of New Jersey
WHEREAS, a major and severe weather storm, commonly referred to as a Nor’easter storm, including heavy rains and high winds, has battered New Jersey since Wednesday, November 11, 2009 causing significant tidal, back bay and coastal flooding conditions affecting the Atlantic coast and tidal Delaware River counties; and WHEREAS, local government and state agencies have made a laudable response to these conditions and implement state and emergency operations plans; and,
WHEREAS, these severe weather conditions have caused significant beach erosion, damage to dunes, and debris conditions in coastal communities which reduce protection from future storms; and
WHEREAS, the beach erosion, damage to dunes and other damage caused by the severe weather conditions constitute a disaster from a natural cause, which continues to threaten and endanger the health, safety and resources of the residents of one or more municipalities and counties of this State; and
WHEREAS, this situation has proven to be too large in scope to be handled by the normal county and municipal operating services in some parts of this State, and the aftermath of this situation may spread to other parts of the State; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. App. A: 9 33 et seq., N.J.S.A. 38A:3-6.1,and N.J.S.A. 38A:2 4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers;
NOW, THEREFORE, I, JON S. CORZINE, Governor of the State of New Jersey, in order to protect the health, safety and welfare of the people of the State of New Jersey DO DECLARE AND PROCLAIM that a State of Emergency has existed and presently continues to exist in the counties of Cape May, Atlantic, Cumberland, Burlington, Ocean and Monmouth and I hereby ORDER AND DIRECT the following:
I authorize and empower the State Director of Emergency Management to implement the State Emergency Operations Plan and to direct the activation of county and municipal emergency operation plans as he deems necessary.
I authorize and empower the State Director of Emergency Management, who is the Superintendent of State Police, in accordance with N.J.S.A. A:9 33 et seq. as supplemented and amended, through the police agencies under his control, to determine the control and direction of the flow of vehicular traffic on any State highway, municipal or county road, including the right to detour, reroute or divert any or all traffic and to prevent ingress or egress from any area, that, in the State Director’s discretion, is deemed necessary for the protection of the health, safety and welfare of the public, and to remove parked or abandoned vehicles from such roadways as conditions warrant.
I authorize and empower the Attorney General, pursuant to the provisions of N.J.S.A. 39:4 213, acting through the Superintendent of the Division of State Police, to determine the control and direction of the flow of vehicular traffic on any State or Interstate highway and its access roads, municipal or county road, including the right to detour, reroute or divert any or all traffic, and to prevent ingress or egress from any area to which the declaration of emergency applies. I further authorize all law enforcement officers to enforce any such orders of the Attorney General and the Superintendent of State Police, within their respective municipalities.
I authorize and empower the State Director of Emergency Management to order the evacuation of all persons, except for those emergency and governmental personnel whose presence the State Director deems necessary, from any area where their continued presence would present a danger to their health, safety or welfare because of the conditions created by this emergency.
I authorize and empower the State Director of Emergency Management to utilize all facilities owned, rented, operated and maintained by the State of New Jersey to house and shelter persons who may need to be evacuated from a residence, dwelling, building, structure or vehicle during the course of this emergency.
I authorize and empower the executive head of any agency or instrumentality of the State government with authority to promulgate rules to waive, suspend or modify any existing rule, the enforcement of which would be detrimental to the public welfare during this emergency, notwithstanding the provisions of the Administrative Procedure Act or any law to the contrary, for the duration of this Executive Order, and subject to my prior approval and in consultation with the State Director of Emergency Management. Any such waiver, modification or suspension shall be promulgated in accordance with N.J.S.A. App. A:9-45.
I authorize and empower the Adjutant General, in accordance with N.J.S.A. 38A:2 4 and N.J.S.A. 38A:3 6.1, to order to active duty such members of the New Jersey National Guard that, in the Adjutant General's judgment, are necessary to provide aid to those localities where there is a threat or danger to the public health, safety and welfare and to authorize the employment of any supporting vehicles, equipment, communications or supplies as may be necessary to support the members so ordered.
In accordance with N.J.S.A. App. A:9 34 and N.J.S.A. App. A:9-51, as supplemented and amended, reserve the right to utilize and employ all available resources of the State government and of each and every political subdivision of the State, whether persons, properties or instrumentalities, and to commandeer and utilize any personal services and any privately owned property necessary to protect against this emergency.
In accordance with N.J.S.A. App. A:9 40, no municipality, county or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance or resolution that will or might in any way conflict with any of the provisions of this Order, or which will in any way interfere with or impede the achievement of the purposes of this Order or the orders of the State Director of Emergency Management.
It shall be the duty of the members of the governing body, and each and every officer, agent and employee of every political subdivision of this State and of each member of all other governmental bodies, agencies and authorities of any nature whatever, to fully cooperate with the State Director of Emergency Management in all matters during this emergency.
I authorize and empower the State Director of Emergency Management, pursuant to N.J.S.A. App. A:9-37 and N.J.S.A. App. A:9-48 and in accordance with N.J.S.A. App. A:9-36, to require any public official, citizen or resident of this State, or any firm, partnership, or corporation, incorporated or doing business in this State, to furnish any information deemed reasonably necessary by the Director to carry out the purposes of this Order.
The cooperation of every person or entity in this State or doing business in this State in all matters concerning this state of emergency is requested.
In accordance with N.J.S.A. App. A:9-34, N.J.S.A. App. A:9-40.6 and 40A:14-156.4, I direct that no municipality or public or semipublic agency send public works, fire, police, emergency medical or other personnel or equipment into any non-contiguous disaster-stricken municipality within this State, or to any disaster-stricken municipality outside this State, unless and until such aid has been directed by the county emergency management coordinator or his or her deputies, in consultation with the State Director of Emergency Management.
This Order shall take effect immediately and shall remain in effect until such time as it is determined by me that an emergency no longer exists.
GIVEN, under my hand and seal this 15th day
of November, Two Thousand and Nine, and
Independence of the United States,
Two Hundred and Thirty-Fourth
/s/ Jon S. Corzine
/s/ William J. Castner, Jr.
Chief Counsel to the Governor