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NJDEP Taking Steps to Comply with Fast Track Compliance Law

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In response, NJDEP has drafted a series of discussion documents designating "minor" and "non-minor" violations under the applicable environmental laws. The statute provides that a violation must be deemed minor if it is 1) not influential; 2) poses minimal risk; 3) has existed for less than one year prior to the NJDEP's discovery; 4) is not a repeat offense; 5) can be corrected within a time frame presented by the NJDEP and 6) does not undermine the regulatory program. The Department currently is in the process of deciding whether to initiate the formal rule-making process by publishing proposed regulations in the New Jersey Register with a strictly-imposed deadline for comments or to issue pre-proposed regulations and solicit additional informal comments within a less stringent time frame. As NJDEP's rule-making progresses on this subject, we will advise as to the pertinent comment period.

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