State v. Helen Kramer Sanitary Landfill

The opinion of the court was delivered by

MORGAN, J. A. D.

We consider in this appeal whether the State Board of Public Utilities (BPU or Board) has jurisdiction over the hours during which a landfill, holding a certificate of convenience and necessity, may operate. The landfill would deny BPU that power.

An abbreviated history of this accelerated appeal is necessary to a full understanding of what this issue comprehends. On May 7, 1971 the Helen Kramer Sanitary Landfill (the Landfill) applied to BPU for a certificate of public convenience and necessity to operate its landfill. On September 22,…