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11 N.J.A.R. 472

Woodbine Municipal Utility Auth., et al. v. Pinelands Commission and Dept. of Human Services
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Citation: 11 N.J.A.R. 472
Decision Date: 1988
Agency: PINELANDS COMMISSION
Synopsis: Petitioners objected to the development of a spray field and storage lagoons to be used for the disposal of waste water from the sewage treatment plant at the Woodbine Development Center. The matter was transmitted to the Office of Administrative Law for a hearing. Prior to the hearing, one petitioner withdrew its request for a hearing and another petitioner indicated he had no information or witnesses to show that the development would cause damage to the surrounding environment. At the hearing, the remaining petitioner testified that he had visited a similar spray field and lagoon arrange- ment at another facility, where he observed seepage of sludge and adverse effect on adjacent pine trees. Respondents moved to dismiss the matter on the grounds that petitioners had not presented any proof that environmental problems would result from the proposed development. The burden of proof was on petitioners. The administrative law judge assigned to the case granted the motion to dismiss. Petitioners had not met their burden of proof. There was no direct relationship between the proposed development and the arrangement at the other facility which the petitioner ob- served. In addition, petitioner did not establish the cause of the environmental problems at the other facility. Upon review, this initial decision was adopted by the Pinelands Commission. Mr. and Mrs. Vincent W. Witt, petitioners, pro se State of New Jersey 473 Rosemarie R. Williams, Deputy Attorney General, for respondents (W. Cary Edwards, Attorney General of New Jersey, attorney)