N.J. Admin. Code § 7:1D-1.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:1D-1.1 - Procedure to petition for a rule

(a) Unless otherwise provided in Title 7 of the New Jersey Administrative Code, this section shall constitute the Department of Environmental Protection's rules regarding the disposition of all requests for rulemaking pursuant to N.J.S.A. 52:14B-4(f).

(b) Any interested person may petition the Department of Environmental Protection to promulgate, amend or repeal any rule of the Department of Environmental Protection. Such petition must be in writing, signed by the petitioner, and must state clearly and concisely:

1. The full name and address of the petitioner;

2. The substance or nature of the rulemaking which is requested. The petitioner may provide the text of the requested proposed rule;

3. The reasons for the request;

4. The petitioner's interest in the request, including any relevant organization affiliation or economic interest;

5. The statutory authority under which the Department of Environmental Protection may take the requested action; and

6. Existing Federal or State statutes and rules which the petitioner believes may be pertinent to the request.

(c) Petitions for the promulgation, amendment or repeal of a rule by the Department of Environmental Protection shall be sent by e-mail to

RulePetitions@dep.nj.gov

or in hard copy addressed to:

Office of Legal Affairs

Attention: Rulemaking Petitions

Department of Environmental Protection

Mail code 401-04L

401 East State Street, 7th Floor

PO Box 402

Trenton, New Jersey 08625-0402

(d) Any document submitted to the Department of Environmental Protection that is not in substantial compliance with this section shall not be deemed to be a petition for rulemaking requiring further agency action.

(e) Upon receipt by the Department of a petition for rulemaking, the following shall occur:

1. The petition shall be dated, stamped and logged;

2. The petition shall be referred to the relevant Department division or other Department office, as appropriate; and

3. A notice of petition shall be prepared and filed within 15 days of receipt with the Office of Administrative Law in accordance with N.J.A.C. 1:30-4.1(c).

(f) In accordance with N.J.A.C. 1:30-4.2(a), within 60 days following receipt of a petition, the Department shall mail to the petitioner and file with the Office of Administrative Law for publication in the New Jersey Register a notice describing the Department's action on the petition in accordance with (g) below.

(g) In accordance with N.J.S.A. 52:14B-4(f) and N.J.A.C. 1:30-4.2(a), the Department shall take one of the following actions on the petition:

1. Deny the petition, in which case the notice of action shall explain the reasons for the denial;

2. Grant the petition and initiate rulemaking within 90 days of granting the petition; or

3. Refer the matter for further deliberations. The Department shall conclude its further deliberations within 90 days of the referral. Upon conclusion of such further deliberations, the Department shall either deny the petition and provide a written statement of its reasons or grant the petition and initiate rulemaking within 90 days of granting the petition. The results of these further deliberations shall be mailed to the petitioner and shall be submitted to the Office of Administrative Law for publication in the New Jersey Register.

(h) In accordance with N.J.A.C. 1:30-4.2(b), a specific period of more than 90 days for further deliberations under (g)3 above and/or to initiate a rulemaking proceeding under (g)2 or 3 above may be agreed upon, in writing, by the petitioner and the Department. An agreement to extend either period or both periods shall constitute an action on the petition for which notice shall be submitted to the Office of Administrative Law for publication in the New Jersey Register.

N.J. Admin. Code § 7:1D-1.1

New Rule, R.1989 d.419, effective 8/7/1989.
See: 21 N.J.R. 102(a), 21 N.J.R. 2302(a).
Notice of Action of Petition for Safe Drinking Water Act regulations.
See: 22 N.J.R. 2364(c).
Amended by R.2000 d.353, effective 8/21/2000.
See: 32 N.J.R. 1892(a), 32 N.J.R. 3090(b).
In (c), changed name and address.
Amended by R.2002 d.355, effective 11/4/2002.
See: 34 N.J.R. 2386(a), 34 N.J.R. 3818(a).
Rewrote (b)2; in (e)3, substituted "accordance" for "compliance" and amended the N.J.A.C. reference; rewrote (f) and (g).
Amended by R.2011 d.210, effective 8/1/2011.
See: 43 N.J.R. 249(a), 43 N.J.R. 1864(a).
In the address in (c), inserted "Mail code 401-04L" and "401 East State Street, 4th Floor"; and added (h).
Administrative changes.
See: 46 N.J.R. 2041(a).