New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 3 - CLAIMS PROCEDURE › Section 7:1I-3.3 - Contents of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Claims shall be typewritten or written legibly in ink, and shall contain the following information:
1. The name of the claimant;
2. The street address of the claimant;
3. The mailing address of the claimant;
4. The telephone number of the claimant during normal daytime business hours;
5. The name, mailing address, telephone number, and relationship to the claimant of any person designated to receive communications from the Department pursuant to 7:1I-3.6;
6. Whether the claimant is an individual, general partnership, limited partnership, corporation, local government entity, Federal government entity, or state government entity;
7. A statement that the claimant has actually incurred damages, as such term is defined in 7:1I-1.5, that the claimant has not received compensation from any other source for such damages, and that the claimant is not an owner or operator or responsible party in relation to the claim. Such statement need not be specific about the amount or nature of such damages;
8. If the claim is for property value diminution, a statement that the claimant is attempting to sell the subject property. The Department shall deny, without prejudice, a claim for property value diminution which is filed after the effective date of these rules which does not contain this statement. The claimant may again file the claim upon commencing efforts to sell the subject property;
9. In accordance with 7:1I-2.3(f), a statement that the claimant did not know of the existence of the sanitary landfill facility and did not know, nor reasonably could have known, of the potential that property value diminution could result by virtue of purchasing property near the particular sanitary landfill facility in question;
10. If the claim is for property value diminution and is made pursuant to 7:1I-4.8, all documents required by 7:1I-4.8 are to be submitted with the claim, including a statement that the claimant has contracted to sell or has sold the subject property and that the claimant will allow the Department or its agents access to the property if claimant still maintains title to the property. If the property has not been sold, claimant must submit within 30 days of the signing of a binding agreement of sale a copy of the contract of sale to allow adequate time for the Department to schedule an appraisal;
11. A statement that the claimant cannot benefit from a covenant not to sue pursuant to 58:10B-13.1 or 13.2 for the sanitary landfill facility at issue and why;
12. A statement that the damages being claimed are not the proximate result of additional remediation to remove an institutional control at the sanitary landfill facility;
13. In accordance with 7:1I-2.6(f)3, a statement that the claimant is the current owner of the sanitary landfill facility who acquired the sanitary landfill facility after the facility ceased operating, but prior to January 1, 1982, and the claimant took no part in the sanitary landfill facility's operation; and
14. A statement that the claimant is the owner of a sanitary landfill facility for which a final remediation document was issued for the entire sanitary landfill facility or any part thereof, and that all of the following apply:
i. The remediation which is the subject of the final remediation document involved the use of an institutional control and not an engineering control;
ii. The claimant is a person who qualifies to be relieved from liability pursuant to N.J.S.A. 58:10-23.1 1g(d) or (f) for the contamination at the sanitary landfill facility and why; and
iii. The Department has ordered the claimant to remediate the contamination.