THE GOVERNOR
GOVERNOR'S OFFICE
[30 Pa.B. 1249]
Proclamation of Disaster Emergency February 19, 2000
Whereas, Investigations made at my direction have disclosed that unusually heavy rains combined with a sudden meltdown of the snow-pack in parts of Allegheny, Fayette, Washington and Westmoreland Counties on February 18 and 19, 2000, have caused widespread flooding along the length of the Monongahela River and many of its tributaries which has resulted in extensive damage to roads and streets, private homes, businesses and caused other adverse impacts upon the general population of those counties; and
Whereas, the emergency situation throughout the southwestern portion of the Commonwealth has the potential for requiring sheltering or evacuation of those citizens for their protection; and
Whereas, the emergency situation may be of such magnitude or severity as to render essential the Commonwealth's supplementation of county and municipal efforts and resources and the activation of all applicable state, county, and municipal emergency response plans;
Now Therefore, pursuant to the provisions of Subsection 7301(c) of the Emergency Management Services Code (35 Pa.C.S. Section 7101 et seq.), I do hereby proclaim the existence of a disaster emergency in Allegheny, Fayette, Washington and Westmoreland Counties, and I direct all Commonwealth departments and agencies to utilize all available resources and personnel as is deemed necessary to cope with the magnitude and severity of this emergency situation;
Further, I hereby transfer up to $2,000,000 in unused appropriated funds to the Pennsylvania Emergency Management Agency. The aforementioned funds shall be used for disaster-related expenses incurred by various state agencies and departments. These funds shall be credited to a special account established by the Office of the Budget. All Commonwealth agencies purchasing supplies or services in response to this emergency are authorized to utilize the emergency procurement procedures set forth in Section 516 of the Commonwealth Procurement Code, 62 Pa.C.S. Section 516. This Proclamation shall serve as the written determination of the basis for the emergency under Section 516; and
Further, I hereby authorize the Secretary of the Department of Transportation to use all available equipment, resources, and personnel of the Department, in whatever manner that he deems necessary, to ensure that all state highways in the disaster affected areas are cleared of debris and any other obstructions resulting from this severe flooding. In addition, I hereby waive any laws or regulations that would restrict the application and use of the Department's equipment, resources, and personnel to assist local jurisdictions in clearing and removal of debris and other types of obstructions from non-state-owned highways. This assistance to local jurisdictions may be provided solely at the discretion of the Secretary of the Department of Transportation. However, this assistance does not apply to privately owned highways, roads, streets or other types of property; and
Further, I hereby authorize the Secretary of the Department of Transportation to use all available equipment, resources and personnel of the Department, in whatever manner he deems necessary, to ensure that highways, bridges, roadbeds and related facilities and structures, including Federal-aid highways, that have sustained damage in the disaster affected area are immediately repaired, maintained, reconstructed or replaced, or that new construction is undertaken where necessary. In addition, I hereby waive any laws or regulations that would restrict the ability of the Department to respond immediately and effectively in repairing, maintaining, reconstructing or replacing these damaged highways, bridges, roadbeds, and related facilities and structures, including Federal-aid highways, and areas adjacent thereto, or in undertaking necessary new construction; and
Further, I have directed that the emergency response and recovery aspects of the Commonwealth and all applicable county, municipal and other disaster emergency response and recovery plans be activated and that all state, county and municipal actions taken to implement those plans be coordinated through the Pennsylvania Emergency Management Agency; and
Further, pursuant to the powers vested in me by the Constitution and laws of this Commonwealth, I hereby authorize the Adjutant General of Pennsylvania to place on state active duty, for the duration of the emergency/disaster proclamation, such individuals and units of the Pennsylvania National Guard, as requested by the Pennsylvania Emergency Management Agency, to alleviate the danger to public health and safety caused by the aforementioned emergency; and
Still Further, I hereby continue to urge the governing bodies and executive officers of all political subdivisions affected by this emergency to act as necessary to meet the current exigencies as legally authorized under this proclamation, namely: by the employment of temporary workers, by the rental of equipment and by entering into such contracts and agreements as may be required to meet the emergency, all without regard to those time-consuming procedures and formalities normally prescribed by law, mandatory constitutional requirements excepted.
Given under my hand and the seal of the Governor, at the City of Harrisburg, this nineteenth day of February in the year of our Lord two thousand and of the Commonwealth the two hundred and twenty-fourth.
Governor
[Pa.B. Doc. No. 00-369. Filed for public inspection March 3, 2000, 9:00 a.m.]
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