In re Pennsauken Solid Waste Management Authority to Construct & Operate a Solid Waste Resource Recovery Facility

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 issues are raised relating to the standards to be applied in determining whether proposed air emission technology satisfies…