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 2 - CLAIMS GENERALLY
Section 7:1I-2.2 - Burden of proof
Current through Register Vol. 56, No. 6, March 18, 2024
(a) 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. No claimant shall be entitled to payment from the Fund unless the claimant shows by a preponderance of the evidence that the damages sustained are a proximate result of the improper operation or improper closure of a sanitary landfill facility.
(b) A claimant shall affirmatively rebut any and all reasons for denial as stated in a Notice of Intent (NOI) to deny pursuant to 7:1I-5.4 or a Denial pursuant to 7:1I-5.5.
