April 23, 2020
The New Jersey Department of Environmental Protection (NJDEP) issued a
compliance alert
on April 21 recognizing that the unique circumstances of the COVID-19 pandemic and resulting restrictions may limit some regulated entities. As explained in the alert, some entities may experience workforce constraints or logistical challenges due to COVID-19, including supply chain or procurement disruptions that may be beyond any one entity’s control. In some of these circumstances, regulatory flexibility may be necessary to enable a continuity of operations while also ensuring compliance continues in a manner that protects public health, safety, and the environment. NJDEP may exercise discretion on a situational basis where it determines that an alternative, case-specific compliance pathway will maintain protections for public health, safety and the environment.
As further explained in the alert, NJDEP will continue to publish guidance and make enforcement staff available to provide compliance assistance. NJDEP will also continue to respond to incidents that may pose a threat to public health, safety, or the environment during this Public Health Emergency. Any regulatory flexibility afforded by the NJDEP will be of limited duration, intended solely to address circumstances created by or directly related to the COVID-19 pandemic, and narrowly tailored to ensure the continued protection of public health, safety and the environment.
The NJDEP is conducting a continuing assessment of each of its programs to determine where temporary regulatory adjustments may be necessary and will continue to maintain an open line of communication with all regulated entities that may face limitations created by or directly related to the COVID-19 pandemic to ensure issues are identified and expeditiously resolved in a manner that protects public health, safety and the environment. Unless specifically approved or directed by the NJDEP in writing, regulated entities shall continue to act in accordance with all statutory, regulatory and permit requirements.
All regulated entities and individuals must make every effort to comply with all applicable statutory, regulatory, and permit obligations. Where compliance is at risk due to circumstances created by or directly related to the COVID- 19 pandemic, you must contact the NJDEP immediately as indicated below. The NJDEP will notify the appropriate municipal or county authority of any acute threat and the actions taken in response to the non-compliance will be considered public information. All regulated entities and individuals are also required to continue to notify the NJDEP Hotline when operational status requires such notification pursuant to statute, regulation, permit or approval.
Compliance & Enforcement Requirements
A. In the event that non-compliance cannot be avoided due to the Public Health Emergency created by COVID-19, notification is required within two (2) business days of discovery through the NJDEP Hotline at 1-877- WARN DEP (1-877-927-6337), unless shorter time frames are required by statute, regulation or permit.
B. Where compliance can be reestablished within seven (7) days, following disclosure to the NJDEP Hotline, entities must contact both
covid19help@dep.nj.gov
and their program specific regional enforcement office, in writing, within fourteen (14) days of notification and provide the following:
- Date of non-compliance discovery and duration of non-compliance;
- A description of the decisions and corrective actions taken to regain compliance;
- A description of how the cause of non-compliance was created by or is directly related to the COVID-19 pandemic.
C. Where compliance cannot be achieved within seven (7) days, entities are to contact both
covid19help@dep.nj.gov
and their program specific regional enforcement office immediately after disclosure to the NJDEP Hotline to develop appropriate methods to achieve compliance as quickly as possible, which shall be detailed in a compliance plan to be approved by the NJDEP in writing.
We will share more details as they become available. Please visit our
COVID-19 Resource Page
for more updates.
Feel free to contact any member of our team at (610) 828-1900 (PA) or (732) 341-3893 (NJ) with questions. Rich Higgins, CPA, managing principal – New Jersey office can be contacted at
Richard.Higgins@MCC-CPAs.com
. I can be reached at
Marty.McCarthy@MCC-CPAs.com
. As always, we are happy to help.
Stay safe,
Marty McCarthy, CPA, CCIFP
Managing Partner
McCarthy & Company
Disclaimer: This alert is for informational purposes only and does not constitute professional advice. Information contained in this communication is not intended or written to be used as tax advice, and cannot be used by the recipient to avoid penalties that may be imposed under the Internal Revenue Code. We strongly advise you to seek professional assistance with respect to your specific issue(s).
