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State of New Jersey Department of Environmental Protection-DEP's Waiver Rule
State of New Jersey Department of Environmental Protection
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Under the Waiver Rule, the Department shall not waive:

  1. A requirement of, or duty imposed by, a Federal or State statute or Federal regulation, unless that statute or regulation provides for such a waiver;

  2. A rule providing for a Federally delegated, authorized, or assumed program where the waiver would not be consistent with New Jersey's delegation, authorization, or assumption of authority pursuant to a Federal program (see additional information);

  3. A rule that implements a federally enforceable program pursuant to a State
    Implementation Plan (SIP), as defined at N.J.A.C. 7:27-18.1;

  4. A rule that is part of a collaborative program where the waiver would not be
    consistent with New Jersey's participation in the multi-state or multi-jurisdiction
    program;

  5. A rule concerning the air emissions trading program;

  6. A rule providing for a numeric or narrative standard
    protective of human health;

  7. A rule concerning the designation of rare, threatened, or endangered status
    of any species of flora or fauna, or habitat for such species;

  8. A rule providing for a remediation funding source, claim or other reimbursement,
    grant, loan, or other financial assistance;

  9. A rule providing for a license, certification, or registration for a vehicle, boat,
    individual, or business;

  10. A rule providing for a license or approval for hunting, fishing, or trapping;

  11. A rule providing for public participation or notice;

  12. A rule providing for a fee, oversight cost, or other Department costs; and

  13. Any provision of the Waiver Rule.

 

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Last Updated: July 31, 2012