The DEP's waiver rules are not ultra vires or vague, but are a valid exercise of its implied authority under its legislatively delegated broad powers; the documents on its website are invalid to the extent they exceed the terms of the rules.
N.J. SUPERIOR COURT, APPELLATE DIVISION
In re N.J.A.C. 7:1B-1.1 et seq.
New Jersey Law Journal
March 28, 2013