New Jersey P.L.1921, c.280

CHAPTER 280, LAWS OF 1921

AN ACT providing that factories, workshops or places for the manufacture of materials or goods, hereafter established within the watershed of streams above the point at which public supplies of potable water are taken, shall obtain from the Department of Health of the State of New Jersey a permit to locate or establish such factories, workshops or places.

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

1. No person or corporation shall hereafter locate or establish any factory, workshop, or place for the manufacture of materials or goods, on any watershed in this State above the point at which any public supply of potable water is taken, unless the person or corporation responsible for the operation of such factory, workshop, or place for the manufacture of materials or goods, shall have obtained from the Department of Health of the State of New Jersey a written permit granting permission to so locate or establish such factory, workshop, or place for the manufacture of materials or goods.

2. The application for permission to locate or establish such factory, workshop, or place for the manufacture of materials or goods, on any watershed shall be made in writing to the Department of Health of the State of New Jersey by the person or corporation desiring to establish and operate the same, on forms to be supplied by said department. Said department shall adopt rules and regulations setting forth the information required to be stated in such application, and such information shall be submitted to said department with all applications for permits, in order that said department may be fully informed as to the character and nature of any waste liquids or materials which may affect the quality of streams used as sources of water supply.

3. Any person or corporation violating any of the provisions of this act shall be liable to a penalty of not less than one hundred dollars nor more than five hundred dollars, to be recovered in an action of debt by the local board of health within the territorial jurisdiction of which such factory, workshop or place for the manufacture of materials or goods is located, or by the Department of Health of the State of New Jersey, and each week that such factory, workshop or place for the manufacture of materials or goods shall operate without a permit as above described shall constitute a separate offense.

4. If any person or corporation shall violate any of the provisions of this act, it shall be lawful for the Department of Health of the State of New Jersey, instead of suing for the recovery of the penalty prescribed in this act, to file a bill in the Court of Chancery, in the name of the State, on the relation of said department, for an injunction to prohibit the further violation of this act, 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. Nothing herein contained shall operate to relieve any person or corporation from any suit or action on behalf of any person aggrieved or damaged by the location or operation of any such factory, workshop or place for the manufacture of materials or goods.

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

7. This act shall take effect immediately.

Approved April 11, 1921.