Whereas, Governor James E. McGreevey declared a state
of water emergency throughout New Jersey in Executive
Order No. 11, dated March 4, 2002; and
Whereas, Governor McGreevey issued Executive
Order No. 32, dated September 22, 2002, in recognition
of 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 townships; and
Whereas, also on September 22, 2002, I issued Administrative
Order No. 2002-22 as a means of addressing the serious
water supply problem in those three townships, as set
forth in Governor McGreevey's Executive Order No. 32;
and
Whereas, in recognition of uncertainty among the affected
townships, builders, developers and individual homeowners
which resulted from the issuance of Administrative
Order No. 2002-22, I granted categorical hardship
exemptions from the operation of Administrative
Order No. 2002-22, by letter dated September 25, 2002;
and
Whereas, since that date, cooperative water conservation
and management efforts by citizens, water purveyors, businesses,
municipalities and counties, combined with more abundant
rainfall, have resulted in significant improvements in
ground and surface water levels in the Northeast, Northwest,
and Central Drought Regions of the State, and the lifting
of mandatory restrictions on water use in those Drought
Regions by Administrative
Order 2002-25, dated November 14, 2002, but, despite
similar efforts in the remaining Drought Regions, including
the Coastal South Drought Region, within which the Townships
of Egg Harbor, Galloway and Hamilton are located, continued
evidence of ground water level depletion therefore requires
continued action, including the continuance of mandatory
water use restrictions; and
Whereas, alleviation of the serious water supply problem
within the Townships of Egg Harbor, Galloway and Hamilton,
as recognized by Governor McGreevey in Executive
Order No. 32, will continue to require the cooperation
of the three townships, the organizations representing
builders and developers therein, and the State as a whole;
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; therefore,
In consideration of the above, I, Bradley M. Campbell,
Commissioner of the New Jersey Department of Environmental
Protection (Department), pursuant to the authority vested
in me by the Water Supply Management Act, its implementing
rules at N.J.A.C. 7:19, and Executive Orders 11 and 32,
hereby order a revision of the water use restrictions
set forth in Administrative Order 2002-22 and the categorical
exemptions dated September 25, 2002, as set forth below.
I have determined this Order to be necessary to ensure
an adequate water supply to the State, to alleviate the
serious water supply problem within the three townships
and in the public interest.
- General Prohibition & Exceptions
Purveyors of water shall not distribute or provide
water to any development in the Atlantic County Townships
of Egg Harbor, Galloway or Hamilton. For purposes of
this Order, the Term "development" shall be
defined as set forth in the definitional section of
the Municipal Land Use Law, N.J.S.A. 40:55D-4.
The following exceptions apply:
- Developments That Hold Water Main Extension
Permits:
Purveyors of water may distribute or provide water
for use in the construction or subsequent utilization
of any development within the Townships of Egg Harbor,
Galloway and Hamilton for which the Department has
issued a water main extension permit (under the Safe
Drinking Water Act, N.J.S.A. 58:12A-1 et seq. and
its implementing rules at N.J.A.C. 7:10-1 et seq.)
prior to the issuance of this Order.
- Developments Within New Jersey American
Water Company's Water Service Area That Have Filed
Local Land Use Applications But Do Not Hold Water
Main Extension Permits:
New Jersey American Water Company may distribute
or provide water to any development within its water
service area within the Townships of Egg Harbor, Galloway
or Hamilton that (i) has filed an application, prior
to the issuance of this Order, for site plan or subdivision
approval pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., and that (ii) requires a water main
extension permit (under the Safe Drinking Water Act,
N.J.S.A. 58:12A-1 et seq., and its implementing rules
at N.J.A.C. 7:10-1 et seq.), but has not received
one prior to the issuance of this Order; or does not
require a water main extension permit. Such developments
are excepted from the general prohibition of this
Order, but the issuance of water main extension permits
by the DEP to those developments, and the authority
of New Jersey American Water to authorize water supply
connections for those developments that do not require
a water main extension permit from the Department,
is subject to the availability of water under New
Jersey American's water allocation permits (issued
under the Water Supply Management Act, N.J.S.A. 58:1A-1
et seq. and its implementing rules at N.J.A.C. 7:19-1
et seq.). New Jersey American Water Company has been
placed on notice that it has exceeded its current
water diversion limits, and, therefore, will not receive
water main extension permits pending satisfaction
of certain conditions. Any development included within
the scope of this paragraph is not entitled to any
increased expectation that a water main extension
permit will be issued for such development by the
Department.
- Developments Within Hamilton Township M.U.A.'s
Service Area That Have Filed Local Land Use Applications:
The Hamilton Township Municipal Utilities Authority
may distribute or provide water to any development
within its service area that has filed an application
for site plan or subdivision approval pursuant to
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
prior to the issuance of this Order, up to the limit
of the purveyor's water allocation permit.
- Prohibition on Issuance of Well Construction
Permits & Exceptions:
No permit for the construction of a well for any development
within the Townships of Egg Harbor, Galloway or Hamilton
shall be issued unless that development has filed an
application, prior to the issuance of this Order, for
site plan or subdivision approval pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. The prohibition
of this paragraph 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 prior
to the issuance of this Order, provided that the lot
is not part of a subdivision of more than two lots.
- Applications for Hardship Exemptions:
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 exemptions from
the provisions of this Order, based upon the "Hardship
Exemption Procedures" set forth in N.J.A.C. 7:19-16.
- Emergency Water Uses & Facilities Essential
for Public Heath, Safety and Welfare:
Nothing in this Order is meant to prevent the provision
of water in connection with (a) fire fighting or other
responses to public emergencies, or (b) facilities essential
for public health, safety or welfare.
- Reservation of Existing Authority:
Nothing in this Order shall limit, restrict or alter
any authority or discretion granted to the DEP or the
Commissioner by statute, regulation or order.
- Effective Date:
This Administrative Order shall take effect immediately
and shall supersede Administrative
Order No. 2002-22 and the categorical exemptions
granted by me dated September 25, 2002. This Administrative
Order supplements but does not supersede Administrative
Order No. 2002-25, dated November 14, 2002.
- Expiration:
This Administrative Order shall expire as provided
in any subsequent order or on the occurrence of the
earlier of the following:
- Termination in the Coastal South Drought
Region of the state of water emergency declared by Executive
Order No. 11, dated March 4, 2002, or
- June 30, 2003.
Nothing in this Order shall restrict the Department's
authority and exercise of discretion under the Water Supply
Management Act, N.J.S.A. 58:1A-1 et seq., and its implementing
rules at N.J.A.C. 7:19-1 et seq., to impose any additional
restrictions in the future.
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