Njdep Rules and Regulations
(Note: N.J.A.C. 7:7-26.1(e) provides that applications declared complete before July 6, 2015 must be reviewed in accordance with coastal regulations in effect before July 6, 2015. The courtesy copy of the Ministry of these rules is published on the website of the Department of Land Use Ordinance: www.nj.gov/dep/landuse/lawsregs.html The descriptions of the rules contained on this website are provided for informational purposes only and do not contain any legal advice or interpretation of the rule described. Previous regulations required the use of non-structural stormwater management strategies to the “extent practicable.” The new rules eliminate this subjective language and instead provide a set of clearly worded, math-based standards for stormwater planning compliance. As regulations under the Environmental Justice Act come into play, it is important to review your facility, future expansion plans, or plans for future development of a facility to determine how the Environmental Justice Act and its regulations may affect you. To discuss the New Jersey Environmental Justice Act and how it impacts you, please contact Parker McCay`s Department of Environment. Contains regulations to control and reduce noise. In short, these new regulations set out the methodology for defining overburdened communities, including environmental and public health stressors. The regulation also sets out additional requirements for licence applications, including renewals, for facilities located in congested communities. The new rules also set out the public participation requirements that all applicants must now meet. Finally, the orders also specify the “compelling public interest” exception to the Environmental Justice Act. As proposed, this exemption would be extremely narrow and only facilities whose purpose addresses a significant environmental, health or safety need of the host community for which no other reasonable location is available would be eligible for the exemption.
This exception is remarkable in that it excludes only the economic factors justifying the authorisation of an installation. During a video conference with industry stakeholders on the 25th. In May 2022, the New Jersey Department of Environmental Protection (NJDEP) announced that it would issue an emergency rule expanding areas of New Jersey subject to flood risk permit requirements. This regulatory measure, which also updates stormwater requirements for new development, is expected to come into force in mid-June and will come into force immediately after its enactment. On January 27, 2020, Governor Murphy issued Executive Order 10, which directed the NJDEP to enact regulations to protect against climate change (“PACT”). These rules are intended to account for greenhouse gas emissions and to integrate climate change considerations into land use permit requirements. Since then, the NJDEP has made changes to air permit requirements and is working on the land use portion of the PACT rules. The full proposed land use rule, which runs to more than 1,000 pages, is expected to be released later this year. When the NJDEP developed the PACT rules, Hurricane Ida hit New Jersey and caused tragic flooding.
The experience of Hurricane Ida has reinforced NJDEP`s determination that current flood risk mapping, including flood insurance rate maps released by the Federal Emergency Management Agency (FEMA), does not accurately reflect current flood risks because they are based on historical events rather than recent events. In addition, the NJDEP found that historical rainfall data is not a sufficient basis for predicting future storms. The NJDEP planned to address these concerns directly in the proposed PACT rule, which will be published this autumn. However, the impact of Hurricane Ida and recently announced plans to use Hurricane Ida recovery funds prompted the NJDEP to issue part of the PACT rule on an emergency basis, rather than wait for the full PACT rule to be formally adopted, which will likely take a year after publication. The NJDEP believes it is important that this rule applies to projects carried out with funds for reconstruction after Hurricane Ida. As described by the NJDEP, the emergency rule will include: Green infrastructure is now a requirement. What do municipalities need to know about New Jersey`s new stormwater regulations? Under the proposed rules, “facilities” subject to the requirements include: The NJDEP has not yet provided the full text of the emergency rule, but here are the highlights mentioned in the conference call. This emergency regulation will have a significant impact.
Large areas of the state that are not currently subject to NJDEP regulations will now be subject to NJDEP regulations. Parties who relied on existing flood hazard maps to assume that a property is not subject to a permit can now determine that a YNDEP permit is required prior to construction. Rainwater basins and similar features now need to be larger. All of these changes should be part of the PACT rule once it is passed. The big difference is that these requirements come into effect immediately. The NJDEP issues this rule in accordance with the emergency provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-4. An emergency rule cannot be in effect for more than 120 days. The Agency is required to formally propose the rule at the same time as the emergency acceptance and to receive comments for at least 30 days.
After considering and responding to the comments, the Agency may formally adopt the proposal, with or without amendments, so that the rule remains in force. The NJDEP recognizes that the emergency rule is an important change that will have far-reaching implications. The NJDEP offered to work with interested parties to fully interpret grandfathering, where applicable, and to recognize that investments were made on the basis of existing rules. However, the reality is that climate change, past developments and increased rainfall have created the need to better protect future projects. Anyone considering development near an existing mapped flood risk area should follow the emergency rule and determine if there are any new regulatory barriers to the property. The following list of rules contains links to “courtesy copies” of PDF documents accessible using compatible software, such as .dem free Adobe reader. For official copies and regulatory history of the rule, see information on how to obtain copies of the ministry`s rules. In the event of any discrepancy between these courtesy copies and the official version, the official version shall prevail. Describes the ministry`s criteria for direct oversight and includes penalties for violations of the corrective rules. In New Jersey, laws are enforced by rules codified in the Administrative Code of New Jersey (the Code) (other states and the federal government generally refer to their rules as “regulations”). The rules used by the Department of Environmental Protection and other environmental protection agencies are codified in Title 7 of the Code. Upcoming rule proposals, hearings, adoptions and other information about rule changes can be found at the appropriate links on the NJDEP Rules and Regulations homepage.
Day Pitney will continue to monitor and provide updates once the EJL rules are finalized, published and come into effect. If you have any questions about the EYA, the development of proposed rules, or ownership issues in general, please contact the authors of this alert or Day Pitney`s Environmental and Land Use Team. The New Jersey Department of Environmental Protection (NJDEP) has released a revised set of stormwater regulations that will impact land use practices in the state. The revisions require the use of decentralized green infrastructure practices and provide for a more objective review process for projects. The new rule changes came into effect on March 2, 2021. SOLID WASTE REGULATIONS N.J.A.C. 7:26 Subchapter 2B. Additional specific disposal requirements for thermal destruction facilities, transfer stations, material recovery plants, co-composting and composting plants The proposed rules require permit applicants for facilities located or intended to be located in a congested community to obtain an Environmental Justice Impact Statement (ISIA), assessment of existing environmental and public health stressors in the community. how the proposed or existing entity will affect these stressors and any measures proposed by the applicant to address these effects.
“Stressors” defined in the proposed rules include: The new rules also include provisions on the implementation of the licensing process and the public participation required under the EJN. Procedurally, following a review of the administrative completeness of the CYIS, the NJDEP will request revisions or allow an applicant to continue the public participation process. During the public participation process proposed in the rules, an applicant will hold a public hearing in the crowded community. The applicant shall make public the public hearing, which shall include information about the applicant, the facility, a summary of the ISIS, how to obtain a copy of the IYS, and the opportunity for the public to comment at least 60 days before the hearing. For stationary sources – permits and certification of NOx, VOC and toxic fuel monitoring facilities, emission compensation requirements, mercury emission control rules, NOx budget programme, waste oil combustion requirements and emission reporting programme.
