Herald & Lantern 20 June '84 ( _3_

MU A Loses Appeal In Landfill Case

TRENTON - The Appellate Division of Superior Court on Friday, June 8, denied the County Municipal Utilities Authority's application for a stay of the BPU and NJDEP order allowing the Foundations and Structures Landfill in Woodbine to remain open for 180 days. The BPU-NJDEP order requires solid waste from Avalon, Sea Isle City, and Woodbine be directed to the Foundations and Structures facility instead of the new environmentally secure sanitary county landfill constructed and operated by the MUA. Bulky wastes from Upper Township have also been redirected to the Foundation and Structures Landfill. The MUA's application to the Appellate Division sought to overturn the regulatory agencies'

order. THE MUA ARGUED that the BPU/NJDEP emergency waste flow f redirection order of May 15 totally disregarded the previously approved Solid Waste Management Plan I for Cape May County which called for the construction of an environmentally secure lined landfill. Authority counsel Thomas Higgins also told the court that the MUA had j not been given adequate notice of the original hearing when Foundations and Structures, Inc. petitioned the BPU to continue receiving solid waste for 180 days in order to collect revenue to help defray the landfill closure costs. Higgins also noted that there was no "emergency" justifying the issuance of the BPU/NJDEP order and argued that the redirection of wastes to the Foundations and Structures Landfill would result in an increas^Xin the disposal costs for the county's municipalities beyond the amounts which they budgeted for solid waste disposal this year. THE APPELLATE Division ruled in denying the MUA's request for a stay that the court should not substitute its judgment for the administrative determinations made by the state agencies charged

with balancing the economic and environmental issues. Higgins said the court questioned the financial ability of the Borough of Woodbine to pay for the closing of the landfill in the event that Foundations and Structures either did not or was not able to do so. Appellate Court Judges Robert A. Matthews and Morton I. Greenberg also expressed concern about the deviation from the County Solid Waste Mangement Plan but felt the issue of the landfill closure costs was preeminent. S I N C E X H E BPU/NJDEP May 15 order allows for the 30 day comment period, the court said the MUA's application may be premature. According to Higgins, the MUA has already asked the ad-

ministrative agencies for a reversal of the order. Following the court's ruling, Higgins said the MUA could appeal the decision to the state Supreme Court or continue vfith its administrative objections and request a meeting with all interested parties in the / hope of designing an accep-/ table plan to all parties thai would address the financial and environments l\ concerns.

George Marinakis, executive director, MUA, said he was disappointed J court's ruling and ged that communisentatives had not joined the MUA's articipating at the IGHT have helped iu «»« the court that communities were concerned, " Marinakis noted. "Many \municipal officals had expressed their support locally, but did not follow through joining our effort. " Marinakis said the MUA estimates it would lose $221,650 in revenue for the 180-day period. ' "The solid waste from Avalon, Sea Isle City. Woodbine and Upper Townships accounts for a bout 10 percent of the total county waste flow. It has a significant impact."

Beach Tag Sales Soar SEA ISLE CITY - Beach tag sales soared this » pre-season to a total of 34,106, a seven percent increase over last year, Mayor Dominic C. Raffa ^announced. ^ ' The tags purchased before June 1 brought in $170,530, an increase of $11,300 over last May, Raffa reported. Last year 31,846 tags were brought in ivfay, bringing in $159,230. The increase in tags amounts ot $2,260. Pre-season rates were only $5. Seasonal tags now sell for $7. They and the weekly tags are available at the Beach Tag Office in the Raffa Community Center, Kennedy Boulevard. Beach inspecp tors went on duty June 15. Everyone now must have a beach badge except children under 12.

Early Deadline Because of the Fourth of July holiday, deadline for news and advertising for the issue of July 4 will be 3 p.m. Thursday June 28. '

t Summertime, And Mailing Made Easy AVALON — Mailing a letter should not be hazardous to the health. Acting on that theory. Postmaster Marvin Wells Sr. has had the mail boxes formerly located in front of the Post Office moved to Railroad Avenue, a small street behind the building Traffic on Railroad Avenue is to be one way south to north, allowing autoists to drop their mail without fear of oncoming traffic, says Wells. No mention was made of the possibility of being rear-ended.

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