New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1B - WAIVER OF DEPARTMENT RULES
Subchapter 2 - WAIVER
Section 7:1B-2.2 - Waiver evaluation criteria
Universal Citation: NJ Admin Code 7:1B-2.2
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Department shall consider the extent to which the following criteria support a waiver of the strict compliance with a rule in accordance with this chapter:
1. The public has had sufficient notice of
the waiver in accordance with applicable rules;
2. The Department has been provided with
information and data sufficient to support a waiver;
3. There are circumstances that support the
need for a waiver;
4. The person
seeking the waiver may have directly caused or contributed to the circumstances
that resulted in the rule being unduly burdensome;
5. There is a net environmental benefit,
including the consideration, when appropriate, of the impact of the waiver on
the remediation and redevelopment of a contaminated site, or on the expansion
of an existing development;
6. The
waiver would be consistent with the Department's core missions to maintain,
protect, and enhance New Jersey's natural resources and to protect public
health, safety, and welfare, and the environment; and
7. The waiver would result in a reasonable
and effective response to a public emergency.
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