AN ACT providing for emergency air pollution controls, and supplementing the "Air Pollution Control Act (1954)" approved September 16, 1954 (P.L.1954, c.212).
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
C.26:2C-26 Title of act. 1. This act shall be known and may be cited as the "Air Pollution Emergency Control Act (1967)."
C.26:2C-27 Legislative findings. 2. The Legislature finds and declares that air pollution may at certain times and in certain places so seriously affect the health of the public and so directly threaten the lives of large portions of the population as to warrant the provision of emergency powers as in this act provided to prevent or minimize disasters of unforseeable proportions.
C.26:2C-28 Definition of "area." 3. As used in this act "area" means and refers not only to that portion or portions of the State as shall be described in the air pollution emergency declaration of the Governor but also to any other portion or portions of the State where activities are carried on which contribute or may contribute to the air pollution emergency in the portion or portions of the State described in the Governor's declaration.
C.26:2C-29 Powers of the Governor. 4. If the State Commissioner of Health determines at any time that air pollution, in any county, locality, place or other area in the State constitutes an unreasonable and emergency risk to the health of those present within said area of the State, such determination shall be communicated in writing, with the factual findings on which such determination is based, to the Governor; the commissioner may delegate in writing to any employee of the department the power to make such determination and deliver the same to the Governor in the absence of the commissioner from the State. Upon being so advised the Governor may by proclamation declare, as to all or any part of said area mentioned in the aforesaid determination, that an air pollution emergency exists, and upon making such declaration the Governor shall have the following powers which he may exercise in whole or in part by the issuance of an order or orders: (a) To prohibit, restrict or condition motor vehicle travel of every kind, including trucks and buses, in the area; (b) To prohibit, restrict or condition the operation of retail, commercial, manufacturing, industrial, or similar activity in the area; (c) To prohibit, restrict or condition operation of incinerators in the area; (d) To prohibit, restrict or condition the burning or other consumption of any type of fuel in the area; (e) To prohibit, restrict or condition the burning of any materials whatsoever in the area; (f) To prohibit, restrict or condition any and all other activity in the area which contributes or may contribute to the air pollution emergency.
C.26:2C-30 Maximum publicity. 5. The declaration by proclamation of the Governor of an air pollution emergency and any order issued by the Governor pursuant to such declaration shall be given maximum publicity throughout the State.
C.26:2C-31 Duration of emergency. 6. Any gubernatorial order may be amended or modified by further gubernatorial orders. Said order or orders shall not require any judicial or other order or confirmation of any type in order to become immediately effective as the legal obligation of all persons, firms, corporations and other entities within the State. Said order shall remain in effect for the duration of time set forth in same, and if no time limit is specified in said order, same shall remain in effect until the Governor declares by further proclamation that the emergency has terminated.