for respondent Kohlbrenner Recycling Enterprises, Inc.

John E. Harrington argued the cause for respondent Township of Delran (Dyer & Harrington, attorneys; John E. Harrington, on the brief).

Robert J. Del Tufo, Attorney General, submitted a brief on behalf of amicus curiae New Jersey Department of Environmental Protection (Rachel Horowitz, Deputy Attorney General, on the brief).

Parker, McCay & Criscuolo submitted a brief on behalf of amici curiae Townships of Mount Holly and Southampton (Richard M. Berman, on the brief).

Michael L. Mouber submitted a brief on behalf of amicus curiae Mount Laurel Tp.

Before Judges GAULKIN, HAVEY and SKILLMAN.

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

The Statewide Mandatory Source Separation and Recycling Act, L. 1987, c. 102; N.J.S.A. 13:1E-99.11 to -99.32 (the Recycling Act), required every county to adopt a "district recycling plan" within six months of its enactment. N.J.S.A. 13:1E-99.13a. However, any county which received approval of the Department of Environmental Protection (DEP) of a "district recycling plan" as part...

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