Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:66A-13. Negotiability of bonds or obligations Any provision of any law to the contrary notwithstanding any bond or other obligation issued pursuant to this act shall be fully negotiable in the meaning and for all purposes of the law merchant and negotiable instruments law of t…

40:66A-14 Provisions of bond resolutions. 14. Any bond resolution of an incinerator or environmental services authority providing for or authorizing the issuance of any bonds may contain provisions, and such incinerator or environmental services authority, in order to secure the …

40:66A-15 Default in payment of bonds; trustee; appointment; powers; receiver. 15. In the event that there shall be a default in the payment of principal of or interest on any bonds after the same shall become due, whether at maturity or upon call for redemption, and such default…

40:66A-16 Personal liability on bonds; not debt or liability of State or local unit. 16. Neither the members of the incinerator or environmental services authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by reason of the …

40:66A-17 Real property, acquisition of; condemnation. 17. Every incinerator or environmental services 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…

40:66A-18 Service charge with regard to real property; interest; liens, enforcement of; collection. 18. (a) In the event that a service charge of any incinerator or environmental services authority with regard to any parcel of real property shall not be paid as and when due, inte…

40:66A-19 Sale, lease, loan, grant or conveyance to incinerator, environmental services authority; permit. 19. Any county, by resolution of its board of chosen freeholders, or any municipality, by ordinance of its governing body, or any other person is hereby empowered, without a…

40:66A-2 Public interest and policy declared. 2. 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 health and welfare of the citizens thereof by the proper collection and disposal of garbage and …

40:66A-20 Contracts. 20. Any incinerator or environmental services authority and any municipality within the district by ordinance of its governing body may enter into a contract or contracts providing for or relating to the collection, treatment and disposal of garbage and refus…

40:66A-21 Public bodies to pay service charge. 21. Each county, municipality and other public body shall promptly pay to any incinerator or environmental services authority all service charges which the incinerator or environmental services authority may charge to it, as owner or…

40:66A-22 Mortgage, pledge or disposal of garbage disposal system; exemptions. 22. Neither the incinerator or environmental services authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the garbage disposal system, except…

40:66A-23. Bonds as legal investments 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 companies, savings banks and in…

40:66A-24 Property as public property; bonds declared issued by political subdivision; bonds exempt from taxation. 24. Every garbage disposal system and all other property of an incinerator or environmental services authority are hereby declared to be public property of a politic…

40:66A-25 Competitive systems; State's pledge and agreement with bondholders. 25. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to this act that the State will not authorize or permit the construction or mainten…

40:66A-26 Banks authorized to give undertaking; deposits. 26. All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any incinerator or environmental services authority a good and …

40:66A-27 Municipalities' powers respecting garbage disposal limited after creation of incinerator, environmental services authority; use of services. 27. After the creation of an incinerator or environmental services authority as provided herein, no municipality within the distr…

40:66A-28. Liberal construction This act shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized. L.1948, c.348, p.1379, s.28; amended by L.1968, c. 382, s. 2, eff. Dec. 27, …

40:66A-29. Municipalities not prohibited from operating garbage disposal plants Nothing in this act shall be construed to prevent or prohibit any municipality from erecting, constructing, operating and maintaining an incinerator or garbage disposal plant or other means for the di…

40:66A-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; (2) "Governing…

40:66A-30. Partial invalidity 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 …

40:66A-31. Disposal of trash and garbage by sanitary landfill or incinerator method in accordance with state sanitary code Any municipality may by ordinance require that by June 30, 1960 all trash and garbage collected within or without the municipality and disposed of within the…

40:66A-31.1. Short title This act shall be known and may be cited as the "County Solid Waste Disposal Financing Law" . L.1970, c. 242, s. 1, eff. Oct. 28, 1970.

40:66A-31.10. Power of municipality, joint meeting or authority or private company to enter contract with county Any municipality, joint meeting or authority with which a county is authorized to contract under the terms and provisions of this act shall have power, by ordinance du…

40:66A-31.11. Bonds as legal investment; tax exemption 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 companies, sav…

40:66A-31.12. Payments to county and ad valorem tax by municipality, joint meeting or authority The chief fiscal officer of each municipality, joint meeting or authority which shall have entered into a contract pursuant to this act, shall cause to be paid to the county, at such t…

40:66A-31.13. Payments to county by private companies; lien of unpaid amount; priority Each private solid waste or incinerator company or industry which shall have entered into a contract with a county pursuant to this act, shall pay at such times as shall be provided in such con…

40:66A-31.14. Construction of act; severability The object and design of this act being the protection and preservation of public health, safety and welfare, this act shall be liberally construed and the powers granted and the duties imposed by this act shall be construed to be i…

40:66A-31.15. Preemption of solid waste disposal system by incinerator authority In the event an incinerator authority has been established in a county pursuant to the provisions of chapter 348 of the laws of 1948 (C. 40:66A-1 et seq.), the "incinerator authorities law," no count…

40:66A-31.2. Public policy 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 health and welfare of the citizens thereof by the proper collection, treatment and disposal of solid waste and other r…

40:66A-31.3. Definitions As used in this act, unless a different meaning clearly appears from the context: (1) The word "county" shall mean any of the several counties of the State operating under the authority granted by this act. (2) The term "board of chosen freeholders" or th…

40:66A-31.4. Powers of county Any county in the State which may hereafter come under the provisions of this act as hereinafter provided is hereby authorized and empowered: (1) To purchase, construct, improve, extend, enlarge or reconstruct solid waste disposal facilities within s…

40:66A-31.4a. Condemnation; declaration of taking; deposit in court; vesting title; transfer of possession; service of notice of filing; determination of compensation On or after the institution of an action by a county for condemnation of property and to fix the compensation to …

40:66A-31.5. Resolution to exercise powers by board of chosen freeholders; approval by commissioner; replacement or repair of damaged property Whenever the board of chosen freeholders of any of the several counties of the State by resolution chooses to exercise the powers granted…

40:66A-31.6. Bonds; ordinance; issuance; use of proceeds; pledge of revenue for repayment The board of chosen freeholders is hereby authorized to provide by ordinance at one time or from time to time for the issuance of general obligation bonds of the county for the purpose of pa…

40:66A-31.7. Contracts A county may negotiate and enter into contracts, with municipalities within or adjoining its boundaries, joint meetings, authorities and on uniform terms with all private solid waste disposal companies operating in the county or proposing to operate therein…

40:66A-31.8. Rates or rentals After the commencement of operation of solid waste disposal facilities, the county may prescribe and change from time to time rates or rentals to be charged for the use of the services of such facilities. Such rates or rentals being in the nature of …

40:66A-31.9. Financing by county pursuant to agreement with municipality, joint meeting or authority If a county, pursuant to agreement with a municipality or municipalities therein, joint meetings or authorities, shall construct or acquire solid waste disposal facilities which w…

40:66A-32. Short title This act shall be known and may be cited as the "solid waste management authorities law." L.1968, c. 249, s. 1, eff. Aug. 16, 1968.

40:66A-33. Public interest and policy declared 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 health and welfare of the citizens thereof by the proper collection and disposal of garbage, solid…

40:66A-34. Definitions 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; (2) "Governing b…

40:66A-35. Solid waste management authority may be created by municipalities; filing of ordinance or resolution (a) The governing body of any municipality may, by ordinance duly adopted, create a public body corporate and politic under the name and style of " solid waste manageme…

40:66A-36. Solid waste management authority; powers to be vested in members; membership; reimbursement for expenses; election (a) The powers of a solid waste management authority shall be vested in the members thereof in office from time to time. A majority of the entire authoriz…

40:66A-37. Acquisition of incinerators; treatment plants or works Every solid waste management authority is hereby authorized and directed, subject to the limitations of this act, to acquire, in its own name but for the local unit or units, by purchase, gift, condemnation or othe…

40:66A-38. Solid waste management authority as political subdivision; powers Every solid waste management authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and essential gov…

40:66A-39. Audit of accounts of solid waste management authority annually; filing It shall be the duty of every "solid waste management authority," created pursuant to this act, to cause an annual audit of the accounts of the authority to be made and filed with the authority, and…

40:66A-4 Creation of incinerator or environmental services authority. 4. (a) The governing body of any municipality may, by ordinance duly adopted, create a public body corporate and politic under the name and style of "the ................................ incinerator authority" …