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12/26/2010 - Acting Governor Declares State of Emergency

Acting Governor Sweeney Has Declared a State of Emergency (Sunday, 12/26/10). The text of the Executive Order is below.

 

EXECUTIVE ORDER NO.

WHEREAS, the National Weather Service has issued a Blizzard Warning for

the entire state of New Jersey predicting heavy snow, high winds, tidal and

coastal flooding and blizzard conditions beginning on December 26, 2010 and

continuing; and

WHEREAS, this severe winter storm is expected to produce from eight to

twenty inches of snow throughout the State, with forecasts of significantly higher

snowfall accumulations in some localities, high winds with gusts of 35 to 45 miles

per hour, tidal and coastal flooding, blizzard conditions and snow drifts which will

impede transportation and the flow of traffic throughout the State; and

WHEREAS, this severe winter storm is expected to cause widespread

power outages to tens of thousands of homes, nursing homes and businesses,

requiring State and local governments to open shelters and assist in

evacuations, as well as leaving roadways impassable and clogged with snow;

and

WHEREAS, the impending severe winter storm and flood conditions will

make it difficult or impossible for citizens to obtain the necessities of life, as well

as essential services such as police, fire and first aid; and

WHEREAS, the aforesaid weather and flood conditions constitute an

imminent hazard that threatens and endangers the health, safety and resources

of the residents of one or more municipalities and counties of this State; and

WHEREAS, this situation may become too large in scope to be handled by

the normal county and local operating services in some parts of this State; 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., N.J.S.A. 38A:3-6.1, and

N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the

Governor of the State of New Jersey certain emergency powers;

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NOW, THEREFORE, I, STEPHEN M. SWEENEY, Acting Governor of the State of

New Jersey, in order to protect the health, safety and welfare of the people of

the State of New Jersey DO DECLARE and PROCLAIM that a State of Emergency

presently exists throughout the State of New Jersey; and I hereby ORDER and

DIRECT the following:

1. I authorize and empower the State Director of Emergency

Management to activate those elements of the State Emergency Operations

Plan that he deems necessary to further safeguard the public security, health,

and welfare, and to coordinate the recovery effort from this emergency with

all governmental agencies, volunteer organizations, and the private sector.

2. I authorize and empower, in accordance with N.J.S.A. App.A:9-33

et seq., the State Director of Emergency Management, who is the

Superintendent of State Police, through the police agencies under his control,

to determine the control and direction of the flow of such vehicular traffic on

any State Highway or 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.

3. I authorize and empower the Attorney General, pursuant to the

provisions of N.J.S.A. 39:4-213, acting through the Superintendent of State Police,

to determine the control and direction of the flow of vehicular traffic on any

State, municipal, county, 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 officers to enforce any such order of the

Superintendent of State Police within their respective municipalities.

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4. I authorize and empower the State Director of Emergency

Management to order the evacuation of all persons, except for those

emergency and governmental personnel whose presence the State Director

deems necessary, from any area where their continued presence would

present a danger to their health, safety, or welfare because of the conditions

created by this emergency.

5. I authorize and empower the State Director of Emergency

Management to utilize all facilities owned, rented, operated, and maintained

by the State of New Jersey to house and shelter persons who may need to be

evacuated from a residence, dwelling, building, structure, or vehicle during the

course of this emergency.

6. I authorize and empower the executive head of any agency or

instrumentality of the State government with authority to promulgate rules to

waive, suspend, or modify any existing rule the enforcement of which would be

detrimental to the public welfare during this emergency, notwithstanding the

provisions of the Administrative Procedure Act or any law to the contrary for the

duration of this Executive Order, subject to the prior approval of the Governor or

Acting Governor and in consultation with the State Director of Emergency

Management. Any such waiver, modification, or suspension shall be

promulgated in accordance with N.J.S.A. App. A:9-45.

7. I authorize and empower the Adjutant General, in accordance with

N.J.S.A. 38A:2-4 and N.J.S.A. 38A:3-6.1, to order to active duty such members of

the New Jersey National Guard who, in the Adjutant General's judgment, are

necessary to provide aid to those localities where there is a threat or danger to

the public health, safety, and welfare and to authorize the employment of any

supporting vehicles, equipment, communications, or supplies as may be

necessary to support the members so ordered.

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8. In accordance with the N.J.S.A. App.A:9-34 and N.J.S.A. App.A:9-51,

I reserve the right to utilize and employ all available resources of the State

government and of each and every political subdivision of the State, whether of

persons, properties, or instrumentalities, and to commandeer and utilize any

personal services and any privately owned property necessary to protect

against this emergency.

9. This Order shall take effect immediately and shall remain in effect

until such time as it is determined by the Governor or Acting Governor that an

emergency no longer exists.

GIVEN, under my hand and seal this

twenty-sixth day of December,

Two Thousand and Ten, and of

the Independence of the United

States, the Two Hundred and

Thirty-Fifth.

Stephen M. Sweeney

Acting Governor

Attest:

Jeffrey S. Chiesa

Chief Counsel to the Governor