The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-03
PAS sAIC PC LLU7I0N
Full Text Of The Bill Pre-
pared BY the Commits
sion and Intro
duced by Mr..
Stokes.
NUISANCEs TO BE ABOLISHED
Methods by Which Those Pollut-
ing the Stream Shall Be
Proceeded Against.
NUIsANcEs TO HE ABOLISHED

raSsalc PoilEtiEf Commission, which is
designed to carry out their suggestions,
will be read with interest. 1t is as fol-
lows
q Whenever Commissioners duly APP
pointed under the authority of the Leg
i~slature of this State by the Governor Of
this State for the purpose of examining
the condition Of the waters of any river
or stream within this State. snail official
" report to the Legislature or to the
Governor that the waters of any stream
or river. within this State have, by reason
of the pollution thereof, become a public
nuisance, or are SO foul and noxious by
reason of the discharge of sewage or
other deleterious matter or substance
therein hat the public health is thereby
endangered, the Governor of this State
may, after duly considering the report
of SUCH Commissioners, at his discretion,
appoint three able and discreet men. cit
liens of this State, WAC shall constitute
a Board to be known as he -
Pollution Commission Inserting in each
case in the blank space the name of the
principal river or stream for the opurid-
cation of which said Commission was
constituted); the persons SO appointed
shall hold Office at the pleasure of the
Governor for a term not exceeding five
years, and shall receive as compensation
for their services, a salary to be fixed by
the Governor at the commencement of
each term of five years, not exceeding
dollars per aniium; any vacancy
occurring in said Board by death, resig-
nation or otherwise shal be filed in the
same manner as the original appointment
for the residue Of the term: provided,
however, that in making the first appoint
ment under this act the members of the
said Board Shall be appointed as follows:
one fer Il term of three years, one for a
term OF four years. one for a term of
i've years, and thereafter each appoint
inert shall be for a term of five years.
a. Said Board shall, as soon as may
be after its appointment, and annually
thereafter on the first Tuesday in May.
OF each year, organize by the choice of
one of its members as chairman, and
shall at the same meeting elect a clerk.
who shall not be a member of the said
Board, and may frona time to time APP
point such agents, officers and ~ervants
as it may deem necessary to carry out
the conversation and remove the same
at its pleasure; before entering Upon the
duties of their office each of the said
commissioners shall take and subscribe
an oath tina they viii faithfully and inn
partially execute and perfornf the duties
imposed upon them by law, and cause
the same to be filed In the office of the
Secretary of State of this State.
81 Such Commissioners shall nave
power and authority to make rules and
regulations relating to the discharge in
stream of any sewage, noxious or harm
full matter, and such rules and regula-
tons shall be published by the said
Commissioners at least once each week
- loO1 WCGho oSSCDak - y lt OlC "a III
the newspapers printed, published or cir
c~ulating In each of the counties through
which the said stream or the tributaries
thereof may pass, and by posting prop
lie places In each. of the said counties;
and it shall be unlawful for any per-
son or persons to discharge or
stream, or into any tributary thereof,
any sewage, noxious or harmful matter
OF substance. in violation Of the rules and
regulations adopted by the said COMMITS
sion and published as aforesaid, and n
| person or persons violating the provfs-
ions of this section shall be deemed guilty
of a misdeTneanor, and on conviction
thereof shall be punished by a fine not
exceeding one thousand dollars, or i'm
| pfisonment not exceeding one year: and it
shall be the duty of said Board to prose-
cute all persons offending against the
provisions of this act; in addition to the
remedy thus provided the said board may.
at its discretion, maintain a suit for tort
in any court of this State of competent
jurisdiction against the person or persons
who may violate n of the provisions of
this section; and If it shall be made to
appear that any person or persons against
| whom suit may be brought as aforesaid
have directly or Indirectly discharged or
I caused to be discharged into the said
stream, or any tributary thereof any
sewage, noxious OF harmful matter or
substance in violation of the rules and
regulations adopted by the said commits
sion and published as aforesaid. judg-
merit shall IN such suit be rendered for
the said board against the said person or
| persons in the sum of two hundred and
| fifty dollars for each and every violation
and offence sued for as aforesaid, but
no more thar one fine or penalty shall
be recovered in any single action SO
brought by the said board; execution
upon any judgment 50 obtained, with
costs of suit, may issue and be collected
in the sam manner as in other suits at
law in the said court, all moneys so coll
I lected by the said board may be used by
1t for he payment of the expenses in
Cured under the provisions of this act.
a. The said Commission when duly. or
| ganized, shal be deemed to be and be-
come a corporate bbdy with owe to sue
and be sued, and with the right to ac-
auire, hold, use ard dispose of all such
property as may be necessary for the
uses and purposes for which the said
board was created, and with all other
necessary powers incident to corporate
6) The said Commission may, if it
| shall deem proper, divide the territory
drained by the stream for the puriica-
| ton of which it was created, and the
| streams tributary thereto, into one or
more districts, and to make, construct.
maintain and operate in any one of the
said districts, a system of sewers or
drains, for the purpose of taking up
sewage and all either offensive ana dele
ferrous matter that has been or other
stream or any of its tributaries, and
convey the same to some proper place
or places of deposit or disposal to be
selected by the said Commissioners, there
to be deposited or disposed Of as to the
said Commissioners may seem proper,
ard as may be deemed most advan-
| tageous and conducive to the public
health; and it shall be the duty of all
persons and all corporate bodies, whether
| public or private, owning or controlling
sewers or drains, or having charge there
of, which discharge directly or Indirect
~ into the said stream, within the limits
of the district wherein intereepting or
the said board us herein provided, to
cause the same to be connected there
with, and it shall be The duty of the said
board in constructing such main or inter-
+ cepting sewers, to have them so con-
stFucted that such connection can be
4 made Herewith ut all necessary points
and places; all such connections Shall be
regulations from time to time adopted
by the said board in relation thereto, and
under the direction and supervision of
its officers and agents.
{6} In all cases in which the rules and
regulations adopted by the said BOARD
relating to the discharge of sewage.
offensive or noxious matter into the said
shall be violated, or violation thereof has
been or shall be threatened, and IN ali
cases in which siewage, foul or noxious
matter has been or may be discharged
into the said stream or its tributaries
by any person or persons, or such dis
charge may be threatened, without
the permission or authority or I'M
der the rules end regulations Of the
said board. then and in such
case, the said board may apply to the
Court Of Chancerv of this State for a writ
/ or WritS of Injunction to sprayent such vjo-