091508a

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Site Remediation Program

Notice of Rule Proposal
Processing of Damage Claims Pursuant to the Spill Compensation and Control Act, N.J.A.C. 7:1J

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt the Processing of Damage Claims Pursuant to the Spill Compensation and Control Act rules (Spill Fund) with amendments.  The Spill Fund rules establish procedures for claims against the Spill Fund for compensation for damages resulting from discharges of hazardous substances.  The proposal to readopt the rules includes several amendments to improve the efficiency of the processing of damage claims.  In addition, the Department is proposing use its Remediation Standards at N.J.A.C. 7:26D as the “applicable contaminant standard” to determine whether a damage has occurred and will add a provision that to allow the Administrator of the Fund to prioritize the payment of claims for potable water contamination and the vapor intrusion damages at residences and school/child care facilities.

The proposal is scheduled to be published in the New Jersey Register dated September 15, 2008.  A copy of the proposal is available from: https://njdepwptest.net/wp-content/uploads/rules/proposals/091508a.pdf; official repository libraries; 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 submitted by November 14, 2008 to::

NJ Department of Environmental Protection
Leslie W. Ledogar, Esq.
ATTN: 13-08-08/653
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625