N.J. Admin. Code § 8:26-1.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:26-1.4 - Waiver

(a) The Commissioner, or his or her designee, may, in accordance with the general purposes and intent of N.J.S.A. 26:1A-7 and 26:4A-4 et seq., waive sections of this chapter if, in his or her opinion, such waiver would not endanger the safety or health of the public.

1. The Department shall not waive any provision of N.J.A.C. 8:26-7.5.

(b) Any owner or operator seeking a waiver of the standards in this chapter shall apply in writing to:

Consumer, Environmental, and Occupational Health Service

New Jersey Department of Health

PO Box 369

Trenton, NJ 08625-0369

(c) The written application for waiver shall include the following:

1. The nature of the waiver requested;

2. The specific standards for which a waiver is requested;

3. The reasons for requesting a waiver, including a statement of the type and degree of hardship that would result if the waiver is not granted;

4. An alternative proposal which would ensure public safety; and

5. Documentation to support the waiver application.

(d) The Department reserves the right to request additional information before processing an application for waiver.

N.J. Admin. Code § 8:26-1.4

Amended by 50 N.J.R. 481(b), effective 1/16/2018