Articles

Do NJDEP Amendments to the Grace Period Rules Provide a Grace Period to Submit a Biennial Certification that Institutional and/or Engineering Controls Remain Protective of the Public Heath and Safety and of the Environment?

Recently, NJDEP adopted amendments to the Oversight Rules, to set forth penalties for violations of certain NJ environmental regulations (e.g. the Underground Storage Tank Rules, the Industrial Site Recovery Act Rules, the Oversight Rules, and the Technical Requirements for Site Remediation Rules), and to categorize said violations as either minor or non-minor for the purpose of providing grace periods to come into compliance (commonly known as the Grace Period Rules). Under these new Grace Period Rules, the failure to file a biennial certification is considered to be a non-minor violation, and thus is not subject to any of the prescribed grace periods.

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