New Jersey § 58:10a-37

§ 58:10a-37.

a. Monies in the fund shall be allocated and used to provide financial assistance

only to (1) eligible owners or operators of regulated tanks in this State in order

to finance the eligible project costs of the upgrade or closure of those regulated

tanks as may be required pursuant to 42 U.S.C. s.6991 et seq. or P.L.1986, c. 102 ( C.58:10A-21 et seq. ); (2) eligible owners and operators of petroleum underground storage tanks in this

State in order to finance the eligible project costs of remediations that are necessary

due to the discharge of petroleum from one or more of those petroleum underground

storage tanks ; (3) eligible owners or operators of petroleum underground storage tanks in this

State that are not regulated pursuant to P.L.1986, c. 102 ( C.58:10A-21 et seq. ) or 42 U.S.C. s.6991 et seq. in order to finance the eligible project costs of the replacement or closure of those

tanks; and (4) eligible owners or operators of regulated tanks in this State who

have 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. ) in order to finance an improvement or replacement of a regulated tank . Priority for the issuance of financial assistance from the fund, and the terms and

conditions of that financial assistance, shall be based upon the criteria set forth

in this section. b. Upon a determination that an application for financial assistance meets all established

criteria for the award of financial assistance from the fund, the authority shall

approve the application. Prior to December 22, 1998, the authority may approve only those applications given

priority pursuant to paragraphs (1) and (2) of this subsection or pursuant to subsections

c. and f. of this section, but the authority may receive, file, and deem complete

any application for financial assistance it receives prior to that date. Upon the authority's approval of an application for financial assistance, the authority

shall award financial assistance to an applicant upon the availability of sufficient

monies in the fund. When monies in the fund are not sufficient at any point in time to fully fund all

applications for financial assistance that have been approved by the authority, the

authority shall award financial assistance to approved applicants, notwithstanding

the date of approval of the application, in the following order of priority: (1) Upgrades of regulated tanks required to be upgraded pursuant to 42 U.S.C. s.6991 et seq., and including any necessary remediation at the site of the regulated tank, shall

be given first priority; (2) Closure of any regulated tank required to be upgraded pursuant to 42 U.S.C. s.6991 et seq., and including any necessary remediation at the site of the regulated tank, shall

be given second priority; (3) Upgrades of regulated tanks required to be upgraded pursuant to P.L.1986, c. 102

( C.58:10A-21 et seq. ), but not pursuant to 42 U.S.C. s.6991 et seq., and including any necessary remediation at the site of the regulated tank, shall

be given third priority; (4) Any necessary remediations at the sites of petroleum underground storage tanks

other than those given priority pursuant to paragraph (1), (2), or (3) of this subsection

shall be given fourth priority; (5) Closure of any regulated tank required to be upgraded pursuant to P.L. 1986, c.

102 ( C.58:10A-21 et seq. ), but not pursuant to 42 U.S.C. s.6991 et seq., shall be given last priority. c. Notwithstanding the priority for the award of financial assistance set forth in

subsection b. of this section, whenever there has been a discharge, and the discharge

poses a threat to a drinking water source, to human health, or to a sensitive or significant

ecological area, an approved application for the award of financial assistance for

the remediation and upgrade or closure, if necessary, shall be given priority over

all other applications for financial assistance. d. The priority ranking of applicants within any priority category enumerated in paragraphs

(1), (2), (3), (4), and (5) of subsection b. and in subsection c. of this section

shall be based upon the date an application for financial assistance is filed with

the authority as determined pursuant to section 6 of P.L.1997, c. 235 ( C.58:10A-37.6 ). e. Whenever a facility consists of petroleum underground storage tanks from more than

one priority category as enumerated in paragraphs (1) through (5) of subsection b.

of this section, and subsection c. of this section, all the petroleum underground

storage tanks at that facility shall be accorded the priority that would be accorded

the highest priority petroleum underground storage tank at that facility. f. Notwithstanding the priority rankings established in this section, one-tenth of

the amount annually appropriated to the Petroleum Underground Storage Tank Remediation,

Upgrade and Closure Fund shall be used to provide financial assistance to owners or

operators of petroleum underground storage tanks used to store heating oil for onsite

consumption in a residential building, in order to finance the eligible project costs

of remediations that are necessary due to the discharge of heating oil from those

petroleum underground storage tanks. The authority shall provide financial assistance pursuant to this subsection notwithstanding

the owner or operator's ability to obtain commercial loans for all or part of the

financing. The priority ranking of applicants for these funds shall be based upon the date

an application for financial assistance is filed with the authority as determined

pursuant to section 6 of P.L.1997, c. 235 ( C.58:10A-37.6 ). If the authority does not receive qualified applications for financial assistance

from owners and operators of petroleum underground storage tanks used to store heating

oil for onsite consumption that meet the criteria set forth in this act and in any

rules or regulations issued pursuant thereto, sufficient to enable the award of financial

assistance an amount equal to one-tenth of the amount annually appropriated to the

fund in any one year as required pursuant to this subsection, the authority may award

that financial assistance in the order of priority as provided in this section. In addition to the monies dedicated pursuant to this subsection, the authority may

award financial assistance to an owner or operator of a petroleum underground storage

tank used to store heating oil for onsite consumption when the criteria enumerated

in subsection c. of this section are met.