I, Robert C. Shinn, Jr., Commissioner, Department of Environmental Protection, pursuant to the authority vested in me by Executive Order. 98, issued by Governor Christine Todd Whitman on this date, August 5, 1999, and by the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., and its supporting regulations, found at N.J.A.C. 7:19-1 et seq., hereby determine that an area of Phase I water emergency exists in all portions of the State and all municipalities. I hereby adopt the following policies and procedures, based upon those set forth for a Phase I water emergency in the Water Emergency Regulations found at N.J.A.C. 7:19-13.1, to regulate adjustable uses of water in order to curtail demand and to otherwise help alleviate the water emergency.


All users of water within the municipalities in the water emergency area designated in the first paragraph of this Order are subject to Phase I - Mandatory Restrictions and are subject to the following limitations:

  1. The adjustable uses of water are regulated as follows:

    1. The watering of grassed areas is prohibited, except as noted below:

      1. Newly seeded or sodded grassed areas may be watered for 20 days from the date of planting from 8 P.M. to 9 P.M. OR from 12 midnight to 6 A.M. with watering not to exceed 45 minutes per area watered on any one day. Watering of newly sodded areas with sprinklers within one hour after laying is permitted.

      2. Grassed areas may be watered after application of fertilizer, pesticide or herbicide for a period not to exceed 5 days from date of application from 8 P.M. to 9 P.M. OR from 12 midnight to 6 A.M. with watering not to exceed 45 minutes per area watered on any one day.

      3. Those construction-related projects that must comply with the "Soil Erosion and Sediment Control Act" conditions, upon the determination of the responsible soil conservation district official:

        1. Grassed waterways designed to carry peak concentrated flows from a 10-year storm frequency that require vegetative protection to control erosion or where the design velocity exceeds that for bare channel or

        2. Slopes and banks (cuts and fills) resulting from construction activities where the slope and length exceed 15% and 50 feet or 8% and 100 feet or

        3. Other disturbed areas requiring vegetation where the failure of which would threaten the integrity of the structure such as dams, dikes, detention basins, etc.

      4. Companies engaging in the installation or repair of lawn irrigation systems may test a customer's newly installed or newly repaired sprinkler system for a maximum of ten (10) minutes per sprinkler zone.

        During the period of the test a sign shall be displayed on the front lawn which shall be at least four (4) feet by four (4) feet in size with lettering large enough to be clearly visible from the nearest road. The sign shall read:

        Company Name
        Telephone Number

    2. Except as set forth in Section I (A) of this Order the watering of plants, trees, shrubs and vegetable gardens is prohibited by any means other than by bucket, can or hand-held hose equipped with a nozzle which will be shut off automatically when dropped.

    3. The watering of agricultural food crops is exempted at this time. In addition to the watering provided for in Section B. above, watering of sod at commercial sod farms and nursery stock at nurseries or retail outlets may be watered with sprinklers or other means as follows:

      1. Field grown production. Daily watering is permitted during the hours of 6 A.M. to 11 A.M. and 4 P.M. to 9 P.M.

      2. Container grown production. Daily watering is permitted during the hours of 6 A.M. to 11 A.M. and 4 P.M. to 9 P.M. Syringing of water stressed plants is permitted as required between the hours of 12 noon and 3 P.M., with no more than 10 minutes of watering allowed in the same area.

      3. Retail Sales. Daily watering is permitted between the hours of 6 A.M. to 10 A.M. and 4 P.M. to 7 P.M.

    4. The washing of any vehicles except ambulances and fire engines is prohibited, except by businesses engaged exclusively in car washing or in those instances where a threat to public health may exist as certified by the municipal department of health. The following requirements shall be met at all commercial car washing facilities:

      1. Pre-rinses of vehicles shall be permitted only with recycled water.

      2. Rinse cycles shall be forty (40) seconds or less per vehicle. This may be accomplished by increasing conveyor speeds.

      3. Additional measures shall be implemented such as reducing the size of water nozzles where possible and plugging all unnecessary out-flows, further reducing consumption.

      4. All fixtures and equipment shall be inspected for leaks on a daily basis. Necessary repairs shall be made immediately.

      5. Water conservation consciousness shall be encouraged by the Car Wash Operators of New Jersey by the placement of posters and literature where customers and employees will have access to them.

    5. The use of water in the sweeping or washing of streets, driveways, sidewalks or paved areas is prohibited, except as follows:

      1. Municipal street sweeping is allowed provided that a non- potable water source is used, the minimum amount of water is applied, and that an appropriate sign clearly indicating "Non- Potable Water Utilized" be affixed on the street sweeping vehicle.

      2. In those instances where a threat to public health may exist as certified by the municipal department of health. The minimum amount of water should be used to accomplish the given task.

    6. The serving of water in restaurants, clubs or eating places is prohibited, unless specifically requested by the patron.

    7. The use of water for flushing sewers by municipalities or any public or private entity is prohibited, except where a threat to public health or safety may exist as certified by the municipal department of health.

    8. The use of fire hydrants by fire companies for testing or for fire department drills is prohibited, except as deemed necessary in the interest of public safety and specifically approved by the municipal governing body and the purveyor.

    9. The use of fire hydrants by municipal road departments, contractors and all others is prohibited, except as necessary for fire fighting or fire protection purposes, or in those cases where businesses have traditionally used water from hydrants with purveyor permission and provided that all water used is metered and that such usage is necessary for the maintenance of the business.

    10. The use of water for outdoor recreational purposes is prohibited subject to the following exceptions:

      1. Golf course greens and tees may be watered with sprinklers or other mechanical means from 9 P.M. to 12 midnight and 3 A.M. to 6 A.M. Syringing is permitted for no more than 10 minutes for each green between 12 noon and 3 P.M.

      2. Clay tennis courts may be watered by means of sprinklers for no more than 10 minutes once each day between the hours of 3 P.M. and 5 A.M.

      3. Partially filled pools shall not be drained for maintenance.

    11. The outdoor use of any water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools is prohibited.

All Phase I voluntary and mandatory restrictions set forth in this Order shall take effect immediately and shall remain in effect until they are superseded by another Order or until the Governor of the State of New Jersey declares by Executive Order that a state of water emergency no longer exists in the water emergency area designated herein.

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., which provide penalties ranging from a warning to a fine and/or imprisonment. Enforcement of these provisions and any subsequent Administrative Orders issued by the Commissioner of the Department of Environmental Protection or Drought Coordinator pursuant thereto will be performed by municipal and county, as well as State, law enforcement agencies.

Date: ___________________ _________________________________
Robert C. Shinn, Jr.