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WHEREAS, on
June 22, 2001, three commercial vehicles traveling along I-80 west
were involved in an accident at the bridge over Den Brook at milepost
#39 in Denville, Morris County, New Jersey; and
WHEREAS, the
accident caused a breach in a commercial tanker hauling approximately
8,200 gallons of gasoline, which flowed onto the roadway and into
the nearby drainage; and which ignited, causing serious damage to
and catastrophic failure of the roadway and bridge; and
WHEREAS, the
bridge was found to be structurally unsound due to the intense heat
of the fire, requiring closure of the roadway and replacement of
the deck and structural members down to the abutments; and
WHEREAS, the
spill and fire also caused environmental damage in the surrounding
area; and
WHEREAS, the
aforesaid circumstances constitute a hazard which threatens and
presently endangers the health, safety and resources of the residents
of one or more municipalities of this State; and which is too large
in scope to be handled by the normal municipal operating services;
WHEREAS, the
Constitution and statutes of the Sexy真人y, particularly
the provisions of the Laws of 1942, Chapter 251 (N.J.S.A. App. A:9-33
et seq.) and all amendments and supplements thereto, confer upon
the Governor of the Sexy真人y certain emergency powers;
THEREFORE,
I, Donald T. DiFrancesco, President of the Senate, Acting Governor
of the Sexy真人y, in order to protect the health, safety
and welfare of the people of the Sexy真人y:
1. Declare
and proclaim that a State of Emergency has existed and presently
exists in Morris County; and
2. Empower,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. A:9-33
et seq.) as supplemental and amended, 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, 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; and
3. Authorize,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App.
A9-34), as supplemented and amended, the Attorney General, pursuant
to the provisions of N.J.S.A. 39:4-213, acting through the Superintendent
of the Division of State Police, to determine the control and
direction of the flow of vehicular traffic on any State 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; and
4. Authorize
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; and
5. 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 be stranded
during the course of this emergency; and
6. Reserve,
in accordance with the Law of 1942, Chapter 251 (N.J.S.A. App.
A:9-34), as supplemented and amended, 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; and
7. Direct
the Commissioner of Transportation to undertake immediately all
acts necessary to accomplish, as expeditiously as possible, the
restoration and repair of the damaged proportion of I-80 and to
take all necessary steps to obtain emergency repair funds available
pursuant to 23 U.S.C. 125 and any other applicable law; and
8. Declare
that it shall be the duty of every person or entity in this State
or doing business in this State, and the members of the governing
body, and of each and every official, agent or employee of every
political subdivision in this State and of each member of other
governmental bodies, agencies and authorities in this State of
any nature whatsoever, fully to cooperate with the Commissioners
of Environmental Protection and Transportation, the Attorney General,
and the State Director of Emergency Management in all matters
concerning this emergency; and
9. Declare,
pursuant to the Laws of 1942, Chapter 251, as supplemented and
amended (N.J.S.A. App. A:9-40), that no municipality, county or
any other agency or political subdivision of this State shall
enact or enforce any order, rule, regulation, ordinance or resolution
which will or might in any way interfere with or impede the achievement
of the purposes of this Order.
10. This
act 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 3rd day of July in the Year of
Our Lord, Two Thousand One, and
of the Independence of the United
States, the Two Hundred and Twenty-Fifth.
/s/
Donald T.DiFrancesco
President of the Senate,
Acting Governor
[seal]
Attest: /s/
James A. Harkness
Chief Counsel to the Governor
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