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. 18, September 16, 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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