New Jersey § 58:10a-37

§ 58:10a-37.

As used in this act: “ Applicant ” means a person who files an application for financial assistance from the Petroleum

Underground Storage Tank Remediation, Upgrade, and Closure Fund for payment of eligible

project costs of a remediation due to a discharge of petroleum from a petroleum underground

storage tank, for payment of eligible project costs of a replacement or closure of

a petroleum underground storage tank that is not regulated pursuant to P.L.1986, c.

102 ( C.58:10A-21 et seq. ) or 42 U.S.C. s.6991 et seq., and for payment of eligible project costs of an upgrade or closure of a regulated

tank; “ Authority ” means the New Jersey Economic Development Authority established pursuant to P.L.1974,

c. 80 ( C.34:1B-1 et seq. ); “ Closure ” means the proper closure or removal of a petroleum underground storage tank necessary

to meet all regulatory requirements of federal, State, or local law; “ Commissioner ” means the Commissioner of Environmental Protection; “ Department ” means the Department of Environmental Protection; “ Discharge ” means the intentional or unintentional release by any means of petroleum from a

petroleum underground storage tank into the environment; “ Eligible owner or operator ” means (1) any owner or operator, other than the owner or operator of a petroleum

underground storage tank storing heating oil for onsite consumption in a residential

building, who owns or operates less than 10 petroleum underground storage tanks in

New Jersey, who has a net worth of less than $3,000,000 and who demonstrates to the

satisfaction of the authority, the inability to qualify for and obtain a commercial

loan for all or part of the eligible project costs, (2) the owner or operator of a

petroleum underground storage tank storing heating oil for onsite consumption in a

residential building, (3) a public entity who owns or operates a petroleum underground

storage tank in New Jersey, (4) an independent institution of higher education that owns or operates a petroleum

underground storage tank , or (5) a nonprofit organization, corporation, or association with not more than

100 paid individuals that is qualified for exemption from federal taxation pursuant

to section 501(c)(3) of the federal Internal Revenue Code , 26 U.S.C.s.501(c)(3) , or a duly incorporated volunteer fire, ambulance, first aid, emergency, or rescue

company or squad ; “ Eligible project costs ” means the reasonable costs for equipment, work or services required to effectuate

a remediation, an upgrade, or a closure which equipment, work or services are eligible

for payment from the Petroleum Underground Storage Tank Remediation, Upgrade, and

Closure Fund. In the case of an upgrade or closure of a regulated tank, eligible project costs

shall be 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. s.6991 et seq. or P.L.1986, c. 102 ( C.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 in subsection g. of section 5 of P.L.1997, c. 235 ( C.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. In the case of a remediation, replacement, or closure of a petroleum underground

storage tank that is unregulated pursuant to P.L.1986, c. 102 ( C.58:10A-21 et seq. ) or 42 U.S.C. s.6991 et seq., eligible project costs shall include the cost to replace a tank with an above-ground

or underground storage tank. 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 ( C.40:55D-1 et seq. ) do not allow for residential use. Eligible project costs shall 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 the

effective date of P.L.1997, c. 235 ; “ Facility ” means one or more operational or nonoperational petroleum underground storage tanks

under single ownership at a common site; “ Financial assistance ” means a grant or loan or a combination of both that may be awarded by the authority

from the fund to an eligible owner or operator as provided in section 5 of P.L.1997, c. 235 ( C.58:10A-37.5 ); “ Independent institution of higher education ” means those institutions of higher education incorporated and located in this State,

which, by virtue of law or character or license, are nonprofit educational institutions

empowered to grant academic degrees and which provide a level of education which is

equivalent to the education provided by the State's public institutions of higher

education as attested by the receipt of and continuation of regional accreditation

by the Middle States Association of Colleges and Schools, and which are eligible to

receive State aid under the provisions of the Constitution of the United States and

the Constitution of the State of New Jersey. “Independent institution of higher education” does not include any educational institution

dedicated primarily to the preparation or training of ministers, priests, rabbis,

or other professional persons in the field of religion; “ Operator ” means any person in control of, or having responsibility for, the daily operation

of a facility; “ Owner ” means any person who owns a facility; “ Person ” means any individual, partnership, corporation, society, association, consortium,

joint venture, commercial entity, or public entity, but does not include the State

or any of its departments, agencies or authorities; “ Petroleum ” means all hydrocarbons which are liquid at one atmosphere pressure (760 millimeters

or 29.92 inches Hg) and temperatures between -20 F and 120 F (-29 C and 49 C), and

all hydrocarbons which are discharged in a liquid state at or nearly at atmospheric

pressure at temperatures in excess of 120 F (49 C) including, but not limited to,

gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes,

crude oil, and purified hydrocarbons that have been refined, re-refined, or otherwise

processed for the purpose of being burned as a fuel to produce heat or usable energy

or which is suitable for use as a motor fuel or lubricant in the operation or maintenance

of an engine; “ Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund ” or “ fund ” means the fund established pursuant to section 3 of P.L.1997, c. 235 ( C.58:10A-37.3 ); “ Petroleum underground storage tank ” means a tank of any size, including appurtenant pipes, lines, fixtures, and other

related equipment, that normally and primarily stores petroleum, the volume of which,

including the volume of the appurtenant pipes, lines, fixtures and other related equipment,

is 10% or more below the ground. “Petroleum underground storage tank” does not include: (1) Septic tanks installed or regulated pursuant to regulations adopted by the department

pursuant to “The Realty Improvement Sewerage and Facilities Act (1954),” P.L.1954,

c. 199 ( C.58:11-23 et seq. ) or the “Water Pollution Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ); (2) Pipelines, including gathering lines, regulated under 49 U.S.C. s.60101 et seq., or intrastate pipelines regulated under State law; (3) Surface impoundments, pits, ponds, or lagoons, operated or regulated pursuant

to regulations adopted by the department pursuant to the “Water Pollution Control

Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ); (4) Storm water or wastewater collection systems operated or regulated pursuant to

regulations adopted by the department pursuant to the “Water Pollution Control Act”; (5) Liquid traps or associated gathering lines directly related to oil or gas production

and gathering operations; (6) Tanks situated in an underground area, including, but not limited to, basements,

cellars, mines, drift shafts, or tunnels, if the storage tank is situated upon or

above the surface of the floor, or storage tanks located below the surface of the

ground which are equipped with secondary containment and are uncovered so as to allow

visual inspection of the exterior of the tank; and (7) Any pipes, lines, fixtures, or other equipment connected to any tank exempted

from the provisions of this definition pursuant to paragraphs (1) through (6) above; “ Public entity ” means any county, municipality, or public school district, but shall not include

any authority created by those entities; “ Regulated tank ” means a petroleum underground storage tank that is required to be upgraded pursuant

to P.L.1986, c. 102 ( C.58:10A-21 et seq. ) or 42 U.S.C. s.6991 et seq. ; “ Remediation ” means all necessary actions to investigate and clean up any known, suspected, or

threatened discharge of petroleum, including, as necessary, the preliminary assessment,

site investigation, remedial investigation, and remedial action, as those terms are

defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ); “ Upgrade ” means the replacement of a regulated tank, the installation of secondary containment,

monitoring systems, release detection systems, corrosion protection, spill prevention,

or overfill prevention therefor, or any other necessary improvement to the regulated

tank in order to meet the standards for regulated tanks adopted pursuant to section

5 of P.L.1986, c. 102 ( C.58:10A-25 ) and 42 U.S.C. s.6991 et seq.