New Jersey § 58:27-20

§ 58:27-20.

The Legislature finds and declares that protecting the ground and surface water of

the State from pollution is vital to the health and general welfare of the citizens

of New Jersey; that the construction, rehabilitation, operation, and maintenance

of modern and efficient sewer systems and wastewater treatment plants are essential

to protecting and improving the State's water quality; that in addition to protecting

and improving the State's water quality, adequate wastewater treatment systems are

essential to economic growth and development; that many of the wastewater treatment

systems in New Jersey must be replaced or upgraded if an inexorable decline in water

quality is to be avoided during the coming decades; that the United States Congress

in recognition of the crucial role wastewater treatment systems and plants play in

maintaining and improving water quality, and with an understanding that the cost of

financing and constructing these systems must be borne by local governments and authorities

with limited sources of revenues, established a program to provide local governments

with grants for constructing these systems; that during the last several years the

amount of federal grant money available to states and local governments for assistance

in constructing and improving wastewater treatment systems has sharply diminished;

that the current level of federal grant funding is inadequate to meet the cost of

upgrading the State's wastewater treatment capacity to comply with State water quality

standards; that given this inadequate present level of federal grant funding, alternative

methods of financing the construction, operation, and improvement of wastewater treatment

systems must be developed and encouraged; that one alternative method of financing

necessary wastewater treatment systems available to local governments consists of

contracting with private sector firms for the financing, construction and operation

of these systems; and that for some local government units, contracting for the provision

of wastewater treatment services, if done in such a way as to protect the interests

of consumers and to conform with environmental standards, will constitute an appropriate

method of securing these needed wastewater treatment systems. The Legislature further finds that it is in the public interest and the policy of

the State to foster and promote by all reasonable means the long-term operation and

maintenance of modern, efficient wastewater treatment systems designed to protect

and improve the State's water quality thereby ensuring the health and general welfare

of all inhabitants of the State; that while the “New Jersey Wastewater Treatment

Privatization Act,” P.L.1985, c. 72 ( C.58:27-1 et seq. ), enabled local government units to enter into long term contracts with private-sector

firms for the provision of wastewater treatment services, the time consuming procedures

and the regulatory framework required therein has dissuaded private firms and local

government units from entering into long-term contractual relationships as envisioned

by this act; that there is a need for an alternative statutory process which enables

local government units to enter with private firms or public authorities into long-term

contracts that protect the rights and interests of residents of the local government

unit, but allow the private firms or public authorities to utilize their expertise,

experience and resources to enable the local government unit to comply with existing

and more stringent future requirements of the “Federal Water Pollution Control Act,” 33 U.S.C. s.1251 et seq., the State “Water Pollution Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ) and the “Safe Drinking Water Act,” P.L.1977, c. 224 ( C.58:12A-1 et seq. ). The Legislature therefore determines that it is in the public interest to establish

a comprehensive procedure designed to authorize local government units to enter into

contracts with private firms or public authorities for the financing, designing, construction,

improvement, operation, maintenance, or administration, or any combination thereof,

of wastewater treatment systems or for the provision of wastewater treatment services.