NJDEP Common Sense Waiver Rule To Become Effective August 1, 2012

Despite fierce opposition from the Senate Environment Committee and environmentalists, the New Jersey Department of Environmental Protection ("NJDEP") has announced that it plans to adopt the "Common Sense Waiver Rule," which will be published on April 2, 2012 and will become effective on August 1, 2012.

The Waiver Rule was adopted in response to Governor Chris Christie's Executive Order No.2, which mandates the use of "common sense principles" by state agencies and is intended to promote flexibility in the application of NJDEP regulations.  

The Rule permits NJDEP to waive strict compliance with agency rules under four circumstances: 

1. The rule sought to be waived conflicts with another NJDEP or other State or Federal agency rule;