of New Jersey
James E. McGreevey
WHEREAS, localized heavy rainfall on July 12, 2004 has resulted in severe
weather conditions, flooding and power outages, that now threaten homes,
dams, bridges and other structures and the flow of traffic in areas of
Burlington and Camden Counties in the State; and
WHEREAS, the aforesaid weather conditions constitute an imminent hazard
which threatens and presently endangers the health, safety and resources
of the residents of one or more municipalities or counties of this State;
and which is in some parts of the State and may become in other parts
of the State too large in scope to be handled by the normal municipal
operating services; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly
the provisions N.J.S.A. App. A: 9 33 et seq. and N.J.S.A. 38A:3 6.1 and
N.J.S.A. 38A:2 4 and all amendments and supplements thereto, confer upon
the Governor of the State of New Jersey certain emergency powers;
NOW, THEREFORE, I, JAMES E. MCGREEVEY, Governor of the State of New
Jersey, in order to protect the health, safety and welfare of the people
of the State of New Jersey do declare and proclaim that a State of Emergency
presently exists in Burlington and Camden Counties do hereby order and
- In accordance with N.J.S.A. 38A:2-4 and N.J.S.A. 38A:3-6.1, that
the Adjutant General order to active duty such members of the New
Jersey National Guard that, in the Adjutant General's judgment, are
necessary to provide aid to those localities where there is a threat
or danger to the public health, safety and welfare and to authorize
the employment of any supporting vehicles, equipment, communications
or supplies as may be necessary to support the members so ordered.
- The State Director of Emergency Management to implement the State
Emergency Operations Plan and to direct the activation of county and
municipal emergency operations plans as necessary.
- In accordance with N.J.S.A. A:9 33 et seq. as supplemented and
amended, that the State Director of Emergency Management, who is the
Superintendent of State Police, through the police agencies under
his control, to determine the control and direction of the flow of
such vehicular traffic on any State Highway, municipal or county road,
including the right to detour, reroute or divert any or all traffic
and to prevent ingress or egress from any area, that, in the State
Director's discretion, is deemed necessary for the protection of the
health, safety and welfare of the public, and to remove parked or
abandoned vehicles from such roadways as conditions warrant.
- In accordance with N.J.S.A. App. A:9 33 et seq. as supplemented
and amended, that the Attorney General, pursuant to the provisions
of N.J.S.A. 39:4 213, acting through the Superintendent of the Division
of State Police, determine the control and direction of the flow of
vehicular traffic on any State or Interstate highway, and its access
roads, including the right to detour, reroute or divert any or all
traffic, and to prevent ingress or egress from any area to which the
declaration of emergency applies. I further authorize all law enforcement
officers to enforce any such orders of the Attorney General and Superintendent
of State Police within their respective municipalities.
- The State Director of Emergency Management to order the evacuation
of all persons, except for those emergency and governmental personnel
whose presence the State Director deems necessary, from any area where
their continued presence would present a danger to their health, safety
or welfare because of the conditions created by this emergency.
- The State Director of Emergency Management to utilize all facilities
owned, rented, operated and maintained by the State of New Jersey
to house and shelter persons who may need to be evacuated from their
residences during the course of this emergency.
- 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.
- That in accordance with N.J.S.A. App. A:9 34 and N.J.S.A. App.
A:9 51, as supplemented and amended, I reserve the right to utilize
and employ all available resources of the State government and of
each and every political subdivision of the State, whether of persons,
properties or instrumentalities, and to commandeer and utilize any
personal services and any privately owned property necessary to protect
against this emergency.
- In accordance with N.J.S.A. App. A:9 40, no municipality, county
or any other agency or political subdivision of this State shall enact
or enforce any order, rule, regulation, ordinance or resolution which
will or might in any way conflict with any of the provisions of this
Order, or which will in any way interfere with or impede the achievement
of the purposes of this Order.
- That it shall be the duty of every person or entity in this State
or doing business in this State and of the members of the governing
body and every official, employee or agent of every political subdivision
in this State and of each member of all other governmental bodies,
agencies authorities in this State of any nature whatsoever, to cooperate
fully with the State Director of Emergency Management in all matters
concerning this state of emergency.
- In accordance with N.J.S.A. App. A:9-34, N.J.S.A. App. A:9-40.6
and 40A:14-156.4, that no municipality or public or semipublic agency
send public works, fire, police, emergency medical or other personnel
or equipment into any non-contiguous disaster-stricken municipality
within this State nor to any disaster-stricken municipality outside
this State unless and until such aid has been directed by the county
emergency management coordinator or his deputies in consultation with
the State Director of Emergency Management.
- This Order shall take effect immediately and shall remain in effect
until such time as it is determined by me that an emergency no longer
GIVEN, under my hand and seal this 13th day
of July in the Year of Our Lord, Two Thousand
and Four, and of the Independence of the United
States, the Two Hundred and Twenty-Ninth.
/s/ James E. McGreevey
/s/ Michael R. DeCotiis
Chief Counsel to the Governor