N.J. Admin. Code § 19:31-11.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 19:31-11.3 - Eligibility

(a) Financial assistance from the fund may be made for eligible projects to:

1. Eligible owners or operators to finance eligible project costs of an upgrade or closure of a regulated tank pursuant to 42 U.S.C. §§ 6991 et seq. or 58:10A-21 et seq., provided that they owned or operated the subject tank as of December 1, 2002 and continually thereafter or inherited the property from a person who owned the property as of that date;

2. Eligible owners or operators to finance eligible project costs of remediation due to the discharge of petroleum from one or more tanks, provided that, in the case of regulated tanks, they owned the tank(s) at the time of closure;

3. Eligible owners or operators of regulated tanks that are not operational to finance the closure and remediation of those tanks for 18 months after the date of discovery of the tank, or June 30, 2010, whichever is later;

4. Eligible owners or operators of regulated tanks to finance eligible project costs of closure and remediation if the application is filed with the Department by June 30, 2010, and the application fee is received by the Authority and the application is deemed complete by December 31, 2010;

5. Eligible owners or operators of regulated tanks who have met the upgrade requirements pursuant to 42. U.S.C. §§ 6991 et seq. or P.L. 1986, c. 102 (58:10A-21 et seq.) may qualify for a loan in order to finance an improvement or replacement of a regulated tank to meet State and Federal standards;

6. Category 5 and 6 eligible owners or operators of petroleum underground storage tanks with a capacity of 2,000 gallons or less used to store heating oil for onsite consumption in a nonresidential building where no remediation is required may qualify for a grant to finance eligible project costs of closure and replacement, provided that the tank was not previously replaced with a grant from the Fund;

7. Eligible owners or operators in Category 5 and 6 may qualify for a grant to finance eligible project costs of closure or remediation of a petroleum underground storage tank; and

8. Eligible owners or operators of petroleum underground storage tanks used to store heating oil for onsite consumption in a residential building may qualify for a grant to finance eligible project costs of closure or closure and replacement. To the maximum extent possible, the eligible owner or operator shall replace the tank with an aboveground tank.

N.J. Admin. Code § 19:31-11.3

Amended by R.2004 d.347, effective 9/20/2004.
See: 36 N.J.R. 2616(a), 36 N.J.R. 4322(a).
In (a), added 3.
Amended by R.2010 d.285, effective 12/6/2010.
See: 42 N.J.R. 2019(a), 42 N.J.R. 2969(a).
Rewrote the section.