WHEREAS, the
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., requires
that the Governor adopt each areawide water quality management plan
developed by the Department of Environmental Protection (DEP) or
by planning agencies designated by the Governor; and
WHEREAS, the
Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C.A.
1251 et seq., as amended by Pub. L. 92-500 (1972), and the regulations
promulgated pursuant thereto by the United States Environmenal Protection
Agency (USEPA) require that the Governor of each state certify water
quality management plans for submission to the USEPA and designate
management agencies to carry out such plan; and
WHEREAS, to
further the water quality management planning process, the Clean
Water Act was amended in 1987 to require that the Governor of each
state submit assessment reports and management programs for nonpoint
sources of water pollution to the USEPA; and
WHEREAS, the
DEP has been and will continue to be the lead State agency in administering
and supervising Statewide efforts toward adopting comprehensive
water quality management plans including, but not limited to, the
designation of the management agencies to implement such plans and
the preparation of assessment reports and management programs for
nonpoint sources of water pollution; and
WHEREAS, it
is desirable for the Commissioner of Environmental Protection to
be authorized to act on behalf of the Governor in the adoption and
submission of water quality management planning documents as required
by both Federal and State laws;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the Sexy真人y, by virtue
of the authority vested in me by the Constitution and the Statutes
of this State, do hereby ORDER and DIRECT:
1. The Commissioner
of Environmental Protection is designated to act on behalf of
the Governor in the proposal and adoption of areawide water quality
management plans and amendments thereto under the Water Quality
Planning Act, N.J.S.A. 58:11A-1 et seq.
2. The Commissioner
is designated to act on behalf of the Governor in the certification
of water quality management plans and amendments thereto and the
designation of management agencies to carry out such plans as
required under the Clean Water Act.
3. The Commissioner
is designated to act on behalf of the Governor in the submission
of assessment reports and management programs to the USEPA for
nonpoint sources of water pollution as required under the Clean
Water Act.
4. The Commissioner
may delegate to the Director of the Division of Water Resources
the authority received from the Governor pursuant to paragraphs
1 and 2 of this Executive Order to propose and adopt areawide
water quality management plans and amendments thereto, to designate
management agencies and to certify the adoption of water quality
management plans and amendments.
5. This
Order shall take effect immediately and shall be retroactive to
the extent necessary to ratify any actions taken by the Department
pertaining to the certification, proposal or adoption of water
quality management plans and amendments thereto or the designation
of management agencies to carry out such plans prior to the date
of this Order.
GIVEN,
under my hand and seal
this 26th day of January in the Year
of Our Lord, one thousand nine hundred
and ninety, and of the Independence
of the United States, the two hundred
and fourteenth.
/s/
James J. Florio
GOVERNOR
Attest:
/s/ John A.
Sweeney
Counsel to the Governor
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