Legal Opinion
Gloucester County Improvement Authority v. New Jersey Department of Environmental Protection
New Jersey Superior Court Appellate Division
Decided March 21, 2007Published
1Opinion of the Court
The opinion of the court was delivered by
SKILLMAN, P.J.A.D.
The issue presented by this appeal is whether the recipient of a notice of violation of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -225, which orders the immediate cessation of operation of a solid waste facility, is entitled to a hearing to challenge that order. We conclude that such a notice is an order of abatement within the intent of N.J.S.A. 13:lE-9(c), which the recipient may challenge in an administrative hearing.
*247Appellant Gloucester County Improvement Authority is the owner and operator of the South Harrison…
2Cases cited6 opinions
- F.M.C. Stores Co. v. Borough of Morris PlainsSupreme Court of New Jersey · 1985
- Contini v. Bd. of Educ. of NewarkNew Jersey Superior Court Appellate Division · 1995
- DeNike v. Bd. of Trustees, Employees Ret. System of NJSupreme Court of New Jersey · 1961
- In Re the License of FanelliSupreme Court of New Jersey · 2002
- Christ Hosp. v. DEPT. OF HEALTHNew Jersey Superior Court Appellate Division · 2000
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