Firm Files Suit Against NJ County Board

A firm that unsuccessfully sought to build a concrete and asphalt recycling plant in Deptford, N.J., has sued to gain approval of the facility.

Second Chance Recycling by Franchi Inc. filed a Superior Court complaint against the Gloucester County Board of Chosen Freeholders. The board on March 26 accepted the recommendation of its solid waste advisory committee rejecting Franchi's application for the recycling plant.

The lawsuit, filed April 25, contends advisory committee and freeholder meetings on the Franchi application were improperly advertised. It also claims the rejection was arbitrary and unsupported by evidence and that Franchi's constitutional right to due process was violated.

Franchi asks for a court order directing the freeholder board to approve the plant.

Franchi proposed to recycle 1,000 tons of asphalt and concrete per day on 31 acres off International Drive. The material was to come from demolition projects of another Franchi firm.

To build the plant, the solid waste advisory committee must accept it as part of the county's solid waste management plan.

At a Feb. 6 advisory committee hearing, Franchi presented testimony that the crushing machine to be used would not generate noise or dust.

But residents at the hearing said the facility would spread asbestos-laden dust from the dumping of concrete from trucks before it is recycled. They said the plant would be a health hazard to residents and several nearby schools.