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IN RE APP. OF MODERN INDUS. WASTE SERVICE

153 N.J. Super. 232 (1977)

379 A.2d 476

IN THE MATTER OF THE APPLICATION OF MODERN INDUSTRIAL WASTE SERVICE, INC., A NEW JERSEY CORPORATION, FOR A CERTIFICATE OF REGISTRATION AND APPROVAL FOR THE OPERATION OF A TRANSFER STATION AT 251 SECOND STREET, ON LOTS 23, 24 AND 25 IN BLOCK 14, IN THE TOWNSHIP OF SADDLE BROOK, BERGEN COUNTY, N.J., FACILITY NO. 0257A.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1977.

Attorney(s) appearing for the Case

Mr. William D. Gorgone argued the cause for appellant Township of Saddle Brook.

Mr. Nathan M. Edelstein, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. John D. Pogorelec argued the cause for respondent Modern Industrial Waste Service, Inc.

Before Judges BISCHOFF, KOLE and GAULKIN.

PER CURIAM.

The Township of Saddle Brook (township) appeals from an administrative order issued by the Department of Environmental Protection (DEP) granting a certificate of registration to Modern Industrial Waste Service, Inc. (Modern) for the operation of a solid waste transfer station in the township.

On September 14, 1971 Modern purchased the premises located at 251 Second Street in the township. On this property is located a facility for the operation...

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