40:14A-7 - Sewerage authority a public body corporate; powers - New Jersey Statutes

40:14A-7.  Sewerage authority a public body corporate;  powers    Every sewerage authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and essential governmental functions to provide for the public health and welfare and shall have perpetual succession and have the following powers:

    (1) To adopt and have a common seal and to alter the same at pleasure;

     (2) To sue and to be sued;

     (3) In the name of the sewerage authority and on its behalf, to acquire, hold, use and dispose of its service charges and other revenues and other moneys;

     (4) In the name of the sewerage authority but for the local unit or units, to acquire, hold, use and dispose of other personal property for the purposes of the sewerage authority;

    (5) In the name of the sewerage authority but for the local unit or units, to acquire by purchase, gift, condemnation or otherwise, real property and easements therein, necessary or useful and convenient for the purposes of the sewerage authority, and subject to mortgages, deeds of trust or other liens, or  otherwise, and to hold and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the sewerage authority;

    (6) To provide for and secure the payment of any bonds and the rights of the  holders thereof, and to purchase, hold and dispose of any bonds;

    (7) To accept gifts or grants of real or personal property, money, material,  labor or supplies for the purposes of the sewerage authority, and to make and  perform such agreements and contracts as may be necessary or convenient in  connection with the procuring, acceptance or disposition of such gifts or  grants;

    (8) To enter on any lands, waters or premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the sewerage authority, and whenever the operation of a septic tank or other component of an  on-site wastewater system shall result in the creation of pollution or contamination source on private property such that under the provisions of R.S.  26:3-49, a local board of health would have the authority to notify the owner  and require said owner to abate the same, representatives of an authority shall  have the power to enter, at all reasonable times, any premises on which such  pollution or contamination source shall exist, for the purpose of inspecting,  rehabilitating, securing samples of any discharges, improving, repairing,  replacing, or upgrading such septic tank or other component of an on-site  wastewater system;

    (9) To establish an inspection program to be performed at least once every 3  years on all on-site wastewater systems installed within its district which inspection program shall contain the following minimum notice provisions:  (i) not less than 30 days prior to the date of the inspection of an on-site wastewater system as described herein, the authority shall notify the owner and  resident of the property that the inspection will occur;  and (ii) not less  than 60 days prior to the date of the performance of any work other than an  inspection, the sewerage authority shall provide notice to the owner and resident of the property on which the work will be performed.  The notice to be  provided to such owner and resident under this subsection shall include a description of the deficiency which necessitates the work and the proposed remedial action, and the proposed date for beginning and duration of the contemplated remedial action;

    (10) To prepare and file in the office of the sewerage authority records of  all inspections, rehabilitation, maintenance, and work, performed with respect  to on-site wastewater disposal systems;

    (11) To make and enforce bylaws or rules and regulations for the management  and regulation of its business and affairs and for the use, maintenance and  operation of the sewerage system and any other of its properties, and to amend  the same;

    (12) To do and perform any acts and things authorized by this act under, through or by means of its own officers, agents and employees, or by contracts with any persons;

    (13) To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the sewerage authority or to carry out any power expressly given in this act subject to  "Local Public Contracts Law," P.L.1971, c. 198 (C. 40A:11-1 et seq.);  and

    (14) To enter into any and all lease agreements with sewerage authorities, and municipalities, and counties operating sewerage systems, for the rental of equipment owned by authority and municipality and/or county, together with the personnel to operate said equipment.

     L.1946, c. 138, p. 649, s. 7, eff. April 23, 1946.  Amended by L.1968, c. 317, s. 1, eff. Oct. 7, 1968;  L.1975, c. 96, s. 3, eff. May 16, 1975; L.1980, c. 77, s. 2, eff. July 24, 1980.