[HISTORY: Adopted by the Township of Howell
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-23-1974 as § 9-1 of
the 1974 Code]
There are in and about the western Monmouth
area waters which are polluted and subject to pollution by sewage
and industrial and other wastes arising from causes within the territories
of the Township and the other four municipalities hereinafter mentioned.
The Township Council has ascertained that there is an imperative need
to relieve such waters from pollution and thereby to reduce and ultimately
abate the menace to the public health resulting from such pollution.
The Sewerage Authorities Law of the State of New Jersey (Laws of 1946,
Chapter 138, as amended and supplemented)[1] grants power to any two or more municipalities, the areas
of which together comprise an integral body of territory, by means
and through the agency of a sewerage authority, to acquire, construct,
maintain, operate or improve works for the collection, treatment,
purification, or disposal of sewage or other wastes, and the Boroughs
of Freehold and Farmingdale, the Township and portions of the Townships
of Wall and Freehold together comprise such an integral body of territory.
The Township Council has decided and hereby determines that it is
necessary and advisable and that it is in the best interests of the
inhabitants of the Township that by joint parallel action by or on
behalf of the Boroughs of Freehold and Farmingdale and the Townships
of Wall, Howell and Freehold, each a municipal corporation of the
State of New Jersey situated in the County of Monmouth and hereinafter
referred to as "municipalities," there be created a sewerage authority
pursuant to the Sewerage Authorities Law as a public body corporate
and politic and an agency and instrumentality of the municipalities
for the purpose of the relief of the waters in or bordering upon the
state from pollution arising from causes within the area of the municipalities
and the relief of waters in, bordering or entering the area from pollution
or threatened pollution and the consequent improvement of conditions
affecting the public health and to further provide for a collective
approach solving the sewage and pollution problems of the area of
the municipalities.
[1]
Editor's Note: See N.J.S.A. 40:14A-1 et seq.
Pursuant to the provisions of Paragraph C, Section
4, of the Sewerage Authorities Law of the State of New Jersey (Laws
of 1946, Chapter 138, as amended and supplemented), there is hereby
created a public body, corporate and politic, under the name of and
style of the Manasquan River Regional Sewerage Authority, which sewerage
authority shall be formed of territory as indicated on a map known
as "Existing Facilities, Manasquan River Region, Sewerage Study Plan,
Plat 1, Thomas W. Birdsall, Professional Engineer, Land Surveyor and
Professional Planner, Belmar, New Jersey," dated June 16, 1911, a
copy of which is on file in the Township Clerk's office.
A.
The Manasquan River Regional Sewerage Authority shall
be an agency and instrumentality of the five municipalities created
by parallel ordinances duly adopted by their governing bodies and
is a sewerage authority as contemplated and provided for by the Sewerage
Authorities Law and shall have and exercise all of the powers and
perform all of the duties provided for in the Sewerage Authorities
Law and other statutes heretofore or hereinafter enacted and applicable
thereto, except that it shall not have the power to construct, install,
maintain or operate local or municipal sewage collection systems nor
any part thereof within the boundaries of any participating municipality.
This limitation shall not prohibit the regional authority from constructing,
maintaining or operating regional transmission mains within the boundaries
of any participating municipality, extending from the local or municipal
sewage collection system of any participating municipality to the
regional authority's sewage treatment plant or plants.
B.
All physical facilities of the regional authority,
including treatment plants and pumping stations, shall, if feasible
and practicable, be located and constructed in compliance with all
lawful and reasonable zoning, building, screening, buffer, noise and
odor requirements of the municipality in which they are to be located.
[Amended 2-19-2002 by Ord. No. O-02-1; 3-21-2006 by Ord. No. O-06-11]
The Manasquan River Regional Sewerage Authority
shall consist of 10 members, and two of such members shall be appointed
by the governing body of each municipality in accordance with the
provisions of the Sewerage Authorities Law. The Manasquan River Regional
Sewerage Authority shall be authorized to establish an annual salary
for each of its members for the year 2002 of not more than $3,000.
For each year thereafter, the maximum annual salary for each member
shall be computed by applying a factor, based upon the annual increase
or decrease in the Implicit Price Deflater Index (also known as the
Municipal Cap Index) to the maximum salary for the prior year to determine
the yearly adjusted maximum salary of each member. Members appointed
by the governing body of the Township of Howell shall be residents
of the Township and shall maintain their residency during their term
of office. Each member shall certify with the Township Clerk that
they are residents of the Township of Howell by February 1 of each
year of their term. Failure to so certify shall be deemed cause for
removal by the governing body.
This article duly certified by the Township
Clerk has been filed by the Township Clerk in the office of the Secretary
of State of the State of New Jersey pursuant to the provisions of
the Sewerage Authorities Law.
[Adopted by Ord. No. O-76-22 (§ 9-2
of the 1976 Code)]
A.
Pursuant to the Sewerage Authorities Law, constituting
Chapter 138 of the Pamphlet Laws of 1946 of the State of New Jersey,
approved April 23, 1946,[1] the Authority was created by virtue of a resolution duly
adopted by the Board of Chosen Freeholders of the County of Ocean,
New Jersey, and is a public body politic and corporate of the State
of New Jersey, organized and existing under said law, established
as an instrumentality exercising public and essential governmental
functions to provide for the public health and welfare, with all necessary
or proper powers to acquire, construct, maintain, operate and use
sewerage facilities for the relief of the waters in, bordering or
entering the district (as defined in the agreement) from pollution
or threatened pollution and for improvement of conditions affecting
the public health, and the Authority is ready to design, finance,
construct and put in operation a regional sewerage system, and federal
and state and environmental authorities have determined that the most
economical, efficient and environmentally sound method and agency
for the treatment of sewage in the Metedeconk Basin region is under
the auspices of the Ocean County Sewerage Authority.
[1]
Editor's Note: See N.J.S.A. 40:14A-1 et seq.
B.
Pursuant to Chapter 138, an agreement and supplement
thereto with the Authority for the disposal of sewage from the Township
have been submitted to the Mayor and Township Council, and it appears
after due consideration that it is in the best interest of the Township
of Howell to enter into the agreement and supplement thereto.
The Mayor and Township Council have ascertained
and do hereby determine that the Township is situate within the district
as defined in the agreement of the Ocean County Sewerage Authority,
or is polluting or threatening to pollute the waters in, bordering
or entering such district, and can advantageously use the regional
sewerage system of the Authority and that it will be economical and
in other respects advantageous to it to have wastewater, sewage and
other wastes treated and disposed of by the Ocean County Sewerage
Authority on and pursuant to the terms of the agreement and any supplement
thereof, heretofore submitted to the Township of Howell, copies of
which are to be filed in the office of the Township Clerk and available
for public inspection, which agreement and any supplement thereto
by this reference is made a part hereof as if the same were set forth
verbatim herein.
The Township of Howell, New Jersey, shall enter
into the agreement and supplement thereto with the Ocean County Sewerage
Authority providing for and relating to the treatment and disposal,
on the terms and conditions set forth therein, and the Mayor and Township
Clerk are hereby authorized and directed on behalf of the Township
to execute the agreement and supplement thereto under the Corporate
Seal of the Township, which shall be affixed and attested by the Township
Clerk, and to deliver the same. The agreement and supplement thereto
shall be in the form filed in the office of the Township Clerk, and
the terms and conditions thereof are hereby approved and specifically
agreed to.
