New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31G - HAZARDOUS DISCHARGE SITE REMEDIATION FUND › Subchapter 1 - HAZARDOUS DISCHARGE SITE REMEDIATION FUND › Section 19:31G-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise:
"Act" means P.L. 1993, c. 139, as amended and
					 supplemented.
"Applicant" means a municipality, county, redevelopment
					 entity, company, firm, non-profit organization, an individual, corporation,
					 partnership, or other private business entity which has been determined by the
					 Department to be eligible for financial assistance or a grant under the
					 Fund.
"Authority" means the New Jersey Economic Development
					 Authority.
"Brownfield development area" means an area that has been
					 so designated by the Department, in writing, pursuant to section 7 of P.L.
					 1993, c. 139 as amended.
"Brownfield site" means any former or current commercial or
					 industrial site that is currently vacant or underutilized and on which there
					 has been, or there is suspected to have been, a discharge of a
					 contaminant.
"Community collaborative initiative" means the partnership
					 established between the New Jersey Department of Environmental Protection and
					 the Authority, where Department staff are assigned to work directly with
					 Department-designated communities to address environmental and redevelopment
					 issues.
"Department" means the New Jersey Department of
					 Environmental Protection.
"Discharge" shall have the same meaning as set forth at
					 N.J.A.C. 7:26E, Technical Requirements for Site Remediation.
"Eligible project" means a project determined by the
					 Department to be eligible to apply to the Authority to receive financial
					 assistance or a grant from the Hazardous Discharge Site Remediation
					 Fund.
"Financial assistance" means loans and loan
					 guarantees.
"Fund" means the Hazardous Discharge Site Remediation
					 Fund.
"Innocent party" means a person who:
1. Acquired the real property prior to December 31, 1983
					 and continues to own the real property at least until the Authority renders
					 final approval to the grant;
2. Demonstrates that the hazardous substance or hazardous
					 waste that was discharged at the real property was not used by that person, or
					 by any person that had permission to use the site from the applicant;
					 and
3. Certifies that the applicant or any person that had
					 permission to use the site from the applicant did not discharge any hazardous
					 substance or hazardous waste at an area where a discharge is discovered.
"Members" means the members of the Authority.
"Non-profit organizations" mean 501(c)3 corporations
					 pursuant to Section 501(c)3 of the Federal Internal Revenue Code, 26 U.S.C.
					 § 501(c)3, that are exempt from taxation pursuant to section 501(a) of the
					 Federal Internal Revenue Code, 26 U.S.C. § 501(a).
"Person" means any individual, corporation, company,
					 partnership, firm, or other private business entity and shall not include
					 non-profit organizations.
"Preliminary assessment" shall have the same meaning as set
					 forth at N.J.A.C. 7:26E.
"Public entities" means municipalities, counties and, as
					 defined in this section, redevelopment entities.
"Qualifying person" means any person who has a net worth of
					 not more than $ 2 million.
"Recreation and conservation purposes" means the use of
					 lands for beaches, biological or ecological study, boating, camping, fishing,
					 forests, greenways, hunting, natural areas, parks, playgrounds, protecting
					 historic properties, water reserves, watershed protection, wildlife preserves,
					 active sports, or a similar use for either public outdoor recreation or
					 conservation or natural resources, or both.
"Redevelopment entity" means any redevelopment entity
					 authorized to exercise government powers pursuant to section 4 of P.L. 1992, c.
					 79 (40A:12A-4 ).
"Remediation" shall have the same meaning as set forth at
					 N.J.A.C. 7:26E.
"Remediation funding source" means the methods of financing
					 the remediation of a discharge.
"Renewable energy generation" means:
1. Electric energy produced from solar technologies,
					 photovoltaic technologies, wind energy, fuel cells, geothermal technologies,
					 wave or tidal action, methane gas from landfills, a resource recovery facility,
					 a hydropower facility or a biomass facility, provided that the biomass is
					 cultivated and harvested in a sustainable manner, and provided further that the
					 Commissioner of the Department of Environmental Protection has determined that
					 the resource recovery facility, hydropower facility or biomass facility, as
					 appropriate, meets the highest environmental standards and minimizes any
					 impacts to the environment and local communities; and
2. Energy produced from solar thermal or geothermal
					 technologies.
"Site investigation" shall have the same meaning as set
					 forth at N.J.A.C. 7:26E.