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Old Bridge Chems. v. Commissioner

ELR Citation: 18 ELR 21302
Nos. No. A-1874-87T5, (N.J. Super. Ct. App. Div., 06/07/1988)

The court holds that the New Jersey Department of Environmental Protection's amendment of the definition of solid waste to include waste material to be recycled does not contravene the state's Solid Waste Management Act. The broad definition actually advances the purposes of the statute by serving to protect the public in the storage and collection of solid waste. Nothing in the statute excludes its applicability to waste materials because they are reusable. The court also holds that the state's definition is not preempted by the Federal Resource Conservation and Recovery Act, since New Jersey's requirements are not less stringent than the federal requirements.

Counsel for Appellant
Richard M. Hluchan, Melinda R. Martinson
Sterns, Herbert, Weinroth & Petrino
186 W. State St., P.O. Box 1298, Trenton NJ 08607
(609) 392-2100

Counsel for Respondent
Marty M. Judge, Deputy Attorney General
Richard J. Hughes Justice Complex, Trenton NJ 08625
(609) 292-4925

Counsel for Intervenor
George J. Tyler, Robert M. Wolf
Giordano, Halleran & Ciesla
270 Highway 35, Box 190, Middletown NJ 07748
(201) 741-3900

Before Furman, Brody & Long, JJ.