order terminated by EO #43 Whitman.
New Jersey has suffered from unusually dry weather conditions in
late 1994 and 1995; and
the past twelve-month period, precipitation throughout Northeastern
New Jersey has been among the lowest on record; and
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
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
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
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
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;
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;
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;
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.
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.
Order shall take effect immediately.
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
Christine Todd Whitman
Chief Counsel to the Governor