Environmental

In NJ, the 'rebuttable presumption' under the Spill Act means that:

AThe DEP is always right

BThe current owner of contaminated property is presumed liable for cleanup costs, but may rebut this by proving they did not discharge the hazardous substance✓ Correct

CAll contamination is presumed to be naturally occurring

DThe DEP must prove fault before ordering cleanup

Explanation

Under the NJ Spill Act, the current owner of property where a discharge occurred is presumed liable for remediation costs. They can rebut this presumption by demonstrating they did not cause or contribute to the discharge.

People Also Study

Key Terms to Know

Right of First Refusal

A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.