Bridgewater Files Lawsuit Against Warren Over Sewer Usage Costs

BRIDGEWATER, NJ — Bridgewater has filed a lawsuit against Warren Township over a sewer usage disagreement.

"Unfortunately, we have been forced to take legal action against Warren Township in their refusal to negotiate an equitable settlement fee for their use of our system whereby their sewage goes through our system on its way to the regional sewer plant," said Council Vice President Howard Norgalis at the Dec. 5 meeting.

The lawsuit was filed in Somerset County Superior Court on Nov. 20 against Warren Township "challenging the outdated and fundamentally flawed agreement that regulates sewer flow from Warren through Bridgewater Township’s sewer conveyance system and ultimately to the treatment facility operated by the Somerset Raritan Valley Sewerage Authority[SRVSA]," said Bridgewater Deputy Township Administrator Wells Winegar.

A request for comment from Warren Township Mayor Victor Sordillo was not returned to Patch.

Portions of both Townships, Bridgewater and Warren, have a common drainage basin, which forms a region that drains into the Middle Brook.

In 1971, both municipalities agreed to a joint project to construct a regional sanitary sewer system serving portions of Warren and Bridgewater to be known as the Middle Brook Trunk. This truck would carry sewage originating from the drainage for the ultimate treatment by the SRVSA.

In the 1980s, Bridgewater constructed the Gilbride Pump Station and associated force main to handle the flow in the Middle Brook Trunk from Warren, according to the lawsuit.

"Based on metering by the Sewer Utility, the majority of the flow handled by the Gilbride Pump Station is from Warren. The Gilbride Pump Station exists primarily to handle flow from Warren," according to the lawsuit. "Over the years, Bridgewater has been required to make significant improvements and repairs to the Gilbride and Middle Brook Pump Station, totaling millions of dollars."

The lawsuit alleges that over time Warren made up the majority of the flow through the Middle Brook Trunk but is only responsible for 32.1 percent of cost sharing.

"To avoid Bridgewater taxpayers subsidizing the citizens of Warren, Bridgewater billed Warren Township for its cost share percentage of the sewer utility relating to actual flows, rather than the mistaken 32.1 percent, which was soundly rejected by defendant Warren. Bridgewater also sent a notice of termination of the agreement to Warren," according to the lawsuit.

"Warren has been steadfast that despite actually using the majority of the Middle Brook Trunk capacity, it is only responsible for paying the 32.1 percent cost figure in perpetuity," according to the lawsuit.

Winegar noted that "this lawsuit represents the culmination of a multi-year review of similar agreements under the direction of Mayor Moench, the purpose of which has been to ensure that Bridgewater taxpayers are not subsidizing flows that originate from other municipalities."

The lawsuit is demanding judgment against Warren Township "for unjust enrichment, in addition to compensatory damages together with reasonable attorneys' fees, prejudgment interest, costs of suit, and any other relief the court deems equitable and just."

"Upon review, the terms of this agreement are patently unfair and inequitable to the ratepayers and residents of Bridgewater," said Winegar. "Bridgewater had been engaged in conversations with Warren over the course of the past several years, but those negotiations are presently at an impasse which has necessitated the filing of this lawsuit. Though the Township values its relationship with its neighboring municipalities, the interests of our residents must always come first. "

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