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

(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.