[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.