reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 3 - WATER SUPPLY SYSTEMS CLAIMS › Section 7:1J-3.5 - Other reductions in amount eligible for compensation from Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the water supply system which is the subject of the claim is to be operated by a private water purveyor, the aggregate amount eligible for compensation from the Fund for such water supply system shall be reduced by an amount calculated in accordance with the Board of Public Utilities' All Utilities rules at N.J.A.C. 14:3-8.
(b) If the claimant is the water purveyor, the amount eligible for compensation from the Fund shall be reduced further by the surplus debt service payments received by the water purveyor, calculated as follows:
(DSP) (NR)
SDSP =
----------
ER
where:
1. SDSP represents the surplus debt service payments;
2. DSP equals the aggregate amount of the payments due on all debt obligations of the water purveyor reflected in the computation of the water purveyor's rates, and incurred before the making of the WSSC, which payments are due during the period beginning on the date on which water service commences to new ratepayers not previously served by the water purveyor before the construction of the water supply system which is the subject of the claim, and ending on the first anniversary of the effective date of the water purveyor's rates in effect as of the commencement of such service;
3. NR equals the number of new ratepayers served by the new water supply system, who were not served by such water purveyor before the construction of such facilities; and
4. ER equals the number of existing ratepayers served by the water purveyor immediately prior to the making of the WSSC.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 3 - WATER SUPPLY SYSTEMS CLAIMS › Section 7:1J-3.6 - Delineation of Spill Fund Claims Area (SFCA)

Current through Register Vol. 56, No. 14, July 15, 2024
The Spill Fund Claims Area (SFCA) is the geographic area delineated by the Department, consisting of the currently known extent of ground water pollution determined by the Department pursuant to 7:1J-3.7. The Department may include in the SFCA the most probable pollution migration zone determined by the Department pursuant to 7:1J-3.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 3 - WATER SUPPLY SYSTEMS CLAIMS › Section 7:1J-3.7 - Currently known extent of ground water pollution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The currently known extent of ground water pollution is the volumetric extent of ground water in which concentrations of one or more hazardous substances exceed the applicable contaminant standard for such hazardous substances.
(b) The delineation of the currently known extent of ground water pollution shall be based upon sampling data collected by the Department or by other persons approved by the Department in writing, pursuant to a sampling plan approved by the Department in writing. Such sampling data shall be plotted on a copy of the tax map of the municipality in which the sampling is being performed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 3 - WATER SUPPLY SYSTEMS CLAIMS › Section 7:1J-3.8 - Most probable pollution migration zone

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The most probable pollution migration zone is the volumetric extent of ground water for which the Department determines under (b) below that, within the remediation period (as defined below), it is most probable that concentrations of one or more hazardous substances in ground water will exceed the applicable contaminant standard for any such hazardous substances. The remediation period shall be the three years after delineation of the Spill Fund Claims Area, unless the Department determines, in its best professional judgment based upon the particular circumstances of the aquifer contamination, that the remediation of the aquifer contamination will not be completed within three years. In such event, the remediation period shall be the time the Department estimates for the completion of the remediation, in its best professional judgment based upon the particular circumstances of the aquifer contamination.
(b) The delineation of the most probable pollution migration zone is based upon the most probable ground water flow directions, and the most probable pollutant transport rate, for each hazardous substance present in the ground water. In delineating the most probable pollution migration zone, the Department will consider factors including, without limitation, ground water elevations, the location and distribution of pumping wells, the distribution and concentration of pollutants in affected wells, topography, and geology.
(c) The Department shall calculate the most probable pollutant transport rate pursuant to the following formula:
Data in image
(d) The most probable pollutant transport rate (expressed in feet per day), multiplied by the remediation period (expressed in days), yields the migration distance. The migration distance, projected along the most probable ground water flow directions from the currently known extent of ground water pollution (that is, the leading edge of the plume), yields the most probable pollution migration zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 3 - WATER SUPPLY SYSTEMS CLAIMS › Section 7:1J-3.9 - Cost of obtaining estimate by Department consultant of amount eligible for compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the written request of a government entity claimant, accompanied by preliminary plans and specifications for the water supply system which is the subject of a WSSC (including, without limitation, the engineer's reports required under 7:1J-3.4(a)2, (b)2 and (c)2 ), the Department shall cause its consultant to review such plans and specifications and make a preliminary estimate of the amount of the WSSC which will be eligible for compensation from the Fund. The Department shall not be bound or estopped by the preliminary estimate in making a final determination of the amount of the claim eligible for compensation, if there are any changes in the preliminary plans and specifications which are the subject of the preliminary estimate, or if the Department finds that there are errors, omissions or other changes necessary from the preliminary plans and specifications, or if there are other changes in circumstances affecting the WSSC.
(b) The preliminary estimate prepared under (a) above shall be at the claimant's expense. Before the preliminary estimate is performed, the Department shall inform the claimant of the cost of the preliminary estimate, and shall cause the preliminary estimate to be performed only if the claimant provides the Department with written consent to the performance of the estimate at the claimant's expense. The amount eligible for compensation from the Fund shall be reduced by the cost of such estimate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 3 - WATER SUPPLY SYSTEMS CLAIMS › Section 7:1J-3.10 - Sealing of well

Current through Register Vol. 56, No. 14, July 15, 2024
The administrator shall require as a condition of receiving compensation from the Fund for an alternate water supply, that within 60 days after the connection to a water supply system, the claimant shall decommission and permanently seal the contaminated well pursuant to N.J.A.C. 7:9D-3. The administrator may approve an exemption from this requirement for a well that is used in a geothermal heating and cooling system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.1 - Extent of eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
Claims for diminution of property value shall be eligible for compensation from the Fund only to the extent that such diminution is attributable to the discharge of a hazardous substance. A diminution of property value may be deemed attributable to a discharge of a hazardous substance notwithstanding the lack of any physical intrusion of the hazardous substance onto the subject property. A diminution in the value of any improvements to the subject property made after the date of discovery of damages shall not be eligible for compensation from the Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.2 - Requirements for eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for claims settled under 7:1J-4.6 or 4.7, claims for diminution of property value are not eligible for compensation by the Fund unless the claimant has sold the subject properties and the administrator determines that the claimant's sale of the subject property was in good faith, based upon the appraisals made pursuant to 7:1J-4.3, 4.4 and the information submitted pursuant to 7:1J-4.5.
(b) The claimant shall list the subject property for sale with one or more licensed real estate brokers who are members of a multiple listing service (or its commercial equivalent for nonresidential property). The claimant shall so list the subject property for sale continuously, until entering into an agreement for the sale of the subject property; provided, however, that discontinuities made necessary by claimant's good faith choice to list the subject property with another broker shall not be deemed to violate this requirement. One discontinuity of less than 14 days shall presumed to be in good faith.
(c) Claimants may file a property value diminution claim with the Department prior to the sale of property.
(d) All claimants shall provide the Department with an executed copy of a contract for sale of the subject property within 30 days after signature, and shall provide the Department or its agents with access to the property to conduct an appraisal and inspection.
(e) On or after March 2, 2009, a claim for property value diminution shall not be eligible for compensation from the fund where, at the expense of the Fund, a POET has been installed and maintained at the property that is the subject of the claim, or where the property that is the subject of the claim has been connected to a public or private municipal water system at the expense of the Fund. Additionally, a claim for property value diminution shall not be eligible for compensation from the Fund where such claimant was offered, but declined, a POET or a water line connection as compensation from the Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.3 - Appraisal of subject property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the claimant has elected under 7:1J-4.9 to pursue the claim, or in the case of a new claim filed after January 4, 1993, the administrator shall obtain appraisals of the value of the subject property. The appraisals shall be as of the time of the sale of the subject property (or, for claims under 7:1J-4.6 or 4.7, as of the date the administrator makes the settlement offer). One such appraisal shall state the value of the subject property as affected by the discharge (unless the administrator elects not to obtain such an appraisal, pursuant to (b) below), and one appraisal shall state the value of the subject property absent the effect of the discharge. The appraisals may, in the administrator's discretion, be based upon one or more of the following factors:
1. Sales of comparable properties in the immediate area;
2. Income generated by the subject property;
3. Replacement cost of the subject property; and/or
4. Such other factors as are ordinarily considered by real estate appraisers who are members of the Appraisal Institute or who are licensed or certified to perform real estate appraisals in New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.4 - Valuation of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the administrator has obtained appraisals pursuant to 7:1J-4.3(a), the amount of the claim eligible for compensation from the Fund shall be computed by the difference between (a)1 and 2 below, adjusted in accordance with (c) below:
1. The appraised value of the subject property determined pursuant to 7:1J-4.3(a), excluding the effect of the discharge on such value; and
2. The greater of:
i. The appraised value of the subject property determined pursuant to 7:1J-4.3(a), reflecting the effect of the discharge on such value; or
ii. The price actually obtained by the claimant upon the sale of the subject property, without closing adjustments.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.5 - Evidence of good faith sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:1J-4.7 and 4.8, within 60 days after the closing of a sale of the subject property, the claimant shall submit the following documents to the Department:
1. Copies of all listing agreements for the sale of the subject property;
2. Copies of all written offers to purchase the subject property;
3. A copy of the contract of sale of the subject property;
4. Copies of all settlement statements, including without limitation the HUD-1 Uniform Settlement Statement form if required by 24 CFR 3500.8;
5. A copy of the deed conveying the subject property, together with a copy of the transmittal letter forwarding the deed to the county clerk or register of deeds and mortgages for recording;
6. An affidavit by the claimant, signed by the person required to sign the claim and certified in accordance with 7:1J-1.6, stating the following:
i. The sale price of the subject property without closing adjustments;
ii. That neither the claimant nor any person not listed on the settlement statements has received any money or other compensation from any party in connection with the subject property, except as set forth on the settlement statements; and
iii. That the documents submitted pursuant to (a)1 through 5 above are true copies of the original documents executed and delivered in connection with the sale of the subject property; and
7. An affidavit by the claimant's realtor, stating the following:
i. That the realtor is a member of the multiple listing service, and listed the property for sale with the multiple listing service (unless the subject property is of a type not normally sold through a multiple listing service);
ii. The period of time the subject property was offered for sale, and the period of time the property was listed for sale with the multiple listing service;
iii. The initial listing price;
iv. All changes in the listing price, and the dates of such changes;
v. A record of all inquiries received from potential purchasers regarding the subject property, and of all showings or open houses held in the course of offering the subject property for sale, including the names and addresses of all persons who inquired about the subject property, were shown the subject property, or attended open houses at the subject property, and a description of the responses of these persons to the subject property; and
vi. A record of the amount and date of each offer made for the purchase of the subject property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.7 - Settlement when emergency relocation is necessary

Current through Register Vol. 56, No. 14, July 15, 2024
If the administrator determines, in his or her discretion, that environmental conditions at the subject property which result from a discharge occurring after April 1, 1977 create a substantial risk of imminent harm to the health and safety of the occupants of the subject property, the administrator may suspend any or all of the requirements of 7:1J-4.2, 4.3, 4.4 and 4.5 and may immediately award compensation to enable the occupants of the property to relocate temporarily or permanently. Such an award may include all or part of the purchase price, relocation costs, and assumption of the costs of property encumbrances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.8 - Contract for sale of property entered into before filing of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a claimant has entered into a contract for the sale of property before filing a property value diminution claim with respect to such property, the administrator may, in his or her discretion, settle such a claim in accordance with this section.
(b) Claims made pursuant to this section shall be eligible for compensation only to the extent provided in 7:1J-4.1, and only if the subject property satisfies the eligibility requirements set forth in 7:1J-4.2.
(c) Subject to the limitation in 7:1J-4.1, the administrator shall determine the amount of the settlement offer pursuant to 7:1J-4.4.
(d) Together with the claim (or, if the claim is made before closing of the sale of the subject property, within 10 days after closing), the claimant shall submit to the Department all documents required pursuant to 7:1J-4.5; provided, however, that the Department may, in its discretion, refrain from requiring submission of the documents normally required under 7:1J-4.5(a)1  and 4.5(a)7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1J-4.9 - Suspension of claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall send notice of the requirements of this chapter to each claimant who filed a property value diminution claim before January 4, 1993. Within 60 days after receipt of such notice, each claimant shall notify the Department of his or her election to:
1. Pursue the claim;
2. Suspend the claim for the period provided in (c) below; or
3. Withdraw the claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 5 - EMERGENCY RESPONSE CLAIMS BY LOCAL UNITS › Section 7:1J-5.1 - Eligibility of emergency response claims for compensation

Current through Register Vol. 56, No. 14, July 15, 2024
Emergency response claims are eligible for compensation from the Fund in accordance with the requirements of this chapter, to the extent permitted under this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 5 - EMERGENCY RESPONSE CLAIMS BY LOCAL UNITS › Section 7:1J-5.2 - Procedure for making emergency response claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Emergency response claims shall be subject to the claims procedure requirements of N.J.A.C. 7:1J-1, 2 and 6.
(b) In addition to the information and documents required to be submitted under 7:1J-6.3(a), a claimant making an emergency response claim shall submit the following:
1. An affidavit by the claimant, signed by the person required to sign the claim and certified in accordance with 7:1J-1.6, stating that the claimant obtained the approval of the Department before taking the emergency response action which is the subject of the claim, identifying the Department employee from whom the approval was obtained, stating the date of the approval, and the form in which the approval was transmitted to the claimant (for example, by telephone, mail, or facsimile transmission);
2. Reports by the police department and fire department concerning the emergency response action which is the subject of the claim, if such reports have been prepared;
3. Reports by the local hazardous materials unit and the local health department concerning the emergency response action which is the subject of the claim, if such reports have been prepared;
4. Documentation of the time spent by the claimant's personnel, personnel of other local units, and personnel acting at the request of the claimant or other local units, in connection with the emergency response action which is the subject of the claim; and
5. Receipts or other evidence of payment of costs incurred in the emergency response action which is the subject of the claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 5 - EMERGENCY RESPONSE CLAIMS BY LOCAL UNITS › Section 7:1J-5.3 - Processing of emergency response claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days after an emergency response claim is filed, the Department shall notify the claimant whether the claim is complete. If the claim is incomplete, the Department shall list in the notice the information necessary to make the claim complete, and specify in the notice the date by which the necessary information is to be submitted. The administrator may administratively close the claim under 7:1J-2.8 for failure to submit the necessary information in the allotted time.
(b) The administrator shall approve or deny an emergency response claim, without regard to the requirements of N.J.A.C. 7:1J-7, 8 and 9, within 120 days after the filing of a completed claim, including all supportive information or documentation required under 7:1J-5.2, (a) above, and 7:1J-6.
(c) If the administrator fails to approve (in whole or in part) or deny the emergency response claim within the 120 days allotted under (b) above, all costs in the claim shall be deemed approved.
(d) If the administrator denies the emergency response claim or approves only part of the costs claimed, the claimant shall not be precluded from seeking recovery of the costs denied by the administrator under any other provision of statutory law or in accordance with any remedies available under common law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 5 - EMERGENCY RESPONSE CLAIMS BY LOCAL UNITS › Section 7:1J-5.4 - Notice to potentially responsible parties

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department determines that a person is a potentially responsible party in connection with a discharge or threatened discharge which is the subject of an emergency response claim, the Department shall provide such person with written notice of the nature of the claim and the identity of the claimant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 5 - EMERGENCY RESPONSE CLAIMS BY LOCAL UNITS › Section 7:1J-5.5 - Eligible costs

Current through Register Vol. 56, No. 14, July 15, 2024
Only those costs determined by the Department to be necessary and reasonable additional and extraordinary costs incurred by a local unit shall be compensable from the Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.1 - Time for filing of claims

Current through Register Vol. 56, No. 14, July 15, 2024
Claimants shall submit any claims to the Department not later than one year after the date of discovery. With regard to claims filed by government entities, for damages resulting from contamination to private potable wells other than the claimant's own well(s), the date of discovery of damages is when the government entity agrees by vote, ordinance, resolution or other binding commitment, whichever occurs first, to restore, repair or replace the contaminated potable wells in question. With regard to property value diminution claims under N.J.A.C. 7:1J-4, the date of discovery of damages is the date when property is sold, unless the requirements of 7:1J-4.6 or 4.7 apply. If a claimant fails to submit a claim to the Department within such one-year period, the claimant shall be deemed to have waived such claim. Such waiver is with prejudice and shall bar all recourse by the claimant against the Fund for any damages arising out of or related to the discharge or threatened discharge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.2 - Submission of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of determining whether a claim has been timely filed pursuant to 7:1J-6.1, the following shall apply:
1. If the claimant submits the claim by United States mail, the claim will be deemed filed as of the date of mailing by the claimant.
2. If the claimant submits the claim via another means of delivery, the claim will be deemed filed as of the date of receipt by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.3 - 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 7:1J-6.7;
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 claims to have actually incurred damages, as such term is defined in 7:1J-1.4, that the claimant has not received compensation from any other source for such damages, and that the claimant is not a potentially responsible party in connection with the discharge which is the subject of the claim. Such statement need not be specific about the amount or the nature of such damages;
8. If the claim is for property value diminution, all documents required by 7:1J-4.5 to be submitted with the claim, and a statement that the claimant has contracted to sell or has sold the subject property;
9. A statement that the claimant cannot benefit from a covenant not to sue pursuant to 58:10B-13.1 or 13.2 for the subject property and why;
10. A statement that the damages being claimed are not the proximate result of additional remediation to remove an institutional control at the subject property; and
11. A statement that the claimant is the purchaser of a subject property for which a final remediation document has been issued for the entire property 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 subject property and why; and
iii. The Department has ordered the claimant to remediate the contamination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.4 - Amendment of claim

Current through Register Vol. 56, No. 14, July 15, 2024
A claimant may amend a claim, or a response to the Department's request for information, with respect to the nature or extent of the damages, the cause of the damages, the amount of the claim, or any other information relevant to the claim, until the occurrence of the earliest of the following: the approval of the claim by the administrator; the denial of the claim by the administrator; or the agreement to a settlement among a claimant and one or more potentially responsible parties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.5 - Consent to inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submission of a claim shall constitute consent by the claimant to the following:
1. The inspection of the damaged real and personal property by the administrator, the Department, a Board of Arbitration convened by the administrator pursuant to 7:1J-9.1 (Board) and other persons designated by the administrator, the Department or the Board;
2. For all information submitted pursuant to 7:1J-6.3(b)12, 13, 14 or 15, the inspection, copying and audit of such information by the Department, the Board, and other persons designated by the administrator, the Department or the Board; and
3. The entry by the administrator, the Department, the Board, and other persons designated by the administrator or by the Board, onto any property to which the claimant has the right to grant access, or to which the claimant has the right to compel another person to grant access to perform remediation activities. Any cost which the claimant incurs in compelling such access shall be borne solely by the claimant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.6 - Notice of Intent to Deny; Denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator shall deny a claim which, on its face, appears to be ineligible for compensation from the Fund.
(b) The administrator may issue a Notice of Intent to Deny (NOI) with respect to any claim which, on its face, does not contain information sufficient to support a determination that the claim is eligible for compensation from the Fund. The administrator shall send the claimant the NOI by certified mail, return receipt requested.
(c) The claimant may contest the NOI by submitting to the Department additional evidence in support of the claim, and evidence that any material fact set forth in the NOI is incorrect. The claimant shall submit such evidence within 30 days after the date on which the claimant received the NOI; provided however, that if the claimant has refused delivery of the NOI, the claimant shall submit such evidence within 30 days after the date the administrator mailed the NOI.
(d) If, after reviewing the evidence submitted pursuant to (c) above, the administrator determines that the claim does not clearly fail to satisfy the requirements for eligibility for compensation from the Fund, the administrator shall withdraw the NOI and process the claim in accordance with this chapter.
(e) The administrator shall deny the claim after the expiration of the 30-day period allotted under (c) above, if:
1. The claimant fails to submit any evidence to the Department within the 30-day period; or
2. After reviewing the evidence submitted pursuant to (c) above, the administrator determines that the claim clearly fails to satisfy the requirements for eligibility for compensation from the Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.7 - Communication with claimant or representative

Current through Register Vol. 56, No. 14, July 15, 2024
The Department will direct all communications in connection with the claim to the person who signed the claim, unless the claimant submits to the Department a written statement, signed by the person required to sign the claim, designating a representative to receive communications from the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 6 - CLAIMS PROCEDURES › Section 7:1J-6.8 - Relaxation of procedural requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided by (b) below, the Department may relax any of the procedural requirements of this chapter if the administrator determines that strict adherence to such requirements would result in unfairness or injustice.
(b) Notwithstanding (a) above, the Department shall not relax procedural requirements of this chapter if such requirements are imposed by the Act, by other applicable State or Federal statutes, or by applicable decision, order or decree of a court of competent jurisdiction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 7 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND POTENTIALLY RESPONSIBLE PARTIES › Section 7:1J-7.1 - Notice of claim to potentially responsible party

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the administrator determines that a person is a potentially responsible party in connection with a discharge which is the subject of a claim, the administrator shall provide such person with written notice of the claim.
(b) The written notice provided under (a) above shall state the following:
1. The nature of the claim;
2. The identity of the claimant;
3. The time period established for settlement negotiations under 7:1J-7.2; and
4. The right to contest the validity or amount of the claim by requesting arbitration under 7:1J-8.2(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 7 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND POTENTIALLY RESPONSIBLE PARTIES › Section 7:1J-7.2 - Settlement negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the administrator determines that one or more persons are potentially responsible parties in connection with a discharge which is the subject of a claim, the administrator shall establish a time period for settlement negotiations between all potentially responsible parties and the claimant. Such time period shall be no longer than 60 days, commencing as of the date set forth in the written notice under 7:1J-7.1, unless the administrator, the claimant and all potentially responsible parties agree upon a longer period. During this settlement negotiation period, all parties shall negotiate in good faith in attempt to resolve the subject claim. Such settlement negotiation period may be extended upon the agreement of the administrator, the claimant and all potentially responsible parties.
(b) The administrator may arrange for the assistance of a neutral third party to attempt to promote and arrange a settlement between the claimant and the potentially responsible parties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 7 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND POTENTIALLY RESPONSIBLE PARTIES › Section 7:1J-7.3 - Effect of settlement between claimant and potentially responsible party

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the source of the discharge which is the subject of the claim is determined, and one or more potentially responsible parties concede liability, the claimant and such potentially responsible parties may agree to a settlement which shall be final and binding upon the parties and which will waive all recourse by that claimant against the Fund in connection with the discharge which is the subject of the claim. Such waiver shall be effective regardless of any communications or understanding between or among the claimant, potentially responsible parties, and/or the administrator or the Department.
(b) If the source of the discharge which is the subject of the claim has not been determined, or if no potentially responsible party has conceded liability, the claimant and such potentially responsible parties may nonetheless agree to a settlement. Such settlement shall operate as a waiver by that claimant of all recourse against the Fund in connection with the discharge which is the subject of the claim, if the terms of the settlement in any way prejudice the subrogation or assignment rights of the Fund, or in any way impair the Fund's ability to obtain cost recovery. Such waiver shall be effective regardless of any communications or understanding between or among the claimant, potentially responsible parties, and/or the administrator or the Department.
(c) Notwithstanding the waiver under (a) or (b) above, if the settling potentially responsible party is or becomes insolvent or otherwise unable to perform its obligations under the settlement, the administrator may, in its discretion, allow the claimant to reinstate the claim against the Fund. If the claim is reinstated, the Fund shall not be bound by any aspect of the settlement with the potentially responsible party.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 8 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND FUND › Section 7:1J-8.1 - Request for payment upon failure to identify or settle with potentially responsible party

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant may request payment of a claim from the Fund, if:
1. Based upon the information supplied by the claimant and other information obtained by the Department, the administrator has determined that he or she cannot identify any potentially responsible parties for the discharge from which the claim arose; or
2. The claimant has made good faith efforts to enter into a settlement with one or more potentially responsible parties, but has not entered into any such settlement within the time allotted under 7:1J-7.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 8 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND FUND › Section 7:1J-8.2 - Contest of validity or amount of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any potentially responsible party may contest the amount or validity of the claim by requesting that the administrator submit the claim to arbitration. If a person receiving notice of the claim under 7:1J-7.1 has not delivered a request for arbitration within 20 days after the date of delivery of the notice of the claim (or, if such person has refused delivery of the notice, 20 days after the date of mailing of the notice), such person shall be deemed to have waived any right to have the claim submitted to arbitration.
(b) The administrator may contest the amount or validity of the claim by submitting the claim to arbitration.
(c) Any other person may contest the amount or validity of the claim by requesting that the administrator submit the claim to arbitration. If the person seeking to contest the claim has not delivered a request for arbitration within 20 days after receiving actual notice of the claim such person shall be deemed to have waived any right to have the claim submitted to arbitration.
(d) Upon receipt of a request for arbitration under (a) or (c) above, the administrator shall provide the person requesting arbitration with a copy of all information submitted to the administrator under 7:1J-6.3(a) and (b). Within 20 days after receipt of such information, the person requesting arbitration shall submit the following information to the administrator in writing:
1. The name, address and telephone number of the person requesting arbitration, and such person's authorized representative;
2. A denial of each fact asserted in the information submitted under 7:1J-6.3(a) and (b) which the person requesting arbitration disputes. The denial shall fairly meet the substance of the disputed facts, and shall contain assertions of the facts as the person requesting arbitration believes them to be;
3. If the person requesting arbitration asserts that, based upon the facts asserted in the information submitted under 7:1J-6.3(a) and (b), the claim is invalid or the amount is unreasonable as a matter of law, a specific explanation of the legal basis for that assertion;
4. Copies of written documents which the person requesting arbitration is relying upon to support its assertions and the request;
5. An estimate of the time required for the hearing; and
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 8 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND FUND › Section 7:1J-8.3 - Settlement offer by the administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator, on behalf of the Fund, may make a written settlement offer to the claimant if:
1. The claim is eligible for compensation from the Fund;
2. The claimant has requested payment of the claim under 7:1J-8.1;
3. The Department has not received any requests for arbitration of the claim within 30 days after the date of delivery of the last notice under 7:1J-8.1(b)  (or, if any potentially responsible party has refused delivery, within 30 days after the date of mailing of the notice, if such date is later than the date of delivery to other potentially responsible parties); and
4. The claimant has made good faith efforts to enter into a settlement with one or more potentially responsible parties, but has not entered into any such settlement within the time allotted under 7:1J-7.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 8 - SETTLEMENT OF CLAIMS BETWEEN CLAIMANT AND FUND › Section 7:1J-8.4 - Action on administrator$DQ$s settlement offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The claimant shall either accept or reject the settlement offer made pursuant to 7:1J-8.3 no later than 20 days after the date the claimant receives the settlement offer (or, if the claimant refuses delivery of the settlement offer, 20 days after the date of mailing of the settlement offer). The administrator may extend this 20-day period by written notice to the claimant.
(b) If the claimant accepts the administrator's settlement offer made pursuant to 7:1J-8.3, the claimant shall be deemed to have waived all further claims against the Fund arising in connection with the discharge which was the subject of the settled claim. Upon such acceptance, the administrator shall be subrogated to all rights of the claimant against all other persons arising in connection with the damages which were the subject of the settled claim.
(c) If the claimant rejects the settlement offer within the time allotted by (a) above, the administrator shall submit the claim to arbitration pursuant to N.J.A.C. 7:1J-9, unless the administrator and the claimant expressly agree otherwise in writing.
(d) If no acceptance or rejection of the offer is delivered to the administrator before the expiration of the 20-day period allotted by (a) above (as such period may be extended), the claimant shall be deemed to have rejected the offer, and the offer shall be deemed to have terminated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.1 - Convening a board of arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator shall convene a board of arbitration upon the occurrence of any of the following:
1. When a claimant contests in writing the denial of a claim issued by the administrator pursuant to 7:1J-6.6(e), and requests arbitration pursuant to 7:1J-6.6(g); provided, however, that arbitration of denial of a claim shall be granted only if the denial was based solely upon the lack of validity of the claim;
2. When a claimant rejects a settlement offer made by the administrator pursuant to 7:1J-8.4(c);
3. When any potentially responsible party contests the validity or amount of the claim under 7:1J-8.2(a), the administrator contests the validity or amount of the claim under 7:1J-8.2(b), or any other person contests the validity or amount of the claim under 7:1J-8.2(c); or
4. When a claimant has failed to agree upon a settlement with a potentially responsible party within the time allotted pursuant to 7:1J-7.2, and the administrator has elected not to make a settlement offer pursuant to 7:1J-8.3(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.2 - Notice of arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
The administrator shall provide written notice of the arbitration to the claimant, to all potentially responsible parties identified as of the date of the notice, and to any other person who has contested the validity or amount of damage claims or cleanup and removal costs presented to the Fund for payment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.3 - Membership of Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the administrator's discretion, the board of arbitration shall consist of either three individuals, or one individual.
(b) The arbitrator for a one-member board shall be selected by one of the following methods, in the administrator's discretion:
1. Selection by the administrator;
2. Selection by agreement of the claimant and any potentially responsible parties, with the consent of the administrator; or
3. Selection by the American Arbitration Association.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.4 - Jurisdiction over all claims related to discharge

Current through Register Vol. 56, No. 14, July 15, 2024
One board may be convened to hear and determine all claims arising from or related to a common discharge.