State
of New Jersey
Executive
Order #215
WHEREAS, The protection of the environment, which is the subject of a
public trust administered by government for the benefit of all citizens,
is a primary responsibility of State government; and
WHEREAS, Government must not only regulate but also must provide an example
in the effort to protect the human environment and the natural resources
of the State; and
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WHEREAS, The design and location of projects initiated or funded by
departments, agencies or authorities of State government may have significant
primary and consequential effects on the environment; and
WHEREAS, The protection of the environment, the management of development,
and the prudent use of the State's limited land and other resources will
be fostered by the proper location and design of projects initiated or
funded by departments, agencies or authorities of State government; and
WHEREAS, The potentially adverse environmental impact of projects initiated
or funded by departments, agencies or authorities of State government
can be substantially reduced or eliminated if that impact is assessed
before the approval of such project and agreement reached on the ways
and means to ensure environmental compatibility;
NOW, THEREFORE, I, Thomas H. Kean, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and statutes
of this State, do hereby ORDER and DIRECT:
- All departments, agencies and authorities of the State shall prepare
and submit to the Department of Environmental Protection an environmental
assessment or environmental impact statement, as specified below, in
support of major construction projects. Projects directly initiated
by departments, agencies, or authorities of the State, as well as projects
in which the State departments, agencies or authorities are granting
at least 20 percent financial assistance, shall comply with this Order.
For the purpose of determining an appropriate level of review, projects
shall be categorized as follows:
- Level l--projects with anticipated construction costs in excess
of $1 million shall be subject to the preparation of an environmental
assessment. The assessment shall follow guidelines prepared by the
Department of Environmental Protection, attached herewith to this
Order. Alternatively, environmental assessments prepared to support
a "Finding of No Significant Impact" under the National
Environmental Policy Act may be substituted for an assessment otherwise
required pursuant to the attached Department of Environmental Protection
guidelines; or
- Level 2--projects with both construction costs in excess of $5
million and land disturbance in excess of five acres shall be subject
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to the preparation of an environmental impact statement. The statement
shall follow guidelines prepared by the Department of Environmental
Protection, attached herewith to this Order.
-
The assessment or impact statement shall be submitted by the proposing
or granting department, agency or authority and reviewed by the Department
of Environmental Protection as early in the project planning and design
process as possible, but in all cases such submission and the review
process which follows must be completed prior to commencing site preparation
and/or construction activity on the project. In the case of any project
to be funded by a department, agency, or authority of the State, review
of the assessment or impact statement must be completed by the Department
of Environmental Protection prior to awarding any financial assistance
for the commencement of site preparation and/or construction activity.
-
Upon receipt of an environmental assessment or impact statement
the Department of Environmental Protection shall undertake a review
to determine whether the documents submitted are administratively
complete. Within 20 days of receipt, the Department of Environmental
Protection shall either certify that the environmental assessment
or impact statement is administratively complete and conforms to the
guidelines attached herewith to this Order, or specify in writing
to the proposing or granting department, agency, or authority that
the environmental assessment or impact statement is administratively
deficient. If deemed deficient, the proposing or granting department,
agency or authority shall correct such deficiency or deficiencies
as specified by the Department of Environmental Protection and may
resubmit the environmental assessment or impact statement at any time
thereafter for review by the Department. Within sixty (60) days of
the Department of Environmental Protection's receipt of an environmental
assessment or impact statement determined to be administratively complete,
the Department shall conclude its review of such assessment or impact
statement. If the Department of Environmental Protection has not concluded
its review of the assessment or impact statement within this 60-day
period, the project shall be deemed approved.
-
Upon concluding its review, the Department of Environmental Protection
shall provide a written response to the proposing or granting department,
agency or authority. The response shall include the following:
- identification of any probable adverse environmental impacts
that could be expected from project implementation;
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- an identification of any Department of Environmental Protection
permits or regulatory requirements which will be applicable to the
proposed project; and
- recommendations including, but not limited to:
- approval based on the representations made in the assessment
or impact statement;
- conditional approval, including receipt of permits and/or
measures to reduce and/or mitigate the anticipated impacts to
an acceptable level;
- an additional impact assessment on one or more specific en-
vironmental consequences;
- project modification to avoid adverse environmental impacts;
and
- major restructuring of the project.
- Within thirty (30) days of receiving the Department of Environmental
Protection's recommendation(s), the proposing or granting department,
agency or authority shall provide the Department of Environmental Protection
with a written response either indicating acceptance of the Department
of Environmental Protection's recommendation(s) or setting forth those
issues remaining in dispute.
-
Any dispute regarding implementation of the Department of Environmental
Protection's recommendation(s) shall be resolved in good faith through
meetings between the Commissioner of Environmental Protection and
the commissioner, chairman or agency head of the proposing or granting
department, agency or authority.
-
Notwithstanding the anticipated construction costs or land disturbance
involved, the provisions of this Order shall not apply to the following
types of projects:
- maintenance or repair projects;
- facilities or equipment replaced in kind at the same location;
- renovations or rehabilitation of existing buildings;
- expansions or additions of existing buildings, provided that
the expansion or addition does not increase the building's capacity
by more than 25 percent;
- projects subject to review pursuant to the provisions of the
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Coastal Area Facility Review Act or the Municipal Wastewater Treatment
Financing Program;
- projects which will require a full environmental impact statement
pursuant to the National Environmental Policy Act;
- projects classified as categorical exclusions pursuant to regulations
promulgated in accordance with the National Environmental Policy
Act; or
- projects involving loans or tax exempt financing to private sector
applicants by departments, agencies or authorities of the State
of New Jersey.
-
This Order shall not apply to authorities or commissions created
pursuant to interstate agreements.
-
This Order shall not apply to projects previously exempt from Governor
Cahill's Executive Order No. 53 (1973) where final plans and specifications
have been completed on such projects prior to this Order taking effect.
-
Governor Cahill's Executive Order No. 53 (1973) is hereby rescinded.
-
This Order shall take effect immediately.
Issued September 11, 1989. |