Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:14A-13. Interim certificates or bonds After sale of any bonds pursuant to section eleven or section twelve of this act, the sewerage authority shall have power to authorize the execution and issuance to the purchasers, pending the preparation of the definitive bonds, of interi…

40:14A-14. Filing copy of bond resolution; publication of notice; objections Any sewerage authority may cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and in the office of clerk of the governing body of the local unit or units an…

40:14A-15. Negotiability of bonds Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within the meaning and for all purposes of the negotiable instruments law of the State, and each holder o…

40:14A-16. Provisions authorized in bond resolution Any bond resolution of a sewerage authority providing for or authorizing the issuance of any bonds may contain provisions, and such sewerage authority, in order to secure the payment of such bonds and in addition to its other po…

40:14A-17. Series of bonds; default; trustee for holders (a) The provisions of this section shall be applicable to a series of bonds authorized or issued under this act only if the bond resolution of the sewerage authority authorizing or providing for the issuance of such bonds s…

40:14A-18. Receiver; powers If a bond resolution of a sewerage authority authorizing or providing for the issuance of the bonds of any series shall contain the provision authorized by subsection (a) of section seventeen of this act and shall further provide in substance that any …

40:14A-19. Liability on bonds; exemptions Neither the members of the sewerage authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by reason of the issuance thereof. Bonds or other obligations issued pursuant to this act sha…

40:14A-2. Declaration of policy; purpose It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all reasonable means the relief of waters in or bordering the State from pollution and thus to reduce and ultimately abate the me…

40:14A-20. Real property; acquisition Every sewerage authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift, grant or devise and to take for public use real property, within or without the district, which may be deemed by the …

40:14A-21 Interest on service charges; liens; enforcement. 21. (a) In the event that a service charge of any sewerage authority with regard to any parcel of real property shall not be paid as and when due, interest shall accrue and be due to the sewerage authority on the unpaid b…

40:14A-22. Sale or lease of property by county or municipality to sewerage authority Any county, by resolution of its governing body, or any municipality, by ordinance of its governing body, or any other person is hereby empowered, without any referendum and without the consent o…

40:14A-23. Contracts for collection, treatment or disposal of sewage; powers of sewage authority Any sewerage authority, for the carrying out and effectuation of its purposes, and (a) any of the local units or (b) any other municipality whether within or without the district, and…

40:14A-24. Sewage and industrial wastes In order to carry out and effectuate its purposes, any sewerage authority, subject to its contracts with the holders of any bonds, is hereby empowered to provide, construct, maintain and operate facilities for the treatment and disposal of …

40:14A-25. Connections with existing drains and pumping stations (a) In order to carry out and effectuate its purposes, every sewerage authority is hereby authorized to enter upon and use and connect with any existing public drains, sewers, conduits, pipe lines, pumping and venti…

40:14A-26. Connections with drains serving county and other property; service charges (a) Each county and municipality within the district, and every person owning or operating any sewer or drain or any system of water distribution serving three or more parcels of real property i…

40:14A-27. Mortgage or sale of property of authority; limitations; exemption Neither the sewerage authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the sewerage system, except that the sewerage authority may dispose of…

40:14A-28. Pollution prohibited; prevention of violations (a) No county, municipality or person shall discharge, or suffer to be discharged, directly or indirectly into any waters in or bordering a district any sewage which may or will cause or contribute to the pollution of such…

40:14A-29. Construction of other disposal plants prohibited No sewage disposal plant or other facilities for the collection, treatment or disposal of sewage arising within a district shall be constructed unless the sewerage authority shall give its consent thereto and approve the…

40:14A-3 Definitions. 3. As used in this act, unless a different meaning clearly appears from the context: (1) "Municipality" shall mean any city of any class, any borough, village, town, township, or any other municipality other than a county or a school district, and except whe…

40:14A-30. Investments in sewerage authority bonds authorized Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof, all banks, bankers, trust compani…

40:14A-31. Taxation exemption Every sewerage system and all other property of a sewerage authority are hereby declared to be public property of a political subdivision of the State and devoted to an essential public and governmental function and purpose and shall be exempt from a…

40:14A-31.1. Eligibility for annual host municipality benefit; calculation 1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a municipality with a population greater than 6,150 persons but less than 6,600 persons, according to the latest federal de…

40:14A-31.2. Payment of benefit 2. a. An authority subject to the provisions of this act shall annually pay the appropriate municipality the full amount of the benefit provided for in this act, and a recipient municipality may anticipate this amount for the purposes of preparing …

40:14A-31.3. Benefit constitutes personal obligation of authority 3. The host municipality benefit provided for under this act shall constitute a personal obligation of the appropriate authority, and shall be enforced through civil action pursuant to the New Jersey Court Rules. L…

40:14A-32. Pledge of State to bondholders The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond resolution of a sewerage authority that the State will not authorize or permit the construction or maintenance of…

40:14A-33. Depositary bonds required of banking institutions All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any sewerage authority a good and sufficient undertaking with su…

40:14A-34. Repeal section Article three of chapter sixty-three of Title 40, Municipalities and Counties, of the Revised Statutes (R.S. s. 40:63-140 et seq.), is hereby repealed. L.1946, c. 138, p. 673, s. 34, eff. April 23, 1946.

40:14A-35 Liberal construction, independent authority; exceptions. 35. Except as provided in section 1 of P.L.2017, c.290 (C.40:14A-4.2), P.L.1946, c.138 (C.40:14A-1 et seq.) shall be construed liberally to effectuate the legislative intent and as complete and independent authori…

40:14A-36 Jurisdiction, rights of State agencies unaffected. 36. Nothing herein contained shall in any way affect or limit the jurisdiction or rights of the State Department of Health and Senior Services, Interstate Environmental Commission, Delaware River Basin Commission or Pas…

40:14A-37. Severability clause If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective it shall be valid and effective and…

40:14A-38. Findings, declarations relative to utility improvements for sewers 1. The Legislature hereby finds and declares that: a. It is necessary for the protection of the public health and safety that sewerage authorities review and approve plans for utility improvements which…

40:14A-39. Definitions relative to utility improvements for sewers 2. As used in sections 3 through 8 of P.L.1999, c.11 (C.40:14A-40 through C.40:14A-45), "developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed devel…

40:14A-4. Creation of sewerage authorities 4. (a) The governing body of any county may, by resolution duly adopted, create a public body corporate and politic under the name and style of "the ........ sewerage authority," with all or any significant part of the name of such count…

40:14A-4.1. Name change to water reclamation authority, permitted 2. Notwithstanding the provisions of any law, ruleor regulation to the contrary, an authority created pursuant to section 4 of P.L.1946, c.138 (C.40:14A-4) by ordinance or resolution, as appropriate, may change its…

40:14A-4.2 Provisions relative to budget of certain regional sewerage authorities. 1. a. Notwithstanding the provisions of any other law to the contrary, the budget of a regional sewerage authority that was created pursuant to the provisions of P.L.1946, c.138 (C.40:14A-1 et seq.…

40:14A-40. Conditions of final site plan approval 3. a. Before recording of final subdivision plats or as a condition of final site plan approval, the sewerage authority may require and shall accept in accordance with the standards adopted pursuant to sections 3 through 8 of P.L.…

40:14A-41. Payments to professionals for services rendered to sewerage authority 4. a. The chief financial officer of a sewerage authority shall make all of the payments to professionals for services rendered to the sewerage authority for review of applications for development, r…

40:14A-42. Maintenance, performance guarantee; cash requirement 5. A sewerage authority shall not require that a maintenance guarantee required pursuant to section 3 of P.L.1999, c.11 (C.40:14A-40) be in cash or that more than 10% of a performance guarantee pursuant to that secti…

40:14A-43. Disputes by applicant of charges made by professional; appeal 6. a. An applicant shall notify in writing the sewerage authority with copies to the chief financial officer and the professional whenever the applicant disputes the charges made by a professional for servic…

40:14A-44. Estimate of cost of installation of improvements 7. The cost of the installation of improvements for the purposes of section 3 of P.L.1999, c.11 (C.40:14A-40) shall be estimated by the sewerage authority engineer or by the applicant's engineer based on documented const…

40:14A-45. Acceptance of performance, maintenance guarantee which is irrevocable letter of credit 8. The sewerage authority shall, for the purposes of section 3 of P.L.1999, c.11 (C.40:14A-40), accept a performance guarantee or maintenance guarantee which is an irrevocable letter…

40:14A-5 Powers of sewerage authority. 5. (a) The powers of a sewerage authority shall be vested in the members thereof in office from time to time. A majority of the entire authorized membership of the sewerage authority shall constitute a quorum at any meeting thereof. Action m…

40:14A-6. Sewers; acquisition; operation (a) The purposes of every sewerage authority shall be the relief of waters in or bordering the State from pollution arising from causes within the district and the relief of waters in, bordering or entering the district from pollution or t…

40:14A-7 Sewerage authority a public body corporate; powers. 7. Every sewerage authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and essential governmental functions to prov…

40:14A-7.1. Audit of accounts of sewerage authority annually; filing It shall be the duty of every "sewerage authority," created pursuant to the act to which this act is a supplement, to cause an annual audit of the accounts of the authority to be made and filed with the authorit…

40:14A-7.2. Certified copies of bond resolutions and proceedings; filing Every such "sewerage authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division of Local Government in the Department of the Treasury and in addition …