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April 27, 2011

Re:  Proposed New Rule for Waiver of DEP Regulations

Dear Mayor:

The League of Municipalities has recently submitted comments in support of a proposed new rule for the DEP, N.J.A.C. 7:1B.

This new rule would allow for waivers from strict compliance with Department of Environmental Protection rules when a rule is in conflict with another rule, where the rule is unduly burdensome, and a net environmental benefit would result, or a public emergency exists.

In discussions with local elected officials and policy makers, we are constantly reminded that strict compliance with rules and regulations is often expensive and counterproductive.  Governor Christie and Lieutenant Governor Guadagno, through their review of red tape and burdensome regulations, have made clear that they understand this problem and are working to solve it.

The League supports this new rule because it is a step in the right direction.  A process for waivers allows towns to make a case for relief in the face of problematic rules.  We believe that this will save time and money for municipalities, two of their most precious commodities.

If you wish to comment on the rule individually, comments are due by May 6, 2011.  You can find more information about the rule and how to submit comments at

Please do not hesitate to contact our staff attorney, Matthew Weng, if you have any questions or require further information.  You can reach Matthew at 609-695-3481 ext. 137 or at

Very truly yours,


William G. Dressel, Jr.
Executive Director



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