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Varying from a Rule and Applying Technical Guidance

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The document outlines the New Jersey Department of Environmental Protection's guidelines for varying from regulatory requirements and applying technical guidance in site remediation. It clarifies the distinction between mandatory rules and recommendations, detailing the variance process for technical requirements and emphasizing that non-technical requirements cannot be varied. Additionally, it instructs Licensed Site Remediation Professionals (LSRPs) on how to apply Department technical guidelines and when alternative guidelines may be used, requiring justification for any deviations to ensure public health and environmental protection.

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What are technical rules?

Technical rules are a useful alternative to business rules. They support constructs unavailable in BAL such as loops, and features unavailable in BAL such as explicit IRL mapping. Technical rules are written by using the ILOG Rule Language (IRL).

What are technical regulations?

Technical regulations include: technical specifications; other requirements; rules on services; and. regulations prohibiting the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service, or establishment as a service provider.

What are the national technical rules?

National Technical Rules (NTRs) provide controls in addition to National Technical Specification Notices (NTSNs) to ensure that the essential requirements specified in the Railways (Interoperability) Regulations 2011 (as amended) are met.

What is the difference between a guideline and a regulation?

Regulations are legally binding and require businesses to meet specific obligations. Standards, while voluntary (unless ruled in a Regulation), often serve as benchmarks for achieving industry-recognized quality and performance levels. Guidelines provide recommended practices that businesses can voluntarily adopt.

What is the difference between law and guidance?

Regulations are legally binding rules that have the force of law, while guidance documents provide interpretations, clarifications, and recommendations without the same legal weight.

What are technical standard requirements?

A technical standard is an established norm or requirement in regard to technical systems. It is usually a formal document that establishes uniform engineering or technical criteria, methods, processes and practices. In contrast, a custom, convention, company product, corporate standard, etc.

What are the different types of guidance documents?

For example, guidance documents include memoranda, statements of policy, interpretive rules, staff manuals, circulars, bulletins, advisories, or frequently asked questions that are designed to advise parties outside the federal Executive Branch about legal rights and obligations falling within the Departments

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