New Jersey § 58:27-21

§ 58:27-21.

As used in sections 1 through 9 of P.L.1995, c. 216 ( C. 58:27-19 through 58:27-27 ): “ Concession fee ” means a payment from a private firm or a public authority to a public entity, regardless

of when it is received, that is exclusive of or exceeds any contractually specified

reimbursement of direct costs incurred by the public entity; “ Contract ” means a long-term written agreement wherein a private firm or a public authority

agrees to provide wastewater treatment services for a public entity and wherein the

private firm or public authority agrees to provide, during the term of the contract,

capital expenditures on behalf of the public entity's wastewater treatment system,

which expenditures are set forth in the contract; “ Department ” means the New Jersey Department of Environmental Protection; “ Division ” means the Local Finance Board within the Division of Local Government Services in

the Department of Community Affairs; “ Governing body ” means the board of chosen freeholders in the case of the county; the board of chosen

freeholders and the county executive, the county supervisor or the county manager,

as appropriate, in the case of a county organized pursuant to the provisions of the

“Optional County Charter Law,” P.L.1972, c. 154 ( C.40:41A-1 et seq. ); the commission, council, board or body, by whatever name it may be known, having

charge of the finances of the municipality, in the case of a municipality; and the

decision-making body of an authority, joint meeting or commission; “ Private firm ” means any privately or publicly held company qualified to do business in the State

of New Jersey that is financially, technically, and administratively capable of providing

wastewater treatment services to a public entity under the terms of a contract entered

into pursuant to P.L.1995, c. 216 ( C.58:27-19 et al.); “ Proposal document ” means the document prepared by or on behalf of a public entity describing the wastewater

treatment services that the public entity is considering having provided by a private

firm or a public authority pursuant to a contract. The proposal document shall include specific minimum qualifications that a private

firm or a public authority shall meet, as well as the criteria that will be used by

a public entity to evaluate a proposal submitted by a private firm or a public authority; “ Public authority ” means a municipal or county authority, commission, municipal or county utility authority,

sewerage authority, or joint meeting, which is authorized by law to construct, rehabilitate,

operate or maintain a wastewater treatment system or arrange for the provision of

wastewater treatment service; “ Public entity ” means a county, a municipality, a municipal or county authority or any commission

or other political subdivision of the State, or any two or more counties, municipalities,

municipal or county utilities authorities, sewerage authorities, joint meetings, or

any commission or other political subdivisions of the State, acting jointly, that

are authorized by law to construct, rehabilitate, operate or maintain wastewater treatment

systems or arrange for the provision of wastewater treatment services; “ Wastewater ” means residential, commercial, industrial, or agricultural liquid waste, sewage,

septage, stormwater runoff, or any combination thereof, or other liquid residue discharged

or collected into a sewer system or stormwater runoff system, or directly into surface

or ground waters, or any combination thereof; “ Wastewater treatment services ” means the financing, designing, construction, improvement, operation, maintenance,

administration, or any combination thereof, of a wastewater treatment system, which

services are provided pursuant to P.L.1995, c. 216 ( C.58:27-19 et al.); “ Wastewater treatment system ” means any equipment, plants, structures, machinery, apparatus, or land, or any combination

thereof, acquired, used, constructed or operated by, or on behalf of, a public entity

for the storage, collection, reduction, recycling, processing, reclamation, disposal,

separation, or other treatment of wastewater or sewage sludge, or for the collection

or treatment, or both, of stormwater runoff and wastewater, or for the final disposal

of residues resulting from the treatment of wastewater, including, but not limited

to, pumping and ventilating stations, treatment plants and works, connections, outfall

sewers, interceptors, trunk lines, stormwater runoff collection systems, and other

personal property and appurtenances necessary for their use or operation.