NJ State Senate Majority Leader Barbara Buono is trying to stop a dangerous proposed rules change, known as the “DEP Waiver Rule,” which could weaken environmental protections. The proposal would allow the state Dept. of Environmental Protection to waive its own rules under certain vaguely defined circumstances, such as if a rule is considered “unduly burdensome.”

TSTC’s main concerns if this Rule is sucessfully adopted are:

• It could lead to road construction in environmentally sensitive and protected areas with little to no consideration of DEP regulations.
• It undermines the purpose of the DEP as an agency whose sole mission is to protect the state’s environment for current and future generations.
• The proposal could also be illegal, as it provides a broad grant of authority to the DEP that neither the Governor nor the agency arguably possess.

In an effort to stop this rule, Sen. Buono (D-Middlesex) introduced a resolution on August 25 declaring the proposed DEP Waiver Rule inconsistent with legislative intent. According to Senator Buono, “[t]he waiver rule goes above and beyond the DEP’s core mission and runs counter to the intent of the Legislature.  Furthermore it is ripe with the potential for abuse and takes unnecessary risks when it comes to protecting the environment and the citizens of New Jersey.”

If Senator Buono’s resolution is passed, the agency would have 30 days to amend or withdraw the rule. Failure to do so would pave the way for the Legislature to move forward with the process of invalidating the rule. However, Senator Buono has reported to the media that her resolution probably won’t be voted on by the full Senate until after the November elections.  This is problematic as DEP Commissioner Bob Martin’s signature is expected any day now.

Senator Buono is hoping to pressure her colleages to fast-track her resolution by posting an online petition with over 11,000 signatures so far. Click the link to add your signature to stop this dangerous rule.