New Jersey P.L.1899, c.41

CHAPTER 41, LAWS OF 1899

AN ACT to secure the purity of the public supplies of potable waters in this state.

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

1. No sewage, drainage, domestic or factory refuse, excremental or other polluting matter of any kind whatsoever which, either by itself or in connection with other matter, will corrupt or impair, or tend to corrupt or impair, the quality of the water of any river, brook, stream or any tributary or branch thereof, or of any lake, pond, well, spring or other reservoir from which is taken, or may be taken, any public supply of water for domestic use in any city, town, borough, township or other municipality of this state, or which will render, of tend to render, such water injurious to health, shall be placed in, or discharged into, the waters, or placed or deposited upon the ice, of any such river, brook, stream or any tributary or branch thereof, or of any lake, pond, well, spring or other reservoir above the point from which any city, town, borough, township or other municipality shall or may obtain its supply of water for domestic use, nor, shall ally such sewage, drainage, domestic or factory refuse, excremental or other polluting matter be placed or suffered to remain upon the banks of any such river, brook, stream or of any tributary or branch thereof, or of any lake, pond, well, spring or other reservoir above the point from which any city, town, borough, township or other municipality shall or may obtain its supply of water for domestic use as aforesaid; and any person or persons, or private or public corporation, which shall offend against any of the provisions of this section shall be liable to a penalty of one hundred dollars for each offense; and each week's continuance, after notice by the state or local board of health to abate or remove the same, shall constitute a separate offense; provided, however, that this section shall not be held to apply to any city, town, borough, township or other municipality of this state which, at the date of the passage of this act, has a public sewer or system of sewers, drain or system of drains, legally constructed under municipal or township authority, discharging its drainage or sewage into any such river, brook, stream, lake, pond, well, spring or other reservoir; and provided, further, that nothing in this section contained shall be construed to repeal, modify or otherwise affect any law or statute now conferring upon any local board of health the power or authority to institute any proceedings in any court of this state for the recovery of any penalty for, or obtaining any injunction against, the pollution of any of the waters of this state.

2. Any penalty incurred under any of the provisions of the first section of this act may be recovered, with costs, in a summary proceeding, either in the name of the board of health of the state of New Jersey, or in the name of the local board of health of the township, city, borough, town or other local municipal government within whose jurisdiction the penalty may have been incurred; it shall be the duty of any health inspector, or member of any local board of health, who shall know or be informed of any violation of any of the provisions of the first section of this act whereby any penalty may have been incurred, to make, and any other person having such knowledge may make, under oath or affirmation, a complaint against the person or persons or private or public corporation incurring such penalty, setting forth the facts of such violation, which complaint shall be filed in the office of the clerk of the district court, or with any justice of the peace of the county within which the offense may have been committed, or with any police justice or recorder of the township, city or other municipality within which any local board bringing suit shall have jurisdiction; and the district court, justice of the peace, police justice or recorder with whom any complaint shall be filed as aforesaid, setting forth facts sufficient to show that the penalty prescribed by the first section of this act has been incurred, is hereby authorized and required to issue process either in the nature of a summons or warrant, which process, when in the nature of a warrant, shall be returnable forthwith, and when in the nature of a summons shall be returnable in not less than five nor more than fifteen days; on the return of such process, or at any time to which the trial shall have been adjourned, the said court, justice of the peace, police justice or recorder shall proceed to hear the testimony of witnesses and the proofs in the case, and to determine and give judgment in the matter without the filing of any pleadings, and, if judgment shall be given in favor of the plaintiff, execution shall forthwith issue against the goods and chattels of the defendant for the amount of the penalty, with costs; and all judgments so rendered shall have the same force and effect as other judgments in civil actions before civil courts and officers, and may be docketed in like manner in the office of the clerk of th court of common pleas; the officers to serve and execute any process or execution issued as aforesaid shall be the constables of tile county, which service and execution, in the case of any execution issued out of the district court, shall be made in tie same manner and under the same liabilities as other executions issued out of said court are served and executed; the officers to serve and execute any process or execution issued by a justice of the peace, police justice or recorder shall be the constables of the county, which service and execution shall be made in the same manner and under the same liabilities as prescribed in cases of the service and execution of processes and executions by the act entitled "An act constituting courts for the trial of small causes," and the supplements thereto; all moneys recovered in any such proceeding shall be paid to the plaintiff therein and applied by such plaintiff to any purpose for which it may be legally authorized to expend money.

3. The state board of health shall have the general supervision, with reference to their purity, of all rivers, brooks, streams, lakes, ponds, wells, springs or other reservoirs in this state, the waters of which are, or may be used as, the source or sources of public water supplies for domestic use, together with the waters feeding the same, and shall have the authority, from time to time, as they deem necessary or proper, to examine the same and to inquire what, if any, pollutions exist, and their causes; and the said state board of health, in carrying out the provisions of this section may, from time to time, as they deem it necessary or proper, address inquiries in printed or written form to any local board of health, municipal or township authority, corporation, or person or persons, which inquiries it shall be the duty of the persons or parties addressed to answer within such time as the said state board of health may in such inquiries prescribe.

4. If any person or persons, corporation or corporations, city, town, borough, township, or other municipality of this state, or any municipal or township authority, shall violate any of the provisions of the first section of this act, it shall be lawful for the said state board of health, instead of proceeding in a summary way to recover the penalty prescribed in said section, to file a bill in the court of chancery, in the name of the state, on the relation of such board, for an injunction to prohibit the further violation of the said section, and every such action shall proceed in the court of chancery according to the rules and practice of bills filed in the name of the attorney general on the relation of individuals, and cases of emergency shall have precedence over other litigation pending at the time in the court of chancery, and may be heard on final hearing within such time and on such notice as the chancellor shall direct.

5. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

6. This act shall take effect immediately.

Approved March 17, 1899.