[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 4-12-1995 by Ord. No. 95-04R (Ch. 30 of the 1971 Code). Amendments noted where applicable.]
Pursuant to the provisions of paragraph (c) of Section 4 of the Sewerage Authorities Law of the State of New Jersey[1] (Laws of 1946, Chapter 138, as amended and supplemented), there is hereby created a public body politic and corporate under the name of style of the "Plainfield Area Regional Sewerage Authority."
[1]
Editor's Note: See N.J.S.A. 40:14A-4(c).
The Plainfield Area Regional Sewerage Authority is and shall be an agency and instrumentality of said eight municipalities[1] created by parallel ordinances duly adopted by their governing bodies and is a sewerage authority as contemplated and provided for by said Sewerage Authorities Law[2] and shall have and exercise all of the powers and perform all of the duties provided for by said Sewerage Authorities Law and any other statutes heretofore or hereafter enacted and applicable thereto.
[1]
Editor's Note: Throughout this chapter, the term "municipalities" shall include the following: the Township of Scotch Plains, City of Plainfield, Borough of North Plainfield, Borough of Dunellen, Borough of Fanwood, Borough of Watchung, Township of Green Brook and Borough of South Plainfield.
[2]
Editor's Note: See N.J.S.A. 40:14A-1 et seq.
The Plainfield Area Regional Sewerage Authority shall consist of eight members, one of which shall be appointed by resolution of the governing body of each of said municipalities, in accordance with the provisions of said Sewerage Authorities Law, with such resolution being filed with the Secretary of State of New Jersey. Each of the municipalities may additionally appoint one or two individuals to serve as an alternate during the absence or disqualification of such municipality's regular member, pursuant to the provisions of said Sewerage Authorities Law, with the first alternate to be designated as "Alternate No. 1" and the second alternate, if appointed, to be designated as "Alternate No. 2."
Members of the Plainfield Area Regional Sewerage Authority may receive compensation for their services as members of the Authority within the limitation herein stated, that no member shall receive compensation, either direct or indirect, in excess of $2,500 per annum. The Chairperson of the Plainfield Area Regional Sewerage Authority may also be provided additional compensation in the discretion of the Authority, but not in excess of $1,000 per annum.
A copy of this chapter, duly certified by the Clerk of this municipality, shall forthwith be filed by such Clerk in the office of the Secretary of State of the State of New Jersey.
This chapter shall take effect as provided by law, but shall be of no further force or effect after December 31, 1995, unless on or before said date a parallel ordinance shall have been adopted by the governing body of each of said other municipalities and such ordinance shall have been filed with the Secretary of the State of New Jersey.[1]
[1]
Editor's Note: The above-mentioned municipalities have adopted and filed parallel ordinances.
The Mayor and Clerk are hereby authorized to execute a service agreement, the terms of which shall be in accordance with the terms of the order entering stipulation of settlement in Township of Scotch Plains v. Plainfield Joint Meeting, et al., Docket No. UNN-L-100243-88, with the Plainfield Area Regional Sewerage Authority.
[Added 12-9-2003 by Ord. No. 03-23R]
A. 
The elimination of the Authority's obligation to bill directly those industries it identifies as the source of pollutants in those wastewaters collected and conveyed by the Authority to the Middlesex County Utilities Authority is hereby deemed to be in the best interests of the Borough of Fanwood.
B. 
Similarly, the elimination of the mandatory obligation of the Borough to provide a sewer capacity needs report to the Authority every third year in favor of a more discretionary approach is also hereby deemed to be in the best interests of the Borough.
C. 
The Mayor and Clerk are hereby authorized and directed to execute the 2004 Amendment to Service Contract between the Authority and its participants in the form attached hereto and, by reference, incorporated herein.