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-3.1 - Time for filing of claims

Universal Citation: NJ Admin Code 7:1I-3.1
Current through Register Vol. 56, No. 6, March 18, 2024

Claimants shall submit any claims to the Department not later than one year after the date of discovery of damages. 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, damages, if any, are incurred when the property is sold. Claims for property value diminution, therefore, must be filed within one year of sale of the property. If a claimant fails to submit any 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 improper operation or improper closure of the sanitary landfill facility.

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