Middlesex County Dept. of Health v. Importico

• Decision Date: 17 August 1998
• Citation: 315 N.J.Super. 397,718 A.2d 727
• Parties: MIDDLESEX COUNTY DEPARTMENT OF HEALTH, Plaintiff, v. William IMPORTICO (Amended to Importico's, Inc.), Defendant. Middlesex County
• Court: New Jersey Superior Court

Page 397

315 N.J.Super. 397

718 A.2d 727

MIDDLESEX COUNTY DEPARTMENT OF HEALTH, Plaintiff, v. William IMPORTICO (Amended to Importico's, Inc.), Defendant.

Superior Court of New Jersey,

Law Division,

Middlesex County.

Decided Aug. 17, 1998.

As Amended June 29, 1998.

Neil H. Flaster, for plaintiff (Weiner Lesniak, Parsippany).

Marc J. Friedman, for defendant (Rich & Friedman, Parsippany).

CORODEMUS, J.S.C.

This court is asked to decide whether defendant Importico's Inc. violated the Solid Waste Management Act, N.J.S.A. 13:1E-1, to 13:1E-207 and the regulations promulgated under the statute, N.J.A.C. 7:26-6.5(m) and 7:26-2.13(c)(2). Plaintiff Middlesex County Department of Health (hereinafter "MCHD") appeals from the ruling of the Honorable Herbert C. Kaplan, J.M.C. of the Municipal Court of the Township of East Brunswick, which dismissed the civil penalty action against the defendant.

I. Historical, Factual and Legal Background

In 1970, New Jersey's Legislature passed the Solid Waste Management Act (the Act). The purpose of the Act was to establish "a framework for the coordination of solid waste collection, disposal, and utilization activity in New Jersey." A.A. Mastrangelo, Inc. v. Commissioner of Dep't of Envtl. Protection, 90 N.J. 666, 672, 449 A.2d 516 (1982). Additionally, the Act attempted to "regulate the rates at which ... these services [would be] ... provided as a means of providing safe, adequate and proper waste management services." Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders, 48 F.3d 701, 705 (3d Cir.1995) (hereinafter "Atlantic Coast I ") (citations omitted).

Management of New Jersey's solid waste system is delegated to twenty-two solid waste management districts. Id. Each district is managed either by the county government or by a municipal authority created for this purpose. Id. The districts are also responsible for developing a solid waste management plan. A.A. Mastrangelo, Inc., supra, 90 N.J. at 673, 449 A.2d 516. After adoption of a plan by the district, the district submits it to the Commissioner for the Department of Environmental Protection and Energy. Id. The Commissioner either approves, modifies, or rejects the plan. Id.

N.J.A.C. 7:26-6.5(m) requires that solid waste consisting of types 10, 13, 23, 25 and 27 "generated from within all municipalities in Middlesex County shall be disposed of at the Middlesex County Utilities Authority Landfill (Edgeboro) ... located in East Brunswick, Middlesex County, New Jersey." Pursuant to the Solid Waste Management Act and N.J.A.C. 7:26-6.5(m), the Board of Chosen Freeholders of Middlesex County adopted its Solid Waste Management District Plan Amendment on September 13 1987. (hereinafter "District Plan"). The District Plan prohibited solid waste from outside of the District from being delivered to and accepted by the Edgeboro Landfill in East Brunswick, New Jersey. The DEP approved the District Plan by Order dated November 20, 1987.

When solid waste is brought to the Edgeboro Landfill, the truck driver provides the operator at the scale house with an Origin/Disposal (hereinafter "O & D") form. An O & D form provides information which was recorded by the hauler in its daily record. N.J.A.C. 7:26-2.13(c). This information includes the cubic yard, tonnage or gallon capacity of the solid waste vehicle or container, the types of solid waste, and the place of origin of the waste, among other things. N.J.A.C. 7:26-2.13(a)(3), (4), and (6). Based upon the O & D form, an invoice is produced identifying the source and type of solid waste which was delivered to the Edgeboro Landfill. To prevent out-of-district waste from entering the Landfill, Middlesex County Utilities Authority (hereinafter "MCUA") employees perform inspections of the waste loads that are brought to the Landfill. Typically, an inspection consists of a visual examination of the top, front, back and two sides of the load after it is physically dropped off at the Landfill. A hauler violates the District Plan if an inspector finds that there is a minimum of twenty percent of out-of-district waste in the load.

Importico's Inc. is a licensed solid waste hauler and transfer station operator in Middlesex County. Importico's does business primarily in Hunterdon, Mercer, Middlesex, Union and Somerset Counties. As part of its business Importico's collects and transfers containers from customer's sites to its transfer station. The transfer station is licensed to only accept refuse that its trucks collected from its customers. When waste is brought to the transfer station, it is dumped onto a tipping floor and recyclable material is removed. This waste is often mixed with waste from other counties. The residual waste is then reloaded and transported to a designated disposal site, such as the Edgeboro Landfill.

Between September 8, 1988 and January 11, 1994, MCUA inspectors performed several inspections of solid waste that Importico's had transported to the Edgeboro Landfill. Based upon these inspections, MCHD alleges that Importico's committed nine separate violations of New Jersey's waste flow regulations and the District Plan. ¹ It charged Importico's with transporting solid waste from other counties to the Edgeboro Landfill in violation of N.J.A.C. 7:26-6.5(m) and with falsifying O & D waste disposal forms in violation of N.J.A.C. 7:26-2.13(c)(2). ² Based upon these alleged violations, MCHD assessed penalties totaling $195,200.

MCHD brought a civil action against Importico's in the East Brunswick Municipal Court to recover the penalties. ³ During the trial below, Judge Kaplan heard testimony from a number of witnesses and accepted a large volume of evidence. Although Judge Kaplan found that MCHD proved a prima facie case that Importico's violated Middlesex County's dumping policy, he determined that Importico's was in substantial compliance with the regulations and dismissed the plaintiff's case. ⁴ As a result of Judge Kaplan's decision, MCHD filed an appeal de novo with this court.

On appeal, a Superior Court is required to hear a trial de novo on the record. R. 3:23-8(a). The court's function " 'is to determine the case completely anew on the record made in the Municipal Court, giving due, although not necessarily controlling, regard to the opportunity of the magistrate to judge the credibility of the witness[es].' " New Jersey v. Avena, 281 N.J.Super. 327, 333, 657 A.2d 883 (App.Div.1995) (quoting State v.Johnson, 42 N.J. 146, 157, 199 A.2d 809 (1964)). Additionally, the Superior Court judge must make his or her own findings of fact. Id. (citations omitted). As will be discussed, this court finds that Importico's falsified O & D forms when it brought waste from outside the District to the Edgeboro Landfill, without transporting the waste to its transfer station, and identified the origin of the waste as being from within the District.

II. Jurisdiction of Court to Hear De Novo Appeal

Importico's, Inc. contends that this court does not have jurisdiction to hear this appeal de novo because the court rules do not authorize such action. In retort, MCHD argues that the combination of R. 4:74-2, 4:74-3, 4:74-5 and 7:9 provide an adequate basis for this court's jurisdiction. This court finds that it does have jurisdiction over this matter.

N.J.S.A. 13:1E-9(f) provides that "[a]ny person who violates the provisions of P.L.1970 c. 39, or any code, rule or regulation adopted pursuant thereto shall be liable to a penalty of not more than $50,000 per day, to be collected in a civil action commenced by ... a county health department...." The statute also states that Superior Courts and municipal courts have concurrent jurisdiction "to enforce the provisions of the 'penalty enforcement law' [ ( N.J.S.A. 2A:58-1 et seq.) ] in connection with this act." Id. Upon judgment in a civil action, a party may appeal the decision of the municipal court in accordance with R. 4:74-3. R. 4:74-5. R. 4:74-3 provides that a party shall appeal to the Law Division of the Superior Court in the county of venue. See R. 4:74-3 (stating that party appealing municipal court judgment shall file notice of appeal with municipal court clerk stating that appeal is being taken to Law Division, Superior Court).

Here, MCHD commenced a civil action in municipal court to collect penalties pursuant to the Solid Waste Management Act against Importico's. Because Judge Kaplan rendered a judgment against it, MCHD has a right to appeal to the Law Division, Superior Court. Therefore, this court has jurisdiction to hear this appeal.

III. Applicability of Double Jeopardy Clause

Importico's also argues that this action should be dismissed because it violates the Double Jeopardy Clause of the United States Constitution. The Double Jeopardy Clause provides that no "person [shall] be subject to the same offence to be twice put in jeopardy of life or limb." Based upon this clause and United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989), Importico's contends that its successful defense of the action in municipal court prohibits MCHD from bringing an appeal in Superior Court.

Recently, however, the United States Supreme Court reviewed the Double Jeopardy Clause and "disavow[ed] the method of analysis used in ... Halper." Hudson v. United States, 522 U.S. 93, ----, 118 S.Ct. 488, 491, 139 L.Ed.2d 450 (1997). In Hudson, the Court reaffirmed the two-part test that was explained in United States v. Ward, 448 U.S. 242, 248-49, 100 S.Ct. 2636, 65 L.Ed.2d 742 (1980). Hudson, supra, 522 U.S. at ----, 118 S.Ct. at 491. The test requires that a court first determine whether the legislature, "in establishing the penalizing mechanism, indicated either expressly or impliedly a preference for one label or the other." Id. at ----, 118 S.Ct. at 493 (quoting, Ward, supra, 448 U.S. at 248, 100 S.Ct. 2636). If a court concludes that the legislature intended the proceedings to be civil, the...