Section 58:10-23.11q - Payment of cleanup costs or damages arising from single incident

NJ Rev Stat § 58:10-23.11q (2019) (N/A)

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58:10-23.11q. Payment of cleanup costs or damages arising from single incident

Payment of any cleanup costs or damages by the fund arising from a single incident shall be conditioned upon the administrator acquiring by subrogation all rights of the claimant to recovery of such costs or damages from the discharger or other responsible party. The administrator shall then seek satisfaction from the discharger or other responsible party in the Superior Court if the discharger or other responsible party does not reimburse the fund. In any such suit, except as provided by subsection d. of section 8 of P.L.1976, c.141 (C.58:10-23.11g.), the administrator need prove only that an unlawful discharge occurred which was the responsibility of the discharger or other responsible party or that a hazardous substance was removed pursuant to subsection b. of section 7 of P.L.1976, c.141 (C.58:10-23.11f) for which the person was in any way responsible. The administrator is hereby authorized and empowered to compromise and settle the amount sought for costs and damages from the discharger or other responsible party and any penalty arising under this act.

L.1976,c.141,s.18; amended 1991,c.85,s.6.

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Section 58:10-23.11o - Disbursement of moneys from fund; purposes

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Section 58:10-23.11r - Awards in excess of current balance of fund; payment on pro rata basis; priorities