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Appellate Division Endorses "Waiver Rule:" DEP Allowed To Waive Regulations In Limited Circumstances

On March 21, 2013, the Appellate Division rejected a challenge to the so-called Waiver Rule ( N.J.A.C. 7:1B-1.1, et seq .) [ enhanced version available to lexis.com subscribers ], which allows the New Jersey Department of Environmental Protection ("DEP") to waive certain environmental regulations...

Can DEQ Waive Its Deadline for VPDES Permit Renewal?

BY: LYNNE C. RHODE, JOHN W. DANIEL II & CHANNING J. MARTIN Regulations of the State Water Control Board require that a party must file a renewal application for a water discharge permit at least 180 days before the permit expires. What happens if you miss the deadline? To begin with, DEQ personnel...

New Jersey Supreme Court Refuses To Hear Challenge To Waiver Rule

by: Peter J. Gallagher The New Jersey Supreme Court has denied a request by a group of challengers to the so-called Waiver Rule ( N .J.A.C. 7:1B-1.1, et seq .) -- which allows the New Jersey Department of Environmental Protection (”DEP”) to waive certain environmental regulations on...