NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
SITE REMEDIATION PROGRAM
Notice of Rule Proposal
Processing of Damage Claims Pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act, Proposed Readoption with Amendments: N.J.A.C. 7:1I
Take notice that the NJ Department of Environmental Protection is proposing to readopt rules, and rule amendments to the Processing of Damage Claims Pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act (Landfill Claims rules), N.J.A.C. 7:1I. The Legislature established the Sanitary Landfill Facility Closure and Contingency Fund (the SLF Fund) when it enacted the Sanitary Landfill Facility Closure and Contingency Fund Act, N.J.S.A. 13:1E-100 et seq., (the SLF Act) in 1981. The purpose of the SLF Fund is to provide compensation for damages resulting from the improper operation or closure of sanitary landfill facilities. The fund is “strictly liable for all direct and indirect damages, no matter by whom sustained, proximately resulting from the operations or closure of any sanitary landfill.” N.J.S.A. 13:1E-106a. Historically, the SLF Fund has paid claims predominantly to individual homeowners who have suffered losses due to improperly operated and improperly closed landfill facilities after the homeowners have exhausted all other reasonably available sources for compensation. The SLF Fund is also utilized by the Department to finance priority cleanups at severely contaminated landfill sites.
The proposal is scheduled to be published in the New Jersey Register dated July 20, 2009. A copy of the proposal(PDF) is available from the DEP web site; official repository libraries; and LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.
Written comments may be made by September 18, 2009 to:
NJ Department of Environmental Protection
Leslie W. Ledogar, Esq.
ATTN DEP Docket Number: 10-09-06/703
Office of Legal Affairs
PO Box 402
401 East State Street, 4th Floor
Trenton, New Jersey 08625