State Codes and Statutes

Statutes > New-jersey > Title-58 > Section-58-1a > 58-1a-4

58:1A-4.  State of water emergency;  emergency water supply allocation plan;   powers of Governor and Commissioner;  orders;  review
    a.  Upon a finding by the commissioner that there exists or impends a water  supply shortage of a dimension which endangers the public health, safety, or  welfare in all or any part of the State, the Governor is authorized to proclaim  by executive order a state of water emergency.  The Governor may limit the  applicability of any state of emergency to specific categories of water  supplies or to specific areas of the State in which a shortage exists or  impends.

    b.  The department shall, within 180 days of the effective date of this act,  adopt an Emergency Water Supply Allocation Plan as a rule and regulation.  This  plan shall be utilized as the basis for imposing water usage restrictions  during a declared state of water emergency and shall include a priority system  for the order in which restrictions would be imposed upon the various  categories of water usage.

    c.  During the duration of a state of water emergency the commissioner, to the extent not in conflict with applicable Federal law or regulation but notwithstanding any State or local law or contractual agreement, shall be empowered to:

    (1) Order any person to reduce by a specified amount the use of any water supply;  to make use of an alternate water supply where possible;  to make emergency interconnections between systems;  to transfer water from any public or private system;  or to cease the use of any water supply;

    (2) Order any person engaged in the distribution of any water supply to reduce or increase by a specified amount or to cease the distribution of that water supply;  to distribute a specified amount of water to certain users as specified by the commissioner;  or to share any water supply with other distributors thereof;

    (3) Establish priorities for the distribution of any water supply;

     (4) Adopt rules and regulations as are necessary and proper to carry out the  purposes of this section;  and

     (5) Direct any person engaged in the retail distribution of water to impose  and collect a surcharge on the cost of that water as a penalty for the violation of any order to reduce water usage issued pursuant to this subsection.  The disposition of all sums collected pursuant to this subsection shall be as provided by law;  and

    (6) Otherwise implement the Emergency Water Supply Allocation Plan adopted pursuant to subsection b. of this section.

    Any order issued by the commissioner pursuant to this subsection shall be based upon fair compensation, reasonable rate relief and just and equitable terms, to be determined after notice and hearing which may occur subsequent to the order and compliance therewith.

    d.  During the existence of a state of water emergency, the Governor may order the suspension of any laws, rules, regulations, or orders of any department or agency in State Government or within any political subdivision which deal with or affect water and which impede his ability to alleviate or terminate a state of water emergency.

    e.  Any aggrieved person, upon application to the commissioner, shall be granted a review of whether the continuance of any order issued by the commissioner pursuant to this section is unreasonable in light of then prevailing conditions of emergency.

    f.  During a state of water emergency the commissioner may require any other  department or other agency within State Government to provide information,  assistance, resources, and personnel as shall be necessary to discharge his  functions and responsibilities under this act, rules and regulations adopted  hereunder, or applicable Federal laws and regulations.

    g.  The powers granted to the Governor and the commissioner under this section shall be in addition to and not in limitation of any emergency powers now or hereafter vested in the Governor, the commissioner, or any other State department or agency pursuant to any other laws;  except that, upon declaring a  state of energy emergency, the Governor may supersede any other emergency powers.

    h.  The state of water emergency declared by the Governor pursuant to this section shall remain in effect until the Governor declares by a subsequent executive order that the state of water emergency has terminated.

     L.1981, c. 262, s. 4, eff. Aug. 13, 1981.