MATTER OF PETITION OF COUNTY OF ESSEX


299 N.J. Super. 577 (1997)

IN THE MATTER OF THE PETITION OF THE COUNTY OF ESSEX (1) FOR APPROVAL AND CONTINUATION OF INTERIM SOLID WASTE DISPOSAL RATES; AND (2) FOR APPROVAL OF A CUBIC YARD CONVERSION RATION OF 3:1.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1997.


Attorney(s) appearing for the Case

I. Leo Motiuk, argued the cause for Solid Waste Transfer and Recycling Inc., appellant/cross-respondent in A-351-94T3 and respondent in A-522-94T1 (Shanley & Fisher, attorneys; Mr. Motiuk and Joseph M. Cerra, on the brief).

Sandra T. Ayres argued the cause for Waste Management of New Jersey, appellant in A-522-94T1 and respondent in A-351-94T3 (Schwartz, Tobia & Stanziale, P.A., attorneys; Ms. Ayres, on the brief).

Carla V. Bello, Senior Deputy Attorney General, argued the cause for Department of Environmental Protection and Energy, respondent in A-351-94T3 and A-522-94T1 (Peter Verniero, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Bello, on the brief).

Benjamin Clarke argued the cause for County of Essex, respondent in A-351-94T3 and A-522-94T1 (DeCotiis, Fitzpatrick & Gluck, attorneys; Eric D. Wisler, of counsel; Mr. Clarke on the brief).

William J. Schwartz, Assistant Corporation Counsel, argued the cause for City of Newark, intervenor-respondent/cross-appellant in A-351-94T3 and A-522-94T1 (Michelle Hollar-Gregory, Corporation Counsel, attorney; Mr. Schwartz, on the brief).

Department of the Public Advocate, attorney for Division of Rate Counsel, respondent in A-351-94T3 and A-522-94T1 (James McGuire, of counsel and on the brief).

Before Judges PETRELLA, WALLACE and KIMMELMAN.


KIMMELMAN, J.A.D.

The appeal from the August 23, 1994, final order of the Department of Environmental Protection and Energy (DEPE) by Waste Management of New Jersey, Inc., (WM) under Docket No. A-0522-94T1 and the appeal and cross-appeal of the same order by Solid Waste Transfer and Recycling, Inc., (SWTR) and the City of Newark, respectively, under Docket No. A-0351-94T3 have been consolidated for the purpose of this opinion.

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