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MATTER OF ISSUANCE OF HAZARDOUS WASTE FACILITY

258 N.J. Super. 483 (1992)

610 A.2d 420

IN THE MATTER OF THE ISSUANCE OF HAZARDOUS WASTE FACILITY PERMIT NO. 0901D21HP01 BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO ICI AMERICAS, INC.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1992.

Attorney(s) appearing for the Case

Edward Lloyd argued the cause for appellants Bayonne Citizens for Clean Air, Staten Island Citizens for Clean Air, Marc Liebeskind and Barbara Chinitz (Rutgers Environmental Law Clinic, attorneys; Edward Lloyd and Margaret M. Hayden, on the brief).

William H. Hyatt, Jr. argued the cause for respondent ICI Americas, Inc. (Pitney, Hardin, Kipp & Szuch, attorneys; William H. Hyatt, on the brief).

Gene B. Rosenblum, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Gene B. Rosenblum, on the brief).

Before Judges Shebell, Skillman and D'Annunzio.

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

The issue presented by this appeal is whether under the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -48, and regulations adopted thereunder, the operator of a hazardous waste facility may construct a new incinerator without submitting an Environmental Impact Statement (EIS) to the Department of Environmental Protection (DEP).

ICI Americas, Inc. (ICI) has operated a factory in Bayonne...

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