Essex County, NJ
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Essex County Board of Chosen Freeholders 7-1-1992 by Ord. No. O-1992-00023. Amendments noted where applicable.]
Solid waste management — See Ch. 126.
In accordance with the provisions of the Act,[1] the County of Essex, a body corporate and politic of the State of New Jersey, hereby creates a public body corporate and politic under the name and style of the Essex County Utilities Authority (the "Authority"). Such Authority shall constitute a county utilities authority, as contemplated by and provided for in the Act, and shall be an agency and instrumentality of the County and a political subdivision of the state.
Editor's Note: See N.J.S.A. 40:14B-1 et seq.
The Authority shall consist of seven members who shall be appointed by the County Executive of the County with the advice and consent of the Board of Chosen Freeholders. Such members shall be appointed in the manner provided by Section 4 of the Act (N.J.S.A. 40:14B-4b), and as otherwise herein provided.
In accordance with the provisions of the Act, the members first appointed shall serve for initial terms which shall expire as follows:
One member: February 1, 1993.
Two members: February 1, 1994.
Two members: February 1, 1995.
One member: February 1, 1996.
One member: February 1, 1997.
Upon the expiration of such initial terms, members of the Authority shall be appointed (or reappointed) for staggered terms of five years, as provided in Section 4(b)(1) [N.J.S.A. 40:14B-4b(1)] of the Act.
The members of such Authority will not receive any compensation in connection with the discharge of their duties as herein contemplated; provided, however, that such members may be reimbursed for the reasonable and necessary expenses incurred by such members in connection with the discharge of their duties.
[Amended 10-8-1997 by Ord. No. O-1997-00020]
The Authority shall be responsible for implementation of the Solid Waste Management Plan (the "plan"), except to the extent otherwise expressly provided therein, and for the management, administration, development, funding/financing and implementation of the system. Such Authority is authorized, subject to the provisions of the Act, to acquire (either through purchase, gift, condemnation or otherwise), lease, construct, maintain, operate and use such facilities (either within or without the geographic boundaries of the County) as are necessary, in the judgment of the Authority, in order to provide an effective and satisfactory method for carrying out the purposes of the Authority. The Authority shall carry out such purposes through the exercise of any and all powers granted to such Authority by the Act.
In addition to the powers and purposes described in Subsection A above, the Authority shall also be authorized to acquire, maintain, operate and construct such facilities and/or equipment for or with respect to the production, development, purchase, accumulations, distribution and sale of water, water services, facilities and products within or without the County, and shall be further authorized to exercise powers authorized by the Act in connection with effectuating such purpose only.
In accordance with the provisions of Section 18 of the Act (N.J.S.A. 40:14B-18), the Authority is hereby authorized and empowered to appoint such staff, consultants and advisors as it deems to be necessary in order to implement the system and carry out any obligations relating thereto.
Any consultants, advisors and employees which are currently contracted or employed by the County to implement the system shall continue to perform such activities. Any existing contracts with the County relating to such activities shall be assigned to the Authority by the County upon the Authority's assumption of its full duties. Additional powers and responsibilities of such employees, advisors and consultants shall be defined by the Authority after it assumes its full duties. Transfers of the aforesaid employees from the County to the Authority shall be in accordance with the appropriate provisions of N.J.S.A. 11A:4-1 et seq., as and to the extent applicable.
This chapter shall not become effective until an application shall have been submitted to and approved by the Local Finance Board in the Department of Community Affairs of the State of New Jersey in accordance with the provisions of the Local Authorities Fiscal Control Law, constituting Chapter 313 of the Pamphlet Laws of 1983, of the State of New Jersey, and the acts amendatory thereof and supplemental thereto.[1]
Editor's Note: See N.J.S.A. 40A:5A-1 et seq.