New Jersey § 58:14-34

§ 58:14-34.

Whenever any contracting agency is using said intercepting sewer in excess of its

allotted capacity, the commissioners may, in addition to the right to restrain such

excess use, by application to the court having jurisdiction over the same, in their

judgment, permit such excess use whenever they ascertain and determine that such excess

use will not interfere with the use of said intercepting sewer to the extent of its

allotted capacity by any other contracting agency, and that the capacity of said intercepting

sewer is sufficient to carry such excess, permit such contracting agency to continue

to use said intercepting sewer for such excess and charge the municipality using such

excess at an annual rental at the rate of fifteen hundred dollars ($1,500.00) annually

per million gallons of average daily flow, in addition to its proportionate share

of the annual costs of maintenance, repairs and operation of the intercepting sewer

with respect to its total discharge of sewage into such intercepting sewer. The said rental collected by the commissioners shall be disbursed by the commissioners

to the contracting agencies in the same manner as provided herein for the disbursement

and distribution of the rentals arising from leases between the commissioners and

lessees.