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MATTER OF DECLARATORY RULING PURSUANT TO N.J.S.A. 48:3-10

234 N.J. Super. 139 (1989)

560 A.2d 689

IN THE MATTER OF THE APPLICATION FOR A DECLARATORY RULING PURSUANT TO N.J.S.A. 48:3-10 AND N.J.A.C. 14:3-10.13(A).

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1989.

Attorney(s) appearing for the Case

Nathaniel H. Yohalem, and Joseph Rosa, Jr. argued the cause on behalf of appellants Zajac Disposal, National Solid Wastes Management Association and New Jersey Waste Management Association (Gutterman, Wolkstein, Klinger & Yohalem, attorneys; Riccardelli & Rosa, attorneys; Nathaniel H. Yohalem, Joseph Rosa, Jr. and Kathleen M. Gialanella on the brief).

Kevin P. Auerbacher, Deputy Attorney General, argued the cause on behalf of respondents (Peter N. Perretti, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Kevin P. Auerbacher on the brief).

Before Judges J.H. COLEMAN and BAIME.

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

Appellants National Solid Wastes Management Association, New Jersey Waste Management Association and Zajac Disposal appeal from a declaratory ruling rendered by the Board of Public Utilities (BPU) and a subsequent determination denying their motion for reconsideration. We affirm.

The salient facts are not in dispute and are essentially a matter of public record. On August 18, 1978, the BPU issued its...

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