Whereas, there exists in New Jersey a state of water
emergency as declared by Governor James E. McGreevey in Executive
Order No. 11 dated March 4, 2002; and
Whereas, there exists a serious water supply problem
in the Atlantic County Townships of Egg Harbor, Galloway
and Hamilton, due to the drought and the rapid pace of
development in those three towns as set forth in Governor
McGreevey's Executive
Order No. 32 of even date herewith; and
Whereas, immediate steps are necessary to alleviate the
water supply problem in the Townships of Egg Harbor, Galloway
and Hamilton, as recognized by the Governor in Executive
Order No. 32, for such period until the Governor declares
an end to the state of water emergency in that area; and
Whereas, during a state of water emergency, the Water
Supply Management Act, N.J.S.A. 58:1A-1 et seq., authorizes
me, among other things, to order certain restrictions
upon water purveyors and to order any person engaged in
the distribution of any water supply to reduce or increase
by a specified amount or to cease the distribution of
that water supply;
Now therefore, I, Bradley M. Campbell, Commissioner of
the Department of Environmental Protection, do hereby
Order and Direct:
- No purveyor of water shall distribute or
provide water for use in the construction or subsequent
utilization of any new building, dwelling, structure,
facility or other development within the Townships of
Egg Harbor, Galloway or Hamilton except for such particular
new building, dwelling, structure, facility or other
development for which a construction permit has been
issued prior to the date of this Order.
- Except as specified in Paragraph 3, below,
no permit for the construction of a well shall be issued
if that well is to provide water for use in the construction
or subsequent utilization of any new building, dwelling,
structure, facility or other development within the
Townships of Egg Harbor, Galloway or Hamilton except
for such particular new building, dwelling, structure,
facility or other development for which a construction
permit has been issued prior to the date of this Order.
- Paragraph 2 shall not apply to any permit
for a well for use solely in the construction or subsequent
utilization by an individual of a building consisting
of one or two dwelling units on a lot existing as of
the date of this Order, provided that the lot is not
part of a subdivision of more than two lots.
- For the duration of this Order, the Water
Emergency Task Force established pursuant to N.J.A.C.
7:19-12, shall consider and make recommendations to
the Commissioner regarding any applications for hardship
exemption from Sections 1 and 2, above, based upon the
"Hardship Exemption Procedures" set forth
in N.J.A.C. 7:19-16. In addition to the criteria imposed
in N.J.A.C. 7:19-16, priority will be given to exemption
applications that have the support of the affected municipality.
- Nothing in this Order is meant to prevent
the provision of water in connection with
- firefighting or other responses to public
emergencies or
- facilities essential for public health,
safety or welfare.
- This Administrative Order shall take effect
immediately and shall supplement but not supercede Administrative
Order No. 21.
- This Administrative Order shall expire as
provided in any subsequent order, or on the occurrence
of the earlier of the following:
- a termination of a state of water emergency
in the Townships of Egg Harbor, Galloway and Hamilton;
and
- a determination by me, following the presentation
of the water supply adequacy assessment required by
Paragraph 1 of Governor McGreevey's Executive
Order No. 32 of even date herewith, that this
Administrative Order is no longer necessary
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