Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:14-23. Unauthorized powers Nothing herein contained shall authorize the acquisition by any commission organized in accordance with this act of any property or interests therein, by condemnation or right of eminent domain but such rights of acquisition shall remain in the respe…

40:14-24. Individual flood control action by county or municipality The establishment of any commission in accordance with this act shall in no way impair or diminish the powers of any municipality or county to act individually or severally in preventing or alleviating floods. L.…

40:14-3 Improvement of waterways; joint contracts. 40:14-3. Whenever any one or more counties and municipalities shall have flowing through their respective boundaries and borders, any inland waterways or navigable stream, and it shall be deemed to the advantage of any two or mor…

40:14-4 Joint action; authorization; plans and specifications. 40:14-4. Whenever the work of increasing the depth or width or both of such inland waterways or navigable stream is contemplated, each county and municipality desiring to enter into the project shall, by its board or …

40:14-5 Work done as local or general improvement; notice. 40:14-5. The work authorized and mentioned in chapter 14 of Title 40 of the Revised Statutes (R.S.40:14-1 et seq.) may be done either as a local or general improvement, and notice of all proceedings shall be given as is r…

40:14-6 Work done by contract. 40:14-6. All work to be done pursuant to the provisions of chapter 14 of Title 40 of the Revised Statutes (R.S.40:14-1 et seq.), shall be by contract let to the lowest responsible bidder after advertisement for bids in accordance with the provisions…

40:14-7. Bonds; law applicable Bonds and temporary improvement notes may be issued by each or any of the counties or municipalities joining in such agreement and work, to be issued in accordance with article 1 of chapter 1 of this title (s. 40:1-1 et seq.).

40:14-8. Assessments for benefits If the work herein provided for is done as a local improvement, assessment of benefits shall be made in accordance with the provisions of chapter 56 of this title (s. 40:56-1 et seq.).

40:14-9. Individual powers of county or municipality unaffected Nothing in this article contained shall deprive any county or municipality, from doing any of the work herein provided for, without joining with any other county or municipality.

40:14A-1. Citation of act This act shall be known and may be cited as the "sewerage authorities law." L.1946, c. 138, p. 639, s. 1, eff. April 23, 1946.

40:14A-10. Bonds; issuance authorized For the purpose of raising funds to pay the cost of any part of its sewerage system, a sewerage authority shall have power to authorize or provide for the issuance of bonds pursuant to this act. Such sewerage authority shall adopt a resolutio…

40:14A-11. Resolution for issuance of bonds; ordinance; sale of bonds (a) A bond resolution of a sewerage authority may provide for the issuance of bonds of the local unit or units in accordance with this section for the purpose stated in section ten. Such a bond resolution shall…

40:14A-12. Funding or refunding bonds (a) A bond resolution of a sewerage authority may provide for and authorize the issuance of bonds of the sewerage authority in accordance with this section for the purpose stated in section ten or for the purpose of funding or refunding any b…

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…