Finally, NJDEP has proposed a development friendly, flexible rule which would permit the State to waive strict compliance with certain environmental regulations. Under the proposed rule, NJDEP would consider waiver requests if, for example, the regulation at issue conflicts with another applicable State or Federal rule. The State would also look to advance waiver applications where “strict application” of the rule would be unduly burdensome, or where alternative remedies would achieve the same results but at a “significantly lower cost”. Public emergencies or situations where a waiver would enhance the environment will also trigger consideration for a waiver. Welcome to the 21st century.
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