WHEREAS, New Jersey
has suffered from unusually dry weather conditions since 1998 and precipitation
throughout the State during the past twelve-month period has been among
the lowest on record; and
WHEREAS, New Jersey
has had to declare water supply emergencies as recently as 1999 and 1995
and the unusually dry weather conditions over these time periods highlight
the importance of preserving and protecting the State's water resources
to sustain our natural resources and economy; and
WHEREAS, New Jersey
is divided into six drought regions, based on watershed location and other
conditions relevant to water supply, as follows: Central Drought Region
(Middlesex, Somerset and Union Counties, and parts of Hunterdon, Mercer
and Morris Counties); Coastal North Drought Region (parts of Monmouth
and Ocean Counties); Coastal South Drought Region (Atlantic, Cape May
and Cumberland Counties, and parts of Burlington, Camden, Gloucester,
Ocean and Salem Counties); Northeast Drought Region (Bergen, Passaic,
Hudson and parts of Essex and Morris Counties); Northwest Drought Region
(Sussex and Warren Counties, and part of Hunterdon County) and Southwest
Drought Region (parts of Burlington, Camden, Gloucester, Mercer, Monmouth
and Salem Counties); and
WHEREAS, on January
24, 2002, the New Jersey Department of Environmental Protection issued
a drought warning for the Northeast, Northwest, Southwest, Coastal South
and Coastal North Drought Regions, due to the precipitation deficit, record
low ground water levels and stream flows, and depleted reservoir levels;
and
WHEREAS, voluntary
efforts to curtail nonessential consumption of water resources and the
transfer of water among the Northeast Drought Region reservoir systems
have not succeeded in maintaining adequate storage levels of existing
water supplies in that region; and
WHEREAS, the consumption
of water in all of the drought regions of New Jersey must be managed and
reduced in order to preserve an adequate and dependable supply of water
for the State; and
WHEREAS, the Commissioner
of the Department of Environmental Protection has found that there exists
or impends a water supply shortage, resulting from the prolonged drought,
of a dimension which endangers the public health, safety and welfare of
the residents and industry of the State of New Jersey; and
WHEREAS, the full
cooperation of every person in the affected regions, including every business,
State agency and political subdivision, is urgently needed in order to
avert more severe restrictions on water use; and
WHEREAS, it is essential
that steps be taken immediately to ensure the maximum conservation of
all water resources in the State and to provide for the equitable distribution
of the existing water supply; and
WHEREAS, the Commissioner
of the Department of Environmental Protection and the Drought Coordinator,
with the assistance of the Water Emergency Task Force, have the authority
pursuant to N.J.S.A. 58:1A-1 et seq. and N.J.A.C. 7:19-1 et seq., to adopt
such rules, regulations, orders and directives as deemed necessary to
help alleviate a water emergency;
NOW, THEREFORE,
I, JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
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A state of water
emergency exists in each of the six drought regions by reason of the
facts and circumstances set forth above.
-
I invoke such
emergency powers as are conferred upon me by the Water Supply Management
Act, N.J.S.A. 58:1A-1 et seq., and the Disaster Control Act, N.J.S.A.
App. A:9-33 et seq., and all amendments and supplements thereto.
-
The Commissioner
of the Department of Environmental Protection, the Water Emergency
Task Force and the Drought Coordinator are directed pursuant to N.J.S.A.
58:1A-1 et seq. and N.J.A.C. 7:19-1 et seq., and other relevant authority,
to take whatever steps are necessary and proper to alleviate the water
emergency and to effectuate this Order, including the following:
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Identify
and impose such water use restrictions and conservation measures
to the extent deemed necessary for each specific drought region,
taking into consideration region- specific hydrogeologic conditions,
infrastructure characteristics, and other relevant factors.
-
Identify
and implement Statewide strategies for the use of alternate water
supplies, including the restoration of surface and groundwater
resources currently not available for potable use.
-
Identify
and implement measures to establish Statewide priorities for the
distribution of any water supply so as to mitigate and prevent
drought through protection of surface and groundwater resources,
and other natural resources.
-
Work with
State departments and agencies to identify and implement water
conservation measures in order to reduce the consumption of water
at those departments and agencies.
-
Develop
appropriate processes to incorporate stakeholder input in order
to identify the above Statewide measures and strategies.
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It shall be
the duty of every person in the State, including every business, State
agency and political subdivision, to fully cooperate in all matters
concerning this water emergency, and to comply with the mandatory
restrictions on adjustable uses of water as defined in the Administrative
Orders to be issued by the Commissioner of the Department of Environmental
Protection.
-
Any person who
shall violate any of the provisions of this Order or shall impede
or interfere with any action ordered or taken pursuant to this Order
shall be subject to the penalties provided by law under N.J.S.A. 58:1A-1
et seq., N.J.S.A. App. A:9- 49 et seq., and N.J.A.C. 7:19-1 et seq.
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Furthermore,
pursuant to the Laws of 1942, Chapter 251, as supplemented and amended
(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 which in any way
conflicts 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 any Administrative Order issued under authority
of this Order by the Commissioner of the Department of Environmental
Protection.
-
This Order shall
take effect immediately and shall remain in effect until terminated
by action of the Governor.
GIVEN, under
my hand and seal this 4th
day of March in the Year of Our Lord,
Two Thousand and Two, and of the
Independence of the United States,
the Two Hundred and Twenty-Sixth.
/s/ JAMES E. McGREEVEY
Governor
[seal]
Attest:
/s/ PAUL A. LEVINSOHN
Chief Counsel to
the Governor