Agenda - Council - 10/25/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I 24 APPENDIX A SOLID WASTE ENVIRONMENTAL COMPENSATION FUNDS IN OTHER STATES NEW JERSEY SANITARY LANDFILLS FACILITY CLOSURE AND CONTINGENCY FUND ACT EFFECTIVE JANUARY 1, 1982 The Sanitary Lanfill Facility Closure and Contingency Fund Act guarantees funds for the proper closure of landfill facilities in New Jersey. It provides a mechanism for prompt and adequate compensation for damages and for monitoring and preserving public health and safety from the improper operation or closure of landfill facilities. LANDFILL CLOSURE AND CONTINGENCY TAX A tax of $0.15 per cubic yard of waste or $.002 per gallon of liquid waste is levied upon the owner or operator of every sanitary landfill facility. All tax revenues credited to Sanitary Landfill Contingency Fund. The fund is a non-lapsing, revolving fund administred by the N.J. Department of Environmental Protection {NJDEP). The fund will provide compensation for damages and for monitoring and preserving public health and safety from the improper operation or closure of a sanitary landfill facility. ESCROW ACCOUNT FOR CLOSURE The owner or operator of a landfill facility must also establish an interest-bearing escrow account with an accredited New Jersey financial institution to ensure adequate funding for proper closure of the land- fill. The amount to be deposited in the account is equal to $0.30 per ~bic yard of solids or $0.004 per gallon of liquid of all solid waste accepted for disposal during the preceeding month. An audit of the account must be filed annually with the NjDEP. THE SANITARY LANDFILL CONTINGENCY FUND The fund is strictly liability for all direct and indirect damages, no matter by whom sustained, proximately resulting from the operations or closure of any sanitary landfill. Damages include but are not limited to real or personal property damage; restoring or replacing natural resources (i.e., potable water supply); personal injuries, medical expenses or loss of income; and the costs of the design, construction, installation, opera- tion and maintenance of any device or action deemed, necessary by the NJDEP to clean up, remedy, monitor or analyze any threat to the public health, safety or welfare. Claims against the fund must be filed within one year of the date of discovery of damage. Procedures for filing claims will be determined in rules to be promulgated by NJDEP.