WHEREAS, by Executive Order No. 121, dated July
13, 2004, Governor James E. McGreevey declared a State of Emergency
for Burlington and Camden counties as a result of localized
heavy rainfall and severe weather conditions which resulted
in flooding and power outages and which constitute an imminent
hazard that threatens and presently endangers the health, safety
and resources
of the residents and may become too large in scope to be handled
by the normal municipal operating services; and
WHEREAS, in said Executive Order, Governor James E. McGreevey
declared that “the executive head of any agency or instrumentality
of the State government with authority to promulgate rules may,
for the duration of this Executive Order, subject to my prior
approval and in consultation with the State Director of Emergency
Management, waive, suspend or modify any existing rule the enforcement
of which would be detrimental to the public welfare during this
emergency, notwithstanding the provisions of the Administrative
Procedure Act or any law to the contrary. Any such waiver, modification
or suspension shall be promulgated in accordance with N.J.S.A.
App. A:9-45”; and
WHEREAS, I have determined that continued enforcement of certain
environmental protection regulations will impede the expeditious
implementation of such measures necessary to address this emergency
and ensure continued protection of public health and the environment,
to the detriment of the public welfare;
THEREFORE, subject to the approval of the Governor, I hereby
suspend enforcement of regulations of the Department of Environmental
Protection pertaining to waste removal (N.J.A.C. 7:26, 26A,
26G, and 26H) to the extent said regulations might otherwise
apply to activities deemed necessary by the State Director of
Emergency management in response to this emergency. Pursuant
to the authority of N.J.S.A. 13:1B-4, N.J.S.A. 13:1E-1 et seq.,
and N.J.S.A. 52:14A-1 et seq., I hereby designate the following
employees to act on my behalf with respect to the suspension
of the aforementioned regulations in connection with said emergency
solid waste matters:
1. John Castner, Director, Division of Solid and Hazardous
Waste; and
2. Wolfgang Skacel, Director, County Environmental and Waste
Enforcement.
THIS ORDER shall take effect immediately and remain in effect
until such time as the state of emergency declared by Executive
Order No. 121 has concluded or this Order is rescinded. All
other Administrative orders or portions thereof, which are inconsistent
herewith are hereby superseded and repealed. This Order shall
be promulgated in accordance with N.J.S.A. App. A:9-45.
By: ___/Signed/____________________
Bradley M. Campbell
Commissioner |
Dated: July 15, 2004
Approved:
Office of the Governor
___/Signed/_______________________
Michael R. DeCotiis
Chief Counsel to the Governor
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ADMINISTRATIVE ORDER NO. 2004-10