Environmental Claims AdministrationIn 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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