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61 COURT OF NEW JERSEY DIVISION STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. MAGIC DISPOSAL, INC. -- rank: 803
... as provided by the Solid Waste Management Act (the Act), N.J.S.A. 13:1E-1 to -223; and (3) barred Waszen from continued ... initiated another agency action on January 27, 2005. Relying on N.J.S.A. 13:1E-134(a) and N.J.S.A. 52:14B ... the collection or disposal of solid waste in this State[.]" N.J.S.A. 13:1E-2(b)(6). The Legislature declared: that the collection ... collection and disposal service or efficient utilization of such waste[.] [ N.J.S.A. 13:1E-2(a).] The statutory framework of the Act is ... designed to be a Statewide approach to solid waste management. N.J.S.A. 13:1E-2(b)(1). The renewal of a license to ... to establish his reputation for good character, honesty and integrity. [ N.J.S.A. 13:1E-133.] Disqualification under N.J.S.A. 13: ...
docket: a1903-09
court: NJ Superior Court Appellate Division
decided: 2011-05-03
status: unpublished
citation:
Document Size: 65434
62 Morristown Associates v. Grant Oil Co. -- rank: 801
... also draw attention to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K 6 to -13.1, which provides that when a ... immediate past owner or operator of the industrial establishment.” N.J.S.A. 13:1K-9.3. ISRA contains no statute of limitations. Noting ...
docket: A-38-13
court: NJ Supreme Court
decided: 2015-01-26
status:
citation: 220 N.J. 360 106 A.3d 1176
Document Size: 100635
63 LAKESIDE MANOR v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 801
... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35, which provides for regional land use ... northwest corner of the State called the Highlands Region. See N.J.S.A. 13:20-7(a). The Highlands Act creates two areas within ... preservation area, in which further development is strictly regulated. See N.J.S.A. 13:20-7(b), (c); N.J.S.A. 13:20-10(b), (c). The Highlands Act contains a number ... the Department of Environmental Protection (DEP) before March 29, 2004. N.J.S.A. 13:20-28(a)(3). This appeal requires us to interpret ... date for the exemption from the Highlands Act provided by N.J.S.A. 13:20-28(a)(3) was March 29, 2004, which ...
docket: a0843-09
court: NJ Superior Court Appellate Division
decided: 2011-08-01
status: published
citation: 421 N.J. Super. 362 23 A.3d 958
Document Size: 33892
64 /usr/local/share/www/libweb/collections/courts/appellate/a4883-11red.opn.html -- rank: 801
... LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, 3 allowing the construction of a ... rulemaking; (3) ignored the requirements of the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management Plan ... transition area waiver under the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. 5 Jaylin proposed developing its forty ... 7A:7E-5B and thus violated CAFRA's mandate in N.J.S.A. 13:19-10 that DEP issue a permit "only upon a ... life processes at the site and within the surrounding region." N.J.S.A. 13:19-10(e). I. GENERAL LEGAL PRINCIPLES Except for certain construction activities expressly exempted from permitting in N.J.S.A. 13:19-5.2, and not applicable here, CAFRA requires ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 100453
65 /usr/local/share/www/libweb/collections/courts/trial/actedxx-11.opn.html -- rank: 801
... LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, 3 allowing the construction of a ... rulemaking; (3) ignored the requirements of the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management Plan ... transition area waiver under the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. 5 Jaylin proposed developing its forty ... 7A:7E-5B and thus violated CAFRA's mandate in N.J.S.A. 13:19-10 that DEP issue a permit "only upon a ... life processes at the site and within the surrounding region." N.J.S.A. 13:19-10(e). I. GENERAL LEGAL PRINCIPLES Except for certain construction activities expressly exempted from permitting in N.J.S.A. 13:19-5.2, and not applicable here, CAFRA requires ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 100450
66 IN RE ADOPTION OF HIGHLANDS REGIONAL MASTER PLAN -- rank: 799
... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35, requires the Highlands Water Protection and ... TDR program, which is a required component of the RMP, N.J.S.A. 13:20-8(a); N.J.S.A. 13:20-11(a)(6), does not conform with applicable provisions ... of the Highlands Act that governs the TDR program is N.J.S.A. 13:20-13. This section provides: In consultation with municipal, county ... appropriate as sending zones pursuant to [the State TDR Act]. [ N.J.S.A. 13:20-13(b).] This section also provides: In consultation with ... as voluntary receiving zones pursuant to [the State TDR Act]. [ N.J.S.A. 13:20-13(c) (emphasis added).] The clear indication in ...
docket: a1054-08
court: NJ Superior Court Appellate Division
decided: 2011-08-15
status: published
citation: 421 N.J. Super. 396 24 A.3d 314
Document Size: 21906
67 IMO Passaic Co. Utilities Authority Petition Requesting Determination of Financial Difficulty and Application for Refinancing Approval -- rank: 797
... crisis, New Jersey enacted the Solid Waste Management Act ("SWMA"), N.J.S.A. 13:1E-1 et seq. , and the Solid Waste Utility Control ... State's twenty-one counties and the Hackensack-Meadowlands District. N.J.S.A. 13:1E-19. The districts have formulated long-term solid waste ... plans in accordance with the State's laws and regulations. N.J.S.A. 13:1E-20. These plans have had to meet NJDEP's approval. See N.J.S.A. 13:1E-24. Management districts have chosen between delegating their waste ... registration and issuance of a permit) prior to commencing service. N.J.S.A. 13:1E-5. A facility cannot obtain a permit unless it ... the municipal district or authority in its waste disposal plan. N.J.S.A. 13:1E-4(b). Regional Recycling, Inc. v. State Dep' ...
docket: a-19-99
court: njsupreme
decided: 2000-06-22
status:
citation: 164 N.J. 270
Document Size: 121547
68 SOMNUK SUECHARON v. DIRECTOR, DIVISION OF TAXATION -- rank: 797
... A. 54:32B-21(a).] The Litter Control Tax Act, N.J.S.A. 13:1E-99.1, provides that “[t]he tax imposed ... the provisions of the State Tax Uniform Procedure Law. . . .” N.J.S.A. 13:1E-99.1(h). Based on these statutes, an examination ... a), N.J.S.A. 54:32B-21(a), and N.J.S.A. 13:1E-9(h), authorizing appeals to the Tax Court in ...
docket: 02857-02
court:
decided: 2002-11-04
status:
citation: 20 N.J. Tax 371
Document Size: 69897
69 SCOTT RUMANA, et al. v. COUNTY OF PASSAIC, et al. -- rank: 795
... to the Green Acres Land Acquisition and Recreational Opportunities Act, N.J.S.A. 13:8A-35 to -55, subject to several requirements, including continued ... of the Golf Course and its impact as required by N.J.S.A. 13:8C-1 to -42, because N.J.S.A. 40 ... Course. Reversed. Green Acres Land Acquisition and Recreational Opportunities Act, N.J.S.A. 13:8A-35 to -55. There is no explanation for the ...
docket: A1135-07
court: NJ Superior Court Appellate Division
decided: 2007-12-03
status: unpublished
citation: 397 N.J.Super. 157 936 A.2d 971
Document Size: 123047
70 IN THE MATTER OF THE FRANK SALAS AND JOAN SALAS AMELIORATION AUTHORIZATION AND WATER QUALITY CERTIFICATE NO 1506-02-0037.1 APL110001 -- rank: 795
... DEP pursuant to the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, for a general permit (GP), which ... a permit pursuant to the Freshwater Wetlands Protection Act, (FWPA), N.J.S.A. 13:9B-1 to -30, to allow the filling of wetlands ... 13.1).2 The rule, which was promulgated to implement N.J.S.A. 13:9:B-22(b), provides that '[i]f the issuance ... appeal, the Association argues: (1) the DEP's action violated N.J.S.A. 13:9B-22(b) because a court never determined that the ... s contention that the DEP's action was inconsistent with N.J.S.A. 13:9B-22(b), which provides that: [i]f the court ... State had not yet availed itself of the opportunity under N.J.S.A. 13:9B-22(b) to reconsider the permit denial. Ibid. ...
docket: a4810-17
court: NJ Superior Court Appellate Division
decided: 2020-01-28
status: Unpublished
citation:
Document Size: 33865
71 PRINCETON BATTLEFIELD AREA PRESERVATION SOCIETY v. INSTITUTE FOR ADVANCED STUDY -- rank: 795
... Commission was "established in the Department of Environmental Protection" (DEP), N.J.S.A. 13:13A-11(a), under the Delaware and Raritan Canal State Park Law of 1974, N.J.S.A. 13:13A-1 to -15. The Legislature directed the Commission to "preserve, maintain, improve, and enlarge" the Park, N.J.S.A. 13:13A-2(b), prepare and implement a master plan for the Park's physical development, N.J.S.A. 13:13A-2(b) and -11(h), protect the Park from local zoning, N.J.S.A. 13:13A-2(a), and "coordinate and support activities by citizens' groups to promote and preserve the park." N.J.S.A. 13:13A-11(h). The Legislature authorized the Commission to ...
docket: a3428-14
court: NJ Superior Court Appellate Division
decided: 2017-07-07
status: unpublished
citation:
Document Size: 44754
72 Thomas Griepenburg v. Township of Ocean -- rank: 793
... coastal area” under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -33. In the late 1990’s and ...
docket: A-55-13
court: NJ Supreme Court
decided: 2015-01-22
status:
citation: 220 N.J. 239 105 A.3d 1082
Document Size: 101570
73 RICHARD TUOSTO and CHERYL TUOSTO v. THERESE BRADY -- rank: 793
... In response, 5 The Noise Control Act of 1971 (Act), N.J.S.A. 13:1G-1 to -23, authorized the New Jersey Department of Environmental Protection (NJDEP) to adopt regulations governing noise control. N.J.S.A. 13:1G-4. It also authorized municipalities to adopt noise control ... 29-1.1 to -2.12, subject to NJDEP approval. N.J.S.A. 13:1G-21. NJDEP's noise regulations provided that a municipality ...
docket: a3374-16
court: NJ Superior Court Appellate Division
decided: 2019-06-17
status: Unpublished
citation:
Document Size: 71400
74 RAYMOND CATTONAR v. TOWNSHIP OF JACKSON POLICE DEPARTMENT -- rank: 793
... advise the UCR reports were "exempt from disclosure pursuant to N.J.S.A. 13:57-1.3(d)." Further, Cattonar's request for "an ...
docket: a2419-12
court: NJ Superior Court Appellate Division
decided: 2014-08-29
status: unpublished
citation:
Document Size: 48963
75 CD&L REALTY, LLC v. THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 790
... Recovery Act (ISRA). See L. 1993, c. 139, codified at N.J.S.A. 13:1K-6 to 18. In March 1987, Owens entered into ... complaint. Owens also failed to comply with the requirement of N.J.S.A. 13:1K-9(a) (requiring an owner or operator of an ... not obtain DEP's approval to sell the property under N.J.S.A. 13:1K-13. The Court of Appeals rejected the argument, holding ... discretionary review of the purchase and sale agreement, pursuant to N.J.S.A. 13:1K-9. Third, DEP has failed to execute ministerial duties ... 2000 agreement was a ministerial duty ignored by DEP, citing N.J.S.A. 13:1K-9(a) and N.J.A.C. 7:26B ... J.R. 1339(b) (May 7, 2012). We recognize that N.J.S.A. 13:1K-9(a) requires owners and operators of an ...
docket: a4066-13
court: NJ Superior Court Appellate Division
decided: 2015-07-30
status: unpublished
citation:
Document Size: 46865
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