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Preamble.

Discharge of sewage into certain portion of Passaic river prohibited.

CHAPTER 10.

An Act to provide for the purification of the waters of the Passaic river within the Passaic valley sewerage district, prohibiting the discharge of sewage or other polluting matter into said portion of said river after a fixed date, and authorizing municipalities lying in whole or in part within the Passaic valley sewerage district, from the territory of which sewage or other polluting matter is or may be discharged into said portion of said river, to enter into contracts with each other and with the Passaic Valley Sewerage Commissioners for the intercepting and disposal of such sewage and other polluting matter, and to provide the necessary funds therefor.

WHEREAS, A large number of municipalities and the inhabitants thereof are now discharging sewage and other polluting matter into the waters of the Passaic river within the Passaic valley sewerage district, between the Great falls at the city of Paterson and the mouth of the Passaic river at Newark bay, and said waters are thereby polluted; and

WHEREAS, In order to purify said portion of said river, it is necessary that power be granted to said municipalities to adopt some method to prevent the discharge of sewage and other polluting matter into said portion of said river by mutual co-operation, and that a reasonable time be granted within which to provide the necessary means for intercepting and disposing of said sewage and other polluting matter:

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Every municipality, corporation and individual is hereby prohibited and forbidden to discharge, directly

or indirectly, any sewage or other polluting matter into the waters of the Passaic river at any point between the Great falls in the city of Paterson and the mouth of the said river at Newark bay, or into any tributaries of the Passaic river which empty into the Passaic river between said points, after the twelfth day of December, in the year one thousand nine hundred and twelve; and the Passaic Valley Sewerage Commissioners are hereby authorized and empowered to enforce the provisions of this act over and throughout all municipalities which may, or the inhabitants of which may, directly or indirectly, discharge sewage or other polluting matter into the waters of the Passaic river between the points above designated, or into the tributaries aforesaid, after the said twelfth day of December, one thousand nine hundred and twelve.

The Passaic Valley Sewerage Commissioners are Municipalities. hereby authorized and directed, within thirty days after affected to be the approval of this act, to notify each municipality from which sewage or other polluting matter is or may be discharged into the said river between said points, either directly or indirectly, and the inhabitants thereof, that the discharge of sewage and other polluting matter into the waters of the said river must be discontinued on or before the twelfth day of December, in the year one thousand nine hundred and twelve. Such notice shall be How notice served. in writing, signed by the president and secretary of the Passaic Valley Sewerage Commissioners, and shall be served upon the clerk or the equivalent officer of every such municipality, and shall be published in one of the newspapers printed and circulating in the counties of Passaic, Bergen, Hudson and Essex, for two consecutive weeks, once in each week, such public notice to be in the following form:

notice.

TO WHOM IT MAY CONCERN: Public notice is hereby Wording of given that the discharge of sewage and other polluting matter into the waters of the Passaic river at any point between the Great falls, at the city of Paterson, and Newark bay, and into the tributaries of the said river emptying therein between said points, is prohibited and must cease and be discontinued after December twelfth, in the year one thousand nine hundred and twelve.

Bringing of suits; jurisdiction of court.

Acceptance of act by

The Passaic Valley Sewerage Commissioners are further authorized and empowered to institute in their corporate name suits at law or in equity, as may be deemed necessary or appropriate to enforce the provisions of this section of the act after said twelfth day of December, in the year one thousand nine hundred and twelve; and the Court of Chancery of this State is hereby vested with special jurisdiction to enforce the provisions of this section of this act in a summary manner upon application of the Passaic Valley Sewerage Commissioners. 2. The governing body or board having charge of municipalities. finances of any municipality or municipalities, lying in whole or in part within the Passaic valley sewerage district may, by resolution, determine that it is advisable and to the interest of such municipality or municipalities, in order to comply with the provisions of this act, to cause the sewage and other polluting matter discharging or which may be discharged into the waters of the Passaic river, from its or their territory, within the Passaic valley sewerage district, to be intercepted by a trunk or main intercepting sewer or sewers, and to be conducted to a safe and proper place for discharge and disposal, and there to be discharged and disposed of; and may further, by said resolution, request the Passaic estimates, etc. Valley Sewerage Commissioners to prepare and submit maps, plans and specifications, for the construction of a joint trunk or main intercepting sewer or sewers, and of the necessary works for the discharge and disposal of sewage and other polluting matter, at some safe and proper place or places, together with an estimate of the probable cost of such construction and of the operation and maintenance thereof, and of obtaining the necessary property rights for the construction thereof, and also an estimate of the sewage capacity in said trunk sewer or sewers, required by each municipality lying in whole or in part within said sewerage district. Also, an estimate of the proportion of said cost of construction, as near as may be, which would be apportioned to each of said. municipalities, upon the basis expressed in section four Agreement as of this act. The municipality making such request shall, of preliminary in and by said resolution, agree to pay the said Passaic

Action to

secure plans,

to payment

expenses.

ment.

Valley Sewerage Commissioners the cost, not exceeding ten thousand dollars ($10,000), of preparing such maps, plans, specifications and estimates so requested. And such municipality shall, at the time of making Part paysuch request, pay as part of said expenses the sum of five thousand dollars ($5,000) to the Passaic Valley Sewerage Commissioners, which said moneys the said municipality is authorized to appropriate and pay from any fund or balance not otherwise appropriated; and it is Balance. also further authorized to raise by temporary loans, notes or bonds, said sums so to be advanced and paid by said municipality, which shall be repaid to it, with interest at the rate of five per centum per annum, when contract, as hereinafter provided, shall have been entered into for the building of said sewer, sewers, plant or works.

of maps,

etc.

3. Upon receiving a copy of such resolution or resolu- Preparation tions, authenticated by the clerk or other like officer of specifications, any one or more of such municipalities, the Passaic Valley Sewerage Commissioners shall forthwith prepare the said maps, plans and specifications and estimates, so requested, and copies thereof shall be delivered by the clerk of the Passaic Valley Sewerage Commissioners, to each of the clerks or other like officers of all the municipalities lying in whole or in part within the Passaic valley sewerage district.

manner of

An accurate record of the time and manner of the Time and delivering of said copies by the clerk of the Passaic delivering Valley Sewerage Commissioners to the clerks of said copies to be municipalities shall be made by the clerk of the Passaic Valley Sewerage Commissioners, and entered upon the minutes of said boards, and a like record shall be kept by the clerks of the said municipalities and shall be entered upon the minutes of the boards or bodies having charge of the finances in said municipalities respectively. In preparing the maps, plans and specifications for the intercepting sewer or sewers, plant or works, to be made by the said commissioners as herein provided, and in making the estimate of the sewage capacity required for each municipality, regard shall be had by the said commissioners both to the area and population to be provided

Provisions to

be considered

in preparing

plans, etc.

Agreement
for joint con-
struction and
operation of

sewers.

What contract to describe.

Cost of construction apportioned.

for, making provision, however, for not more than ten per centum of the factory waste and excluding all waste from gas works, and all substances or discharges which may injuriously affect the integrity of the sewer or sewers when constructed.

4. Any two or more of said municipalities, at any time after the expiration of three months from the date of the said delivery of copies of said maps, plans, specifications and estimates to all of the said municipalities lying in whole or in part within the said sewerage district, are hereby authorized and empowered, by resolution of their governing bodies or boards having charge of their finances, to enter into a contract in writing with each other and with the Passaic Valley Sewerage Commissioners, in their corporate capacities, for the construction, maintenance and operation of said sewer or sewers, plant or works, with the appurtenances, or of so much thereof as may be necessary and appropriate for the contracting municipalities, together with works, machinery, appliances and other things requisite or useful for the purposes to be accomplished by such intercepting sewer or sewers, and for the purchase of lands, rights in lands and other property requisite or useful therefor.

The contract herein authorized shall generally describe the route, line, size and capacity of such intercepting sewer or sewers, and shall fix the percentage of the capacity therein, to the use of which each of the contracting municipalities shall be entitled, together with the percentage of the cost and expense of construction, repair, maintenance and operation of the same to be paid by each of the contracting municipalities. The cost of the construction of said sewer or sewers, plant and works shall in said contract be apportioned to the respective municipalities entering into the contract in such proportion as the taxable property, real and personal, within so much of said municipality so contracting as is embraced in said sewerage district bears to the total amount of taxable property, real and personal, within so much of all the municipalities so contracting as is embraced within said sewerage district, as returned and certified by the respective taxing boards and taxing offi

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