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Governor Christie Signs Executive Order Declaring Weather State of Emergency

By Herald Staff

Trenton, NJ – Governor Chris Christie declared a State of Emergency Sunday in New Jersey due to the severe weather conditions of the last two days which have resulted in river and stream flooding in some areas, hundreds of thousands of power outages, damage to property and at least two deaths.
The State of Emergency, similar to one declared on February 9 for some southern counties of the state due to heavy snow fall, broadens powers of the New Jersey State Police to activate elements of the State Emergency Operations Plan, including traffic control, limiting access and egress from impacted areas and issuing evacuation orders if needed, among other powers.
The declaration, which was made in an Executive Order signed by Gov. Christie, confers those powers on the state Director of Emergency Management, who is the Superintendent of the State Police, Col. Rick Fuentes. The Executive Order would also allow National Guard troops to be called up if needed.
The Executive Order specifically notes that major flooding is occurring on the Raritan and Passaic Rivers. The State Police report that some media have erroneously reported tonight that dams in northern New Jersey had been breached. As of 9 p.m. no such events had been confirmed.
“My first order of business as Governor is to protect the health, safety and welfare of our citizens,” Governor Christie said. “I want to ensure that local and county resources are supplemented if needed to get everyone through this as quickly and safely as possible.”
EXECUTIVE ORDER NO.
WHEREAS, beginning on March 12, 2010 and continuing through the present time, severe weather conditions, including heavy rains, high winds, tidal and coastal flooding, main stream and river flooding, and progressing runoff have threatened to damage or destroy homes and other structures and to impede transportation and the flow of traffic throughout the State; and
WHEREAS, as a result of these weather conditions, more than 325,000 residents throughout the State of New Jersey have suffered power outages and more than 200,000 residents continue to endure power outages; and
WHEREAS, major flooding is occurring on the Raritan and Passaic Rivers and continuing rain, saturated ground, and progressing runoff will worsen flooding conditions in the Raritan and Passaic River basins and in other rivers and streams throughout New Jersey; and
WHEREAS, the aforesaid weather and flood conditions 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 a disaster from a natural cause, which threatens and presently endangers the health, safety, and resources of the residents of one or more municipalities and counties of this State; and
WHEREAS, this situation is too large in scope to be handled by the normal county and municipal operating services in some parts of this State, and this situation may spread to other parts of the 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;
NOW, THEREFORE, I, CHRIS CHRISTIE, 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.
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 my prior approval 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.
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 me that an emergency no longer exists.
GIVEN, under my hand and seal this Fourteenth day of March,
Two Thousand and Ten, and of the Independence of the United States, the Two Hundred and Thirty Fourth.
Chris Christie
GovernorAttest:
Jeffrey S. Chiesa
Chief Counsel to the Governor

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