Whereas, Governor James E. McGreevey declared a state of water emergency throughout New Jersey in Executive Order No. 11, dated March 4, 2002; and

Whereas, Governor McGreevey issued Executive Order No. 32, dated September 22, 2002, in recognition of 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 townships; and

Whereas, also on September 22, 2002, I issued Administrative Order No. 2002-22 as a means of addressing the serious water supply problem in those three townships, as set forth in Governor McGreevey's Executive Order No. 32; and

Whereas, in recognition of uncertainty among the affected townships, builders, developers and individual homeowners which resulted from the issuance of Administrative Order No. 2002-22, I granted categorical hardship exemptions from the operation of Administrative Order No. 2002-22, by letter dated September 25, 2002; and

Whereas, since that date, cooperative water conservation and management efforts by citizens, water purveyors, businesses, municipalities and counties, combined with more abundant rainfall, have resulted in significant improvements in ground and surface water levels in the Northeast, Northwest, and Central Drought Regions of the State, and the lifting of mandatory restrictions on water use in those Drought Regions by Administrative Order 2002-25, dated November 14, 2002, but, despite similar efforts in the remaining Drought Regions, including the Coastal South Drought Region, within which the Townships of Egg Harbor, Galloway and Hamilton are located, continued evidence of ground water level depletion therefore requires continued action, including the continuance of mandatory water use restrictions; and

Whereas, alleviation of the serious water supply problem within the Townships of Egg Harbor, Galloway and Hamilton, as recognized by Governor McGreevey in Executive Order No. 32, will continue to require the cooperation of the three townships, the organizations representing builders and developers therein, and the State as a whole; 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; therefore,

In consideration of the above, I, Bradley M. Campbell, Commissioner of the New Jersey Department of Environmental Protection (Department), pursuant to the authority vested in me by the Water Supply Management Act, its implementing rules at N.J.A.C. 7:19, and Executive Orders 11 and 32, hereby order a revision of the water use restrictions set forth in Administrative Order 2002-22 and the categorical exemptions dated September 25, 2002, as set forth below. I have determined this Order to be necessary to ensure an adequate water supply to the State, to alleviate the serious water supply problem within the three townships and in the public interest.

 

1. General Prohibition & Exceptions

Purveyors of water shall not distribute or provide water to any development in the Atlantic County Townships of Egg Harbor, Galloway or Hamilton. For purposes of this Order, the Term "development" shall be defined as set forth in the definitional section of the Municipal Land Use Law, N.J.S.A. 40:55D-4.

The following exceptions apply:

 

1. Developments That Hold Water Main Extension Permits:

Purveyors of water may distribute or provide water for use in the construction or subsequent utilization of any development within the Townships of Egg Harbor, Galloway and Hamilton for which the Department has issued a water main extension permit (under the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq. and its implementing rules at N.J.A.C. 7:10-1 et seq.) prior to the issuance of this Order.

 

2. Developments Within New Jersey American Water Company's Water Service Area That Have Filed Local Land Use Applications But Do Not Hold Water Main Extension Permits:

New Jersey American Water Company may distribute or provide water to any development within its water service area within the Townships of Egg Harbor, Galloway or Hamilton that (i) has filed an application, prior to the issuance of this Order, for site plan or subdivision approval pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and that (ii) requires a water main extension permit (under the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., and its implementing rules at N.J.A.C. 7:10-1 et seq.), but has not received one prior to the issuance of this Order; or does not require a water main extension permit. Such developments are excepted from the general prohibition of this Order, but the issuance of water main extension permits by the DEP to those developments, and the authority of New Jersey American Water to authorize water supply connections for those developments that do not require a water main extension permit from the Department, is subject to the availability of water under New Jersey American's water allocation permits (issued under the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq. and its implementing rules at N.J.A.C. 7:19-1 et seq.). New Jersey American Water Company has been placed on notice that it has exceeded its current water diversion limits, and, therefore, will not receive water main extension permits pending satisfaction of certain conditions. Any development included within the scope of this paragraph is not entitled to any increased expectation that a water main extension permit will be issued for such development by the Department.



3. Developments Within Hamilton Township M.U.A.'s Service Area That Have Filed Local Land Use Applications:

The Hamilton Township Municipal Utilities Authority may distribute or provide water to any development within its service area that has filed an application for site plan or subdivision approval pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to the issuance of this Order, up to the limit of the purveyor's water allocation permit.

 

2. Prohibition on Issuance of Well Construction Permits & Exceptions:

No permit for the construction of a well for any development within the Townships of Egg Harbor, Galloway or Hamilton shall be issued unless that development has filed an application, prior to the issuance of this Order, for site plan or subdivision approval pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The prohibition of this paragraph 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 prior to the issuance of this Order, provided that the lot is not part of a subdivision of more than two lots.

 

3. Applications for Hardship Exemptions:

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 exemptions from the provisions of this Order, based upon the "Hardship Exemption Procedures" set forth in N.J.A.C. 7:19-16.

 

4. Emergency Water Uses & Facilities Essential for Public Heath, Safety and Welfare:

Nothing in this Order is meant to prevent the provision of water in connection with (a) fire fighting or other responses to public emergencies, or (b) facilities essential for public health, safety or welfare.

 

5. Reservation of Existing Authority:

Nothing in this Order shall limit, restrict or alter any authority or discretion granted to the DEP or the Commissioner by statute, regulation or order.

 

6. Effective Date:

This Administrative Order shall take effect immediately and shall supersede Administrative Order No. 2002-22 and the categorical exemptions granted by me dated September 25, 2002. This Administrative Order supplements but does not supersede Administrative Order No. 2002-25, dated November 14, 2002.

 

7. Expiration:

This Administrative Order shall expire as provided in any subsequent order or on the occurrence of the earlier of the following:

 

1. Termination in the Coastal South Drought Region of the state of water emergency declared by Executive Order No. 11, dated March 4, 2002, or

 

2. June 30, 2003.

Nothing in this Order shall restrict the Department's authority and exercise of discretion under the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., and its implementing rules at N.J.A.C. 7:19-1 et seq., to impose any additional restrictions in the future.