The DEP has now adopted a rule that offers applicants the opportunity to avoid absurd results due to conflicting rules and overly restrictive requirements. Sound projects that are have stymied by current rules now have a path that can lead to approvals. The long-awaited waiver rule can be accessed by clicking here.
The rule allows for DEP to waive its own rules under the following circumstances:
- Formally declared Public Emergencies.
- Conflicting Rules.
- A Net Environmental Benefit would be achieved.
- An Undue Hardship is created by the rule(s).