Warren Township Responds To Bridgewater Lawsuit Over Sewer Usage Costs

WARREN, NJ — Warren has issued a response after Bridgewater filed a lawsuit against the Township over a sewer usage disagreement.

The lawsuit was filed in Somerset County Superior Court on Nov. 20 over the 1971 Middle Brook Sewer Agreement. Read More: Bridgewater Files Lawsuit Against Warren Over Sewer Usage Costs

Deputy Mayor Lisa Lontai, on behalf of the Township Committee, issued the following statement:

"The Middle Brook Trunk sanitary sewer improvements were constructed at the expense of both Warren and Bridgewater in accordance with the Bridgewater-Warren (1971) Middle Brook Trunk Participation Agreement (“Agreement”). The Agreement provides that the cost of the project and future operating/maintenance costs are to be allocated 32.1% to Warren and 67.9% Bridgewater. The Agreement further provides that “Separate books of account shall be maintained for the purpose of keeping the cost records of the project separate and apart from those relating to other facilities of the Township of Bridgewater Sewerage Authority. A copy of each official audit of the project and of the operation of the project shall be given to the Township Clerk of Warren Township.

As per the foregoing provision of the Agreement, Bridgewater is required to maintain separate time and material records pertaining to the operation and maintenance of the Middle Brook Trunk improvements and provide separate books of account and official audits to Warren. Bridgewater seeks to unilaterally modify this provision of the Agreement to require a cost allocation to be paid by Warren based on the Bridgewater Sewer Utility Total Operating Expenses. Warren has no control or input over what costs and expenses Bridgewater allocates to its sewer utility. Warren is only responsible for the applicable share of the cost of maintaining the Middle Brook Trunk. Costs relating to the operation of the remainder of the Bridgewater system were never intended by this agreement to be included in any cost allocation. Warren has rejected Bridgewater's attempts to unilaterally modify the Agreement.

Bridgewater also falsely claims the effluent flow from Warren now makes up the majority use of the Middle Brook Trunk improvements. Based on the flow data from the Somerset Raritan Valley Sewerage Authority that is simply not the case. While Warren fully supports a fair and equitable agreement between the parties, it will not agree to subsidize the operations of the Bridgewater Sewer Utility at the expense of the Warren taxpayers. The costs and expenses pertaining to the operation and maintenance of the Middle Brook Trunk improvements must be accounted for separately as expressly set forth in the 1971 Agreement.

Warren will continue to defend our contractual rights under that Agreement as well as the baseless claims set forth in the Complaint filed by Bridgewater."