GH&C Update: The Proposed NJDEP Waiver Rule
March 8, 2011
March 8, 2011 - Red Bank, NJ - On March 7, 2011, DEP proposed adoption of a rule that would waive strict compliance with any DEP regulations. These waivers can be issued when there are conflicting rules, strict compliance with a rule would be unduly burdensome, the waiver would result in a net environmental benefit, or if there is a public emergency. There are some exclusions that should be investigated should you seek a waiver. There are eight (8) evaluation criteria including sufficient notice, sufficient information provided to the Department, circumstances that support the need for waiver, was the hardship self made, is there a net environmental benefit, the activity to be authorized is consistent with the purposes and objectives of the statute, the waiver would be consistent with the Department’s core mission to maintain, protect and enhance New Jersey Natural Resources and to protect health, safety and welfare.
This was one of the top priorities of the New Jersey Builders Association and is the first new innovative environmental regulation to be proposed by the Christie Administration. We urge you to review prior denials, etc. to ascertain whether those projects may be eligible for a waiver and to consider the waiver when moving forward with any future applications.
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|Tags: Michael J. Gross, Environmental|
Posted in: Environmental - Land Use