New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31J - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE AND CLOSURE FUND › Subchapter 1 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE AND CLOSURE FUND › Section 19:31J-1.5 - Eligible project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				  assistance from the Fund may be made for eligible projects, as follows:
1. In the case of an upgrade or closure of a
				  regulated tank, eligible project costs are limited to the cost of the minimal
				  effective system necessary to meet all the regulatory requirements of Federal
				  and State law, except that an eligible owner or operator who has met the
				  upgrade requirements pursuant to 42 U.S.C. §§ 6991 et seq., or P.L.
				  1986, c. 102 (N.J.S.A. 58:10A-21 et seq.) may be
				  awarded a loan which shall not be limited to the cost of a minimal effective
				  system, in order to finance the costs of the improvement or replacement of
				  tanks to meet State and Federal standards as provided at subsection g. of
				  section 5 at
				  P.L.
				  1997, c. 235
				  (N.J.S.A.
				  58:10A-37.5). The limitation of eligible
				  project costs to the minimal effective system shall not be construed to deem
				  ineligible those project costs expended to replace a regulated tank rather than
				  to improve the regulated tank. An owner or operator may perform an upgrade or a
				  closure beyond the minimal effective system in which case the eligible project
				  costs that may be awarded from the Fund as financial assistance in the form of
				  a grant shall be that amount that would represent the cost of a minimal
				  effective system.
2. In the case of
				  a remediation, replacement, or closure of an unregulated tank, eligible project
				  costs shall include the cost to replace a tank with an aboveground or
				  underground storage tank.
3. In the
				  case of a remediation, eligible project costs shall not include the cost to
				  remediate a site to meet residential soil remediation standards if the local
				  zoning ordinances adopted pursuant to the Municipal Land Use Law, P.L. 1975, c.
				  291 (N.J.S.A. 40:55D-1 et seq.) does
				  not allow for residential use.
4.
				  No financial assistance may be awarded from the Fund for remediation if the
				  discharge began after completion of an upgrade intended to meet all applicable
				  upgrade regulations of the Department.
5. Except as set forth below in this
				  subsection, no award of financial assistance shall be made from the Fund for
				  the otherwise eligible project costs of a remediation, closure or an upgrade,
				  or parts thereof, completed prior to an award of financial assistance from the
				  Fund:
i. Eligible project costs may include
				  the cost of a preliminary assessment and site investigation, even if performed
				  prior to the award of financial assistance from the Fund, if the preliminary
				  assessment and site investigation were performed after August 30,
				  1997;
ii. Eligible project costs
				  may include reimbursement of expenditures incurred by eligible owners or
				  operators, from their own funds, for remediation efforts undertaken after
				  filing an application for financial assistance from the Fund for the eligible
				  project costs of the remediation;
iii. Eligible project costs may include
				  reimbursement of expenditures incurred by independent institutions of higher
				  education that have expended their own funds on a remediation prior to filing
				  an application for financial assistance from the Fund for expenditures for the
				  eligible project costs of the remediation made on or after December 1, 1996, in
				  an amount not to exceed $ 500,000 for each institution;
iv. Eligible project costs may include
				  reimbursement of expenditures incurred by owners and operators for closure, or
				  closure and replacement, of a petroleum underground storage tank used to store
				  heating oil for onsite consumption in a residential building where no
				  remediation is required prior to the completion of such work if the applicant
				  submits all of the information required pursuant to N.J.A.C. 19:31J-1.8 to the
				  Authority within 45 days of issuance by the Authority of a preliminary approval
				  letter;
v. Eligible project costs
				  may include reimbursement of expenditures incurred by an applicant for
				  remediation of a tank at the applicant's primary residence prior to filing an
				  application;
vi. Eligible project
				  costs may include reimbursement of expenditures incurred by an eligible owner
				  or operator in the case of an emergency remediation of a discharge from a
				  petroleum underground storage tank used to store heating oil for onsite
				  consumption in a residential building paid to the Department or its agent
				  (except for administrative costs); and
vii. Eligible project costs may include
				  reimbursement of expenditures made by Category 5 and 6 applicants for
				  remediation of a discharge caused by a tank with a capacity of 2,000 gallons or
				  less used to store heating oil for onsite consumption in a non-residential
				  building on or after October 1, 2009, but prior to the filing of an
				  application.
6. Once
				  financial assistance for an upgrade or closure is awarded for a facility, no
				  additional award of financial assistance for upgrade or closure costs may be
				  made for that facility. However, if an applicant discovers while performing
				  upgrade or closure activities that a remediation is necessary at the site of a
				  facility, and if financial assistance was previously awarded for that site only
				  for an upgrade or closure of a regulated tank, the applicant may amend its
				  application and apply for financial assistance for the required remediation
				  subject to the limitations enumerated in section 5 at
				  P.L.
				  1997, c. 235
				  (N.J.S.A.
				  58:10A-37.5).
7. An applicant shall not receive financial
				  assistance from this Fund if assistance was previously made under the Hazardous
				  Discharge Site Remediation Fund at that site.
8. No person shall be eligible for a grant
				  from the Fund to replace a petroleum underground storage tank that stores
				  heating oil for onsite consumption in a residential building if the tank that
				  stores heating oil for that residential building was previously replaced using
				  a grant from the Fund.