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
PHASE I - MANDATORY RESTRICTIONS
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
The adjustable uses of water are regulated as follows:
The watering of grassed areas is prohibited, except as noted
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.
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.
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
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
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
Other disturbed areas requiring vegetation where the failure
of which would threaten the integrity of the structure such as
dams, dikes, detention basins, etc.
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
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:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
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
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:
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.
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.
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.
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
Pre-rinses of vehicles shall be permitted only with recycled
Rinse cycles shall be forty (40) seconds or less per vehicle.
This may be accomplished by increasing conveyor speeds.
Additional measures shall be implemented such as reducing the
size of water nozzles where possible and plugging all unnecessary
out-flows, further reducing consumption.
All fixtures and equipment shall be inspected for leaks on a
daily basis. Necessary repairs shall be made immediately.
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.
The use of water in the sweeping or washing of streets,
driveways, sidewalks or paved areas is prohibited, except as
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.
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.
The serving of water in restaurants, clubs or eating places
is prohibited, unless specifically requested by the patron.
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
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.
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
The use of water for outdoor recreational purposes is
prohibited subject to the following exceptions:
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.
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.
Partially filled pools shall not be drained for maintenance.
The outdoor use of any water for ornamental purposes,
including fountains, artificial waterfalls and reflecting pools is
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.
Robert C. Shinn, Jr.