T.V. SPANO BLDG. v. DEPT. OF NATURAL RES.


628 A.2d 53 (1993)

T.V. SPANO BUILDING CORPORATION, Appellant Below, Appellant, v. The DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL and Edwin H. Clark, II, Secretary, Appellees and Cross-Appellants Below, Appellees, Cross-Appellants, v. Thomas V. SPANO, Cross-Appellee Below, Cross-Appellee.

Supreme Court of Delaware.

Decided: July 30, 1993.


Attorney(s) appearing for the Case

Richard D. Allen (argued), and Karen L. Pascale, Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant T.V. Spano Bldg. Corp. and cross-appellee Thomas V. Spano.

Kevin P. Maloney (argued), and David Lewis Ormond, Jr., Dept. of Justice, Wilmington, for appellees and cross-appellants the Dept. of Natural Resources and Environmental Control and Edwin H. Clark, II, Secretary.

Before VEASEY, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court en Banc.


VEASEY, Chief Justice:

Before the Court is an appeal from an order of the Superior Court affirming a decision of the Environmental Appeals Board (the "Board") holding that organic matter and other construction debris constituted hazardous waste within the meaning of the Hazardous Waste Management Act, 7 Del.C. § 6301 et seq. (the "Act") when disposed of under the circumstances of this case. We concur with...

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