State
of New Jersey
Executive
Order #28
Governor James
E. McGreevey
WHEREAS, on May
30, 2002, a commercial vehicle traveling along I-295 South struck the
overpass for Creek Road over I-295 near milepost #26 in Bellmawr, Camden
County, New Jersey near the border of Gloucester County; and
WHEREAS, the accident
shattered the facia beam and the fifth interior beam causing serious damage
to and catastrophic failure of the overpass; and
WHEREAS, the overpass
was found to be structurally unsound requiring closure of the both I-295
and Creek Road until temporary repairs could be made and replacement of
a portion of the deck and structural members down to the abutments is
required; and
WHEREAS, traffic
was and will periodically continue to be diverted from Creek Road and
I-295 onto surrounding network roads, causing abnormally heavy traffic
in those areas; and
WHEREAS, damage
to the overpass has been of such an extent that immediate repairs have
been necessary. Such conditions constitute an emergency as is contemplated
by the terms of Sections 125 and 120(e) of Title 23, U.S.C.; and
WHEREAS, the aforesaid
circumstances constitute a hazard that has threatened and endangered and
continues to threaten and endanger the health, safety and resources of
the residents of one or more municipalities of this State; and which is
too large in scope to be handled by the normal municipal operating services;
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. and all amendments and supplements thereto,
confer upon the Governor of the State of New Jersey certain emergency
powers;
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 the statutes of
this State including the provisions of N.J.S.A. Appendix A:9-33 et seq.,
in order to protect the health, safety and welfare of the people of the
State of New Jersey, do hereby ORDER and DIRECT THAT:
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A State of Emergency
has existed since May 30, 2002 and presently exists in Camden and
Gloucester Counties as a result of the aforementioned accident and
consequent danger to life and damage to property including Federal-aid
highways. The immediate repair and reconstruction of the damaged highways
is vital to the security, well-being, and health of the citizens of
the State of New Jersey; and the Federal Highway Administrator is
hereby requested to concur in the declaration of this emergency; and
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The State Director
of Emergency Management, 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 such
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; and
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In accordance
with N.J.S.A. App. A:9-33 et seq. as supplemented and amended, the
Attorney General, pursuant to the provisions of N.J.S.A. 39:4-213
to determine the control and direction of the flow of vehicular traffic
on any State or Interstate highway, and its access roads, 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, and further authorize all law enforcement
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The Commissioner
of Transportation to undertake immediately all acts necessary to accomplish,
as expeditiously as possible, the restoration and repair of the damaged
portion of Creek Road and I-295 and to take all necessary steps to
obtain emergency repair funds available pursuant to 23 U.S.C. ? 125
and any other applicable law; and
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It shall be
the duty of every person or entity in this State or doing business
in this State, and the members of the governing body, and of each
and every official, agent or employee of every political subdivision
in this State and of each member of other governmental bodies, agencies
and authorities in this State of any nature whatsoever, fully to cooperate
with the Commissioner of Transportation, the Attorney General, and
the State Director of Emergency Management in all matters concerning
this emergency; and
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Pursuant to
the N.J.S.A. App. A:9-40, that 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 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.
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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.
Dated:
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GIVEN,
under my hand and seal this
28th day of August in the year of Our
Lord two thousand and two and the
Independence of the United States,
the two hundred and twenty-seventh.
/s/ James E. McGreevey,
Governor
[seal] |
Attest:
/s/ Paul Levinsohn,
Chief Counsel to the Governor
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