In the Matter of NJPDES Permit No. NJ 0055247

This case arises from permits issued by the Department of Environmental Protection (DEP) authorizing Ref-Fuel Company (Ref-Fuel) to construct a resource recovery facility in Newark, New Jersey. Ref-Fuel applied for a solid-waste facility and included an engineering design and environmental-impact statement. The DEP gave notice for public comments and held public hearings. The hearing officer recommended that the DEP approve the permits contingent upon Ref-Fuel's acceptance of several revisions, modifications, and additions. DEP’s final permit approvals incorporated the conditions. DEP approved the permits, and the Ironbound Committee Against Toxic Waste (ICATW) appealed, challenging the issuance of two permits. ICATW challenged an Air Pollution Control Permit and a Solid Waste Permit. The ICATW substantively challenged the Air Pollution Control Permit because the emission limits for particulate matter were not sufficiently stringent. The applicable regulatory provision obligated the DEP to require more advanced anti-pollutant equipment. Procedurally, the ICATW argued that the DEP prematurely issued the Solid Waste Permit. The ICATW further argued that the DEP improperly issued the permit because Ref-Fuel failed to designate a backup residual landfill and that the DEP was required to comply with the legislative directive that mandated the promulgation of rules and regulations providing for state-of-the-art air emission technology for resource recovery facilities. ICATW also argued that the DEP improperly obtained and used technical information unavailable during the public hearings, precluding meaningful comment and review by interested citizens and groups.