State of New Jersey
Executive Order #41

Governor Christine Todd Whitman

This executive order terminated by EO #43 Whitman.

WHEREAS, Northeastern New Jersey has suffered from unusually dry weather conditions in late 1994 and 1995; and

WHEREAS, during the past twelve-month period, precipitation throughout Northeastern New Jersey has been among the lowest on record; and

WHEREAS, on August 29, 1995, the New Jersey Department of Environmental Protection issued a drought warning for municipalities in all or portions of the Counties of Bergen, Essex, Hudson, Morris, Passaic, Somerset, and Union, serviced by United Water New Jersey, North Jersey District Water Supply Commission, the City of Jersey City, the City of Newark, the Passaic Valley Water Commission, and New Jersey - American Water Company/Northern Division, due to the precipitation deficit and depleted reservoir levels; in particular, the reservoir systems of United Water New Jersey and the North Jersey District Water Supply Commission have been seriously depleted; and

WHEREAS, voluntary efforts to curtail nonessential consumption of water resources and the transfer of water among these Northeastern reservoir systems have not succeeded in maintaining adequate levels of existing water supplies; and

WHEREAS, the consumption of water in Northeastern New Jersey must be reduced in order to preserve an adequate and dependable supply of water for this region; and

WHEREAS, the impending water shortage resulting from the natural cause of a prolonged drought endangers the health, safety and resources of the residents and industry of Northeastern New Jersey; and

WHEREAS, the full cooperation of every person in the affected region, including every business, State agency and political subdivision, is urgently needed in order to avert more severe restrictions on water usage, including measures requiring curtailment of production and operation in industrial and commercial establishments, and the adverse economic impacts such restrictions may impose on the State and local level; and

WHEREAS, it is essential that steps be taken immediately to ensure the maximum conservation of all water resources in the affected areas and to provide for the equitable distribution of the existing water supply; and

WHEREAS, the Commissioner 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, CHRISTINE TODD WHITMAN, 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 and in accordance with the findings of Robert C. Shinn, Jr., Commissioner of Environmental Protection, made pursuant to the Water Emergency Rules, set forth at N.J.A.C. 7:19-1 et seq., do hereby declare a state of water emergency in those municipalities in the Counties of Bergen, Essex, Hudson, Morris, Passaic, Somerset, and Union, as specified in Attachment "A" annexed hereto and do hereby DECLARE, ORDER AND DIRECT:

1. I declare that a state of water emergency exists in the area described by reason of the facts and circumstances set forth above.

2. 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:9-30 et seq.

3. The Commissioner 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 laws, to take whatever steps are necessary and proper to alleviate the water emergency and to effectuate this Order.

4. It shall be the duty of every person, which includes every business, State agency and political subdivision, in the water emergency area, to fully cooperate in all matters concerning this water emergency.

5. All persons in non-emergency areas are urged to use water wisely, and to comply with voluntary or mandatory restrictions either advised or imposed by the Department of Environmental Protection, applicable municipalities or water purveyors servicing their areas.

6. 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.

7. This Order shall remain in effect until the Governor declares by a subsequent Order that a state of water emergency no longer exists for the water emergency area designated by this Order.

8. This Order shall take effect immediately.

GIVEN, under my hand and seal,
this 13th day of September in the
Year of Our Lord, One Thousand
Nine Hundred and Ninety-five, and
of the Independence of the United
States, the Two Hundred and Nineteenth

/s/ Christine Todd Whitman


/s/ Margaret M. Foti
Chief Counsel to the Governor