On April 2, the New Jersey Department of Environmental Protection (DEP) adopted the “waiver rules,” N.J.A.C. 7:1B. Few regulatory initiatives have been met with greater controversy. A coalition of environmental groups immediately challenged the rules in the Appellate Division. The Legislature has also initiated the rule-invalidation process using its constitutional oversight authority. As evidenced by their comments to the rule proposal, many in the regulated community strongly support the injection of a “common sense approach” into DEP’s regulatory programs.
The proposal of the waiver rules was, in part, an outgrowth of Gov. Christie’s Executive Order No. 2, which directed state agencies to follow a “common sense approach to the administration of regulations.” The rules allow DEP to waive compliance with specific regulations under limited circumstances if certain criteria are met. No applications will be accepted by DEP until the Aug. 1 operative date. Applications will be reviewed on a case-by-case basis. There are no timeframes for DEP’s reviews.
