1 Collyer Lane, Basking Ridge, NJ 07920
Phone: 908-204-3001; Fax: 908-204-3015; Website: www.bernards.org
Resolution #2012-0311
Denying Consent to the Proposed Somerset County Water Quality Management Plan (“WQMP”)
Amendment Entitled, “Countywide Wastewater Management Plan for the County of Somerset,
New Jersey: Future Wastewater Service Areas”
WHEREAS, the Somerset County Board of Chosen Freeholders and Somerset County Planning
Board indicate their desire to provide for the orderly development of wastewater facilities
throughout the County of Somerset; and
WHEREAS, the New Jersey Department of Environmental Protection (“NJDEP”) requires that
proposed wastewater treatment and conveyance facilities and wastewater service areas, as well
as related subjects, be in conformance with an approved Water Quality Management Plan
(“WQMP”); and
WHEREAS, the NJDEP has established the WQMP amendment procedure as the method of
incorporating changes to the previously adopted wastewater service areas consistent with the
requirements established in N.J.A.C. 7:15-5.24; and
WHEREAS, a proposed WQMP amendment noticed in the New Jersey Register on May 21,
2012, for the “Countywide Wastewater Management Plan for the County of Somerset: Proposed
Future Wastewater Service Areas” has been prepared by the Somerset County Planning Board in
coordination with the NJDEP; and
WHEREAS, the Somerset County Planning Board did not adequately coordinate its work on the
proposed “Future Wastewater Service Areas” with the Township of Bernards’ Wastewater
Management Advisory Committee appointed by the Mayor, NJDEP, affected property owners,
sewer authorities and other stakeholders, and attempted to comply and submit the accurate sitespecific documentation required to achieve NJDEP acceptance of the proposed “Future
Wastewater Service Areas” in accordance with NJDEP’s interim review process; and
WHEREAS, by letter dated May 11, 2012, to the Township Committee of Bernards and
N.J.A.C. 7:15-3.4, the Somerset County Planning Board requested that the Township Committee
of Bernards adopt written statements of consent for the proposed WQMP; and
WHEREAS, pursuant to N.J.A.C. 7:15-3.4(g)4.iv, the Township Committee denies consent to
the proposed WQMP based upon counsel from its professionals and consultants that the
proposed WQMP mapping is so materially and substantially erroneous in numerous respects that
the Township Committee must deny its consent; and
WHEREAS, the Township Committee is opposed to any expansion of the current WQMP not
explicitly authorized by the Bernards Township Sewerage Authority; and
WHEREAS, the Bernards Township Sewerage Authority adopted Resolution 1143 on April 12,
2011, opposing the inclusion of portions of Block 11601 Lot 3.01, Pingry School, in the
Wastewater Service Area and those portions opposed by Resolution 1143 remain in the proposed
WGMP and Somerset County Wastewater Management Plan.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Township Committee denies consent to the amendment entitled, “Countywide
Wastewater Management Plan for the County of Somerset: Future Wastewater Service
Areas”, noticed on May 21, 2012, prepared by the Somerset County Planning Board for the
purpose of its incorporation into the applicable WQMPs for the following reasons:
a. The proposed WQMP mapping is so materially and substantially erroneous in numerous
respects as interpreted by Bernards Township professionals and consultants such that the
Township Committee must deny its consent; and
b. The Township Committee is opposed to any expansion of the current WQMP not
explicitly authorized by the Bernards Township Sewerage Authority; and
c. The Bernards Township Sewerage Authority adopted Resolution 1143 on April 12, 2011
opposing the inclusion of portions of Block 11601 Lot 3.01, Pingry School, in the
WQMP. Those portions of Block 11601 Lot 3.01 opposed by Resolution 1143 remain in
the proposed WQMP and Somerset County Wastewater Management Plan; and
d. The Township Committee expressly urges the Somerset County Board of Freeholders
and Somerset County Planning Board not to adopt the proposed WQMP for Bernards
Township and to disapprove the WQMP pursuant to N.J.A.C. 7:15-3.4g.8.
2. This Resolution shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3.
3. Copies of this Resolution shall be provided to the Board of Chosen Freeholders of the
County of Somerset; Somerset County Planning Board, Bernards Township Wastewater
Management Advisory Committee and Bernards Township Sewerage Authority.
Agenda and Date Voted:
07/10/2012
CERTIFICATION
I hereby certify this is a true and exact copy of a resolution adopted
by the Bernards Township Committee on 07/10/2012.
Denise Szabo, Municipal Clerk