Bergen County Utilities Authority

We had the honor of serving as General Counsel for the Bergen County Utilities Authority (BCUA) from 2004 through 2011.  The BCUA operates wastewater treatment facilities in Little Ferry and Edgewater, which provides treatment services to 47 municipalities in Bergen County.  It is the third largest wastewater treatment system in the State.  The BCUA also provides solid waste planning, cooperative marketing, recycling and other solid waste services to all 70 municipalities in Bergen County.

Our representation of the BCUA encompassed a wide variety of legal services, including public bidding and contract work, numerous environmental permits and related issues, Open Public Records Act and Open Public Meetings Act questions, public hearings as to the annual budget, service charge rates and connection fees, municipal bonds, riparian grants, intergovernmental agreements, personnel matters, and the like. We also represented the BCUA in connection with the acquisition of the Edgewater sewerage treatment plant and trunk lines from the Edgewater Municipal Utilities Authority and the Borough of Edgewater.

We also provided representation to the agency in connection with its litigation, which has included tort claims, bidding challenges, collection of service charges and connection fees, and filing an amicus brief in matters in appellate litigation between third parties where the issues would impact the agency.  The BCUA serves as the designated agency for NJDEP for enforcement of the Industrial Pretreatment program within its sewerage service area, and so we frequently appeared before the Office of Administrative Law in connection with those cases.