On March 7, the Department of Environmental Protection (DEP) proposed new administrative rules that would enable it, in limited circumstances, to waive strict compliance with any of its rules. 43 N.J.R.473(a); proposed N.J.A.C. 7:1B-1.1 et seq. The proposal came as no surprise. It implements Executive Order No. 2, issued on Jan. 20, 2010, Gov. Chris Christie’s first full day in office. That pronouncement, part of the administration’s initial regulatory reform package, directed all state departments and agencies to adhere to Common Sense principles.
One of those principles was an instruction that procedures be adopted for granting waivers from strict compliance with conflicting or unduly burdensome rules. But any relief that was granted also had to be consistent with the agency’s core missions. See EO No.2, sec. 1.c. For additional discussion of the regulatory reform initiatives, see L. Goldshore, “Nobody Likes Red Tape: Will Report Be Implemented or Ignored?,” 200 N.J.L.J. 431 (May 17, 2010).
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