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MATTER OF PENNSAUKEN SOLID WASTE MGT.

238 N.J. Super. 233 (1990)

569 A.2d 826

IN THE MATTER OF APPLICATION BY PENNSAUKEN SOLID WASTE MANAGEMENT AUTHORITY TO CONSTRUCT AND OPERATE A SOLID WASTE RESOURCE RECOVERY FACILITY. IN THE MATTER OF THE PERMIT TO CONSTRUCT, INSTALL, OR ALTER CONTROL APPARATUS OR EQUIPMENT AND TEMPORARY CERTIFICATE TO OPERATE CONTROL APPARATUS OR EQUIPMENT AND PREVENTION OF SIGNIFICANT DETERIORATION PERMIT ISSUED TO THE PENNSAUKEN SOLID WASTE MANAGEMENT AUTHORITY.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1990.

Attorney(s) appearing for the Case

Thomas S. Germine argued the cause for appellants Township of Cinnaminson, Borough of Palmyra, and Borough of Riverton (Thomas S. Germine on the brief).

Louis R. Meloni argued the cause for respondent Pennsauken Solid Waste Management Authority (Veronica, Meloni & Vecchio, attorneys; Louis R. Meloni on the brief).

Michael S. Caro, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Robert J. DelTufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Michael S. Caro on the brief).

Before Judges KING, SHEBELL and BAIME.

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

These consolidated appeals present difficult questions arising under the Solid Waste Management Act (N.J.S.A. 13:1E-1 to -198) and the Air Pollution Control Act (N.J.S.A. 26:2C-1 to -36). The principal issue pertains to the scope and applicability of regulatory procedures adopted by the Department of Environmental Protection (DEP) for the modification of previously issued solid waste permits. Additional...

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