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Summary Listing of NJ Emergency Management Laws, Executive
Orders, and Legal Opinions
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ENABLING AUTHORITIES
Reorganization
Plan of Civilian Defense Director
The
Office of Civilian Defense was transferred from the
Department of Defense to the Department of Law and Public
Safety. This reorganization is intended to promote coordination
of State, County, and local relief efforts. All acts
and parts of act inconsistent with this reorganization
plan are superceded to the extent of such inconsistencies.
Executive Order 101, 1980 Transfer of Emergency Management
to the NJ State Police
Established
an Office of Emergency Management in the Division of
State Police, Department of Law and Public Safety. The
Office of Emergency Management shall be under the supervision,
direction and control of the State Director of Emergency
Management.
Executive
Directive No. 1978-1 - Establishment of the Emergency
Management Section
The
functions, power and duties of the Office of Civilian
Defense Director are hereby established in the Bureau
of Emergency Services in the Division of State Police
under the authority of William F. Hyland Attorney General.
EXECUTIVE
ORDERS
Executive
Order 39, 1954 - Functions and Duties of the State
Director - The Office of Emergency Management is the
lead State agency in disaster recovery operations and
it is responsible for coordinating State preparedness
plans for major disasters.
Executive
Order 12, 1970 - Directs each Department to Develop
Emergency Plans - Directs State Departments to develop,
coordinate and keep current a workable plan for the
effective utilization of manpower and resources. Copies
of these plans shall be forwarded to the Director of
Emergency Management. The Director of Emergency Management
is authorized to call upon any department, office, division
or agency of the State to supply such statistical data,
program reports and other information as he deems necessary.
Executive
Order 115, 1994 - Established an-Interagency State
Hazard Mitigation Team Established an interagency State
Hazard Mitigation Team. A representative of the office
of the Governor will chair the team and the State Hazard
Mitigation officer appointed by the Governor will serve
as Deputy Chair. Lists other members of the team, their
roles and responsibilities.
Executive
Order 161, 1987 - Implementation of the Federal
Emergency Planning and Community Right-to-Know Act -
Implementation of the State Emergency Response Commission
who shall perform all duties and acts prescribed by
the federal "Superfund Amendments and Reauthorization
Act of 1986.
Resolution
October 3, 1973 - New Jersey State Board of Education
Resolution
NJ Civil Defense and Disaster Control Act as amended.
(N.J.S.A., Appendix A:9-30 et al.)
App. A:9-30 et seq.
OTHER RELEVANT STATE STATUTES PERTAINING
TO EMERGENCY MANAGEMENT
NOTE:
Full text of the NJ Statutes are available on-line at
http://www.njleg.state.nj.us/html/statutes.htm
N.J.S.A.
2A:53A-13.1
No
volunteer fire company, volunteer first aid, rescue
or emergency squad, civil defense unit, which provides
services for the control and extinguishment of fires
or emergency public first aid and rescue services shall
be liable in any civil action to respond in damages
as a result of any~acts of commission arising out of
the rendition in good faith of any such services.
N.J.S.A.
2A:62A-7 Liability of Volunteer Fire Company and Civil
Defense Unit
No
individual, partnership, corporation, association, or
other entity shall be liable for civil damages as a
result of acts taken in the course of rendering care,
assistance, or advise with respect to an incident creating
a danger to persons or property
N.J.S.A.
2C:17-2
A
person who purposely or knowingly, unlawfully causes
an explosion, flood, collapse of a building, release
or abandonment of poison gas, radioactive materials
or any other harmful substance will be charged with
a crime in the second degree.
N.J.S.A.
13:1E-80
All
major hazardous waste facilities shall, for the purpose
of local property taxation, be assessed and taxed in
the same manner as other property.
N.J.S.A.
13:IK-17
When
the Department of Environmental Protection obtains information
which leads it to suspect. that hazardous discharge
has occurred, they shall immediately notify the governing
body and local Board of Health of the municipality in
which the hazardous discharge has occurred and shall
take appropriate actant verify that discharge has occurred.
Within
six months of the effective date of this act the department
shall notify the governing body of each municipality
in the State with a, list of all hazardous discharges
reported to the department.
N.J.S.A.
13:lk-33-35
The
Division of State Police in the Department of Law and
Public Safety and the Department of Environmental Protection
shall establish and operate a hazardous material discharge
initial emergency response training program for municipal
and county agents involved in investigating suspected
hazardous material discharge.
N.J.S.A.
26:2D-37-et seq
The
Division of State Police and the Department of Environmental
Protection shall prepare or cause to be prepared and
adopt a State Radiation Emergency Response Plan. This
statute covers local response plans, county response
plans, the powers and duties of DEEP and the powers
and duties of the Division of State Police.
The statute also provides guidelines for other relevant
agencies needed for radiation response.
N.J.S.A.
38A: 2-3 et seq.
Whenever
the militia, or any part thereof, is employed in aid
of~ civil authority, the Governor, if in his/her judgement
the maintenance of law and order will thereby be promoted,
may by proclamation, declare any county or municipality,
or part thereof, which the troops are serving to be
subject to martial law.
N.J.S.A.
38A: 3-6.1
The
Governor shall have the authority to order ' to active
duty, with or without pay, in State service, such members
of the New Jersey National Guard that in their judgement
are necessary to provide aid in circumstances which
threaten or are a danger to the public health, safety
or welfare.
N.J.S.A.
38A: 20-3
The
purpose of this compact is to provide mutual aid among
the states in meeting any emergency or disaster from
enemy attack or other cause (natural or otherwise) including
sabotage and subversive acts and direct attacks by bombs,
shellfire, and atomic, radiological, chemical, bacteriological
means, and other weapons. The prompt, full and effective
utilization I of the resources of respective states,
including such resources as may be available from
the United States Government or any other source, are
essential to the safety, care and welfare of the people.
N.J.S.A.
39:4-213
The
Attorney General is authorized to erect directional
signals or signs, and assign such police personnel as
may be necessary for the manual direction of traffic
during an,;f emergency.
N.J.S.A.
40A:14-156.4
Suspension of acts to provide emergency assistance.
The county emergency management coordinator may by express
order suspend operation of the provisions upon declaration
of a State of Emergency.
N.J.S.A.
48:23-11
In
order to qualify for funding pursuant to section 4 of
this act, the New Jersey Public Broadcasting Authority
shall, upon notification by the Director of the State
Office of Emergency Management in the Division of State
Police that an emergency condition exists, immediately
operate its television stations in order to broadcast
news and information concerning the emergency condition.
N.J.S.A.
52:14A-4 et seq.
In
the event that the Governor, f or any reason is not
able t-o exercise and discharge their duties, this statute
provides for emergency executive succession.
N.J.S.A.
52:14-4 et seq.
The
Governor's Advisory Council for Emergency Services and
guidance for its operation.
N.J.S.A.
52:27D-222
Directs
certain entities which store, manufacture, distribute
or warehouse unusually hazardous substances to develop
an emergency response plan along with the county or
municipal fire officials.
N.J.S.A.
53:1-21.6
The
Director of the State Office of Emergency Management
in the Division of State Police shall notify the New
Jersey Public Broadcasting Authority when an emergency
condition exists or is imminent. The Director shall
give the authority all information necessary for the
authority to operate its television stations in order
to alert and inform the public about the emergency condition.
N.J.S.A.
55:13C-1
Need
for emergency shelters for victims of f ire, natural
disasters, domestic - violence and other causes of homelessness.
Directs the Department of Community AF fairs and Human
Services to develop regulations for implementation of
the Rooming and Boarding Housing Act of 1979.
N.J.S.A.
58:16A-66 et seq
The
Commissioner of the Department of Environmental Protection
shall in consultation with the United States Army Corps,
of Engineers and in coordination with the Off ice of
Emergency Management in the Division of State Police,
develop a flood early warning-system.
N.J.S.A.
58:16a-101
The
office of Emergency Management shall notify the emergency
management organization in the counties, which shall
then notify the local police departments in the event
of a flood situation.
New Jersey Administrative Code
- Summary
NJAC
7:19 et seq - The Water Supply Management Act, NASA
58:1A-1 et seq constitutes the rules governing the management
of the waters of the State during drought warning and
water supply emergencies.
N.J.A.C.
7:26-9.7-212-216 - Standards and requirements for
all persons treating, storing or disposing of hazardous
waste.
N.J.A.C.
8:39 41.2-42.2 - Guidelines for fire regulations
in long-term health care.
N.J.A.C.
8:436-24.13 - Guidelines for fire and emergency
preparedness for hospital facilities
N.J.A.C.
12:100-4.2 - Hazardous materials and occupational
safety and health standards for public employees engaging
in general operations.
N.J.A.C.
12:100- 4.3
The
purpose of this subchapter is to set forth procedures
to protect employees from the hazards,* of entry into
and work within a confined space
N.J.A.C.
Chapter 17
The
Governor is authorized to enter into agreements with
the governors of any of the states bordering on New
Jersey f or the protection in the event of emergency
of any or all interstate bridges, tunnels, ferries and
other communications facilities.
N.J.A.C.
Chapter 18
With
the prior or subsequent consent of the congress of the
United States, the Governor, on behalf of this State,
is authorized to enter into, amend, supplement and implement
agreements or compacts with the executive authorities
of other states, providing for mutual military aid,
and matters incidental thereto, in an emergency.
NJ
ATTORNEY GENERAL POLICY MEMOS
Memorandum October 8, 1980 - The Superintendent
of the State Police is the point of authority in emergency
situations which are beyond local control - when the
cabinet officers are not present it must be known that
the representative of the State Police is the person
in charge.
Memorandum October 29, 1985 - The Attorney General opinion
regarding the statutory
authority of municipal plans.
Memorandum August 10, 1990 - Fire chiefs do
not have any powers of supersession by virtue of the
Statute 40A:14-54, with respect to any members of the
New Jersey State Police while acting in their official
capacities.
Memorandum January 6, 1992 - Economic Responsibilities
of Municipalities in periods of emergencies. It is the
opinion of the Attorney General that a municipality
will bear appropriate coasts in dealing with an emergency
within its boundaries.
Memorandum January 29, 1993 - Procedures for
inclement weather and their effect on State operations.
Memorandum June 10, 1993 - Any amount of material
discharged into a waterway, storm drain, or sewer requires
immediate notification to the New Jersey State Police.
Memorandum June 22 1993 - State Police notification
of Hazardous Materials Incident and the procedures to
be followed.
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