NJSA 58:10B-6(a)(2)(a(iii)

• Must have 1) tax sale certificate, 2) acquired through foreclosure or similar means, 3) own site or 4) pass a resolution to acquire site for redevelopment or recreation/conservation purposes.
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed.

Municipalities, Counties & Redevelopment Entities ^[1]

NJSA 58:10B-6(a)(2)(a(ii)

Remedial Action

Affordable housing or Recreation/ Conservation purposes

50% of RA for affordable housing

Program cap of $5M per year ^[2]

• No ownership interest required
  NJSA 58:10B-6 (a)(2)(b)
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed
• Rec./Cons. Grants-property must be preserved for conservation or recreation through a development easement or conservation easement or other restriction/easement restricting development

1. Applicant still subject to $3M cap per year
2. EDA can only award a cumulative total in grants of $5M per year for remedial actions involving recreation/conservation end uses or affordable housing

BDA sites

NJSA 58:10B-6(a)(2)(a(i)

• No ownership interest required
  NJSA 58:10B-6 (a)(2)(b)
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed
• Rec./Cons. Grants-property must be preserved for conservation or recreation through a development easement or conservation easement or other restriction/easement restricting development
• No ownership interest required
  NJSA 58:10B-5(f); and -6 (a)(2)(b)
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed
• Lien (for the amount expended for remedial action costs) placed on property if municipality, county or redevelopment entity does not acquire site.

Innovative technology, unrestricted & limited restricted use remedy^[3]
NJSA 58:10B-6(a)(5)(b)

$250,000 cap^[4] per project

• Must own site
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed

3. Limited restricted use remedial action is any RA that requires the continued use of institutional controls but not require the use of engineering controls; Unrestricted use remedial action is any RA that does not require the continued use of engineering or institutional controls in order to meet the established health risk or environmental standard.
4. Applicant still subject to $3M cap per year

Imminent & significant threat
NJSA 58:10B-6(a)(2)(a)(v)

• Must have 1) tax sale certificate, 2) acquired through foreclosure or similar means, 3) own site or 4) pass a resolution to acquire site for redevelopment or recreation/conservation purposes via voluntary conveyance.
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed

Loans

PA/SI/RI is completed
NJSA 58:10B-6(a)(2)(a)(iv); and 6(a)(2)(b)

• Must own site^[5]
  NJSA 58:10B-6(a)(2)(b)
• Must pass redevelopment plan or a realistic opportunity must exist that the site will be redevelopment within 3 years after the remediation is completed

5. No loans or grants for remedial action shall be awarded until the municipality, county or redevelopment entity owns the real property (except for sites within a BDA, or sites where the end use is recreation/conservation or affordable housing

Innocent Party ^[7]
NJSA 58:10B-6(a)(4)

• Acquired site prior to December 31, 1983
• Hazardous substance/waste was not used by applicant
• Applicant did not discharge any hazardous substance/waste at area where discharge is discovered
  NJSA 58:10B-6a(4)

6. Persons is defined as an individual, corporation, company, partnership, firm, or other private business entity
7. Applicant must meet innocent party criteria established at NJSA 58:10B-6(a) 4 that are outlined in the special conditions section above

Qualifying Persons

Grants

Innovative technology, unrestricted & limited restricted use remedy ^[8]
NJSA 58:10B-6(a)(5)(b)

Remedial Action

25% of the “project costs” for the RA that is specifically for the use of innovative technology or an unrestricted/ limited restricted use

$250,000 cap ^[9] per project

• “Qualifying person” means any person who has a net worth of not more than $2M
• “Project costs” means that portion of the total costs of a remediation that is specifically for the use of an innovative technology, or to implement an unrestricted/limited restricted use remedial action
  NJSA 58:10-5a(6)

8. Limited restricted use remedial action is any RA that requires the continued use of institutional controls but not require the use of engineering controls; Unrestricted use remedial action is any RA that does not require the continued use of engineering or institutional controls in order to meet the established health risk or environmental standard
9. Applicant still subject to $1M cap per year

• Eligible to the extent that applicant is not capable of establishing a remediation funding source
  NJSA 58:10B-6c

• Eligible to the extent that applicant is not capable of establishing a remediation funding source
  NJSA 58:10B-6c

Exempt from demonstrating the ability to establish remediation funding source
NJSA 58:10B-5A(1); 58:10B-6c

Loans

Discharge of Hazardous Substance/
Spill Act
NJSA 58:10B-5(b), 10B-6(a)(2)(b)

Eligible to the extent that applicant is not capable of establishing a remediation funding source NJSA 58:10B-5A(1); 58:10B-6c

NJSA 58:10B-25.3

All of the limitations and conditions for the award of loans and grants to municipalities shall apply to the award of grants to non profit organizations

10. Non profits described in section 501(c)(3) of the federal Internal Revenue Code that are exempt from taxation pursuant to section 501(a)
11. Criteria for program to be developed by DEP in consultation with EDA

END NOTES

1. Awards can only be made for sites on which there has been or is suspected to be a discharge of a hazardous substance/waste