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You recently had your oil tank removed and there were holes in the tank. However, there are no indications of soil contamination but the company that removed the oil tank filed a report to the New Jersey Department of Environmental Protection (NJDEP). You are unaware that you may have been naïve in choosing your oil tank removal company due to the fact that removing an oil tank hopefully would be a once in a lifetime event. At this point, you understand that clearly your tank removal contract should have included soil sampling, but it did not. You are also unaware that soil sampling must be completed, then the report is sent to NJDEP to close out the case number (assuming that it meets the state parameters for acceptable oil levels) and rescind the remedial action. 

Regarding what soil sampling is and how it is performed, there are permissible levels of oil that can remain in the ground and conversely there are levels that would require remediation. New Jersey regulations require that upon removal of an oil tank that has evidence of a leak, you are to obtain a minimum of 5 soil samples from the tank excavation (5 for a 500 gallon tank and 6 for a 1000 gallon tank). This is relative to your contract for tank removal. If the contract did not reference soil sampling, you can’t guarantee soil samples would be obtained. Soil samples are critical to assess the tank excavation for petroleum levels. The testing is meant to inform the property owner if indeed oil levels are present and remediation is warranted or that levels are within permissible limits and can be left in place. Now, you, as the owner of the oil tank that leaks can make an informed decision regarding remediation. 

If your tank removal contract does not include costs for soil sampling or discusses the possibility of finding a tank leak, it is pretty safe to assume that the tank removal company is looking to find a leaking tank and remediation.

In a situation where a tank is removed, found to be leaking and no soil sampling was performed, you should be concerned as to whether the soil needs remediation. All discharges are required to be reported to the NJDEP (If your tank contract doesn’t inform you that a tank leak is reportable, think again about who you are hiring).

Example of soil testing by soil borings. 

The only way you would know if your tank leak has petroleum contamination in the soil above or below NJDEP permissible limits is to have soil sampling performed. If all your samples are in compliance with NJDEP regulations you will receive a No Further Action (NFA) letter that will close out the NJDEP case number. This can be performed without having to perform actual remediation, which is typically soil removal.

Again, the tank removal contract should have addressed obtaining soil samples and what to do if a leak was noted. Remember, holes are never good in an oil tank and you rarely will see physical evidence of an oil discharge in a tank excavation, meaning you are not going to see oil or stained soils.

Expert advice with over two decades of tank removal experience. Curren Environmental, Inc.

What you should know about removing an oil tank.

Since the northeast part of the United States was part of the original Thirteen American Colonies  we have a longer history of oil heat than other parts of the country.  You can find oil heat in homes that were built before the mid 1980's going to 1900.  If you have a house circa 1800's or the early 1900's there is almost 100% certainty that oil heat was utilized at some point. Heating oil was stored in either aboveground storage tanks (ASTs) or underground storage tanks (USTs) for heating homes, and other commercial applications. Nearly 100% of oil tanks were constructed with steel, fiberglass wasn't even considered for commercial use until the 1970's and even then commercial use was limited and residential was near nonexistent. Rust never sleeps and all steel will corrode over time, buried tanks will corrode faster than aboveground tanks, thinner tanks faster than thicker tanks. The reduction of sulfur from heating oil to help with clean air actually increases biological activity in a tank and this bacteria can crease corrosive byproducts which can actually corrode a tank from the inside. 

It has been estimated that almost 100% of the buried oil tanks have exceeded their reasonable life span and should be replaced.  (The average warranty on a new tank is 20 years, a great roof has 40 year shingles, so you do the math). How long does an oil tank last?  The number for ASTs nearing retirement is closer to 50% as many of the AST are newer, having replaced older USTs.  Oil tanks are rarely ever replaced and almost never with another UST.  If a UST was replaced with an AST it was probably because there were issues with the UST taking on water or losing product.  To put tank age in perspective:

Home Built in 1980 = 39 year old tank

Home Built in 1970 = 49 year old tank

Home Built in 1960 = 59 year old tank

Home Built in 1950 = 69 year old tank

Compare tank life span to common wear and tear items:

Roof shingles last 20 to 40 years

Hot water heater 20 years on average

What you should know about removing an oil tank is that there is a possibility that the tank leaked and any buyer of the property  will want testing performed at time of removal to document that the tank didn't leak.  In short, do not buy a property that had an underground oil tank removed without a report documenting the removal and associated soil testing.

Common questions we get asked about buying a home with an oil tank:

Would I buy a house that:

Had oil tank removed with no soil testing or report, no.

Tank removed, owner has a page of lab day, no report, no.

Tank was filled in place with sand, no soil testing, no.

House has an in use underground oil tank, no 

If you want to know why no was the answer to each question, call our office and speak to a professional  856-858-9509.

For a property owner removing an oil tank, when they speak to firms concerning oil tank removal the possibilities of a leak and necessary soil testing should be discussed and put in writing as leaking tanks can spiral projects costs into the tens of thousands of dollars.  I say this as we get calls from people who had a tank removed and they feel a bait and switch occurred.  They never discussed the tank leaking, hired the cheapest company and after removal the company pointed out the smallest hole in the tank to owner and construction inspector to ensure they tank fails inspection.  What followed next was a $10,000.00 estimate for remediation, that's when our office gets called.

What you should know about removing an oil tank is it is a very complicated process, in particular in New Jersey.  In August of 2018 NJDEP revised regulations requiring 5 soil samples to be obtained from an oil tank that is removed and evidence of a leak is noted.  NJDEP Oil Tank Regulations August 2019  Our office has yet to see any tank removal proposal since August that references these new regulations and the required soil testing.  I know this as we get THE CALL from unhappy tank removal clients and the contracts they signed for tank removal are vague and ignore the steps you have to take if the tank leaks.

Why do NJDEP regulations require you to take five soil samples when a tank leaks?  The soil samples are meant to thoroughly evaluate the tank excavation for oil levels. You see rather than assume the tank leak requires remediation, the NJDEP wants you to test each sidewall and the bottom of the excavation, this allows you to make an informed decision as there are a couple possible outcomes from an oil tank leak, here are a few:

1. Oil tank leaks you acquire the five post removal soil samples all samples have oil but nothing above permissible limits.  No remediation, financial disaster avoided, although you do have to pay for the testing, NJDEP report and the $400.00 review fee.
2. Of the five soil samples acquired one is above permissible limits.  This is good and bad news.  Bad news you have to remediate, good news you know WHERE you have to remediate.
3. Tank leaks and you take no soil samples.  You assume all good as you have no testing data saying you exceed; tank firm assumes all bad and remediation required since they have no testing data saying all good.  The rub here is you the tank removal client is not supposed to know all the ins and outs of the regulations, which were not discussed with you prior o removal.  Even if your oil tank has a 1% of leaking, is it not important the scenario of  a tank leak be explained in writing to you?  If the answer is no, don't read any further.

Curren Environmental has been performing tank removal for over 20 years, in New Jersey, Pennsylvania and Delaware.  Our office will take the time to discuss your project answering all you questions and discussing the good and the bad.  A common statement we tell clients is we tell you what you don't want to hear, meaning we discuss the downsides meaning the leaking tank situations so you are at the least aware of the possibilities. When you receive a written scope of work from Curren what was discussed is in writing including soil sampling cost and NJDEP reporting if required. If you want a professional opinion, a professional tank removal and most important a professional report documenting the tank removal, call our office.

What is the process of the Notification of Requirements when an Underground Oil Tank Leaks (Discharges)?

There are many conflicting concerns regarding who makes the phone call for the notification of discharge to the NJDEP (New Jersey Department of Environmental Protection) when an Underground Oil Tank in the state of New Jersey is found to be leaking.  Is it the homeowner, or contractor who removed the tank?  Could it be the nosy neighbor watching from kitchen window in the next yard over?

Historically, the reporting of a discharge was the responsibility of a knowledgeable party.  Meaning if you knew you were supposed to report a leak, you were the individual who should do it.

The NJDEP amended and updated their Heating Oil Tank System Remediation Rules on August 6, 2018. According to those rules, "Upon discovery of discharge, the owner shall immediately notify the Department by calling the Department hotline at 1-877-WARNDEP (1-877-927-6337)".  The owner of the property where the underground oil tank is located, and where the leak (discharge) was discovered is legally required to call in the discharge to the NJDEP at time of discovery of the discharge. (7:26F-1.6 Notification Requirements).

There are other processes and concerns as well. That nosy neighbor may be concerned if your property is leaking oil onto theirs which is highly unlikely.  But the NJDEP has rules and regulations and in 7:26C-1.7 Notification and public outreach - "Immediately after discharges commences a person or persons responsible for a discharge who knows or should know of a discharge shall IMMEDIATELY notify the Department".  It is also noted that the person responsible for providing the remediation will notify the NJDEP if any of the of the following is identifiable on the site:

1. Contamination caused by a discharge that has not been already known to Department
2. An immediate environmental concern
3. Contamination, that was previously reported to Department has been determined to have migrated onto the site from another site.

(If the discharge occurred from an historic fill site the person is not required to notify the department regarding b and c above.)

What the NJDEP amended regulations are providing, is the owner of the underground oil tank, if the tank is to discharge oversees making the phone to the NJDEP (New Jersey Department of Environmental Protection) and providing the Department with the proper information regarding their tank and the discharge of the oil into the soil.

So when a property owner finds a leak that has occurred on their property, the leak should be reported by the owner. If you are buying a property and do testing and find contamination the contamination must be made aware to the owner so it can be reported. 

Bottom line discharges are required to be reported, if you know of a discharge and that it is not reported you need to report the discharge. 

Please don't hesitate to call Curren Environmental

 and we will answer any questions you may have regarding your Underground Oil Tanks.

How to remove an oil tank.

The northeast United States has a long history of oil heat. Oil tanks were commonly used starting in the early 1900s until the 1980s The EPA was not formed until 1970, so oil tanks and environmental regulations did not grow up together.  Today the liability of oil tank leaks is well known and both buyers and sellers

The concern regarding an oil tank is any tank has a chance to leak. If a tank leaks, there can be a cleanup expense involved. This expense falls upon the owner of the property at the time of discovery. Try selling a house with an oil tank and learn that the buyers want a home not an oil tank leak. The fact is a new tank today has a 10-year warranty (yes there are tanks with longer warranties, but those are quite expensive), so nearly all tanks in use today have reached what would be considered a reasonable life expectancy. Couple that with the fact that if your tank is leaking, it most commonly happens along the very bottom of the tank where the most corrosion occurs, so you would never actually detect that the tank is leaking. Quite frankly, no tank owner is going to miss drips of oil from a tank.

So, you have an old tank, a house you want to sell and a dilemma, do you remove the tank like a proactive reasonable person would do, or do you stick your feet in the sand and sell the house as is? Well rest assured your buyer has read this web site, or their attorney, or realtor has and they know the issues with oil tanks. We find a sale has to fall through 3 times or the house has to be on the market for 6 months or more before the seller accepts the fact that an oil tank is not as appealing as walk in closets and an open floor plan, buyers will take a hard pass.

So now the tank owner is looking to have the tank removed. A little internet search or a reference from someone leads them to a company happy to remove the tank. Cheapest price, absolutely that is what they want. Does the removal company even discuss the possible outcomes of the tank leaking? No they don't, they don't want to scare you and quite frankly you don't want to be scared, you're a tank expert, you know your tank isn't leaking and hey oil comes from the ground and you're pretty good about recycling so you're a green person.

Let me point out some pitfalls about removing your oil tank.

The cheapest price includes the worst service and you will wind up paying more in the end, 90% of the time. The cheap person wants to find a leaking tank because that is where the big costs are. Read the tank contract, it will be brief, but it needs to include the following and most will not.  We know this as we get many phone calls from people complaining about the firm that removed their oil tank.

Soil Sampling

You think you do not want it, but the buyer wants to know if the tank leaked how you know 100% is via soil testing. Like cholesterol, you do not know the levels unless you test.

You should always include sample acquisition and analysis with a tank removal. Samples on average cost $120.00 each or $240.00 on most tank removal sites. This is cheaper to do when you are on site to remove the tank. If you have to go back to the site and drill to obtain soil samples expect it to cost thousands. Sampling is even more important when a tank sweep is performed and a tank is found on a site, meaning, a tank that was not in use and not known to exist.

Hole found in the tank

Let us agree that things are not made to last forever, things wear out, is it really a shock to remove an oil tank that is 20, 30, 40, 50 years old and find a hole in it. I mean is that out of the realm of possibility? If you were not informed of this possibility, be prepared to be taken advantage of, tank leaks, not all of them but some. To manage expectations the company that removes your tank should explain what will happen if your tank does or does not leak. To be clear if there are holes in the tank, the local construction office will flag the tank as leaking and have you report the leak to the state. The reason being a hole in a tank is reasonable cause to believe that the tank leaked. So now, you are tasked with proving it did not leak or does not need remediation. In the meantime, the tank removal company will be giving you a quote that is many times more expensive to remediate the leak.

The tank had holes and you are told you must remediate.

If a tank leak is found you MUST test to see if levels are above or below standard.  If you do not test than it is going to be assumed you must remediate, prepare to open your checkbook.

If you have a tank leak and you test and oil levels are so high that you need to remediate then your next real step is to define the area requiring remediation, this is called delineation.

Delineation is meant to define the area of contamination (and verify that contamination exists). Smaller areas are faster and less expensive to define, larger areas take longer. Larger areas can extend across property boundaries and below structures, which can require overcoming access issues regarding sampling these areas. The first step which maybe the only step required is sampling immediately around the tank area.

Tank Closure Report

Did you know that commercial tanks all require a report to be submitted to the state to document the work? Why, the state wants to know if the tank leaked. Therefore, every company is used to completing reports of tank removal work. Clearly, any tank raises questions with owners/purchasers of a property, so why wouldn't you want a report of removal? You do and you should have a report, when contract. These reports explain the work in laymans terms regarding the tank work and if there was a leak, it will also outline why you do or do not need remediation. Having a report documenting that a removed tank did not leak is an important document to have.

Bottom line, every tank needs a report documenting removal. Be it a leaking tank or a non leaker, if your contract makes no reference to any report,  I wouldn't sign it.

Curren has completed thousands of tanks, one month we completed closure on 129 tanks. That said, we do not remove every tank in the tri-state area, but we get calls from property owners who hired someone else to remove their tank and they feel like they are being treated unfairly. Meaning they were unprepared to find that the tank leaked. In practice, I don't expect a property owner who has never removed an oil tank and never will again to be all knowing about the tank removals and tank leaks, but I expect the company performing the work to know and to clearly explain the process and the scenarios you can encounter.

The follow exert is from a tank removal contact from a company I would have run away from. Give it a quick read:

• Obtain necessary permit from municipality
• Phone in utility mark out to NJ One Call
• Excavate to expose tank
• Remove overburden soil covering UST
• Remove and dispose of concrete adjacent to UST.
• Saw cut the UST to allow for hand cleaning
• Properly clean the UST interior
• Remove the UST, and dispose of at a properly facility

This scope assumes the tank is not leaking. Bottom line the scope they gave was not meant to really satisfy you if the tank leaked, which was clearly a possibility. They don't even include soil sampling or a report so if the tank doesn't leak you don't get a report saying so. If the tank did leak, no sampling is include, which is so wrong, you need to test as every state allows a permissible amount of oil to remain, like cholesterol there are good and bad levels.  How else do you know if you need to remediate?

We can only hope you are reading this before you get your tank removed. If so, call our office you will walk away a lot more informed and better prepared to manage this project. If you are calling after your tank was removed and it leaked, call us, we can discuss your options. Most leaking tanks will require the contamination to be delineated, which we do. We can define your problem, develop costs to remediate as well as data to you that you can solicit other quotes for remediation.

Monday to Friday 8:00 am to 5:00 pm   888-301-1050

Residential heating oil tanks are regulated in New Jersey by the New Jersey Department of Environmental Protection (NJDEP). 

On August 6, 2018, the NJDEP adopted new rules governing the administrative and technical requirements for the remediation of a discharge of heating oil from Heating Oil Tank Systems (HOTS) (N.J.A.C. 7:26F). These proposed rule changes have been in the works for years. The old program was called UHOT, the new program is called HOTS.  Tank that fall into the NJDEP HOTS regulations are:

Residential Aboveground heating oil tanks (ASTs). 

Small Aboveground non-residential heating oil tank systems.

Underground Heating Oil Tank System (2,000 gallons or less in capacity).

Generally speaking most HOTS tanks are residential sites.

The idea behind a system for residential sites is to be able to expedite leaks associated with these tanks, as issues with leaking oil tanks arise during real estate transactions.  Ultimately following the HOTS program for a leaking tank will provide the RP (responsible party) typically the owner with a No Further Action  letter (NFA).

The main changes in the UHOT to HOTS regulations are as follows:

• When soils are present above NJDEP standards beneath a residential structure, up to 15 cubic yards can remain in place, which would require a HOTS deed notice. In short, the presence of the contamination would be noted on the deed.  Some buyers may be turned off by this contamination remaining which could affect the value of the property.
• Remedial excavation bottom samples are now determined by the size of the tank as opposed as to the size of the excavation. Previously the number of bottom samples was based on the excavation size J.A.C. 7:26F-3.4(a)2i(1) “ Collect one sample for every six feet of tank length or fraction thereof.  For a 550 gallon oil tank you would take four sidewalls and one bottom.  You would need additional bottom samples if the tank is longer than 6 feet.
• If a remedial excavation extends to within two feet of groundwater or bedrock, a ground water investigation is required;
• If groundwater is not encountered to a depth of 35 into bedrock after 24 hours, no further groundwater remediation is required.
• Confirmatory groundwater sampling is not required if initial ground water results are below the NJDEP Ground Water Quality Standards (GWQS) upon completion of the remediation.

Curren has completed thousands of tank projects, both simple tank removals and remediations.  If you have a HOTS question, contact our office, we offer a free initial consultation.

Monday to Friday 8 AM to 5 PM

888-301-1050