NJDEP Proposes Common Sense Waiver Rule


On March 7, 2011, the New Jersey Department of Environmental Protection (“NJDEP”) proposed a rule that would enable them to relax standards set-forth in existing rules under appropriate circumstances. The goal of the proposed rule is to remove unreasonable impediments to economic growth while ensuring net environmental benefit for the State. The proposed rule establishes the conditions and procedures for the NJDEP “to approve waivers from strict compliance with its rules where rules conflict, or rules are unduly burdensome in specific application, or net environmental benefit would be realized, or public emergency exists.” The idea is to prevent or minimize the circumstances where strict compliance with a rule would lead to an unreasonable, unfair, or unintended result which in turn could adversely effect the applicant, the public, and/or the environment.

This proposed rule is consistent with Governor Chris Christie’s Executive Order No. 2, which sought to establish “Common Sense Principals” of governance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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