Our Future Plans
Competition not Monopoly!
Residents have choices! PMUA may make it difficult to opt-out of its solid waste program but residents can do so after contracting with an alternate provider and completing the mandated PMUA application form. This form can be picked up, mailed, faxed, or downloaded from PMUA's website. We are thrilled that it is now much easier to get the form. We would like PMUA to make sure residents are aware that they can opt-out of the solid waste service. According to Mr. Watson, on March 17, "we are not going to make it easy" (for people to opt-out).
On January 22, 2009, PMUA held a "public hearing" to increase rates on sewerage and solid waste disposal. As evidenced at the February 19, 2009 PMUA meeting, rates were bound to increase with or without public input. Rates for sewer were increased by 14% while solid waste rates rose 20%. Residents were not notified of the increase until they received their 1/1/2009-3/31/2009 bill. A public notice (link to public notice) which states, "The Public Hearing is to discuss and take action with respect to adjustments to certain sanitary sewer and solid waste charges, rates, and fees." does not constitute notification to residents about the proposed adjustments. As per regulations regarding municipal authorities:
"40:14B-23. Municipal authorities - Every municipal authority shall prescribe and from time to time when necessary revise a schedule of all its service charges, which may provide a single rent, rate, fee or charge for any of its utility charges and which shall comply with the terms of any contract of the municipal authority and may be such that the revenues of the municipal authority will at all times be adequate to pay the expenses of operation and maintenance of the utility system, including reserves, insurance, extensions, and replacements, and to pay the principal of and interest on any bonds and to maintain such reserves or sinking funds therefor as may be required by the terms of any contract of the municipal authority or as may be deemed necessary or desirable by the municipal authority. Said schedule shall thus be prescribed and from time to time revised by the municipal authority after public hearing thereon which shall be held by the municipal authority at least 20 days after notice of the proposed adjustment is mailed to the clerk of each municipality serviced by the authority and publication of notice of the proposed adjustment of the service charges and of the time and place of the public hearing in at least two newspapers of general circulation in the area serviced by the authority. The municipal authority shall provide evidence at the hearing showing that the proposed adjustment of the service charges is necessary and reasonable, and shall provide the opportunity for cross-examination of persons offering such evidence, and a transcript of the hearing shall be made and a copy thereof shall be available upon request to any interested party at a reasonable fee. The municipal authority shall likewise fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for periods of not more than one year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the municipal authority and shall at all reasonable times be open to public inspection."
DumpPMUA's take: The statute is extremely clear, "Said schedule shall thus be prescribed and from time to time revised by the municipal authority after public hearing thereon which shall be held by the municipal authority at least 20 days after notice of the proposed adjustment is mailed to the clerk of each municipality serviced by the authority and publication of notice of the proposed adjustment of the service charges and of the time and place of the public hearing in at least two newspapers of general circulation in the area serviced by the authority. The municipal authority shall provide evidence at the hearing showing that the proposed adjustment of the service charges is necessary and reasonable, and shall provide the opportunity for cross-examination of persons offering such evidence, and a transcript of the hearing shall be made and a copy thereof shall be available upon request to any interested party at a reasonable fee." If the intention of the legislatures who wrote the statute was not to have the proposed adjustment of the service charges listed on the public meeting notice, they would have been able to leave that line out because the sentence following states the same thing must happen at the public meeting. We believe this is clear evidence that PMUA violated the public meeting law and had the audacity to bill residents retroactively. PMUA neglected the word AFTER but they maintain that the statute doesn't give clear direction as to what needs to be in the public notice. It's interesting that other MUA's think differently.
Click to see Jackson MUA notice - Click to see Brick MUA notice. The PMUA didn't only take action on the rate increase but made it retroactive to Jan 1, 2009 - 21 days prior to the "public hearing." Here are a few other MUA notices:
| WestMilford | EssexCountyUA |
| MountHollyMUA | Essex_CountyMUA-solidwaste |
| HillsboroughMUA |
This illustrates that the PMUA believes they can retroactively increase rates without proper notification to their customers. This is completely UNACCEPTABLE and ILLEGAL!
To opt-out or not to opt-out? Residents are still mandated to pay a "shared services" fee each quarter. Residents are currently paying this charge as part of their solid waste bill. The current rate is $63.23 per quarter. We have requested information from town council because this fee appears to be a tax rather than a true solid waste charge. Even with the shared services charge, residents who use alternative services are seeing monthly savings of between $8 - $15 for rear or side yard service. That amounts to more than $100 per year. If the shared services fee is revoked, residents who opt-out will see a yearly savings of more than $360.
Next Steps
* Continue discussion with local, county, and state officials
* Provide residents with a reduction on sewerage fees for car washing and lawn watering
* Demand accountability and transparency from PMUA and city officials
* Host block association information sessions
* Demand that PMUA executives and commisioners stop attending conferences that are not helping to reduce costs for Plainfield property owners
* Bring regulatory reform to PMUA
* Make sewer and solid waste disposal more affordable for ALL Plainfield homeowners