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TP. OF HOWELL v. FRED McDOWELL, INC.

300 N.J. Super. 491 (1997)

TOWNSHIP OF HOWELL, PLAINTIFF-APPELLANT, v. FRED McDOWELL, INC. AND STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1997.

Attorney(s) appearing for the Case

McLaughlin, Bennett, Gelson & Cramer, attorneys for appellant (Dennis M. Crawford, on the brief).

Giordano, Halleran & Ciesla, attorneys for respondent Fred McDowell, Inc. (Paul H. Schneider, of counsel; Debra J. Rubenstein, on the brief).

Peter Verniero, Attorney General, attorney for respondent Department of Environmental Protection (Andrea M. Silkowitz, Assistant Attorney General, of counsel; James H. Martin, Deputy Attorney General, on the brief).

Before Judges LONG and SKILLMAN.

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

Defendant Fred McDowell, Inc. (McDowell) has operated a hot asphalt mix plant in Howell Township since the 1940s.1 In March of 1990, McDowell applied to the defendant Department of Environmental Protection (DEP) for general approval of a proposal to commence operation of a Class B recycling center on its property which would process concrete, asphalt and petroleum contaminated...

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