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6 N.J.A.R. 449
- Newton, to permanently discontinue its Sanitary Landfill, In the Matter of the Petition of the Town of
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- Citation: 6 N.J.A.R. 449
- Decision Date: 1979
- Agency: BOARD OF PUBLIC UTILITIES
- Synopsis: The Town of Newton filed a petition with the Board of Public Utilities requesting the Board's approval to permanently discontinue service at its sanitary landfill. The administrative law judge assigned to the case determined that the town fell into the definition of 'person' set forth in the Solid Waste Management Act and was therefore required to register its landfill with the Department of Environmental Protection. As a solid waste facility the landfill was deemed to be a public utility subject to the Board's jurisdiction. The judge concluded that the closing of petitioner's landfill would not adversely affect the public convenience and necessity and should therefore be approved by the Board pursuant to N.J.S.A 48:2-24. Sanford Lloyd Hollander, Esq., for petitioner (Trapasso, Dolan & Hollander, attorneys)
- Statute(s) Cited: 48:2-24
- Citation Tracker modified-Bd. of Trustees; remanded-181 N.J. Super. 434 (App. Div. 1981) [Updated through 1991]
- Synopsis: The Town of Newton filed a petition with the Board of Public Utilities requesting the Board's approval to permanently discontinue service at its sanitary landfill. The administrative law judge assigned to the case determined that the town fell into the definition of 'person' set forth in the Solid Waste Management Act and was therefore required to register its landfill with the Department of Environmental Protection. As a solid waste facility the landfill was deemed to be a public utility subject to the Board's jurisdiction. The judge concluded that the closing of petitioner's landfill would not adversely affect the public convenience and necessity and should therefore be approved by the Board pursuant to N.J.S.A 48:2-24. Sanford Lloyd Hollander, Esq., for petitioner (Trapasso, Dolan & Hollander, attorneys)