Title
Dept/ Agency: Water & Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Intergovernmental Agreement
Purpose: 2015 Combined Sewer Overflow Permit Compliance
Entity Name: Passaic Valley Sewerage Commissioners
Entity Address: 600 Wilson Avenue, Newark, New Jersey 07105
Contract Amount: N/A
Funding Source: N/A
Contract Period: Five (5) years from the date of approval by the Municipal Council
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a
Additional Information: Agreement amongst several municipalities to work cooperatively to develop a Long Term CSO Control Plan with PVSC. No municipal funds are required.
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WHEREAS, the City of Newark (the “City”) owns and operates a combined sewer system; and
WHEREAS, the City operates its combined sewer system under a permit issued by the New Jersey Department of Environmental Protection (“NJDEP”) pursuant to the New Jersey Pollutant Discharge Elimination System (“NJPDES”), a program established in accordance with the Federal Clean Water Act of 1972, 33 U.S.C. 1251 et seq.; and
WHEREAS, the City’s most recent NJPDES Permit, identified as Permit No. NJ0108758, was issued on March 12, 2015, with an effective date of July 1, 2015, as revised on October 9, 2015; and
WHEREAS, Part IV of the Permit requires the City to develop a Long Term Control Plan (“LTCP”) for the control of discharges from combined sewer overflows (“CSO”) points owned and operated by the City; and
WHEREAS, Part IV of the Permit provides that NJDEP encourages a single LTCP to be developed and submitted on behalf of all of the permittees in a “hydraulically connected sewer system”, which is defined as an entire sewerage collection system that conveys flows to one sewage treatment plant; and
WHEREAS, the City is part of a hydraulically connected sewer system that conveys flow to the Passaic Valley Sewerage Commissioners (“PVSC”) at PVSC’s facility located in Newark; and
WHEREAS, including the City, there are eight (8) entities with combined sewer systems that are hydraulically connected to PVSC, as well as PVSC itself: (1) PVSC (NJPDES Permit No. NJ0021016); (2) City of Paterson (NJPDES Permit No. NJ0108880); (3) Borough of East Newark (NJDPDES Permit No. NJ0117846); (4) Town of Kearny (NJPDES Permit No. NJ0111244); (5) Town of Harrison (NJPDES Permit No. NJ0108871); (6) City of Newark (NJPDES Permit No. NJ0108758); (7) Jersey City Municipal Utilities Authority (NJPDES Permit No. NJ0108723); (8) Bayonne Municipal Utilities Authority (NJPDES Permit No. NJ0109240); and (9) North Bergen Municipal Utilities Authority (NJPDES Permit No. NJ0108898)(collectively, the “Permittees”); and
WHEREAS, the Permittees have individually advised NJDEP of their intent to work cooperatively to submit a single LTCP for the entire hydraulically connected system; and
WHEREAS, in exchange for the commitment to work cooperatively, NJDEP has afforded the Permittees five (5) years in order to submit an approvable LTCP, instead of only three (3) years to submit an approvable LTCP on an individual basis; and
WHEREAS, certain elements of and tasks to be performed for the LTCP are common for all of the Permittees; and
WHEREAS, for the purpose of facilitating the development, coordination and performance of common elements, PVSC has, at its expense, retained a LTCP consultant to perform such services on behalf of all the Permittees; and
WHEREAS, the Permittees wish to set forth their duties and responsibilities to each other with regard to the performance of the common elements of the LTCP and have jointly drafted a cooperation agreement for the purpose of doing so, a copy of which is attached to this Resolution; and
WHEREAS, it is in the best interest of the Permittees to continue to work cooperatively towards the development of a single LTCP.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, is authorized and directed to execute the Cooperation Agreement on behalf of the City of Newark to work cooperatively with several other municipalities and public utility authorities in the development of a single Long Term Control Plan for the control of combined sewer overflows points throughout the northeast New Jersey area, as required by the New Jersey Pollutant Discharge Elimination System Permits issued and deliver copies of same to the Executive Director of the Passaic Valley Sewerage Commissioners.
2. This Resolution shall take effect immediately upon approval by the Municipal Council.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute the Cooperation Agreement on behalf of the City of Newark, for the purpose of cooperating with several other municipalities and public utility authorities in the development of a single Long Term Control Plan for the control of combined sewer overflows (CSO) points throughout the northeast New Jersey area, as required by the New Jersey Department of Environmental Protection. This cooperation will require Newark to provide certain information, documents, access to its systems, equipment or property, and take other actions to assist in the cooperative efforts. No municipal funds are required.