New Jersey § 58:10a-37

§ 58:10a-37.

a. (1) The authority may award financial assistance from the fund to an eligible owner

or operator in the form of a loan or a conditional hardship grant as provided in this

section. An award of financial assistance, either as a loan or a grant, or a combination

of both, may, upon application therefor, be for 100% of the eligible project costs,

except as provided in paragraph (1) of subsection c. and in subsections h. , j. and k. of this section. However, a loan that any applicant may receive from the fund for an upgrade, remediation,

or closure, or any combination thereof, for any one facility, may not exceed $2,000,000,

except as provided below, and a grant that any applicant may receive from the fund

for any one facility, may not exceed $500,000. A loan that an applicant may receive from the fund for a remediation of a discharge

that poses a threat to a drinking water source may not exceed $3,000,000. (2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary,

an eligible owner or operator of a facility located within an area designated as a

Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), a designated center as

designated pursuant to the “State Planning Act,” sections 1 through 12 of P.L.1985,

c. 398 ( C.52:18A-196 et seq. ), or the Highlands Region designated pursuant to section 7 of P.L.2004, c. 120 ( C.13:20-7 ), may receive a loan in an amount not to exceed $3,000,000 and a grant in an amount

not to exceed $1,000,000 for each facility so located. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection to

the contrary, an applicant that is an independent institution of higher education

may receive a grant from the fund for the eligible project costs of a remediation

of a discharge from a petroleum underground storage tank in an amount not to exceed

$1,500,000 for each independent institution of higher education. The maximum total amount in grants that an independent institution of higher education

may receive pursuant to this section and subsection i. of section 7 of P.L.1997, c.235 ( C.58:10A-37.7 ) shall not exceed $1,500,000. b. A public entity applying for financial assistance from the fund may only be awarded

financial assistance in the form of an interest free loan. c. An applicant, other than a public entity, may apply for and receive a conditional

hardship grant for the upgrade, closure or remediation as provided in paragraph (1)

of this subsection or for a remediation as provided in paragraph (3) of subsection

a. of this section, or a loan for an upgrade, closure or remediation as provided in

paragraph (2) of this subsection, provided that an applicant for a conditional hardship

grant or a loan for an upgrade may be eligible for financial assistance only for any

underground storage tank with a capacity of over 2,000 gallons used to store heating

oil for onsite consumption in a nonresidential building that has received an extension

of the deadline for compliance with the standards pursuant to subsection b. of section

9 of P.L.1986, c. 102 ( C.58:10A-29 ). Financial assistance awarded an applicant pursuant to this subsection may consist

entirely of a conditional hardship grant, a loan for an upgrade, a loan for a closure,

or a loan for a remediation, or any combination thereof, except that the total amount

of the award of financial assistance shall be subject to the per facility dollar limitation

enumerated in subsection a. of this section. Notwithstanding any other provision of this subsection to the contrary, no tax exempt,

nonprofit organization, corporation, or association shall be awarded a conditional

hardship grant pursuant to paragraph (1) of this subsection, provided that an independent

institution of higher education, 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, may be awarded a conditional hardship grant pursuant to paragraph

(1) of this subsection or a grant pursuant to paragraph (3) of subsection a. of this

section, as appropriate. (1) A conditional hardship grant for eligible project costs of an upgrade, closure

or remediation shall be awarded by the authority based upon a finding of eligibility

and financial hardship and upon a finding that the applicant meets the criteria set

forth in this act. In order to be eligible for a conditional hardship grant for closure or upgrade, in

the case of a regulated tank, the applicant shall have owned or operated the subject

regulated tank as of December 1, 2002 and continually thereafter or shall have inherited

the property from a person who owned the regulated tank as of that date. In order to be eligible for a conditional hardship grant for remediation, in the

case of a regulated tank, the applicant shall have owned or operated the subject regulated

tank at the time of tank closure. No applicant shall be eligible for a conditional hardship grant if the applicant

has a taxable income of more than $250,000 or a net worth, exclusive of the applicant's

primary residence and pension, of over $500,000. Any applicant with a taxable income of more than $200,000 who qualifies for a grant

shall be required to pay no more than $1,000 of the eligible project costs. Notwithstanding the eligibility requirements for net worth and income, an independent

institution of higher education, 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 shall be eligible for a conditional hardship grant for eligible project

costs of a closure or remediation of a petroleum underground storage tank. A finding of financial hardship by the authority shall be based upon a determination

that an applicant cannot reasonably be expected to repay all or a portion of the eligible

project costs if the financial assistance were to be awarded as a loan. The amount of an award of a conditional hardship grant shall be the amount of that

portion of the eligible project costs the authority determines the applicant cannot

reasonably be expected to repay. In making a finding of financial hardship for an application for the upgrade, closure,

or remediation of a petroleum underground storage tank, where the petroleum underground

storage tank is a part of the business property of the owner, the authority shall

base its finding upon the cash flow of the applicant's business, whether or not any

part of the applicant's business is related to the ownership or operation of that

petroleum underground storage tank. In making a finding of financial hardship for an application for the upgrade or

remediation of a petroleum underground storage tank, where the petroleum underground

storage tank is not a part of the business property of the owner, the authority shall

base its finding upon the applicant's taxable income in the year prior to the date

of the application being submitted. If the authority awards a conditional hardship grant in combination with a loan pursuant

to this subsection, the authority shall release to the applicant the loan monies prior

to the release of the conditional hardship grant monies. Conditional hardship grants awarded to an applicant shall be subject to the lien provisions

enumerated in section 16 of P.L.1997, c. 235 ( C.58:10A-37.16 ). (2) A loan to an eligible owner or operator for the eligible project costs of an upgrade,

closure, or remediation shall be awarded by the authority only upon a finding that

the applicant other than a public entity is able to repay the amount of the loan. In making a finding of an applicant's ability to repay a loan for the upgrade, closure,

and remediation of a regulated tank, or for the remediation of a discharge from a

petroleum underground storage tank, the authority shall base its finding, as applicable,

upon the cash flow of the applicant's business, the applicant's taxable income and

the applicant's personal and business assets, except that the authority may not consider

the applicant's primary residence as collateral, except that the authority may consider

the applicant's primary residence as collateral with the permission of the applicant

or where the subject petroleum underground storage tank or regulated tank is located

at the primary residence. d. The authority shall, where applicable, require an applicant applying for financial

assistance from the fund to submit to the authority the financial statements of the

applicant's business for three years prior to the date of the application, the most

recent interim financial statement for the year of the application, the applicant's

federal income tax returns, or other relevant documentation. e. Nothing in this section is intended to alter the priority or criteria for awarding

financial assistance established pursuant to section 4 of P.L.1997, c. 235 ( C.58:10A-37.4 ). f. An eligible owner or operator may only be awarded that amount of financial assistance

issued as a loan for which the applicant demonstrates he could not qualify for and

obtain as a commercial loan. The provisions of this subsection shall not apply to an owner or operator of a petroleum

underground storage tank used to store heating oil for onsite consumption in a residential

building, to an independent institution of higher education, or to a duly incorporated

volunteer fire, ambulance, first aid, emergency, or rescue company or squad. g. An eligible owner or operator of a regulated tank in this State 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 in order to finance an improvement or replacement of a regulated

tank to meet State and federal standards. h. (1) In the case of a closure of a petroleum underground storage tank used to store

heating oil for onsite consumption in a residential building in this State where no

remediation is required, an eligible owner or operator may receive a grant for the eligible project costs in an amount consistent with the cost guidelines established by the department pursuant to section

4 of P.L.2009, c. 134 ( C.58:10A-37.5b ) and in effect at the time the closure is performed . (2) In the case of a replacement and closure of a petroleum underground storage tank

used to store heating oil for onsite consumption in a residential building in this

State where no remediation is required, an eligible owner or operator may receive

a grant for the eligible project costs in an amount consistent with the cost guidelines established by the department pursuant to section

4 of P.L.2009, c. 134 ( C.58:10A-37.5b ) and in effect at the time the replacement and closure is performed . (3) If an eligible owner or operator applies for a grant pursuant to this subsection

prior to the completion of the project and the authority determines that the eligible

owner or operator qualifies for the grant, the authority shall issue written confirmation

that the eligible owner or operator will receive the grant upon completion of the

project. The written confirmation shall be valid for 45 days from the date of issuance. Any eligible owner or operator who has received written confirmation pursuant to

this subsection and fails to submit the relevant documentation, certification or other

information required by the rules and regulations adopted by the authority pursuant

to section 8 of P.L.1997, c. 235 ( C.58:10A-37.8 ) before the expiration of the confirmation shall submit a new application for review. (4) No person shall be eligible for grant monies 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. i. In the case of a closure and replacement of a petroleum underground storage tank

used to store heating oil for onsite consumption in a residential building in this

State, to the maximum extent feasible, the owner or operator shall replace the petroleum

underground storage tank with an aboveground tank. j. In the case of a closure or replacement of a petroleum underground storage tank

with a capacity of 2,000 gallons or less, used to store heating oil for onsite consumption

in a nonresidential building that is owned or operated by 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 by a duly incorporated volunteer fire, ambulance, first aid, emergency, or rescue

company or squad, where no remediation is required, the eligible owner or operator

may receive a grant for the eligible project costs of the closure or replacement in

an amount consistent with the cost guidelines developed by the department pursuant

to section 4 of P.L.2009, c. 134 ( C.58:10A-37.5b ) and in effect at the time the closure or replacement is performed. No person shall be eligible for grant monies from the fund pursuant to this subsection

if the underground storage tank was previously replaced using a grant from the fund. k. 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

in this State, an eligible owner or operator may receive a grant in an amount equal

to the actual costs incurred by the department or an authorized agent thereof, and

borne by the eligible owner or operator, except that no award of financial assistance

shall be made from the fund for administrative costs incurred by the department.