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Herald - Lantern - Dispatch 5 June '85

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? MUA Rulings Nix Incinerator

I SWAINTON - Attorneys jf for the Cape May County 5 Municipal Utilities p Authority confirm that the ^ proposal by Lower I Township to build its own > incinerator "is in direct contravention of the (New L Jersey) Solid Waste J Management Act and the agreement between the * Cape May County * Municipal Utilities Authority and the County of Cape May".. The law firm of Higgins and Slachetka, special counsel to the authority, reported in a recent legal opinion that neither New Jersey law nor the MUA's agreement with the county permit Lower Township to build or operate its own waste-to-energy facility. THE DOCUMENT was among several information pieces sent recently to the mayors of Upper, Middle and Lower townships and the deputy mayor of Dennis Township in response to a resolution by the Association of Townships expressing its "support of incineration with the county of Cape May". In a cover letter to the association, authority9 Executive Director George Marinakis expressed his appreciation for the group's endorsement of a waste-to-energy plant. "Your endorsement of this concept is appreciated and encouraging," Marinakis wrote, "since such support by all of the county's municipal officials will greatly assist in facilitating the development of a waste-to-energy facility as an integral part of a countywide system for the efficient, long-term disposal of our solid wastes." ALTHOUGH THE authority "is in full agreement with this concept", Marinakis added, "we are concerned that the impetus for the adoption of this resolution by the Association of Townships appears to have been based on incorrect information." The resolution, in addition to endorsing solid waste incineration, also called on the authority and Cape May freeholders "to amend the county solid waste plan to provide for incineration as the method of solid waste disposal within the county of Cape May." Marinakis pointed out that when the county's solid waste plan was adopted, it called for a twophased approach to the disposal of garbage. "RECOGNIZING that the then-existing conventional landfills in Cape May County could reach capacity and require replacement by as early as 1983," j Marinakis wrote, "the initial phase of the (plan) called for the immediate siting and implementation of a secure sanitary landfill." The landfill, Marinakis explained, not only met AF Specialist CAPE MAY - Air National Guard Airman Kevin L. Dickinson, son of Robert D. Dickinson of 659 Route 9, has graduated from the U.S. Air Force fuels specialist course at I Chanute Air Force Base, 9 iu.

short-term needs for solid waste disposal but is also a necessary adjunct to a waste-to-energy plant. Marinakis told the municipal officials that the authority agrees that a waste-to-energy plant is the most cost-effective long-term method of solid waste disposal for the county. "AS A POINT of fact," Marinakis wrote, "the MUA asks that you note that the adopted and approved solid waste management plan for Cape May County already calls for this approach." Marinakis also noted that the decision to develop a solid waste landfill first "enabled this county to avoid a major solid waste disposal crisis, a crisis which, unfortunately, now extends to almost every other county in the state of New Jersey." Marinakis said that the authority has mailed news releases a number of times explaining its position on a waste-to-energy plant and has made the minutes of its meetings available to all interested parties, including every municipality in the county. "IN SPITE of this,"-. Marinakis wrote, in a reference to the authority's efforts to inform the public, "there appears to be a persistent interest on the part of certain individuals in representing that the total extent of this county's plan for the disposal of its solid waste is to construct a sanitary landfill." "As is evident from the

1 reading of the statute," i special counsel Thomas L. i Higgins wrote in his opinion, "sub-county planning and implementation (for an incinerator) are neither envisaged nor permitted." Higgins' opinion refers to the study initiated by Lower Township Mayor Robert Fothergill regarding the feasibility of building an incinerator for the township. "In fact," Higgins added, the law "specifically prohibits the establishment of any solid waste facility in competition with one established for which bonds are outstanding."

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