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State of New Jersey
Executive Order #28

Governor James E. McGreevey

WHEREAS, on May 30, 2002, a commercial vehicle traveling along I-295 South struck the overpass for Creek Road over I-295 near milepost #26 in Bellmawr, Camden County, New Jersey near the border of Gloucester County; and

WHEREAS, the accident shattered the facia beam and the fifth interior beam causing serious damage to and catastrophic failure of the overpass; and

WHEREAS, the overpass was found to be structurally unsound requiring closure of the both I-295 and Creek Road until temporary repairs could be made and replacement of a portion of the deck and structural members down to the abutments is required; and

WHEREAS, traffic was and will periodically continue to be diverted from Creek Road and I-295 onto surrounding network roads, causing abnormally heavy traffic in those areas; and

WHEREAS, damage to the overpass has been of such an extent that immediate repairs have been necessary. Such conditions constitute an emergency as is contemplated by the terms of Sections 125 and 120(e) of Title 23, U.S.C.; and

WHEREAS, the aforesaid circumstances constitute a hazard that has threatened and endangered and continues to threaten and endanger the health, safety and resources of the residents of one or more municipalities of this State; and which is too large in scope to be handled by the normal municipal operating services; and

WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. App. A: 9?33 et seq. and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers;

NOW, THEREFORE, I, JAMES E. MCGREEVEY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and the statutes of this State including the provisions of N.J.S.A. Appendix A:9-33 et seq., in order to protect the health, safety and welfare of the people of the State of New Jersey, do hereby ORDER and DIRECT THAT:

  1. A State of Emergency has existed since May 30, 2002 and presently exists in Camden and Gloucester Counties as a result of the aforementioned accident and consequent danger to life and damage to property including Federal-aid highways. The immediate repair and reconstruction of the damaged highways is vital to the security, well-being, and health of the citizens of the State of New Jersey; and the Federal Highway Administrator is hereby requested to concur in the declaration of this emergency; and

  2. The State Director of Emergency Management, in accordance with N.J.S.A. A:9-33 et seq. as supplemented and amended, through the police agencies under his control, to determine the control and direction of the flow of such vehicular traffic on any State Highway, municipal or county road, including the right to detour, reroute or divert any or all traffic and to prevent ingress or egress from any area, that, in the State Director's discretion, is deemed necessary for the protection of the health, safety and welfare of the public, and to remove parked or abandoned vehicles from such roadways as conditions warrant; and

  3. In accordance with N.J.S.A. App. A:9-33 et seq. as supplemented and amended, the Attorney General, pursuant to the provisions of N.J.S.A. 39:4-213 to determine the control and direction of the flow of vehicular traffic on any State or Interstate highway, and its access roads, including the right to detour, reroute or divert any or all traffic, and to prevent ingress or egress from any area to which the declaration of emergency applies, and further authorize all law enforcement

  4. The Commissioner of Transportation to undertake immediately all acts necessary to accomplish, as expeditiously as possible, the restoration and repair of the damaged portion of Creek Road and I-295 and to take all necessary steps to obtain emergency repair funds available pursuant to 23 U.S.C. ? 125 and any other applicable law; and

  5. It shall be the duty of every person or entity in this State or doing business in this State, and the members of the governing body, and of each and every official, agent or employee of every political subdivision in this State and of each member of other governmental bodies, agencies and authorities in this State of any nature whatsoever, fully to cooperate with the Commissioner of Transportation, the Attorney General, and the State Director of Emergency Management in all matters concerning this emergency; and

  6. Pursuant to the N.J.S.A. App. A:9-40, that no municipality, county or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance or resolution which will or might in any way conflict with any of the provisions of this Order, or which will in any way interfere with or impede the achievement of the purposes of this Order.

  7. This Order shall take effect immediately and shall remain in effect until such time as it is determined by me that an emergency no longer exists.

Dated:


GIVEN, under my hand and seal this
28th day of August in the year of Our
Lord two thousand and two and the
Independence of the United States,
the two hundred and twenty-seventh.

/s/ James E. McGreevey,
Governor
[seal]

Attest:
/s/ Paul Levinsohn,
Chief Counsel to the Governor

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