CHAPTER 9. A Supplement to an act entitled "An act for the appointment of fire wardens, the prevention of forest fires and the repeal of sundry acts relating thereto,' approved April eighteenth, nineteen hundred and six. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: Fire district may include several townships. 1. The State Board of Forest Park Reservation Commissioners may include parts of several townships in a single fire district and appoint a fire warden thereof, and the services of and expenses incurred by said warden shall be paid as provided in the act to which this act is a supplement, jointly by the State and by the township in which they were incurred. If such fire district shall include the right of way of any railroad company and the land adjacent thereto, the board may make such arrangement with said railroad company regarding compensation and expenses of such fire warden as it may deem best; provided, however, in no case shall the State Proviso. pay a larger proportion of such expense than it would pay if such agreement were not made. defined. 2. Wherever the word "township" is used in the act "Township" to which this act is a supplement, the said word shall be taken to mean and include a city, town, borough and village as well as a township. 3. This act shall take effect immediately. Approved March 14, 1907. Preamble. Discharge of sewage into certain por tion 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. affected to be notified. The Passaic Valley Sewerage Commissioners are Municipalities hereby authorized and directed, within thirty days after 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 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: served. 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. Valley Sewerage Commissioners the cost, not exceeding ten thousand dollars ($10,000), of preparing such maps, plans, specifications and estimates so requested. ment. 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. Time and delivering manner of copies to be kept. An accurate record of the time and manner of the delivering of said copies by the clerk of the Passaic Valley Sewerage Commissioners to the clerks of said 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 Provisions to intercepting sewer or sewers, plant or works, to be made in preparing 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 be considered plans, etc. |