May 4, 2020

New Executive Order 136 Extends Various NJDEP Regulatory Time Periods

New Jersey Executive Order 136 (“EO 136”), issued by Governor Murphy on May 2, 2020, has extended various New Jersey Department of Environmental Protection (“NJDEP”) deadlines applicable to permit completeness and technical review, public comment periods, and certain regulatory registration and reporting requirements, for as long as the Public Health Emergency declared under EO 103 is in effect.

EO 136 tolls the following time periods retroactive to March 9, 2020:

Permit review deadlines – all timeframes governing action on applications for permits and other approvals subject to limited review periods established by law such as permit applications submitted pursuant to the Waterfront Development Act, Wetlands Act of 1970, CAFRA and the Flood Hazard Area Control Act, as well as solid waste utility applications and stream cleaning or clearing applications. No applications will be deemed automatically complete or approved during the Public Health Emergency.

Registration deadline – the deadline for businesses to submit a registration form to NJDEP to engage in soil and fill recycling services pursuant to the “Dirty Dirt Bill” is extended to 60 days after the end of the tolling period.

Municipal and Electronic Recycling Reports – the deadlines for submission of annual municipal recycling tonnage reports and semiannual electronic recycling reports are extended by 60 days past the July 1, 2020 and August 1, 2020 deadlines, respectively.

You can read the full text of EO 136 here: http://state.nj.us/infobank/eo/056murphy/pdf/EO-136.pdf

New Proposed Amendment to Permit Extension Act of 2008:

There is also a bill pending in the State Senate, S-2346, proposing an amendment that would toll the running of all development approvals specified in the law for the duration of the “COVID-19 extension period,” beginning March 9, 2020 and continuing for as long as the Public Health Emergency remains in effect.

If you have any questions regarding the above, please contact Hyland Levin Shapiro partner Robert S. Baranowski, Jr., at 856.355.2955 or baranowski@hylandlevin.com.

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