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A.A. Mastrangelo, Inc. v. Commissioner of the Dep't of Envtl. Protection

ELR Citation: 13 ELR 20376
Nos. No. A-75/76/77/78, 449 A.2d 516/18 ERC 1229/90 N.J. 666, (N.J., 08/11/1982)

The New Jersey Supreme Court upholds in part and vacates in part the Department of Environmental Protection's (DEP's) regulations that modify local solid waste management district plans by redirecting local district waste flow streams. First, the court holds that guidance documents and management manuals prepared by DEP qualify in substance as the statewide plan required by the Solid Waste Management Act and support DEP's modification of local plans. However, it directs DEP to consolidate the documents into one document. Next, the court holds that DEP regulations are presumed valid even though not expressly authorized by the Act. It then finds that DEP has authority to assess the disposal capacities of each district and to redirect the interdistrict disposal of solid waste but not to designate specific solid waste collectors and waste disposal facilities to carry out these regulations. This latter authority is vested exclusively in the Board of Public Utility through the Solid Waste Utility and Control Act. The court rejects appellants' contention that DEP's regulations undercut district planning and it finds adequate support in the record for DEP's general redirection of waste streams. Finally, the court instructs DEP to hold hearings and develop an interdistrict waste flow order. It instructs the Board of Public Utility to conduct a hearing and, if required, designate solid waste collectors and disposal facilities to implement the DEP order.

Counsel for Appellants
Theodore A. Schwartz, Alfred V. Gallene
Schwartz, Steinberg, Tobia, Stanziale & Gordon
Surburban Plaza, 141 S. Harrison St., East Orange NJ 07018
(201) 678-0610

Marvin Lehman
701 Newark Ave., Elizabeth NJ 07208
(201) 289-4455

George Perselay, Ass't County Counsel
190 Elm St., Westfield NJ 07090
(201) 233-4400

Counsel for Respondents
Deborah T. Poritz, Stephen Skillman; James R. Zazzali, Attorney General
Dep't of Law & Public Safety
State House Annex, Trenton NJ 08625
(609) 292-4919

For affirmance in part, reversal in part and remandment — Chief Justice WILENTZ, Justices PASHMAN, CLIFFORD, SCHREIBER, HANDLER and POLLOCK — 6.

Opposed — None.