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ARTICLE · 19 MARCH 2012

NJDEP Rule Provides Relief From Environmental Regulatory Requirements

New Jersey Department of Environmental Protection to begin accepting applications this summer for waivers of environmental compliance.

United StatesEnvironment
Christopher McAuliffe
Christopher McAuliffe

New Jersey Department of Environmental Protection to begin accepting applications this summer for waivers of environmental compliance.

The New Jersey Department of Environmental Protection (NJDEP) adopted a new rule on March 8 that provides a process for NJDEP to waive compliance with regulatory requirements. Waivers of compliance are granted at NJDEP's discretion, following a demonstration by a party seeking the waiver, and consistent with NJDEP's core mission to maintain, protect, and enhance New Jersey's natural resources and to protect public health, safety and welfare, and the environment. NJDEP will begin accepting applications for waivers on August 1, 2012.

A party seeking to obtain a waiver of compliance with one of the state's environmental regulatory requirements must submit an application to NJDEP demonstrating that strict compliance with one of NJDEP's regulations should be waived based on at least one of the following four reasons: (1) a conflict among

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