Environmental Claims Administration
In July 1987, NJDEP created the Environmental Claims
Administration (ECA). ECA is currently responsible for administering the
Spill Compensation Fund, the claims processing aspects of the Sanitary
Landfill Contingency Fund and the Hazardous Discharge
Site Remediation Fund. Since 1980, nearly $49 million in state funds
have been paid for 5,493 claims to compensate persons, companies or municipalities
for their losses. This includes compensation to homeowners for the cost
of replacing or treating well water that has become contaminated through
no fault of their own. Several of these claims involve remedial actions
where work was performed and claims were paid either to individual property
owners or municipalities.
Revenues for the Spill Fund are obtained from a tax
levied on the petroleum and chemical industries by the State of New Jersey.
The Spill Fund administrator authorizes compensation from the Spill Fund
to individuals, businesses and government units that have suffered direct
or indirect damages from the dischrge of petroleum products or other hazardous
substances. These damages include, but are not limited to, the cost of
restoring, repairing or replacing real estate or personal property, and/or
loss of income or tax revenue. The Spill Fund does not pay damage claims
for discharges that occurred prior to the Act's effective date except
for private, residential well contamination.
A common form of damage would involve a homeowner's
cost of connection to a municipal water supply after discovering that
his or her well is contaminated with hazardous substances. A claimant
has one year from the date he or she discovers the damage to submit a
claim to ECA.
ECA is also responsible for the claims made through
the Sanitary Landfill Facility Contingency Fund, which obtains its revenues
from a tax on waste disposal in landfills. This fund provides compensation
for damages resulting from the improper closure of any governmentally
approved sanitary landfill. It includes damages to real estate or personal
property, including the reduction in fair market value of such property,
damage to natural resources, and personal injuries, including medical
expenses and other costs deemed necessary by NJDEP.
ECA processes both Spill Fund and Sanitary Landfill
claims in a similar manner. A claim form is
available for download. You can download the form by clicking on the underlined
name and following the download instructions specific to your browser.
The claim form should be completed and returned to ECA via certified mail.
For questions concerning ECA, the Spill Fund and Sanitary Landfill Fund,
please call 609-777-0101. |
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