WHEREAS, the Water
Supply Management Act, N.J.S.A. 58:1A-1 et seq., vests the Governor with
significant authority to address water supply emergencies in the State;
and
WHEREAS, the State
has a statutory obligation to manage its water resources efficiently and
effectively as public assets of the State held in trust for its citizens
to ensure their health, safety and welfare; and
WHEREAS, it is a
fundamental obligation of government to ensure a safe and adequate supply
of drinking water; and
WHEREAS, the State
is now in the seventh month of a water emergency declared in Executive
Order No. 11, dated March 4, 2002, which water emergency period is part
of a larger sustained period in which 35 of the last 49 months have experienced
below normal rainfall, with 8 of the last 12 months being significantly
below normal, including several periods that have been the driest in recorded
New Jersey meteorological history; and
WHEREAS, the current
pace of development in the Pinelands Regional Growth Areas in Atlantic
County threatens to create seriously adverse ecological and water supply
consequences to the Kirkwood-Cohansey aquifer system; and such consequences
could result prior to the completion of the long-term study of the ability
of the aquifer to meet the water supply needs of the Pinelands area currently
being performed pursuant to P.L. 2001, Chapter 165; and
WHEREAS, the water
purveyor for the Townships of Egg Harbor and Galloway has exceeded its
permitted water allocation and will be unable to supply water for additional
growth in the Regional Growth Areas unless additional water can be allocated;
and
WHEREAS, the Township
of Hamilton is currently operating within its permitted water allocation
limits, but with current rates of development, is likely to face serious
water supply shortfalls unless additional capacity can be allocated; and
WHEREAS, a range
of regulatory programs may be encouraging development expectations and
private investments in the Townships of Egg Harbor, Galloway and Hamilton
that may worsen the ecological and water supply impacts which may, in
turn, exacerbate the current water emergency or may cause other water
emergencies in the future;
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 by the Statutes
of this State, do hereby ORDER and DIRECT:
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The Department
of Environmental Protection, in consultation with the Department of
Community Affairs, the Pinelands Commission, Rutgers University, the
State Climatologist, the United States Geological Survey, Atlantic
County and any other entity which may provide expertise deemed necessary
by the Commissioner of DEP shall, within one year of the effective
date of this Order, assess the adequacy of the water supply in relation
to approved and anticipated growth in Egg Harbor, Galloway and Hamilton
Townships.
-
The Department
of Environmental Protection, consistent with the Water Emergency Orders
previously issued, shall hold in abeyance, during the duration of
the water emergency currently in effect, all decisions on any new
or modified water allocation permits or water use registrations for
water supply under N.J.A.C. 7:19 in Egg Harbor, Galloway and Hamilton
Townships.
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During the state
of water emergency, pursuant to N.J.S.A. 58:1A-4(d), I hereby suspend
the applicability of any laws, rules or regulations pertaining to
the Department of Environmental Protection, to the extent they would
prevent the implementation of Department of Environmental Protection
Administrative Order No. 2002-22, a copy of which is attached hereto.
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For the duration
of the water emergency currently in effect, 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 exemption from Section 2 above and from Department of
Environmental Protection Administrative Order No. 2002-22, based upon
the Hardship Exemption Procedures set forth in N.J.A.C. 7:19-16.
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This Executive
Order shall take effect immediately.
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GIVEN, under
my hand and seal this day of
in the Year of Our Lord, Two Thousand
and Two, and of the Independence of the
United States, the Two Hundred and Twenty-Seventh.
/s/ James
E. McGreevey
Governor
[seal]
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Attest:
/s/ Paul A. Levinsohn
Chief Counsel to the Governor