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Administrative Order 2002-22

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Nothing in this Order is meant to prevent the provision of water in connection with
    1. firefighting or other responses to public emergencies or
    2. facilities essential for public health, safety or welfare.

  6. This Administrative Order shall take effect immediately and shall supplement but not supercede Administrative Order No. 21.
  7. This Administrative Order shall expire as provided in any subsequent order, or on the occurrence of the earlier of the following:
    1. a termination of a state of water emergency in the Townships of Egg Harbor, Galloway and Hamilton; and
    2. 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

Date: September 22, 2002 _________________
  Bradley M. Campbell
Commissioner

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Copyright © State of New Jersey, 1996-2003
Department of Environmental Protection
P. O. Box 402
Trenton, NJ 08625-0402

Last Updated: December 20, 2002