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May 2020

NJ Governor's Executive Order 136 Tolls Timeframes for DEP Review & Extends Filing Deadlines

Last updated May 4, 2020

On May 2, 2020 Governor Murphy signed Executive Order No. 136 tolling several timeframes administered by DEP, as well as extending certain filing deadlines.

Beginning on March 9, 2020, all timeframes governing public notice, review, or final action on applications for, or renewals of permits, registrations, plans, petitions, licenses, rates, and other approvals under the following statutes administered by DEP are tolled beginning on March 9, 2020:

  • N.J.S.A. 13:1D-32 (Construction Permits),

  • N.J.S.A. 13:19-8 (Coastal Area Facility Review Act Permits),

  • N.J.S.A. 48:3-7 (Utility Property Transactions), and

  • N.J.S.A. 58:16A-67 (Stream Cleaning Permit).

The timeframes are tolled by each day during the Public Health Emergency declared by Executive Order No. 103 (2020), and no request submitted pursuant to any of these statutes shall be deemed complete or approved for failure to act within the timeframes prescribed by the four statutory provisions listed above.

For what is commonly referred to as the “Dirty Dirt Law”, timeframes are extended by the number of days of the Public Health Emergency declared in Executive Order No. 103 (2020) plus an additional 60 days for:

  • businesses to submit a registration form to DEP to engage in soil and fill recycling services pursuant to N.J.S.A. 13:1E-127.1;

  • DEP to review and issue such registration;

  • the deadline after which a business may not engage in soil and fill recycling services without a valid registration; and,

  • a registrant to submit an administratively complete license application to the Attorney General.

The deadline for the governing body of each municipality to submit its yearly recycling tonnage report to DEP by July 1, 2020, under N.J.S.A. 13:1E-99.16.e (Municipal Recycling System), is extended by 60 days.

The deadline for recyclers, manufacturers, collection locations and local government units who collect electronic devices to submit their semiannual report to DEP by August 1, 2020, as required by N.J.S.A. 13:1E-99.105c, is extended by 60 days.

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This publication contains general information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.

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