ROLLINS ENVIR. SERVICES v. WEINER


269 N.J. Super. 161 (1993)

634 A.2d 1356

ROLLINS ENVIRONMENTAL SERVICES (NJ), INC., PETITIONER-APPELLANT, v. SCOTT WEINER, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, RESPONDENTS-RESPONDENTS, AND JAYNEE LAVECCHIA, DIRECTOR AND CHIEF ADMINISTRATIVE LAW JUDGE OF THE OFFICE OF ADMINISTRATIVE LAW, RESPONDENT. WASTE CONVERSION, INC., PETITIONER-APPELLANT, AND MARK ALSENTZER, GREGORY BRENDLINGER AND MARTIN BRUBAKER, PETITIONERS, v. SCOTT A. WEINER, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, RESPONDENT-RESPONDENT, AND JAYNEE LAVECCHIA, DIRECTOR AND CHIEF ADMINISTRATIVE JUDGE OF THE OFFICE OF ADMINISTRATIVE LAW, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1993.


Attorney(s) appearing for the Case

James Stewart argued the cause for appellant Rollins Environmental Services (NJ), Inc. (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Mr. Stewart, on the brief and reply brief).

Richard L. Caplan, admitted pro hac vice, argued the cause for appellant Waste Conversion, Inc. (Caplan & Luber, attorneys; Mr. Caplan and Steven N. Yermish, on the brief and reply brief).

Robert A. Marshall, Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, of counsel; Mr. Marshall, on the briefs).

Before Judges KING, BRODY and THOMAS.


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

We now consolidate these separate appeals from a final decision of the Commissioner of the Department of Environmental Protection and Energy (DEPE) imposing civil administrative penalties upon appellants Rollins Environmental Services (NJ), Inc. and Waste Conversion, Inc. The penalties were imposed for violating regulations, adopted pursuant to the Solid Waste...

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