Township of Voorhees v. New Jersey Department of Environmental Protection

693 A.2d 97, 149 N.J. 119, 27 Envtl. L. Rep. (Envtl. Law Inst.) 21191, 1997 N.J. LEXIS 146
CourtSupreme Court of New Jersey
DecidedMay 15, 1997
StatusPublished
Cited by12 cases

This text of 693 A.2d 97 (Township of Voorhees v. New Jersey Department of Environmental Protection) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Township of Voorhees v. New Jersey Department of Environmental Protection, 693 A.2d 97, 149 N.J. 119, 27 Envtl. L. Rep. (Envtl. Law Inst.) 21191, 1997 N.J. LEXIS 146 (N.J. 1997).

Opinions

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal involves the Township of Voorhees’s suit to recover environmental remediation expenses under the Sanitary Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116. The primary issue is whether Voorhees is liable under the Closure Act as an “owner” and, therefore, barred from seeking remediation expenses from that Act’s Contingency Fund (the Fund). The Appellate Division held that Voorhees was not an owner within the intendment of the Closure Act [121]*121and, therefore, not barred from applying for statutory damages. Matter of Adoption of N.J.A.C. 71I, 291 N.J.Super. 183, 677 A.2d 218 (App.Div.1996).

I

During the 1940’s, Buzby Brothers Materials Corporation (Buzby) owned and operated a sandmining operation in Voorhees, located on adjacent tracts of land designated as Lot 4 (37 acres) and Lot 33 (19 acres). In March 1959, Buzby initiated a landfilling project on portions of Lot 4 that had been sandmined. The general idea was for the landfilling to follow the sandmining.

In the 1960’s and early 1970’s, the president of Buzby, Millard Eply, operated a sanitary landfill on Lot 4, which became known as the “Buzby Brothers Landfill.” During its years of operation, Voorhees sent waste to the landfill. In 1966, Lot 33 was purchased from Buzby by the RCA Corporation (RCA). A few years later, pursuant to a lease agreement, Buzby continued sandmining and commenced landfilling on Lot 33.

The Department of Environmental Protection (DEP) permitted the Buzby Brothers Landfill to accept municipal, bulky, and non-chemical industrial wastes. Buzby Brothers, however, also accepted hazardous wastes for disposal.

After Millard Eply died in 1969, the operation of the landfill was taken over by Margaret Eply, his wife and an officer of the Buzby corporation. Sometime in 1972, all landfilling operations ceased on Lot 4. Landfilling operations continued, however, on Lot 33, until it reached its capacity in 1978.

In December 1977, Voorhees purchased Lot 4 from Margaret Eply for $1.00 with the expectation of building a public park. At the time of the purchase, the landfill had been closed for at least five years. Although aware that Lot 4 had been used as a sanitary landfill, Voorhees believed, and had no reason to doubt, that the landfilling operation had been properly closed in accordance with existing laws and regulations. Furthermore, Voorhees [122]*122had no reason to believe that the lot would experience environmental problems. For several years after the purchase, Lot 4 remained undeveloped and vacant.

In 1982, ten years after the landfill had been closed and five years after Voorhees purchased it, the Legislature passed the Closure Act, N.J.S.A 13:1E-100 to -116, which imposed liability on “owners or operators” of sanitary landfills for costs related to the improper operation or closure of those facilities. The Closure Act also created the Contingency Fund to provide recoupment of remediation expenses by eligible parties. N.J.SA 13:1E-105.

On October 30, 1986, pursuant to the Water Pollution Control Act, N.J.S.A 58:10A-1 to -20, the DEP unilaterally issued a draft New Jersey Pollutant Discharge Elimination System (NJPDES) permit to Voorhees for Lot 4. The draft permit advised Voorhees that, if the permit were finalized, the Township would be required to install monitoring wells around the perimeter of Lot 4 to evaluate potential discharge of contaminants from the former landfill. Receipt of the draft permit was the first notice Voorhees had that the landfill might have environmental problems. The DEP later issued a final permit, only to rescind it based on our holding in Vi-Concrete Co. v. New Jersey Department of Environmental Protection, 115 N.J. 1, 3-4, 556 A.2d 761 (1989).1

Although Vi-Concrete was pending, Voorhees entered into an Administrative Consent Order with the DEP and spent several hundred thousand dollars on remedial measures, including the installation and maintenance of appropriate monitoring wells. Thereafter, Voorhees filed a claim with the Sanitary Landfill Contingency Fund seeking recoupment of the money spent on remediation. Voorhees asserted that it suffered damages because the landfill was improperly operated and closed.

[123]*123The Environmental Claims Administration (ECA), the part of the DEP responsible for administering the Fund, denied the claim. The ECA reasoned that Voorhees was ineligible to recover damages because the Township was an “owner” of a sanitary landfill, and therefore, was itself jointly and severally liable for closure costs under N.J.S.A 13:1E-103.

In reaching that conclusion, the ECA relied on the fact that N.J.S.A 13:1E-I02(b) defines “owner or operator” as “every owner of record of any interest in land whereon a sanitary-landfill facility is or has been located.” The ECA also denied Voorhees’s request for attorney’s fees because such costs did not constitute damages within the meaning of N.J.S.A 13:1E-I06(a) and N.J.A.C. 7:11-4.

Voorhees appealed the ECA’s ruling to the Office of Administrative Law. The DEP moved for summary disposition, asserting that Voorhees qualified as an “owner” under the plain meaning of the Closure Act. The Administrative Law Judge (ALJ) denied the DEP’s motion for summary decision, finding that Voorhees did not fall within the literal meaning of “owner or operator” under the Closure Act. The ALJ stated that, even if the language was debatable, our reasoning in Vi-Concrete, supra, excluded purchasers of closed landfills from the definition of “owner.”

In 1994, the DEP responded by adopting amended rules for the processing of Contingency Fund claims. Central among those regulations was N.J.A.C. 7:11-1.5, which included a clarification of the definition of “owner” contained in N.J.S.A 13:1E-102(b). Specifically, N.J.A.C. 711-1.5 defined “owner” to include entities owning property “whereon a sanitary landfill is located, has been located, had been located, or at any time was located.” N.J.A.C. 7:11-1.5 (emphasis added). Also, N.J.A.C. 7:1I-1.5 defined “damages” such that attorneys fees- incurred in filing claims and participating in administrative hearings were not recoverable. 26 N.J.R. 1116.

The amended regulations also contained a “Construction and Applicability” section. See N.J.A.C. 7:1I-1.2(b). That section [124]*124provided that the 1994 regulations “shall apply to the processing of all claims which have not been paid, settled, denied or the subject of a final decision by the Commissioner of the Department on or before February 22, 1994, notwithstanding the date upon which any such claim was filed with the Department.” 26 N.J.R. 1115. Voorhees appealed the validity of the 1994 regulations, but its request to stay the appeal until the conclusion of the administrative hearing was denied.

Following the adoption of the new regulations, the DEP renewed its motion to the ALJ for summary disposition of Voorhees’s claim.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Henry v. New Jersey Department of Human Services
9 A.3d 882 (Supreme Court of New Jersey, 2010)
Cramer Hill Residents Ass'n, Inc. v. Primas
928 A.2d 61 (New Jersey Superior Court App Division, 2007)
New Jersey Div. v. ARG
824 A.2d 213 (New Jersey Superior Court App Division, 2003)
Jefferson Street Condominium Ass'n v. Paige
788 A.2d 296 (New Jersey Superior Court App Division, 2002)
In Re Guardianship of BLA
753 A.2d 770 (New Jersey Superior Court App Division, 2000)
Jacoby v. Eseo
746 A.2d 1069 (New Jersey Superior Court App Division, 2000)
Gallo v. Mayor and Tp. Council
744 A.2d 1219 (New Jersey Superior Court App Division, 2000)
In re Westinghouse Electric Corp.
735 A.2d 1173 (New Jersey Superior Court App Division, 1999)
State v. Hackett
733 A.2d 554 (New Jersey Superior Court App Division, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
693 A.2d 97, 149 N.J. 119, 27 Envtl. L. Rep. (Envtl. Law Inst.) 21191, 1997 N.J. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-voorhees-v-new-jersey-department-of-environmental-protection-nj-1997.