N.J. Admin. Code § 7:1J-6.1

Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:1J-6.1 - Time for filing of claims

Claimants shall submit any claims to the Department not later than one year after the date of discovery. 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 under N.J.A.C. 7:1J-4, the date of discovery of damages is the date when property is sold, unless the requirements of 7:1J-4.6 or 4.7 apply. If a claimant fails to submit a 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 discharge or threatened discharge.

N.J. Admin. Code § 7:1J-6.1

Amended by R.1998 d.67, effective 1/20/1998.
See: 29 New Jersey Register 4365(a), 29 New Jersey Register 4594(a), 30 New Jersey Register 336(b).
Added a second sentence.
Amended by R.1999 d.91, effective 3/15/1999.
See: 30 New Jersey Register 4157(a), 31 New Jersey Register 763(a).
Inserted a new second sentence.