In March of 2012, the New Jersey Department of Environmental Protection adopted a “Waiver Rule” that gives the department flexibility to modify compliance with rules in certain limited circumstances that do not compromise protections for the environment or public health. The process will be transparent, with all applications and actions posted prominently on the DEP’s website. Requests for waivers will be accepted beginning August 1, 2012.
To apply for a waiver, a requester must demonstrate that at least one of four criteria is met: there is a Public Emergency that has been formally declared; Conflicting Rules (between federal and state agencies, or between state agencies) are adversely impacting a project or activity from proceeding; a Net Environmental Benefit would be achieved; or an Undue Hardship is being imposed by the rule requirement(s). More information is available at www.nj.gov/dep/waiverrule.