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151 /usr/local/share/www/libweb/collections/courts/appellate/03146-13.opn.html -- rank: 739

... perpetuity in favor of a non-profit entity pursuant to N.J.S.A. 13:8B-1 et seq. The Supreme Court has held that ...

docket:	03146-13
court:	NJ Tax Court
decided:	2016-02-10
status:	unpublished
citation:
Document Size:	71129

152 S. IN RE ADOPTION OF N.J.A.C. 7:26E-1.13 -- rank: 737

... Jersey environmental remediation laws, including the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 to -14 ("ISRA").     In the Brownfield Act, the ... In 1983, the Legislature adopted the Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 to -14 ("ECRA"), to achieve expeditious cleanup of ... process and to minimize governmental involvement in certain business transactions. [ N.J.S.A. 13:1K-7.] Under ISRA, the DEP was again directed to ...

docket:	A3158-02
court:	NJ Superior Court Appellate Division
decided:	2005-04-22
status:	published
citation:	377 N.J. Super. 78 871 A.2d 711
Document Size:	49625

153 IN THE MATTER OF GAETA RECYCLING CO., INC. -- rank: 737

... the regulatory regime of the Solid Waste Management Act (Act), N.J.S.A. 13:1E-1 to -48, to develop a district solid waste ... dispose or recycle all solid waste generated in the county, N.J.S.A. 13:1E-21, Passaic County incorporated Gaeta's facility into its SWMP on February 21, 1985. N.J.S.A. 13:1E-24. In the following years, Gaeta received approval from ... compliance with statewide solid waste management objectives, criteria and standards, N.J.S.A. 13:1E-26, on August 26, 1999, before DEP had certified ... legal, methodological, and policy questions considered in granting tentative approval." N.J.S.A. 13:1E-5.1c. The draft permit proposed: (1) authorizing Gaeta ... Gaeta's expanded operations. DEP then conducted a public hearing, N.J.S.A. 13:1E-5.1d, after extending the comment period to ...

docket:	A2470-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-01
status:	unpublished
citation:
Document Size:	60315

154 CITY OF EAST ORANGE v. Block 6100: Lots 3,4,7-10,14-16,18,19,21, 24,25, TOWNSHIP OF LIVINGSTON -- rank: 737

... New Jersey Green Acres Land Acquisition and Recreation Opportunities Act, N.J.S.A. 13:8A-35 et seq. (“Green Acres Act”); and (iii ...

docket:	00007-12
court:
decided:	2011-11-29
status:
citation:
Document Size:	51293

155 MICHAEL and JANE RICE v. BOROUGH OF AVALON -- rank: 737

... Rices that included a Coastal Area Facilities Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, permit, and (2) to enjoin construction ... of publication of the final decision denying a CAFRA permit. N.J.S.A. 13:19-13 and N.J.S.A. 13:19-13.1. The Rices submitted a request for review ... a hearing for interested parties to comment on the application. N.J.S.A. 13:19-9. The DEP adhered to this procedure in this ... s factfinding in granting or denying CAFRA permits is unmistakable. N.J.S.A. 13:19-10. "[B]ased on this long history of precedent ... that [the] DEP must make findings under the standards in N.J.S.A. 13:19-10, even if the DEP finds that a ...

docket:	a3352-06
court:	njappellate
decided:	0000-00-00
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60265

156 206-36TH STREET, LLC v. OTTO WICK -- rank: 737

... property is subject to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -35, which is implemented by the New ... hazardous wastes present at the site of the industrial establishment . . . ." N.J.S.A. 13:1K-8. The NFA letter also provides that "any discharged ... either an approved remediation action report or an NFA letter. N.J.S.A. 13:1K-13b. After numerous futile attempts were made to get ... 313 N.J. Super. 225 , 228 (App. Div. 1998). See N.J.S.A. 13:1K-7. A transferor's failure to perform a remediation ... a private right of action exists under the act. See N.J.S.A. 13:1K-13a. In Dixon the court held, pursuant to the ... or a remedial action workplan as required by ISRA. See N.J.S.A. 13:1K-9c. There was no remediation agreement allowing for ...

docket:	a4520-07
court:	superior court appellate division
decided:	2009-07-30
status:	unpublished
citation:
Document Size:	52436

157 IN RE FRESHWATER WETLANDS GENERAL PERMIT NUMBER 16., etc. -- rank: 734

... the Commission pursuant to the Pinelands Protection Act (the Act), N.J.S.A. 13:18A-1 to -29, and the Department of Environmental Protection (DEP) pursuant to the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and implementing regulations. Appellants Pinelands Preservation ... could affect those waters. 33 U.S.C.A. § 1344; N.J.S.A. 13:9B-2, -9. Pursuant to the federal grant of authority ... Accordingly, in 1979 the New Jersey Legislature enacted the Act, N.J.S.A. 13:18A-1 to -29. The Act created the Commission, the ... to serve as the land-use blueprint for the region. . . ." N.J.S.A. 13:18A-4, -8, -14; Gardner v. N.J. Pinelands Comm ... Commission and found to be in conformance with the CMP. N.J.S.A. 13:18A-12. In 1980, the Commission adopted the CMP. ...

docket:	A1343-02
court:	NJ Superior Court Appellate Division
decided:	2005-07-29
status:	published
citation:
Document Size:	63773

158 IMO GAETA RECYCLING CO. INC. -- rank: 734

... the regulatory regime of the Solid Waste Management Act (Act), N.J.S.A. 13:1E-1 to -48, to develop a district solid waste ... dispose or recycle all solid waste generated in the county, N.J.S.A. 13:1E-21, Passaic County incorporated Gaeta's facility into its SWMP on February 21, 1985. N.J.S.A. 13:1E-24. In the following years, Gaeta received approval from ... compliance with statewide solid waste management objectives, criteria and standards, N.J.S.A. 13:1E-26, on August 26, 1999, before DEP had certified ... legal, methodological, and policy questions considered in granting tentative approval." N.J.S.A. 13:1E-5.1c. The draft permit proposed: (1) authorizing Gaeta ... Gaeta's expanded operations. DEP then conducted a public hearing, N.J.S.A. 13:1E-5.1d, after extending the comment period to ...

docket:	A2520-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-01
status:	unpublished
citation:
Document Size:	59216

159 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 NEW JERSEY TURNPIKE AUTHORI -- rank: 734

... Authority was not a "local government unit" as defined in N.J.S.A. 13:8C-3. An appellate court accords a highly deferential standard ... 8 expressly incorporates by reference the GSPTA's definitions provision, N.J.S.A. 13:8C-3; and (3) both statutes deal with roll-back ... tax exemptions. N.J.S.A. 54:4-23.8; N.J.S.A. 13:8C-29 (citing N.J.S.A. 54:4-3 ... e] [] open space, farmland, and historic properties in New Jersey[.]" N.J.S.A. 13:8C-2. The GSPTA created a Trust, "a public body ... Treasury[,]" to issue bonds that would help fund land preservation. N.J.S.A. 13:8C-4a; N.J.S.A. 13:8C-7(a). The Trust partially or fully funds " ...

docket:	a4333-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:	30 N.J.Tax 313
Document Size:	28292

160 D.D. RESIDENTIAL LTD PARTNERSHIP - v. NEW JERSEY PINELANDS COMMISSION - -- rank: 734

... Pinelands"). The New Jersey Legislature enacted the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29, by which it created the Pinelands Commission, N.J.S.A. 13:18A-4. The Commission was charged with developing a Comprehensive ... with regulating all development activity within the Pinelands National Reserve. N.J.S.A. 13:18A-4 to -9, -27, -29; N.J.A.C ... the Legislature created the Pinelands Development Credit (PD Credit) program. N.J.S.A. 13:18A-30 to -54. The purpose of the program is ... J.A.C. 7:50-5.43, -5.45; see N.J.S.A. 13:18A-31. The appropriate number of PD Credits would enable ... development in more environmentally sensitive areas of the Pinelands. See N.J.S.A. 13:18A-31. In 1985, the Commission certified Hamilton Township' ...

docket:	a1464-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-27
status:	unpublished
citation:
Document Size:	48882

161 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 734

Original Wordprocessor Version (NOTE: The status of this decision is .) SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note ...

docket:	A-90-10
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:
Document Size:	269213

162 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 732

Original Wordprocessor Version (NOTE: The status of this decision is Published .) SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please ...

docket:	a7211
court:	NJ Superior Court Appellate Division
decided:	2013-09-26
status:	published
citation:
Document Size:	269019

163 IN RE APPEAL OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S SEPTEMBER 6, 2022 DENIAL OF REQUEST FOR ADJUDICATORY HEARING -- rank: 732

... Energy and Environment Comm. Statement to A. 1231-L (1983); N.J.S.A. 13:1K-7. In 1993, ECRA was substantially amended and replaced ... operations or transfer ownership or operation of the industrial establishment. N.J.S.A. 13:1K-9(a). Before doing so, ISRA requires the owner ... remediate its industrial establishment and obtain a final remediation document. N.J.S.A. 13:1K-9(b). To expedite transfers and cessations of contaminated ... 22 3 process of remediation and specific requirements are met. N.J.S.A. 13:1K-11.5; N.J.A.C. 7:26B-5 ... exempt the owner or operator from its statutory obligation under N.J.S.A. 13:1K-9(b) to remediate the industrial establishment but acknowledges ... RIP waiver applicant no longer qualifies for the suspension under N.J.S.A. 13:1K-11.5, and the NJDEP may rescind the ...

docket:	a0511-22
court:	NJ Superior Court Appellate Division
decided:	2022-00-06
status:	Published
citation:
Document Size:	27732

164 DORINE INDUSTRIAL PARK PARTNERSHIP v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 732

... requirements of the Environmental Cleanup Responsibility Act of 1983 (ECRA), N.J.S.A. 13:1K-6 to -13.1 The sales fell through. Dorine ... replaced by the Industrial Site Recovery Act (ISRA) in 1993. N.J.S.A. 13:1K-6. ISRA requires responsible parties to file remediation documents ... remedial action workplans (RAW), and remedial action outcome (RAO) reports. N.J.S.A. 13:1K-8; N.J.S.A. 13:1K-9(b)(3). At each stage, the responsible party ... negotiations with respect to acceptability of the workplans and outcomes. N.J.S.A. 13:1K-9. Persons remediating an industrial establishment under ISRA were ...

docket:	a1214-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Unpublished
citation:
Document Size:	42092

165 Feesers, Inc. v. Director, Division of Taxation -- rank: 732

... taxes paid pursuant to the Clean Communities and Recycling Act ( N.J.S.A . 13:1E-92 et seq .) 1 (hereinafter "the Act"). Plaintiff is ... consumption are not subject to the Act. The Act at N.J.S.A . 13:1E-99.1a provides in pertinent part: There is levied ... N.J. Tax 60, 63 (Tax 1995). The Act at N.J.S.A. 13:1E-94e defines litter-generating products as: [g]oods which ... private property not owned by him. Furthermore, the Act at N.J.S.A. 13:lE-94e(5) specifically lists “food for human or ... also provides that “all the products specifically listed in N.J.S.A. 13:1E-94e are presumed to satisfy at least one of ... products. The Tax Court found in United Jersey Bank that N.J.S.A. 13:1E-94e establishes three tests for determining whether any ...

docket:	04185-01
court:
decided:	2002-06-20
status:
citation:	20 N.J. Tax 201
Document Size:	53729