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MIDDLESEX CTY. BD. OF CHOSEN FREEHOLDERS v. N.J.

Civ. A. No. 86-126.

645 F.Supp. 715 (1986)

MIDDLESEX COUNTY BOARD OF CHOSEN FREEHOLDERS, Plaintiff, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION; Robert Hughey, Commissioner of the Department of Environmental Protection; Board of Chose Freeholders of the County of Morris Board of Chosen Freeholders of the County of Somerset; Board of Chosen Freeholders of the County of Union; and Lee Thomas, Administrator of United States Environmental Protection Agency, Defendants. The Township of Rockaway, Intervenors.

United States District Court, D. New Jersey.

October 2, 1986.

Attorney(s) appearing for the Case

Herbert M. Strulowitz, Asst. Morris Co. Counsel, Randolph, N.J., for Morris Co.

Greenberg & Prior, Trenton, N.J., for plaintiff Middlesex Co.

William Ozzard, Somerville, N.J., for Somerset Co.

Jeremiah O'Dwyer, Law Dept., Union Co. Admin. Bldg., Elizabeth, N.J., for Union Co.

Deputy Atty. Gen. Paul Schneider, Trenton, N.J., for State of N.J., Dept. of Environmental Protection.

Frederic J. Sirota, Morristown, N.J., for Rockaway Tp.

Ralph Marra, Asst. U.S. Atty., D.N.J., Newark, N.J., for U.S.

Ronald Kevitz, Asst. Morris Co. Counsel, Flanders, N.J.

OPINION

HAROLD A. ACKERMAN, District Judge.

This is an action brought by the Middlesex County Board of Chosen Freeholders (hereafter "Middlesex") pursuant to the citizen suit provision of the Resource Conservation and Recovery Act (hereafter "RCRA"), 42 U.S.C. § 6972(a)(1)(A) and (B).

The complaint concerns the current conditions at the solid waste disposal facility operated by Edgeboro Disposal Inc. in the Township of East Brunswick in Middlesex...

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