N.J. Admin. Code § 7:1B-2.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1B-2.4 - Rule waiver and limitations

(a) If the Department decides to approve or deny a waiver of strict compliance of any of its rules, it shall document its decision in writing to the person to whom the waiver applies, including:

1. The name and address of the person to whom the waiver applies;

2. The specific location to which the waiver applies;

3. The specific rule provision(s) to which the waiver applies;

4. The basis for its decision on the waiver;

5. The duration, scope, and extent of the waiver;

6. Any conditions on the waiver necessary to maintain, protect, and enhance New Jersey's natural resources and to protect the public health, safety, and welfare, and the environment, including, but not limited to:

i. Monitoring of the environmental impacts of the project or activity approved as part of the waiver;

ii. Reporting of any environmental impacts of the project or activity approved as part of the waiver; and

iii. Implementation of environmental offsets, if applicable, to ensure that the waiver would result in a net environmental benefit;

7. An explanation, if applicable, that the procedural rules applicable to a permit authorization being issued concerning duration, modification, renewal, revocability, and transfer apply to the waiver;

8. Notice that the Department may revoke the waiver for noncompliance with any condition in the waiver, or for the submission of false or inaccurate information; and

9. Notice that the person to whom the waiver applies shall be subject to enforcement for noncompliance with any condition in the waiver.

(b) The Department's waiver of the strict compliance with one of its rules shall:

1. Be considered a waiver only of the application of the particular rule provision that the Department identifies in its waiver decision issued under (a) above;

2. Not constitute a waiver of the rule generally or any other provision of any other rule not specified in the waiver;

3. Not constitute an approval of any other project or activity, whether at the location that is the subject of the waiver or another location;

4. Be valid only as to the person identified in the waiver or the particular project or activity, or location that is the subject of the waiver, except as the applicable program-specific rules provide;

5. Not be automatically renewable, except as the waiver or applicable program-specific rules provide;

6. Not constitute a defense to a judicial or administrative enforcement action for a violation that predates the waiver; and

7. Not justify or otherwise excuse prior violations, but may be used to resolve contested cases or other disputes.

N.J. Admin. Code § 7:1B-2.4