Search Rutgers Law Library N.J. Court Opinions

256 /usr/local/share/www/libweb/collections/courts/appellate/a0821-16.opn.html -- rank: 683

... Decision found defendants violated the Solid Waste Management Act (SWMA), N.J.S.A 13:1E-1 to -227, for failing to obtain a license ... transportation, storage and disposal of solid waste in New Jersey. N.J.S.A. 13:1E-2. The purpose was to '[e]stablish a statutory ... disposal and utilization activity in this State may be coordinated.' N.J.S.A. 13:1E-2(b)(1). The Legislature found: That the collection ... the credibility and integrity of the conduct of these activities. [N.J.S.A. 13:1E-126.] Under the SWMA regulations, 'No person shall engage ... complying with all the 10 A-0821-16T1 provisions of N.J.S.A. 13:1E-126 et seq[.]' N.J.A.C. 7:26 ... commercial and agricultural operations, and from domestic and community activities.' N.J.S.A. 13:1E-3. N.J.A.C. 7:26-1. ...

docket:	a0821-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-16
status:
citation:
Document Size:	56470

257 DR. JOHN PETROZZI v. CITY OF OCEAN CITY -- rank: 681

... promulgated pursuant to the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, did not require a municipality to ... waiver of the permit process for grading and excavating dunes. N.J.S.A. 13:19-5.3. 9 Having excused Ocean City's performance ... title were all obtained in 1992. 3 An amendment to N.J.S.A. 13:19-5 provided that "[a] permit . . . shall be required for ... the court erred in finding their lack of ownership. 9 N.J.S.A. 13:19-5.3 provides: The commissioner may waive the permit ...

docket:	a1677-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	published
citation:
Document Size:	79720

258 DR. JOHN PETROZZI v. CITY OF OCEAN CITY -- rank: 681

... promulgated pursuant to the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, did not require a municipality to ... waiver of the permit process for grading and excavating dunes. N.J.S.A. 13:19-5.3. 9 Having excused Ocean City's performance ... title were all obtained in 1992. 3 An amendment to N.J.S.A. 13:19-5 provided that "[a] permit . . . shall be required for ... the court erred in finding their lack of ownership. 9 N.J.S.A. 13:19-5.3 provides: The commissioner may waive the permit ...

docket:	a1633-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	published
citation:	433 N.J.Super. 290 78 A.3d 998
Document Size:	79887

259 BAYWICK PLAZA, LLC v. -- rank: 681

... Affirmed. CAFRA refers to the Coastal Area Facilities Review Act, N.J.S.A. 13:19-1 to -21. Actually, Baywick moved to amend its ...

docket:	A2669-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-13
status:	unpublished
citation:
Document Size:	54680

260 RONALD S. TAFT v. UPPER FREEHOLD TOWNSHIP PLANNING BOARD -- rank: 681

... classification of the property is regulated exclusively by DEP under N.J.S.A. 13:9B-30, which provides, It is the intent of the ... any law, ordinance, or rules or regulations regulating freshwater wetlands[.] [ N.J.S.A. 13:9B-30.] As noted in Stochel v. Planning Bd. of ... enhanced classification, the Board would essentially be "classifying" wetlands. See N.J.S.A. 13:9B-7. Given the clearly expressed legislative intent to preempt ... supra , 348 N.J. Super. at 647. Moreover, even if N.J.S.A. 13:9B-30 does not preempt consideration of the issue, the ...

docket:	A2564-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-02
status:	unpublished
citation:
Document Size:	58304

261 IN THE MATTER OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR APPROVAL AND AUTHORIZATION TO CONSTRUCT AND OPERATE THE SOUTHERN RELIABILITY LINK PURSUANT TO N.J.A.C 14:7-1.4 -- rank: 678

... Joint Base), would cross the State-designated Pinelands Preservation Area, N.J.S.A. 13:18A-2, -9, and -11(b). NJNG filed an amended ... with the requirements of the Pinelands Protection Act (Pinelands Act), N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management Plan ...

docket:	a2876-15
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	49362

262 In re CAFRA Permit No. 87-0959-5, Issued to Gateway Associates -- rank: 678

... development permit under the Coastal Area Facilities Review Act (CAFRA), N.J.S.A. 13:19-1 to -21.     Although the ALS opposed the application ... The Policy is one of several regulations promulgated under CAFRA, N.J.S.A. 13:19-1 to -21, which sets standards for economic development in coastal areas. See N.J.S.A. 13:19-2 (setting forth legislative findings concerning CAFRA), 13:19 ...

docket:	a-2-97
court:	njsupreme
decided:	1997-12-31
status:
citation:	152 N.J. 287
Document Size:	58785

263 IN RE AGRICULTURAL, AQUACULTURAL and HORTICULTURAL WATER USAGE CERTIFICATION RULES, N.J.A.C 7:20A-1.1 ET SEQ -- rank: 678

... introduce concepts from the Freshwater Wetlands Protection Act (Wetlands Act), N.J.S.A. 13:9B-1 to -30, into the enforcement of the Water ... drainage or disturbance of the water level or water table." N.J.S.A. 13:9B-3. The difficulty is that the Wetlands Act provides ... silviculture, and ranching activities such as plowing, seeding, [and] cultivating." N.J.S.A. 13:9B-30 expresses the Legislature's general intent that the ... policy that the State's water supply be protected. See N.J.S.A. 13:9B-2. At the same time, both acts, together with ... for the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 to -35. The Legislature further finds and declares ...

docket:	a3283-06
court:	superior court appellate division
decided:	2009-10-21
status:	published
citation:	410 N.J.Super. 209 981 A.2d 99
Document Size:	96000

264 HANDY HARMAN, v. BEAZLEY USA SERVICES, INC -- rank: 678

... 20 2 pursuant to the Environmental Cleanup Responsibility Act (ECRA), N.J.S.A 13:1K-6 to -14.2 When these statutory requirements are ... no longer necessary, or the agency approves a Cleanup Plan. N.J.S.A. 13:1K-9(b) (1989). Handy & Harman entered into an Administrative ... Legislature replaced ECRA with the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -14. A-2068-20 3 Plan is ... act shall constitute continuing regulatory obligations imposed by the State.' N.J.S.A. 13:1K-12 (emphasis added). The ACO demands Handy & Harman undergo ... involuntary—and in turn mandatory—the whole process was. See N.J.S.A. 13:1K-9(b). We conclude this is a demand—not ... fails to comply with any obligation under this ACO . . . . Relatedly, N.J.S.A. 13:1K-13 says: Failure of the transferor to perform ...

docket:	a2068-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-02
status:	Unpublished
citation:
Document Size:	29915

265 IN THE MATTER OF HAZARDOUS DISCHARGE SITE REMEDIATION FUND -- rank: 676

... cited a section of the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -13, providing that "corporate reorganization not substantially ... the industrial establishment" does not constitute a "change in ownership." N.J.S.A. 13:1K-8. Cliflake represented that [e]ach partner of Cliflake ... s rights in the personal property which is the collateral[.] [ N.J.S.A. 13:1K-8 (emphasis added).] Although these definitional sections are not ... other requirements. The definitional section concerning changes of ownership in N.J.S.A. 13:1K-8, especially with respect to what is not a ...

docket:	a4685-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-22
status:	unpublished
citation:
Document Size:	39372

266 PEG LEG WEBB, LLC v. NEW JERSEY PINELANDS COMMISSION -- rank: 676

... The New Jersey Legislature enacted the Pinelands Protection Act (Act), N.J.S.A. 13:18A-1 to -29, which created the Pinelands Commission to regulate all development activity within the Pinelands. N.J.S.A. 13:18A-4 to -9, -27, -29; N.J.A.C ... 1. The Commission is a political subdivision of the State. N.J.S.A. 13:18A-4l. As mandated by the National Parks and Recreation ... that does not conform to the provisions of the CMP. N.J.S.A. 13:18A-10. In addition, each municipality with jurisdiction over land ... Commission and found to be in conformance with the CMP. N.J.S.A. 13:18A-10(c); N.J.A.C. 7:50-4 ... issues about the approval's conformance with the CMP. Citing N.J.S.A. 13:18A-10(c), the Commission concluded the executive director' ...

docket:	a4016-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-11
status:	unpublished
citation:
Document Size:	25770

267 PEPPERIDGE TREE REALTY CORP., Plaintiff v. KINNELON BOROUGH -- rank: 676

... pursuant to the New Jersey Green Acres land acquisition statutes. N.J.S.A. 13:8A-1 to -55. Plaintiff’s appraiser estimated that the ... necessary to develop such land for recreation and conservation purposes” N.J.S.A. 13:8A-39b (emphasis added). See also N.J.S.A. 13:8A-5(b) and 13:8A-23b (predecessor Green Acres ...

docket:	01495-01
court:
decided:	2003-08-18
status:
citation:	21 N.J. Tax 57
Document Size:	84873

268 IN RE CERTIFICATION OF FINAL VALUE OF DEVELOPMENT EASEMENT ON LANDS OF RIAMEDE FARM -- rank: 674

... constrained Highlands Region. See Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35. 4 Pursuant to N.J.A ...

docket:	a3904-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	unpublished
citation:
Document Size:	55131

269 IN THE MATTER OF REQUEST FOR ADJUDICATORY HEARING ON NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FILE NO. 1803-02-0005.1 FHA 110001 -- rank: 672

... 50 to -103, and the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. Under the FHACA, any development that ...

docket:	a5001-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-17
status:	Unpublished
citation:
Document Size:	27605

270 48 HORSEHILL, LLC v. KENRO CORPORATION, et al. -- rank: 672

... Environmental Protection (DEP), pursuant to the Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 to -19, in which Kenro represented that it ...

docket:	A2682-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-22
status:	unpublished
citation:
Document Size:	107131