Legal Opinion
In re Issuance of Hazardous Waste Facility Permit No. 0901D21HP01
New Jersey Superior Court Appellate Division
Decided July 20, 1992PublishedCited by 3 opinions
1Opinion of the Court
The opinion of the court was delivered by
SKILLMAN, J.A.D.
The issue presented by this appeal is whether under the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -48, and regulations adopted thereunder, the operator of a hazardous waste facility may construct a new incinerator without submitting an Environmental Impact Statement (EIS) to the Department of Environmental Protection (DEP).
ICI Americas, Inc. (ICI) has operated a factory in Bayonne since 1965 which produces a Teflon-like plastic sold under the trade name “Fluon.” For a substantial period of time, ICI has stored the waste…
2Cases cited4 opinions
- Service Armament Co. v. HylandSupreme Court of New Jersey · 1976
- Medford Convales. and Nursing Center v. Div. of Medical Assist.New Jersey Superior Court Appellate Division · 1985
- In re NJPDES Permit No. NJ 0055247New Jersey Superior Court Appellate Division · 1987
- Terminal Const. v. Sewerage Auth.New Jersey Superior Court Appellate Division · 1990
3Cited by3 opinions
- Matter of Certain Amendments to Adopted and Approved Solid Waste Management PlanNew Jersey Superior Court Appellate Division · 1994
- Holgate Property Associates v. Township of HowellNew Jersey Superior Court Appellate Division · 1995
- Hudson Meadows Urban Renewal Development Corp. v. Hackensack Meadowlands Development CommissionNew Jersey Superior Court Appellate Division · 1994