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WASTE MANAGEMENT v. STATE, DEPT. OF ENVIRONMENT PROTECTION

278 N.J. Super. 56 (1994)

650 A.2d 379

WASTE MANAGEMENT OF CENTRAL JERSEY, INC., APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Sandra T. Ayres argued the cause for appellant (Schwartz, Tobia & Stanziale attorneys; Ms. Ayres on the brief).

Leslie Dannin Rosenthal, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Rosenthal on the brief).

Before Judges STERN, KEEFE and HUMPHREYS.

The opinion of the court was delivered by HUMPHREYS, J.S.C. (temporarily assigned).

Waste Management of Central Jersey, Inc., ("Waste Management") challenges certain rules adopted by the State of New Jersey, Department of Environmental Protection and Energy ("DEPE") pursuant to the Solid Waste Collection Regulatory Reform Act ("Regulatory Reform Act"). N.J.S.A. 48:13A-7.1 et seq. Waste Management contends that the rules are vague, ultra vires...

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