New Jersey § 40a:26a-10

§ 40a:26a-10.

After the commencement of operation of sewerage facilities, the local unit or units

may prescribe and, from time to time, alter rates or rentals to be charged to users

of sewerage services. Rates or rentals being in the nature of use or service charges or annual rental

charges, shall be uniform and equitable for the same types and classes of use and

service of the facilities, except as permitted by section 5 of P.L.1994, c. 78 ( C.40A:26A-10.1 ). Rates or rentals and types and classes of use and service may be based on any factors which the governing body or bodies of that local unit

or units shall deem proper and equitable within the region served. In fixing rates, rental and other charges for supplying sewerage services, the local

unit or units shall establish a rate structure that allows, within the limits of any

lawful covenants made with bondholders, the local unit to: a. Recover all costs of acquisition, construction or operation, including the costs

of raw materials, administration, real or personal property, maintenance, taxes, debt

service charges, fees and an amount equal to any operating budget deficit occurring

in the immediately preceding fiscal year; b. Establish a surplus in an amount sufficient to provide for the reasonable anticipation

of any contingency that may affect the operating of the sewerage facility, and, at

the discretion of the local unit or units, allow for the transfer of moneys from the

budget for the sewerage facilities to the local budget in accordance with section

5 of P.L.1983, c. 111 ( C.40A:4-35.1 ).