Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Established 1-3-75.[1] Amendments noted where applicable.]
[1]
Editor's Note: This agreement supersedes former Ch. A161, Air Pollution Commission, established 8-25-70.
The Regional Health Commission is hereby established pursuant to N.J.R.S. 26:3-83 to 3-94.
The purposes of the Commission shall be:
A. 
Establishment of a Regional Air Pollution Control Department.
(1) 
Promulgation of administrative employment and operational policies with regard thereto.
(2) 
Formulation of ordinances or codes for the control of air pollution and the repeal or amendment of ordinances or codes in and for each participating municipality and on behalf of the Regional Health Commission.
(3) 
Establishment of Commission offices.
(4) 
Preparation of an annual proposed budget and the distribution of expenses relating thereto among member municipalities.
(5) 
To carry out other activities designed to reduce, prevent or eliminate air pollution.
B. 
Development of other regional health services.
(1) 
Other health services which lend themselves to a regional approach may be authorized and established by the Commission only by resolution of the interested participating municipalities.
(2) 
Resolutions authorizing the establishment of other health services by the Regional Health Commission shall define the service to be rendered and the method of cost distribution and any other terms and conditions pertinent or relating to that service.
(3) 
The Regional Health Commission, upon receipt of the municipal resolutions, shall establish the administrative and operational policies needed for the service, employ staff, establish office facilities, prepare an annual budget and utilize any and all authority vested under Article 6, Regional Health Commission, N.J.R.S. 26:3-83 to 3-94, to provide the authorized service.
A. 
Each participating municipality shall be represented on the Commission by two Commissioners:
(1) 
One shall be the licensed Health Officer of the participating municipality, or if there be no licensed Health Officer, such person as designated by the Board of Health, or the governing body acting as the Board of Health.
(2) 
One shall be a member of the Board of Health of the participating municipality, or such person designated by the governing body acting as the Board of Health.
B. 
If more than seven municipalities participate, each participating municipality shall be represented on the Commission by one Commissioner, who shall be the licensed Health Officer of the participating municipality, or if there be no licensed Health Officer, such person as designated by the Board of Health or the governing body acting as the Board of Health.
The Commission shall adopt, and may from time to time amend, bylaws.
A. 
The base budget of the Commission shall be divided among the participating municipalities on the basis of the percent that the participating municipalities population shall bear to the combined population of all participating municipalities. Population figures set forth in the most recent estimate by the New Jersey State Department of Health shall be used for the purpose of this section.
B. 
The contribution for each participating municipality shall be due and payable to the Commission prior to the beginning of the fiscal year for which the contribution is made.
C. 
This section shall be applicable for regional air pollution services only.
This joint agreement shall become effective upon its execution by all of the participating municipalities.
This joint agreement shall continue for an indefinite term unless terminated by the withdrawal of a participating municipality, which may be done only on the first day of the Commission's fiscal year, provided that a certified copy of a duly adopted resolution giving notice thereof is delivered to the President and Secretary of the Commission by the withdrawing participating municipality at least one year prior thereto.
This joint agreement may be amended from time to time to provide for additional participating municipalities, provided that at all times every participating municipality shall be contiguous to at least one other participating municipality.
This joint agreement may be amended only by an instrument in writing and executed by all participating municipalities.
This joint agreement shall extend to and bind the successors and assigns of the parties hereto, and the parties hereto do hereby expressly intend to be legally bound thereby.
Nothing herein shall in any way be constructed to limit the powers of the individual municipalities to adopt air pollution ordinances more stringent than those in the attached code.[1]
[1]
Editor's Note: See Ch. 43, Air Pollution.