New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1B - WAIVER OF DEPARTMENT RULES
Subchapter 2 - WAIVER
Section 7:1B-2.1 - Basis for a waiver

Universal Citation: NJ Admin Code 7:1B-2.1

Current through Register Vol. 56, No. 24, December 18, 2024

(a) Except as provided in (b) below, the Department may, in accordance with this chapter, prospectively waive the strict compliance with any of its rules only when it determines that at least one of the following exists and all other requirements of this chapter are met:

1. Conflicting rules;

2. The strict compliance with the rule would be unduly burdensome;

3. A net environmental benefit; or

4. A public emergency.

(b) The Department shall not under this chapter waive:

1. A requirement of, or duty imposed by, a Federal or State statute or Federal regulation, unless that statute or regulation provides for such a waiver;

2. A rule providing for a Federally delegated, authorized, or assumed program where the waiver would not be consistent with New Jersey's delegation, authorization, or assumption of authority pursuant to a Federal program;

3. A rule that implements a Federally enforceable program pursuant to a State Implementation Plan (SIP), as defined at N.J.A.C. 7:27-18.1;

4. A rule that is part of a collaborative program involving multiple states or jurisdictions where the waiver would not be consistent with New Jersey's participation in the multi-state or multi-jurisdiction program;

5. A rule concerning the air emissions trading program;

6. A rule providing for a numeric or narrative standard protective of human health;

7. A rule concerning the designation of rare, threatened, or endangered status of any species of flora or fauna, or habitat for such species;

8. A rule providing for a remediation funding source, claim or other reimbursement, grant, loan, or other financial assistance;

9. A rule providing for a license, certification, or registration for a vehicle, boat, individual, or business;

10. A rule providing for a license or approval for hunting, fishing, or trapping;

11. A rule providing for public participation or notice;

12. A rule providing for a fee, oversight cost, or other Department cost; or

13. Any provision of this chapter.

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