Magic Disposal gets one day reprieve

From the Press of Atlantic City, 1/08/2010-Michelle Lee-Staff Writer.

A large Egg Harbor Township garbage and recycling company will be able to stay open for at least one more day, thanks to a last-minute ruling from the state Supreme Court.

The state Department of Environmental Protection ordered Magic Disposal to stop collecting waste and close by today, and the Appellate Division of state Superior Court denied an appeal filed by company. Supreme Court Judge Virginia A. Long, however, granted Magic Disposal an appeal Thursday and extended the deadline for judicial review of the case to Saturday.

Magic Disposal owner Steven Waszen Sr. said he plans to run his company as normal today. He added that he plans to stay in business and pass it on to his oldest son.

John Castner, the DEP's director of waste enforcement, said whether the company closes now depends on the state Supreme Court's decision.

The DEP has been trying to shut down Magic Disposal, based at 3043 Ridge Ave., and ban it from the trash and recycling industries since 2006. The DEP alleges the company violated waste-handling laws and owed several years worth of taxes and fines to government agencies.

Magic Disposal's appeal says the company never got a hearing on the issue and the violations were filed against a closed waste station.

Magic Disposal, ran a waste processing station from 1996 to 2005. Today, it hauls trash and recycling for customers that include all four Harrah's Entertainment casinos, three Trump Entertainment casinos and the Tropicana Casino and Resort. Casino spokeswomen said they are monitoring what happens and will make other arrangements if necessary.

Supplemental court documents from March 2009 filed with the appeal said Waszen paid most of the penalties and taxes and the company provided "impeccable service."

The court statement says there were many reasons why problems arose at the transfer station, which included handling heavy waste from the 2003 collapse of the Tropicana's garage, laws requiring casino boxes to be picked up daily and other environmental concerns with casino projects. Waszen's statement says he was never inconsiderate of his environmental responsibilities and Magic Disposal caused no environmental harm.

The company is allowed to continue recycling pending further clarification by the state Administrative Law Court.