State of New Jersey
Executive Order #32

Governor James E. McGreevey

WHEREAS, the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., vests the Governor with significant authority to address water supply emergencies in the State; and

WHEREAS, the State has a statutory obligation to manage its water resources efficiently and effectively as public assets of the State held in trust for its citizens to ensure their health, safety and welfare; and

WHEREAS, it is a fundamental obligation of government to ensure a safe and adequate supply of drinking water; and

WHEREAS, the State is now in the seventh month of a water emergency declared in Executive Order No. 11, dated March 4, 2002, which water emergency period is part of a larger sustained period in which 35 of the last 49 months have experienced below normal rainfall, with 8 of the last 12 months being significantly below normal, including several periods that have been the driest in recorded New Jersey meteorological history; and

WHEREAS, the current pace of development in the Pinelands Regional Growth Areas in Atlantic County threatens to create seriously adverse ecological and water supply consequences to the Kirkwood-Cohansey aquifer system; and such consequences could result prior to the completion of the long-term study of the ability of the aquifer to meet the water supply needs of the Pinelands area currently being performed pursuant to P.L. 2001, Chapter 165; and

WHEREAS, the water purveyor for the Townships of Egg Harbor and Galloway has exceeded its permitted water allocation and will be unable to supply water for additional growth in the Regional Growth Areas unless additional water can be allocated; and

WHEREAS, the Township of Hamilton is currently operating within its permitted water allocation limits, but with current rates of development, is likely to face serious water supply shortfalls unless additional capacity can be allocated; and

WHEREAS, a range of regulatory programs may be encouraging development expectations and private investments in the Townships of Egg Harbor, Galloway and Hamilton that may worsen the ecological and water supply impacts which may, in turn, exacerbate the current water emergency or may cause other water emergencies in the future;

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:

  1. The Department of Environmental Protection, in consultation with the Department of Community Affairs, the Pinelands Commission, Rutgers University, the State Climatologist, the United States Geological Survey, Atlantic County and any other entity which may provide expertise deemed necessary by the Commissioner of DEP shall, within one year of the effective date of this Order, assess the adequacy of the water supply in relation to approved and anticipated growth in Egg Harbor, Galloway and Hamilton Townships.

  2. The Department of Environmental Protection, consistent with the Water Emergency Orders previously issued, shall hold in abeyance, during the duration of the water emergency currently in effect, all decisions on any new or modified water allocation permits or water use registrations for water supply under N.J.A.C. 7:19 in Egg Harbor, Galloway and Hamilton Townships.

  3. During the state of water emergency, pursuant to N.J.S.A. 58:1A-4(d), I hereby suspend the applicability of any laws, rules or regulations pertaining to the Department of Environmental Protection, to the extent they would prevent the implementation of Department of Environmental Protection Administrative Order No. 2002-22, a copy of which is attached hereto.

  4. For the duration of the water emergency currently in effect, 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 Section 2 above and from Department of Environmental Protection Administrative Order No. 2002-22, based upon the Hardship Exemption Procedures set forth in N.J.A.C. 7:19-16.

  5. This Executive Order shall take effect immediately.

GIVEN, under my hand and seal this day of
in the Year of Our Lord, Two Thousand
and Two, and of the Independence of the
United States, the Two Hundred and Twenty-Seventh.

/s/ James E. McGreevey




/s/ Paul A. Levinsohn
Chief Counsel to the Governor