Current Rules and Regulations
New Jersey Environmental Rules
In New Jersey, statutes are implemented through rules that are codified in the New Jersey Administrative Code (the Code) (other states and the Federal government generally refer to their rules as “regulations”). The rules that are utilized by the Department of Environmental Protection and other environmental agencies are codified at Title 7 of the Code. Upcoming rule proposals, hearings, adoptions, and other information concerning amendments to the rules can be found by following the appropriate links on the NJDEP Rules & Regulations home page.
The following list of rules contains links to “courtesy copies” of the documents, in PDF format, that can be accessed using a free reader available from Adobe. To get official copies and the regulatory history of the rule, check the information about how to get copies of the Department’s rules. The statute(s) that a particular rule implements are listed under “Authority” on the front page of each rule. The New Jersey Department of State website offers New Jersey Statutes online. Select the link for NJ Statutes Annotated (NJSA) on the Department of State’s website and use the site’s lookup options.
To search for a term on this page, use the <ctrl> F function on your keyboard or the Edit/Find command on your browser.
The descriptions of the rules contained on this webpage are for informational purposes only and do not contain any legal opinion or interpretation of the rule that is being described.
N.J.A.C | Rule Name | Key Topics | Brief Description of Purpose and Scope of the Rule | Name of Program Responsible for Rule |
Department Organization |
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Describes organization of the Department.
Includes addresses for obtaining information from the Department and for filing subpoenas and record requests under OPRA. Explains effect of Department Commissioner’s delegating authority. |
Legal Affairs | |
7:1A
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Water Supply Loan Programs |
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Governs the granting of loans by the Department from the 1981 Water Supply Bond Fund for qualified water supply projects, water supply projects, including the repair or rehabilitation and the interconnection of publicly owned water supply systems, and construction of water supply facilities or water systems to address ground water contamination problems. Outlines application requirements for prospective loan recipients. |
Water Supply |
Environmental Justice |
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Establishes the rules applicable to certain Department permit applications for facilities located in overburdened communities. Requires the preparation of an Environmental Justice Impact Statement detailing environmental and public health stressors, meaningful public engagement with overburdened communities and permit conditions to address disproportionate impacts to overburdened communities. | Office of Permitting and Project Navigation | |
General Practice and Procedure |
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Sets forth the procedures to petition for a rule, the rules regarding debarment, suspension and disqualification from Department contracting, rules related to non-public records, and rules regarding extension of comment period and public hearings on proposals and quarterly rulemaking calendar | Legal Affairs | |
Discharges of Petroleum and Other Hazardous Substances |
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Covers the discharge of hazardous substances, including procedures to be followed in the event of a hazardous substance discharge.
Contains registration, reporting, design and maintenance requirements for owners and operators of major facilities and transmission pipelines that handle hazardous substances Contains list of hazardous substances at Appendix A. |
Release Prevention | |
Underground Storage Caverns |
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Establishes rules for the construction, operation, modification, and decommissioning of underground storage caverns.
Sets forth permitting requirements and procedures. Includes fee and financial responsibility requirements and procedure for confidentiality claims. |
Release Prevention | |
Worker and Community Right to Know Regulations |
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Sets forth the requirements for use by industries in collecting and reporting chemical inventory, environmental release and materials accounting data. This information is used by the public, emergency planners, and first responders to determine the chemical hazards in the community. | Community Right to Know | |
County Environmental Health Standards of Administrative Procedure and Performance |
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Sets forth standards for the administration of environmental health programs by county health departments and certified municipal or regional health agencies.
Establishes environmental health performance standards for the control of air pollution, solid waste, noise, and water pollution. |
Compliance and Enforcement | |
Processing of Damage Claims Pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act |
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Governs processing of claims for damages proximately resulting from the improper operation or improper closure of a sanitary landfill facility. | Waste Management | |
Processing of Damage Claims Pursuant to the Spill Compensation and Control Act |
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Governs processing of all claims for damages resulting from the discharge of a hazardous substance or threatened discharge of a hazardous substance. | Site Remediation | |
Pollution Prevention Program Rules |
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Planning for the reduction of the use and release of hazardous substances and the generation of hazardous substances as non-product output by industrial facilities.
Guidelines and procedures to be followed in pollution prevention planning, and the issuance of facility-wide permits to certain priority industrial facilities. |
Pollution Prevention | |
Payment Schedule for Permit Application Fees |
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Covers how to make installment payments for permit application fees greater than $1,000. | Legal Affairs | |
State Park Service Code |
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Governs the use of all State parks, forests, recreation areas, historic sites, natural areas, marinas, golf courses, botanical gardens, and other lands, waters and facilities under the jurisdiction of the Department and assigned to the State Park Service. | Parks and Forestry | |
Forestry |
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Sets procedures for obtaining seedlings from the State Forest Nursery.
Governs the Department’s maintenance of an approved forester list in support of Farmland Assessment Act implementation. Sets standards for Forest Stewardship Plans and for Plan compliance with a Plan. Establishes Advisory Committee membership, function, and authorities |
Parks and Forestry | |
The New Jersey Register of Historic Places Rules |
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Concerns the preservation of the State’s historic, architectural, archaeological, engineering and cultural heritage. | Historic Preservation | |
Conserve Wildlife Matching Grants Program |
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Procedures to be followed by non-profit organizations in applying for Conserve Wildlife matching grants and for the awarding of those grants. | Fish and Wildlife | |
Natural Areas and the Natural Areas System |
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Concerns the accepted use of natural areas by the public.
Contains a list of natural areas in the Natural Areas System |
Natural Lands Management | |
Endangered Plant Species Program |
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Procedures for developing and adopting a State endangered plant species list.
Contains the official Endangered Plant Species List. |
Natural Lands Management | |
State Trails System |
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Establishes the standards, procedures and practices for designating and maintaining trails as a part of the State Trails System. | Green Acres | |
7:6
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Office of Environmental Services Matching Grants Program for Local Environmental Agencies | Chapter expired May 15, 2013 | ||
7:6A
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Aid for Urban Environmental Concerns Matching Grants Program for Environmental Agencies | Chapter expired May 15, 2013 | ||
Coastal Zone Management Rules |
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Establishes the rules for the use and development of coastal resources within New Jersey’s coastal zone. Sets forth the application procedures and standards for the review of coastal permit applications under CAFRA, the Wetlands Act of 1970, and Waterfront Development Law. Standards for reviewing Federal Consistency Determinations under the Federal Coastal Zone Management Act and Water Quality Certificates in coastal areas under Section 401 of the Federal Clean Water Act.
(Note: N.J.A.C. 7:7-26.1(e) provides that applications that were declared complete for review prior to July 6, 2015, are to be reviewed under the coastal rules in effect prior to July 6, 2015. The Department’s courtesy copy of those rules is posted on the Division of Land Use Regulation’s webpage at: www.nj.gov/dep/landuse/lawsregs.html |
Land Use Regulation | |
Freshwater Wetlands Protection Act Rules |
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Describes the activities may and may not be conducted in and adjacent to freshwater wetlands and State open waters.
Tells how to apply for a permit to conduct activities in wetlands, State open waters and transition areas. |
Land Use Regulation | |
Stormwater Management |
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Contains general requirements for stormwater management plans and stormwater control ordinances.
Provides the content requirements and procedures for the adoption and implementation of regional stormwater management plans and municipal stormwater management plans. Establishes design and performance standards for stormwater management measures and establishes safety standards for stormwater management basins. |
Water Quality | |
Standards for Individual Subsurface Sewage Disposal Systems |
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Provides the standards for the proper location, design, construction, installation, alteration, repair and operation of individual subsurface sewage disposal systems | Water Quality | |
Surface Water Quality Standards |
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Protects surface water resources.
Contains stream classifications, water designated uses, water quality criteria to protect uses, antidegradation policies and procedures for implementing water quality standards. |
Water Monitoring, Standards and Pesticide Control | |
Ground Water Quality Standards |
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Specifies ground water classification, designated uses and ground water quality criteria.
Includes procedures for developing criteria, and implementing ground water quality standards. Contains table of groundwater quality criteria for various substances and chemicals. |
Water Monitoring, Standards and Pesticide Control | |
Well Construction and Maintenance; Sealing of Abandoned Wells |
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Requirements for the construction and decommissioning (sealing) of wells.
Well driller and pump installer licensing requirements. Describes composition and duties of State Well Drillers and Pump Installers Examining and Advisory Board. |
Water Supply | |
Private Well Testing Act Rules |
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Governs the testing, reporting, notification, and confidentiality requirements applicable to potable wells at the time a property is transferred by a contract of sale or lease. | Water Supply | |
Safe Drinking Water Act |
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Governs the construction and operation of water systems; establishes drinking water standards to ensure for the provision of a safe and adequate water supply for consumption by the public.
Establishes standards for construction and procedures for certifications of water supply systems under the Reality Improvement, Sewerage and Facilities Act, N.J.S.A. 58:11-23. |
Water Supply | |
Licensing of Water Supply and Wastewater Treatment System Operators |
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Licensing requirements (including testing) for an operator of wastewater treatment systems, wastewater collection systems, and public water systems. | Water Quality | |
7:11
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New Jersey Water Supply Authority |
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Rules of the New Jersey Water Supply Authority governing the use of the Raritan Basin System, Manasquan Reservoir System, and all other State operated or owned water supply facilities under the jurisdiction of the Authority | New Jersey Water Supply Authority |
Shellfish Growing Water Classification |
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Governs classification of shellfish growing waters as prohibited or approved for harvest based on Federal sanitary control standards.
Establishes special permits for harvesting from restricted waters for the purpose of transplanting or depuration. |
Water Monitoring, Standards and Pesticide Control | |
Flood Hazard Area Control |
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Permitting standards and procedures for projects to be conducted in flood plains in order to minimize or avoid flood damage. Includes construction standards, standards for protection of near-stream vegetation, and methods of determining flood hazard area along waterways.
Contains lists of waterways for which Department has delineated the flood hazard area. |
Land Use Regulation | |
Water Pollution Control Act |
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Contains requirements for the construction of wastewater treatment facilities.
Establishes penalties for violations of the Water Pollution Control Act, including mandatory penalties under the Clean Water Enforcement Act. |
Water Quality | |
Pollutant Discharge Elimination System |
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Regulates the discharge of pollutants to the surface and ground waters of the State.
Describes how to obtain a New Jersey Pollutant Discharge Elimination System permit. Describes how to obtain a Treatment Works Approval. |
Water Quality | |
Underground Storage Tanks |
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Requirements for underground storage tank registration, construction, operation, and closure.
Procedures for remediating a discharge from an underground storage tank. Requirements for the Department’s certification program for individuals and business firms who seek Department certification to work on underground storage tank systems. |
Site Remediation | |
Sludge Quality Assurance |
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Rules for sludge quality assurance reporting required of all domestic and industrial treatment works which generate sludge in the State or which transport sludge into the State for use or disposal. | Water Quality | |
Determination of Environmental Benefit of the Reuse of Further Treated Effluent in Industrial Facilities |
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Application requirements and review process for the determination of environmental benefit (DEB). An applicant who receives a DEB can file with the Division of Taxation a claim for a corporate business tax credit and/or sales tax refund for qualifying equipment. | Water Quality | |
Water Quality Management Planning |
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Prescribes water quality management polices and procedures concerning water quality management planning, including Statewide, areawide, and county water quality management plans (WQMPs) and wastewater management plans (WMPs).
Provides review process and procedures for WQMP consistency determinations, revisions and amendments including WMPs. Describes process used to identify water quality limited segments. Sets forth two general approaches for development of total maximum daily loads. Establishes policies and procedures for the award of grant funds to watershed management groups. |
Water Quality Management Planning | |
Regulations Governing the Certification of Laboratories and Environmental Measurements |
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Contains quality assurance standards and procedures for certification of laboratories that perform environmental analyses to meet standards under various DEP regulatory programs, including drinking water, wastewater, solid/hazardous waste, sludge, and air. Includes criteria and methods for sample collection as well as handling, preserving, and analyzing regulatory samples. | Quality Assurance | |
Water Supply Allocation Permits |
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Governs the granting of privileges to divert water, the management of water quality and quantity and the response to water supply shortages, drought and other water emergencies. | Water Supply | |
Dam Safety Standards |
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Governs the design, construction, inspection, operation, maintenance, modifications and repair of dams in New Jersey which raise the water height of a stream by more than five feet. | Dam Safety | |
Agricultural, Aquacultural, and Horticultural Water Usage Certification |
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Governs the granting of privileges to divert water by farmers and for other qualified agricultural, horticultural and aquacultural purposes. | Water Supply | |
Financial Assistance Programs for Environmental Infrastructure Facilities |
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Rules governing the administration of financial assistance programs for a wide variety of water supply, wastewater, storm water and non-point source management projects.
Rules regarding State matching grants that were formerly provided to public entities receiving Federal Construction Grants. Rules that apply to the Environmental Infrastructure Financing Program that is jointly administered by the Department and the New Jersey Environmental Infrastructure Trust (Trust). Pinelands Infrastructure Trust Financing Program rules – a combined grant/loan program. Minimum standards of conduct for program participants. |
Water Quality | |
Sewage Infrastructure Improvement Act Grants | Chapter expired April 21, 2013 | |||
Administration of Lake Restoration Projects |
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Establishes policies and procedures for eligibility and distribution of grants and loans to government agencies and private lake associations for lake restoration projects. | Engineering and Construction | |
Dam Restoration and Inland Waters Projects Loan Program |
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Subject to the availability of funds, establishes policies and procedures for eligibility and distribution of grants and loans to government agencies, private lake associations and owners of private dams for dam restoration and inland waters projects. | Dam Safety | |
Division of Fish and Wildlife Rules |
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Governs the management and harvest of fish and wildlife within the State. | Fish and Wildlife | |
Oysters |
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Creates the oyster management, direct market harvest, and oyster transplant programs including the required licenses, quotas, recordkeeping, season dates, fees, and penalties | Shellfisheries | |
Solid Waste |
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Establishes standards and requirements for the management of solid waste (including regulated medical waste).
Registration, operation, maintenance and closure of solid waste facilities. Registration, operation and maintenance of solid waste transport vehicles. Permit and other fees charged by the Department. |
Waste Management | |
Recycling Rules |
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Governs the operation of recycling centers. | Waste Management | |
Industrial Site Recovery Act Rules |
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The rules implement the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 et seq, and describe liability for ISRA compliance.
Contains the notification and remediation requirements for the owner or operator of an industrial establishment planning to close operations or transfer ownership or operations of an industrial establishment. Before closing operations or transferring ownership or operations (selling) an industrial establishment, an owner or operator of an industrial establishment must obtain from an LSRP a response action outcome (RAO) or a certified remedial action workplan (RAW) for the industrial establishment, execute a Remediation Agreement with the Department or submit a remediation certification to the Department, or receive an authorization letter from the Department. |
Site Remediation | |
Administrative Requirements for the Remediation of Contaminated Sites |
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Contains criteria concerning whether and when remediation must be conducted under the supervision of an LSRP.
Establishes timeframes by which certain phases of remediation must be completed. Requires payment of annual remediation and other fees and establishment of funding sources. Contains rules concerning permits, including institutional and engineering controls, for the remedial action phase of remediation and model deed notice. Describes final remediation documents, including model response action outcome. Describes direct Department oversight criteria and contains penalties for violations of remediation rules. Governs linear construction projects. Includes ground water remediation standards (see also N.J.A.C. 7:9C) and surface water remediation standards (see also N.J.A.C. 7:9B). |
Site Remediation | |
Remediation Standards |
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The Remediation Standards rules implement the provisions of the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-12, by establishing minimum standards for the remediation of various media and exposure pathways.
Contains separate residential and nonresidential soil remediation standards for the ingestion-dermal and the inhalation exposure pathways, soil and soil leachate remediation standards for the migration to ground water exposure pathway, and indoor air remediation standards for the vapor intrusion pathway. Includes ground water remediation standards (see also N.J.A.C. 7:9C) and surface water remediation standards (see also N.J.A.C. 7:9B). |
Site Remediation | |
Technical Requirements for Site Remediation |
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The Technical Requirements work in tandem with the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C.
Sets forth the Department’s minimum technical requirements for investigating and remediating sites that are contaminated or at which contamination is suspected. |
Site Remediation | |
Heating Oil Tank System Remediation Rules |
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Requirements and procedures for remediating a discharge from a heating oil tank system.
As used in the rule, “heating oil tank systems” are residential above ground heating oil tank systems; small, non-residential above ground heating oil tank systems; and “unregulated” heating oil tank systems, which are underground storage tank systems. |
Site Remediation | |
Hazardous Waste |
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Concerns the registration, operation, closure and post-closure maintenance of hazardous waste facilities. | Waste Management | |
Solid Waste Utility Regulations |
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Establishes the standards and requirements for utilities that collect and/or dispose of solid waste.
Concerns transactional findings, solid waste tariffs, solid waste collection effective competition monitoring, uniform bid specifications for municipal waste collection, and host community benefits. |
Compliance and Enforcement | |
Regulations of the New Jersey Site Remediation Professional Licensing Board |
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The Regulations of the New Jersey Site Remediation Professional Licensing Board govern the licensing and performance of Licensed Site Remediation Professionals in New Jersey. | New Jersey Site Remediation Professional Licensing Board | |
Air Pollution Control |
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Concerns the protection and improvement of air quality.
Control and prohibition of air pollution from area, stationary and mobile sources. For mobile sources – inspection and maintenance programs for gasoline-fueled and diesel-powered motor vehicles, the Low Emission Vehicle (LEV) program, fuel requirements, and requirements for new heavy-duty diesel engines. For stationary sources – permitting and certification of facilities to control NOx, VOC and toxics, emission offset requirements, rules for the control of mercury emissions, the NOx budget program, requirements regarding the combustion of used oil, and the emissions statements program. Controls emissions from architectural coatings, consumer products, and portable fuel containers. |
Air Quality | |
Air Administrative Procedures and Penalties |
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Sets forth the penalties the Department may impose for violations of the Air Pollution Control rules.
Establishes the procedures for requesting an adjudicatory hearing regarding the imposition of these penalties. |
Air Compliance and Enforcement | |
Sampling and Analytical Procedures |
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These five test procedures are used to test stacks, determine opacity, determine VOC emissions from sources and test the emissions of motor vehicles in the gasoline and diesel inspection and maintenance programs. | Air Quality | |
CO2 Budget Trading Program |
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Rules to require the participation of New Jersey CO2 budget sources in the Regional Greenhouse Gas Initiative. | Air Quality, Energy and Sustainability | |
Global Warming Solutions Fund |
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Rules to establish the framework, including the guidelines and the priority ranking system, that the EDA, the BPU, and the Department will use to select eligible programs and projects to receive funding from the GWSF. Additionally, specifies the criteria for new, efficient electric generation facilities to be considered state of the art for purposes of the GWSF. | Air Quality, Energy and Sustainability | |
Greenhouse gas monitoring and reporting |
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Establishes annual registration and reporting requirements for refrigeration systems and gas public utilities to provide the Department with information on short-lived climate pollutants, which include methane and hydrofluorocarbons. | Climate, Clean Energy, and Radiation Protection | |
Control and Prohibition of Carbon Dioxide Emissions |
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Control and Prohibition of Carbon dioxide emission | Air Quality | |
Radiation Protection Programs |
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Rules to prohibit and prevent the use or presence of unnecessary radiation. | Radiological Health | |
Noise Control |
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Sets forth regulations relating to the control and abatement of noise.
Acceptable noise levels for industrial, |
Local Environmental Management | |
Pesticide Control Code |
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Governs the manufacturing, labeling, registration and classification of pesticides.
Registration requirements for pesticide dealers and pesticide dealer businesses. Registration requirements for applicators of pesticides. Concerns the distribution, use, application, storage, handling, transportation and disposal of pesticides in the State. Agricultural worker protection rules. |
Pesticide Compliance | |
Toxic Catastrophe Prevention Act Program |
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Regulates facilities handling extraordinarily hazardous substances (EHS) at or above certain specified threshold quantities to ensure risks to public safety from catastrophic accidental releases are minimized by the implementation of risk management programs. | Release Prevention | |
Real Property Taxation |
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Describes the eligibility requirements and application procedures for nonprofit organizations seeking a property tax exemption that requires certification by the Department. | Green Acres | |
Green Acres Program |
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Criteria under which Green Acres will award funding to counties, municipalities, and nonprofit organizations for the acquisition and development of land for outdoor recreation and conservation purposes.
Procedures and standards for the disposal, or diversion to a use other than recreation and conservation, of those lands acquired with Green Acres assistance or otherwise encumbered with Green Acres restrictions. |
Green Acres | |
Highlands Water Protection and Planning Act Rules |
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Describes obtaining a determination regarding whether or not an activity in the Preservation Area is regulated and/or exempt (Highlands Applicability Determination).
Describes obtaining a permit (Highlands Preservation Area Approval) for a major Highlands development (regulated activity) in the Preservation Area. Describes obtaining an approval to conduct a regulated activity if the activity involves health and safety, redevelopment, a claim of taking without just compensation, or 100% affordable housing (Highlands preservation area approval with waiver). Describes obtaining a determination regarding the Highlands resources present on a specific site (Highlands resource area determination). |
Land Use Regulation | |
7:45
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Delaware and Raritan Canal State Park Review Zone |
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Describes application process for an approval from the D&R Canal Commission to do any project in the D&R Canal State Park.
Governs regulated activities associated with, in or adjacent to the D&R Canal. |
Delaware and Raritan Canal Commission |
7:50
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Pinelands Comprehensive Management Plan |
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Pinelands Commission’s rules for applying for approval to do any project in the Pinelands | Pinelands Commission |
Landscape Irrigation Contractors |
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Tells how to apply to become a certified landscape irrigation contractor | Landscape Irrigation Contractors Examining Board |