reglab/statecodes huggingface dataset:
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-3.2 - 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 7:1I-3.1, 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. Claims submitted by mail must be sent in accordance with 7:1I-1.8; or
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 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 3 - CLAIMS PROCEDURE › Section 7:1I-3.4 - Amendment of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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:
1. The approval of the claim by the Department;
2. The denial of the claim by the Department; or
3. The agreement to a settlement among a claimant and one or more owners or operators or other persons in connection with the sanitary landfill facility which is the subject of the claim.
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-3.5 - Consent to inspection; investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submission of a claim shall constitute consent by the claimant to allow the Department, and other persons designated by the Department:
1. To inspect all documents and property relating to his or her claim for damages including, but not limited to:
i. Financial, medical, employment and property records;
ii. Insurance policies; and
iii. Damaged real and personal property;
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-3.6 - 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 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 3 - CLAIMS PROCEDURE › Section 7:1I-3.7 - Notice to owner or operator

Current through Register Vol. 56, No. 14, July 15, 2024
When, in the opinion of the Department, the claim is complete for payment pursuant to 7:1I-2.2 and 3.3, the Department shall notify the owner or operator of the sanitary landfill facility by mailing a notice of the claim by certified mail, return receipt requested, to such owner or operator. In the case of multiple, related claims (series claims), the Department will notify the owner or operator of the sanitary landfill facility of the first claim of the series only. This notification will include an estimate of the approximate number of claims expected in that series if known, and will give notice that copies of all further claims must be requested in writing.
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 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-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 the subject property has been sold and such diminution proximately results from the improper operation or improper closure of a sanitary landfill facility. A diminution of property value may be deemed attributable to the improper operation or improper closure of a sanitary landfill facility notwithstanding the lack of any physical intrusion resulting from the sanitary landfill facility onto the subject property.
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 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-4.2 - Requirements for eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for claims settled under 7:1I-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 property and the Department determines that the claimant's sale of the subject property was in good faith, based upon the appraisals made pursuant to 7:1I-4.3 and the information submitted pursuant to 7:1I-4.5.
(b) Within 30 days after filing the claim, 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 discontinuances made necessary by the 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 be presumed to be in good faith.
(c) Claimants may file a property value diminution claim with the Department prior to the sale of property provided that the claimant states that the property will be placed on the market for sale within 30 days after filing the claim.
(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.
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 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-4.3 - Appraisal of subject property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the claimant has elected under N.J.A.C. 7:1I-4.9(a)1  to pursue the claim, or in the case of a new claim filed after February 22, 1994, the Department shall obtain appraisals of the value of the subject property. The claimant shall notify the Department of the sale, in writing, within 10 days of signing a binding agreement of sale in order to allow the Department sufficient time to have an appraisal completed before settlement. The appraisals shall be as of the time of the sale of the subject property (or, for claims under 7:1I-4.6 or 4.7, as of the date the Department issues an NOI to pay). One such appraisal shall state the value of the subject property as affected by the sanitary landfill facility (unless the Department elects not to obtain such appraisal, pursuant to 7:1I-4.3(b)  ), and one appraisal shall state the value of the subject property absent the effect of the sanitary landfill facility. The appraisals may, in the Department'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 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-4.4 - Valuation of a claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department has obtained appraisals pursuant to 7:1I-4.3(a), the amount of the claim eligible for compensation from the Fund shall be computed by the difference between (a)1 and (a)2 below, adjusted in accordance with (c) below:
1. The appraised value of the subject property determined pursuant to 7:1I-4.3(a), excluding the effect of the sanitary landfill facility on such value; and
2. The greater of:
i. The appraised value of the subject property determined pursuant to 7:1I-4.3(a), reflecting the effect of the sanitary landfill facility 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 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-4.5 - Evidence of good faith sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:1I-4.7 and 4.8, within 60 days after the signing of a binding agreement of sale and the closing of the sale for 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 Settlement sheet(s) required by the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.A.§ 2601 et seq. and 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 7:1I-1.7, 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 person 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 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 a multiple listing service, and listed the property for sale with a multiple listing service (or its commercial equivalent, for claims involving commercial property or other properties not normally offered for sale 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 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-4.7 - Settlement when emergency relocation is necessary

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department determines, in its discretion, that environmental conditions at the subject property which result from the improper operation or improper closure of a sanitary landfill facility create a substantial risk of an imminent health or safety hazard to the occupants of the subject property, the Department may suspend any or all of the requirements of 7:1I-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.
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 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-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 Department may, in its 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 7:1I-4.1, and only if the subject property satisfies the eligibility requirements set forth in 7:1I-4.2.
(c) Subject to the limitation in 7:1I-4.1, the Department shall determine the amount of the settlement offer pursuant to 7:1I-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 7:1I-4.5; provided, however, that the Department may in its discretion, refrain from requiring submission of the documents normally required under 7:1I-4.5(a)1 and (a)7.
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 4 - PROPERTY VALUE DIMINUTION CLAIMS › Section 7:1I-4.9 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
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 5 - SETTLEMENT AND DETERMINATION OF CLAIM › Section 7:1I-5.1 - Settlement of claim with owner, operator or other person

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least two weeks prior to any private settlement with any owner or operator or other person, the claimant shall notify the Department by certified mail of the terms of the settlement.
(b) If the claimant privately settles with any owner or operator or other person in connection with the sanitary landfill facility in question, any payment the claimant receives as a result of that settlement shall be deducted from the amount of compensation awarded by the Department regarding the claimant's damages; provided, however, that if the settlement terms release any owner or operator from further liability, the settlement shall be an absolute bar to any claim for damages from the Fund.
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 5 - SETTLEMENT AND DETERMINATION OF CLAIM › Section 7:1I-5.2 - Actual real or personal property damage

Current through Register Vol. 56, No. 14, July 15, 2024
If the claimant submits all evidence required by 7:1I-3.3, and if, after verification of the reasonableness of all estimates and receipts submitted, the Department is satisfied with the evidence submitted, the Department shall issue a Notice of Intent pursuant to 7:1I-5.4.
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 5 - SETTLEMENT AND DETERMINATION OF CLAIM › Section 7:1I-5.3 - Personal injuries

Current through Register Vol. 56, No. 14, July 15, 2024
If the claimant submits all evidence required by 7:1I-3.3, and if, after verification of the reasonableness of receipts and opinions supplied, the Department is satisfied with the evidence submitted, the Department shall issue a Notice of Intent pursuant to 7:1I-5.4.
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 5 - SETTLEMENT AND DETERMINATION OF CLAIM › Section 7:1I-5.4 - Notices of Intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue a Notice of Intent (NOI) to deny 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 Department shall issue a Notice of Intent (NOI) to pay with respect to any claim which contains sufficient information to support a determination that the claim is eligible for compensation from the Fund. The Department shall send the claimant the NOI by certified mail, return receipt requested.
(b) The claimant shall either accept the NOI or 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. Legal arguments will not be accepted. 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 30 days after the date the Department mailed the NOI.
(c) In the case of an NOI to deny, if after reviewing the evidence submitted pursuant to (b) above, the Department determines that the claim does not clearly fail to satisfy the requirements for eligibility for compensation from the Fund, then the Department shall withdraw the NOI and reconsider the claim. However, if after reviewing the evidence submitted pursuant to (b) above, the Department determines that the claim does clearly fail to satisfy the requirements for eligibility for compensation from the Fund, then the Department will process the claim in accordance with 7:1I-5.5. The claimant may contest the Department's final decision by proceeding in accordance with 7:1I-5.6.
(d) In the case of a NOI to pay, if after reviewing the evidence submitted pursuant to (b) above, the Department determines that the claimant has clearly demonstrated its entitlement to a payment greater than the amount contained in the NOI to pay, then the Department shall make a new offer of payment with regard to the claim. However, if after receiving the evidence submitted under (b) above, the Department determines that the claimant has not clearly demonstrated its entitlement to a payment greater than the amount contained in the NOI to pay, then the Department shall issue a final decision on the claim. If the claimant wishes to contest the Department's final decision, the claimant shall proceed in accordance with 7:1I-5.6.
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 5 - SETTLEMENT AND DETERMINATION OF CLAIM › Section 7:1I-5.5 - Denials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall deny the claim after the expiration of the 30-day period allotted under 7:1I-5.4(b), if the claimant fails to submit any evidence to the Department within the 30-day period.
(b) The Department shall deny any claim if, after reviewing the evidence submitted pursuant to 7:1I-5.4(b), the Department determines that the claim clearly fails to satisfy the requirements for eligibility for compensation from the Fund.
(c) If the Department denies the claim pursuant to this section, the Department shall prepare a written statement setting forth the denial and the reasons therefor. The Department shall send the claimant a copy of the final decision by certified mail, return receipt requested.
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 5 - SETTLEMENT AND DETERMINATION OF CLAIM › Section 7:1I-5.6 - Adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant may contest a final claim decision by requesting a hearing before the Office of Administrative Law. The claimant shall make the request in writing within 30 days after receiving the Department's written statement under 7:1I-5.5(c); provided, however, that if the claimant has refused delivery of the Department's final decision, the claimant shall make the request for a hearing within 30 days after the date of mailing of the final decision. Failure to request a hearing before the expiration of such 30-day period shall operate as a waiver of any right to have the claim submitted to a hearing.
(b) A request for a hearing under (a) above shall contain the following information:
1. A denial of each fact disputed by the claimant which the Department has asserted in the final claim decision. The claimant's denial shall fairly meet the substance of the disputed facts, and shall contain assertions of the facts as the claimant believes them to be;
2. If the claimant asserts that, based upon the facts asserted in the Department's final claim decision, the Department's decision is improper as a matter of law, a specific explanation of the legal basis for that assertion;
3. Copies of written documents which the claimant is relying upon to support the request, provided, however, that if the claimant has previously submitted such documents to the Department, a specific reference to such documents will be sufficient;
4. An estimate of the time required for the hearing; and
5. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
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 6 - CONDITIONS OF PAYMENT › Section 7:1I-6.1 - Payment of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the Department shall make claim payments in a single lump sum payment.
(b) The Department may bifurcate multiple damages filed in a single claim and make payments separately thereon.
(c) In the event that the total amount of claims awarded exceeds the current balance of the Fund, each award shall be paid, without interest, on a prorated basis over time until the awards are paid in full. Claims initially paid on a prorated basis will be satisfied in full before any payments are made on new claims.
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 6 - CONDITIONS OF PAYMENT › Section 7:1I-6.2 - Conditions of payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No payment of any damages from the Fund shall be made unless the Department acquires, by subrogation, all rights of the claimant to recovery of such damages from an owner or operator of a sanitary landfill facility.
1. The claimant shall not prejudice such subrogation rights in any manner;
2. The claimant shall cooperate fully with the Department in the preparation of a case for trial, should the Department commence a civil action to recover any amount awarded; and
3. The claimant shall allow the Department to join his or her claim with as many claims as the Department may have against any person in any civil action commenced to recover any amounts awarded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1J-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the Department concerning the processing of all claims under the Act for damages resulting from the discharge of a hazardous substance or a threatened discharge of a hazardous substance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1J-1.2 - Construction and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall be construed liberally to permit the Department and the administrator to fulfill their statutory functions. This chapter shall be construed in conformity with, and not in derogation of, the Act.
(b) This chapter shall apply to the processing of all claims which have not been paid, settled or denied on or before the operative date of this chapter, notwithstanding the date upon which any such claim was filed with 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 1 - GENERAL PROVISIONS › Section 7:1J-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this chapter or the application thereof.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1J-1.5 - Delegation

Current through Register Vol. 56, No. 14, July 15, 2024
The administrator may delegate administrative, supervisory, or investigatory authority to members of the Department's staff. The administrator may enter into contracts on behalf of the Fund or the Department for the performance of services ancillary to the powers and duties of the administrator under the Act, including, but not limited to, the performance of claims adjustment services.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1J-1.6 - Signatures; certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims, and all affidavits required under this chapter, shall be signed by the claimant and notarized, as follows:
1. If the claimant or affiant is a corporation, the claim or affidavit shall be signed by a person authorized by a resolution of the claimant's board of directors to sign the document in question. The claimant or affiant shall submit with the document a copy of the resolution of the claimant's board of directors authorizing the person to sign the document. The copy of the resolution shall be certified as a true copy by the secretary of the corporation.
2. If the claimant or affiant is a partnership, the claim or affidavit shall be signed by a general partner of the partnership.
3. If the claimant or affiant is a sole proprietorship, the claim or affidavit shall be signed by the proprietor of the proprietorship.
4. If the claimant or affiant is a municipality, local unit, State, Federal or other public agency, the claim or affidavit shall be signed by a principal executive officer of such entity, the ranking elected official of such entity, or the designee of such principal executive officer or ranking elected official. If the claim or affidavit is signed by a designee, the claimant shall submit with the claim or affidavit a copy of the document authorizing the designee to sign the claim or affidavit.
5. If the claimant or affiant is a natural person, the claim or affidavit shall be signed by the claimant or affiant, provided however, that if the claimant or affiant is a minor, is incompetent as defined under New Jersey law, or is deceased, the claim or affidavit shall be signed by the claimant's parent, guardian, executor, or court appointed representative, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1J-1.7 - Notices and other communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to (c) below, all claims, notices, requests and other communications required or permitted under this chapter shall be given in writing and sent by certified mail, return receipt requested or by other means which provides a receipt showing the date of mailing and the date of delivery. All communications submitted pursuant to this subsection shall be sent to the Department by certified mail to the following address:
Department of Environmental Protection
Environmental Claims Administration
PO Box 413
Trenton, New Jersey 08625-0413
All such communications sent to the Department by means for which a street address is required by the carrier shall be sent to the following address:
Department of Environmental Protection
Environmental Claims Administration
401 East State Street
Trenton, New Jersey 08609
All such communications to the claimant shall be sent to the mailing address set forth in the claim under 7:1J-6.3(a)3, unless the claimant directs otherwise under 7:1J-6.7.
(b) Subject to (c) below, all invoices for compensation for POET installation, operation and maintenance shall be submitted in an electronic format acceptable to the Department, and in accordance with the following:
1. Invoices for the cost of the installation of a POET shall be submitted within 60 days after the installation a POET;
2. Invoices for the cost of the operation and maintenance of the POET shall be submitted within 60 days after each date on which the POET is serviced;
3. The results of all analytical monitoring for POETs required by the Department shall be submitted within 60 days after each sampling event; and
4. Any invoices and analytical monitoring data submitted electronically under this subsection may be submitted to the Department by a water treatment vendor or laboratory that is chosen by the claimant to provide these services.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1J-1.8 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing any period of time fixed by or under this chapter, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday.
(b) In computing any period of time fixed by or under any provision of this chapter, "days" shall mean calendar days, unless the provision specifies working days.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.1 - Persons who may submit a claim

Current through Register Vol. 56, No. 14, July 15, 2024
Any person claiming to have incurred damages may submit to the Department a claim for such damages. No subrogee or assignee of a person who has incurred damages may submit a claim. No claim by a subrogee or assignee of a person who has incurred damages shall 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 2 - CLAIMS GENERALLY › Section 7:1J-2.2 - Provisions applicable to all claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of N.J.A.C. 7:1J-1, 2, 6, 7, 8 and 9 are applicable to all claims made pursuant to this chapter, including without limitation water supply system claims pursuant to N.J.A.C. 7:1J-3, and property value diminution claims pursuant to N.J.A.C. 7:1J-4. The provisions of N.J.A.C. 7:1J-1, 2 and 6 are applicable to emergency response claims by local units pursuant to N.J.A.C. 7:1J-5; the provisions of N.J.A.C. 7:1J-7, 8 and 9 are not applicable to emergency response claims by local units pursuant to N.J.A.C. 7:1J-5.
(b) The administrator shall prioritize the categories of claims that are eligible for compensation in the following order:
1. Potable water restoration and vapor intrusion mitigation at residential properties;
2. Potable water restoration and vapor intrusion mitigation at schools and child care facilities; and
3. All other categories of claims.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.3 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
No claim shall be eligible for compensation from the Fund unless the claimant shows by a preponderance of the evidence that the claim satisfies all requirements for eligibility under the Act and this chapter, and that the amount of the claim correctly reflects and is reasonable in relation to the damages which the claimant has sustained.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.4 - Damages actually incurred; mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claim shall not be eligible for compensation from the Fund unless the claimant has actually suffered the damages which are the subject of the claim. A claim shall be ineligible for compensation from the Fund to the extent that the damages which are the subject of the claim are contingent or speculative.
(b) A claim shall be ineligible for compensation from the Fund to the extent that the claimant has received compensation from any other source for damages which are the subject of the claim. The claimant shall exercise best efforts to obtain compensation from any other source from which compensation is reasonably likely to be available, including, without limitation, insurance policies, court awards, contractual rights, grants or other financial assistance from the Hazardous Discharge Site Remediation Fund, 58:10B-4, the Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund, 58:10A-37.3 and any other remedies provided under statutory or common law (including, without limitation, remedies with respect to a potentially responsible party under N.J.A.C. 7:1J-7 ). In determining the amount of the award, if any, the administrator shall reduce the award by the amount of compensation already received by the claimant for the damage which is the subject of the claim. The administrator may suspend processing of any claim pending the completion of the claimant's efforts to obtain compensation from such other sources.
(c) The claimant shall exercise reasonable diligence and ordinary care to mitigate or to prevent the damages by the claimant from increasing or being aggravated. Additional damages that are the result of claimant's failure to mitigate damages shall not be eligible for compensation from the Fund.
(d) A claim shall not be eligible for compensation from the Fund if the claimant knew or should have known at the time of purchase that the property which is the subject of the claim is contaminated or otherwise impacted by a discharge of hazardous substances.
(e) A claim shall be eligible for compensation from the Fund only to the extent that the claim is for costs associated with remediation which the Department has determined to be an environmentally sound means of ameliorating the damages resulting from a discharge, and cost effective. Environmentally sound remediation is remediation conducted in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E. To determine if the remediation is cost-effective, the Department shall consider initial capital costs, 20-year operation and maintenance costs, monitoring costs, the Department's administrative costs, reliability and feasibility of implementation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.5 - Overlapping claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claim shall not be eligible for compensation from the Fund to the extent that the Fund has already paid or settled another claim for the same damages.
(b) If two or more claims include an assertion of the same damages, the administrator shall apportion payment for such damages among the claimants or exclude certain of the claims from payment. The administrator shall base the apportionment or exclusion upon the administrator's determination of which claimants have actually incurred the damages in question.
(c) On or after March 2, 2009, the purchaser of a property on which a POET has been installed and maintained at the expense of the Fund may not make a claim for compensation from the Fund for ongoing POET operation, monitoring and maintenance costs. The seller of a property on which a POET has been installed and maintained at the expense of the Fund shall notify the Department in writing within 30 days of executing a binding contract of sale for that property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.6 - Waiver of damages not set forth in claim

Current through Register Vol. 56, No. 14, July 15, 2024
The claimant shall be deemed to have waived any damages which are not set forth in the claim or in any response to the Department's request for information under 7:1J-6.3(b), or in any amendment to such claim or response under 7:1J-6.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.7 - Claims by responsible parties or by owners or occupants of property from which discharge has emanated

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a person in any way responsible for a discharge which is the subject of the claim, or for any hazardous substance which is the subject of the claim makes a claim in connection with the subject discharge, the claim shall be ineligible for compensation from the Fund unless:
1. The claimant is the owner or operator of a major facility or vessel responsible for the discharge; and
2. The claimant establishes one or more of the defenses provided under N.J.S.A. 58:10-23.1 1g(d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1J-2.8 - Administrative closure of claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator may, in his or her discretion, administratively close any claim for which the claimant has:
1. Failed to take actions required by this chapter within 60 days after the claimant was required to take such action; or
2. Failed to respond to a request for information by the Department within the time period set forth in the request.
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-3.1 - Eligibility of water supply systems claims for compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water Supply Systems Claims (WSSCs) are eligible for compensation from the Fund only in accordance with the requirements of this chapter, and only to the extent permitted under this subchapter.
(b) If the Department determines that as a result of a discharge, a water purveyor's existing supply of water is or will become unsuitable to serve the needs of the water purveyor's existing customers, the water purveyor may make a WSSC for the cost of replacing or treating the existing water supply. No portion of such a WSSC which represents costs beyond those necessary to replace or treat the existing water supply is eligible for compensation from the Fund. Such a WSSC is eligible for compensation from the Fund only in accordance with those requirements of this chapter which are listed at (b)1 through 8 below, and only to the extent permitted under such listed requirements.
1.
										7:1J-3.1(b);
2.
										7:1J-3.2;
3.
										7:1J-3.3;
4.
										7:1J-3.5(c) and (d);
5.
										7:1J-3.6;
6.
										7:1J-3.7;
7.
										7:1J-3.8; and
8.
										7:1J-3.9.
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-3.2 - Spill Fund claims area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be compensable from the Fund, costs expanded by a claimant in connection with a WSSC shall be either:
1. Directly associated with damages to natural resources located within the Spill Fund Claims Area (SFCA), if the Department has delineated an SFCA;
2. Directly associated with supplying potable water to real property in an area within or outside the SFCA for which the Department has determined, pursuant to the Safe Drinking Water regulations set forth at N.J.A.C. 7:10, that the existing source of potable water is unsuitable for human consumption due to a discharge; or
3. Directly associated with damages to natural resources resulting from a discharge, notwithstanding whether the Department has delineated an SFCA.
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-3.3 - Most cost-effective environmentally sound alternative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A WSSC shall be eligible for compensation from the Fund only if the WSSC is for costs associated with remedial actions which the Department has determined to be an environmentally sound means of ameliorating the damages resulting from a discharge.
(b) A WSSC shall be eligible for compensation from the Fund only to the extent of the cost (as such cost is determined by the Department) of the most cost-effective means which the Department has determined to be an environmentally sound means of ameliorating the damages resulting from a discharge. To determine what remedy is the most cost-effective, for each alternative the Department will consider initial capital costs, 20-year operation and maintenance costs, monitoring costs, the Department's administrative costs, reliability, feasibility of implementation, and acceptability to the public.
(c) Operation, maintenance and monitoring costs for a WSSC by a water purveyor shall not be included as part of the evaluation of water system alternatives.
(d) The Department may evaluate alternatives as well as any new technologies, to determine whether any other environmentally sound means of ameliorating the damages resulting from a discharge are more cost-effective than the remedial actions for which the claim has been made. Such alternatives may include, without limitation, the following (or any combination thereof):
1. Filtration of water supply at point of entry;
2. Extension of existing water lines;
3. Drilling of deeper wells for individual residences;
4. Provision of interim alternative water supplies, such as bottled water or waterbuffaloes;
5. Containment of discharge and treatment of water supply;
6. Stand-alone satellite water supply systems/installation of production wells;
7. Contaminant removal;
8. No remedial action;
9. Drilling new wells;
10. Treatment of the contaminated water supply, by methods such as air stripping or filtration; and/or
11. Any other remediation in accordance with N.J.A.C. 7:26E.
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-3.4 - Reductions in costs eligible for compensation if alternative water supply actually constructed exceeds requirements for provision of adequate alternative water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a WSSC is a claim for compensation for the cost of a water well or wells, the amount otherwise eligible for compensation from the Fund shall be reduced as follows:
1. The amount eligible for compensation from the Fund shall be reduced by the following amount:
RA = AC - NC
where:
i. RA equals the amount of the reduction;
ii. AC equals the cost (including without limitation construction costs, design and engineering costs, and finance charges incurred in the design and construction of the water well or wells) of the water well or wells actually constructed; and
iii. NC equals the cost (including without limitation construction costs, design and engineering costs, and finance charges incurred in the design and construction of the water well or wells), estimated by the Department after consideration of the report submitted under (a)2 below, of constructing the water well or wells with the minimum capacity necessary to supply potable water to the affected area. Such minimum necessary capacity shall be the amount required to satisfy the users' requirements set forth in (d) below.