New Jersey § 13:1e-106

§ 13:1e-106.

a. The fund shall be strictly liable for all direct and indirect damages, no matter

by whom sustained, proximately resulting from the operations or closure of any sanitary

landfill. These damages shall include, but not be limited to: (1) The cost of restoring, repairing or replacing any real or personal property damaged

or destroyed; (2) The cost of restoration and replacement, where possible, of any natural resource

damaged or destroyed, including any potable water supply; (3) The cost of any personal injuries, including medical expenses incurred and income

lost as a result thereof; and (4) The costs of the design, construction, installation, operation and maintenance

of any device or action deemed necessary by the department to clean up, remedy, mitigate,

monitor or analyze any threat to the public health, safety or welfare of the citizens

of this State, including the installation and maintenance of methane gas monitors

and vents and leachate monitoring wells and collection systems, and the sampling and

analysis of any public or private potable water supply. b. In the event that the total of claims awarded exceeds the current balance of the

fund, the immediate award shall be paid on a pro rata basis, and all claimants paid

on a pro rata basis shall be paid, as determined by the department, on a pro rata

share of all moneys received by the fund until the total amount of the proven damages

is paid to the claimants. The department may also provide, by regulation, priority for the payment of claims

based on extreme hardship or extreme existing or imminent hazard.