Hot Environmental Topics

Septic systems are underground onsite wastewater treatment structures that use a combination of natural and technological processes to treat wastewater from household plumbing produced by bathrooms, showers, kitchen drains,  and laundry. The process typically begins with solids settling within the septic tank and ends with wastewater treatment in the soil via the leachfield (end point of the system).

The system begins with the waste pipe exiting the structure and leads to a septic tank that is baffled and collects solids and transfers greywater through the tank to the leach field. The greywater exiting the tank goes to a distribution box (D-box) where the one pipe feeding it from the tank is discharged to multiple discharge pipes that lead to a leach field where the water is filtered into the ground.

Some key points to know about these systems.

• Every septic system will fail and needs to be replaced, as the greywater that feeds the leach field has microscopic solids that will clog the filtration bed of the field, requiring replacement. $40,000 or more is not out of line to replace the leachfield.
• You may have someone saying their system was replaced; you need to obtain this documentation, as their definition of “system” may just be one component of the system, say the D-box or the leachfield. Items that were not replaced will likely need replacement in the future so do not accept verbal documentation; request the actual quote and invoice for the septic work, including permits.
• Request copies of the pump-out receipt for the tank. The larger the dwelling and the number of occupants, will be pumped out. You can request the owner contact their septic pump company and request records for several years TO VERIFY THE FREQUENCY. More frequent is better than less.
• Septic inspection is a recommended part of buyer due diligence New Jersey Septic Inspections, LLCNJ Septic Inspections, LLC, is one such company that we have found to be reasonable and professional.
• Repairs to a system can require local and county permits and can take weeks, likely delaying settlement.

Generally speaking, it is cheaper to be connected to a Municipal Utilities Authority than owning a septic system.

If you do not have a septic system and are connected to city sewer. Sewer line scopes are very popular and money-saving. Rarely do people replace their septic line. Even insurance offered for these lines does not afford coverage to replace the whole line, they will typically cover just a broken section, which is typically found via sewer scope or other camera inserted into the line. The rub with this is that lines can have systemic issues, meaning if there is a break in one section, other breaks may be forming in oth
ers. These repairs are bandages on a larger problem.

Roots, settlement, age, and usage compromise sewer lines. Nothing lasts forever. We find that the plumber will snake a sewer line for the homeowner annually to remove roots that have invaded the pipe. These lines clearly indicate that services are masking a larger problem, which is that the sewer line needs replacement. A sewer line replacement can cost $10,000 plus or minus, so you can see the advantage of having a sewer line scope. Finding a damaged sewer line during your due diligence has a high rate of return if you compare the cost of inspection against sewer line replacement.

Buying a house with a propane tank requires checking tank ownership, identifying the fuel supplier, and inspecting the system's condition. Tanks are either leased from a local company or owned outright with the property. Out-of-service propane tanks are a hazard because they store a flammable liquid that, in gas form, is heavier than air.

If the propane supplier owns the tank, you are obligated to purchase propane from them. If you stop using them, you are responsible for removal of the tank from the ground to allow the supplier to reclaim their tank. If the propane tank is abandoned, the prior propane supplier, even if they own the tank, will likely abandon you, and you will be tasked with paying for both tank removal and disposal, including any remaining propane.

When buying a house with an abandoned propane tank, your top priority is to determine the legal owner of the tank before closing. Unlike buried oil tanks, propane does not contaminate groundwater if it leaks, but it is a liability hazard, and your insurance company may have issues with an abandoned propane tank. Propane is heavier than air; older propane tanks that are not being maintained can leak, allowing propane to run along the ground surface, and if an ignition source is found, things can go very bad. When you hear about a house having an explosion, oftentimes you will find it was from an unmanaged propane tank.

The number one reason propane tanks are left abandoned in the ground is due to cost of decommissioning the tank. Decommissioning a propane tank is dangerous as you must manage the propane gas itself. In fact, an empty reading on a propane tank can still have 10% of the tank volume remaining. Meaning a 1000-gallon propane tank that reads empty can have 100 gallons of propane.

While a propane leak will not harm the environment like an oil tank leak, it is a hazard, and decommissioning the tank is a danger to your bank account.

We have been contacted by countless new homeowners who bought a house with an out-of-service propane tank. The husband typically has a dream of connecting the tank to a propane grill and never buying propane again. This dream never materializes, as the tank is never near the grill area and the wife of more sound mind doesn’t want a large tank containing flammable gas to be removed from the property. Calls to local propane suppliers find that they do not own the tank and want nothing to do with it. To be fair, the tank was likely serviced by Joe’s Propane, who got purchased by Mega National Propane Company. Well, since Mega National Propane Company doesn’t sell propane to the home any longer, they have zero interest in doing anything with the tank. That's where Curren Environmental comes in, we have decommissioned thousands of these abandoned tanks. We do it to prepare a home for sale, during the sales process as the buyer wants it removed, and lastly for new homeowners who didn’t realize the out-of-service propane tank was an issue.

 Did you know that many homes built before 1978 have lead-based paint, and lead was also used in stains and varnishes? Lead from paint, chips, and dust can pose serious health hazards when ingested or inhaled. Young children are particularly vulnerable, as they put everything in their mouths and lead paint tastes sweet.

 Deteriorated lead-based paint, such as peeling, chipping, chalking, cracking, or damaged paint, is a hazard and needs immediate attention. Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as windows and window sills, doors and door frames, stairs, railings, banisters, and porches.

Lead-based paint is usually not a hazard if it is in good,  intact condition and if it is not on an impact or friction surface like a window  

Before renting or buying a pre-1978 home or apartment, federal law requires sellers, landlords, agents, and rental property managers to:

Disclose known information about the presence of lead-based paint or lead-based paint hazards (or state there is none)

Provide all available records and reports on lead-based paint and lead-based paint hazards (or state there are none)

Include a specific warning statement about lead-based paint

Give buyers up to 10 days to have a certified inspector or risk assessor check for lead. 

The above is known as Title X and is rarely followed, meaning executed by parties involved in a real estate transaction.  people take a  Laissez-faire  "hands off" approach.  Meaning, sure, the house may have lead in it, but we like the house.  Well, this approach is not protective of human health; knowing there is a hazard does not necessarily protect you from the hazard.

If you want your house evaluated for lead and lead hazards, you will be better able to manage the hazard and protect your family.   Knowing where a hazard is and if it presents an immediate hazard is a more practical approach, but it requires a trained professional to evaluate a property for said hazards.

 Hire a certified lead professional to get your home tested for lead in several different ways:

 A lead-based paint inspection tells you if your home has lead-based paint and where it is located. It won’t tell you whether your home currently has lead hazards or how to deal with them.  A portable x-ray fluorescence (XRF) machine is used to test surfaces, with immediate results.

You can also perform a risk assessment, which tells you if your home currently has any lead hazards from paint, dust or soil, and what actions to take to address any hazards. 

You can also do a combination inspection and risk assessment, which is typically referred to as a Lead Paint Survey, which is an abridged survey that tests likely suspect areas for lead paint, such as children's rooms, playroom, hallways, areas where lead paint may become liberated, and where an exposers pathway is present.

Confused?  Don't be -  call the lead professionals.

tells you if your home has any lead-based paint, if it has any lead hazards and where both are located 

Mold in your blood work?

Where there is water there can be mold. Mold is a by product of excess moisture.

Mold in the blood, or invasive mold infections (IMIs), occurs when fungal spores enter the body. People with weakened immune systems can get invasive mold infections (IMIs). For example if you are immunocompromised you will be more susceptible.

Specialized blood tests can detect mold DNA or antibodies (IgG/IgE) to identify mold exposure. Testing for example could find Aspergillus, a type of mold.. Most IMIs are caused by breathing in (inhaling) mold spores which are readily airborne.

Part of the life cycle of molds is the production or off gassing created by the active growth of mold. Compounds produced by mold consist of Microbial Volatile Organism Compounds (MVOCs) and mycotoxins.

If you have water damaged building materials,i you should expect some form of airborne toxin indoors. The levels will be higher and humans more suspectable to indoor expose to these toxins, simple because indoors you are recycling air where outdoors you experience a dilution factor to the toxins.

If have been tested and mold markers were found in your lab work, you need to evaluate for the presence of mold. This typically starts with a mold inspection and air sampling of your home to determine if mold is present. Expect multiple air samples all of which will be obtained in rooms you frequent, such as your bedroom, family room, kitchen, basement, etc. The findings will rule out areas for mold exposer or find the smoking gun so to speak.

It is documented that mycotoxin exposure can cause immune dysregulation, neurological disorders, cancer, and other health issues. How can you be exposed to molds toxic off gassing? Well it depends on the environment where the mold is growing.

For example let’s say you have mold testing performed and mold is found and one of the molds is Stachybotrys. This mold needs constant water to grow and its presence underscores a long term water issue. That said this spore creates satratoxin which is a trichothecene mycotoxin. Yes, its sounds bad and it is, exposure causes neurotoxicity and inflammation in the brain and induces apaptosis of the olfactory sensory neurons. Exposure can also cause fatigue, headaches, nosebleeds, pulmonary hemorrhage, chest pain, moist dermatitis, and fever.   It is also a wet sticky spore so more likly to be an irritantant when enghaled.

Let’s take a more ubiquitous spore, Cladosporium. Cladosporium when found in elevated concentrations in air samples they are a significant allergen. For asthmatics and people with respiratory diseases they are a large concern. . Cladosporium also produces microbial volatile organic compounds (MVOCs), which are neurotoxic. Exposure to humans can cause severe headaches, seizures, and sleepiness.

Aspergillus which is commonly found growing on building materials including wood and sheetrock can cause immune suppression and is carcinogenic. It is toxic to cells (cytotoxic) and is a hemolytic mycotoxin, meaning it can destroy red blood cells.

My point being is that exposure to mold is often an overlooked health hazard, although the health hazard is well documented.  Properties are bought and sold without having a professional mold inspection performed. We find mold issues in one way shape or form in approximately 70% of the sites we inspect. Some have very minor issues, some are more significant. But all issues were only found from performing a professional evaluation.

Mold Questions?

Call the experts

888-301-1050

EPA Implements New Lead Dust Standards, which Take Effect January 12, 2026.

Lead is a neurotoxin that can irreversibly harm brain development in children, lower IQ, cause behavioral problems, and lead to lifelong health effects. It also affects other organs, including the liver and kidneys.

Because Lead is so harmful, the EPA has lowered the standard to be more protective of human health.

• Dust-lead hazard standards (DLHS): Testing is required for any reportable levels of lead
• Dust-lead clearance levels (DLCL):
• The new levels are 5 µg/ft2 for floor dust
• 40 µg/ft2 for windowsill sill dust
• 100 µg/ft2 for window troughs

The rule changes the game on lead in the following ways:

Increased Lead Abatement Needs:

Lead abatement contractors must meet stricter cleanliness standards after renovation or abatement activities, requiring more thorough cleaning.

Key Definition Changes:

The rule replaces "dust-lead hazard standards" with "dust-lead reportable levels" and "dust-lead clearance levels" with "dust-lead action levels".

Real Estate Mandatory Disclosure:

If a test shows levels above the new threshold, it is considered a lead hazard, which must be disclosed to potential tenants or buyers.

The rule reduces the level is allowed when a lead-abatement contractor finishes work on a property where lead has been identified as a problem. These levels would be 5 micrograms per square foot on the floor and 40 micrograms per square foot for sills.

Pertaining to the New Jersey Lead Safe Law, dust wipe towns will have to meet the new standards. Sites that fail the visual inspection have to perform a dust wipe after the hazard is addressed and meet the new standards.

New Jersey has until January 11, 2027, to utilize the new stricter standard. Landlords subject to the law must be more vigilant in property maintenance. Many sites that passed previously have avea high probability of failure under the new standard.

As the following chart shows levels have dropped by ½ on some surfaces.

Property owners, lead-based paint professionals and government agencies may identify dust-lead hazards in residential and childcare facilities built before 1978 after learning that a child living there has a high blood lead level, or because of requirements for housing receiving federal funding, among other reasons. If lead abatement is needed, EPA’s

Lead Background

Although the federal government banned lead-based paint for residential use in 1978, it is estimated that 31 million pre-1978 houses still contain lead-based paint, and 3.8 million of them have one or more children under the age of six living there. Lead-contaminated dust is one of the most common causes of elevated blood lead levels in children, and even low levels of exposure can be harmful. Lead dust commonly results when lead-based paint deteriorates or is disturbed. Due to normal behaviors such as crawling and hand-to-mouth activities, young children are particularly at risk of higher exposure to ingesting this lead-containing dust.

Historically, EPA set the same standard for the level of lead found in dust from old paint that has to be reported and the amount of lead that can remain in dust on floors, windowsills and window troughs after a lead paint abatement occurs. This action decouples the two levels, which were last updated in 2019 and 2021, respectively. This is being done in accordance with a May 2021 Ninth Circuit Court of Appeals opinion, which explains that dust-lead reportable levels (previously called dust-lead hazard standards) must be based solely on health factors, while the dust-lead action levels (previously called dust-lead clearance levels) must consider the additional factors of safety, effectiveness and reliability. Today’s rule aligns both standards with the best available science, further strengthening EPA’s efforts to protect children from lead hazards.

Environmental property inspections started with Superfund. The first standardized Phase I Environmental Site Assessment (ESA) was published by the American Society for Testing and Materials (ASTM) in 1993 as ASTM E1527-93. While informal environmental audits emerged in the 1980s following the 1980 CERCLA/Superfund legislation, the industry-standardized practice was formally developed to meet "all appropriate inquiries" requirements desired by lenders.

In theory, commercial properties bought and sold since the 1990’s would have had a Phase I or Phase II completed. Since Phase I has a shelf life of 180 days or 6 months, many properties would have had a few environmental inspections under their belt. Following this logic, as long as the operation of the property did not have an environmental impact to the property, subsequent inspections should not encounter issues.

Unfortunately, what I wrote is wishful thinking; environmental evaluations have gotten better over the years, and it is fairly common to find that older reports missed things. 1030 exchanges often circumvented environmental due diligence and old school purchases (read we did no environmental) side-stepped a Phase II ESA and therefore missed any Phase II testing. Curren Environmental is coming across an endless stream of properties that have never had environmental inspections performed, due to negligence. These sellers are taken back by buyers who want environmental inspection and associated testing. The rub is in today’s environment, lenders and buyers require environmental inspections, and anything that is found is the responsibility of the seller, even if historic contamination is found that was caused by a long-gone owner/operator of the site.

Environmental regulations are unfair and place environmental cleanup on the owner of the property, not the one who caused the contamination. Of the sites we come across with contamination, the owners who step up and address their obligation, however unfair, get their properties sold faster. The owners who bury their head in the sand, drag out transactions, and buyers walk away.

Bottom line, if the property you are selling doesn’t have a recent Phase I or has never had recommended Phase II testing, you would be best served to get ahead of things and complete an environmental evaluation. The huge advantage of this approach is that you will sell the property faster. You can also price the property sale, taking into account the money you spent on environmental evaluation and cleanup. You can’t do that after a property goes under contract.

If you have real estate-related environmental questions, Curren can provide answers and guidance.

Call the Due Diligence Experts

We get this request weekly. Someone wants to buy a house that has a buried oil tank. Sometimes the tank is being used, other times the tank is no longer in service. Let me cut to the chase, NO, you cannot accurately inspect the tank, it’s buried and is rusting, which no one can see, but you know it's true. Every buried tank will fail. When you fill up your vehicle at the gas station, those tanks have corrosion protection and very expensive monitoring and leak detection systems.

If you have a buried tank that is being used and it’s older than 20 years, remove and replace it. If you are buying the property, negotiate with the seller to remove and replace the tank and offer monies to perform this work, payable at settlement. While you may not want to open your wallet any further, you did ask about paying for an inspection of the tank, so use that money for removal and replacement.

If you have a buried tank that is not being used on a property you are buying, request that it be removed and soil sampling be completed during removal. The tank is a financial liability that someone ignored and wants to pass the problem to you.  For a matter of reference, a small tank leak can cost $10,000 to $15,0000. Removing an oil tank, maybe around $20,000.00

We just had someone call asking about inspecting an out-of-service buried tank on a property they want to buy. Turns out there is a new oil tank in the basement, which they installed to replace the perfectly functioning buried tank. Good money was wasted installing a new tank because the buried tank is fine. Excuse my sarcasm, the new tank 99% of the time was installed because the buried tank was having issues and the owner didn’t dig up the tank because they don’t want to find a problem. They would rather ignore the issue and pass it along to the next person.

Truth be told, we do test buried tanks, and we remove them in three states. But time and time again, testing is a waste of money, and the better financial approach is to remove and test the tank this 100% removing the liability of the tank in the future and is 100% accurate.

Tank Questions?

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888-303-1050

Phase I ESA Peer Reviews

What is a Phase I Peer review?

It is a professional review of the ESA report to confirm that they meet industry benchmarks for pre-acquisition due diligence.   In short, it is a peer review to see if the research that is crucial to the Phase I was properly interpreted and if there are necessary next steps to complete, aka a Phase II, which is testing. A peer review is typically done when a Phase I is brought to a transaction, and it is completed by a third party not associated with the buyer or lender.

What is a Phase I Environmental Site Assessment?

AKA ESA, or Phase I ESA, is completed to research potential environmental liabilities regarding the current and historical uses of a property as part of a commercial real estate transaction.  The report is meant to assess if current or historical property uses may have impacted the soil or groundwater beneath the property, and whether the property has an environmental liability that the owner would be responsible for. The lender is subject to the potential liability if the mortgagee defaults.

It is safe to say most commercial properties should and do undergo a Phase I ESA prior to settlement. But some transactions fall apart, and new buyers swoop in and utilize the prior buyers' Phase I. This practice is fraught with issues.   Relying on a Phase I you do not own is subject to liability. Now you can obtain a reliance letter, so you have rights to the report, but how accurate is the report? That is when a Phase I Peer Review is performed.

A Peer Review will 100% of the time be completed at a desk, but some reports are so thin and loose on quality, a site walk is also necessary.  Case in point, the photo to the left. 

This photo shows a sale involved at a heavy equipment repair facility.  The Phase I report lacked clear detail on the work area where petroleum fluids would be encountered, and,  from experience, this was too big a data gap, so a site visit was also necessary. The photo was just one of many areas where staining was evident, the concrete floor was not intact (heavy equipment weighs a lot and concrete cracks), and yes, testing was required, and remediation was necessary. 

Curren completes thousands of Phase I peer reviews every year, and the quality varies widely. Inexperienced people miss issues that should be noted and investigated. Unfortunately, some of these reviews are completed years later, and anything that was missed is well past any recourse. Not as bad as it is when the Peer review is performed before settlement, and something was indeed missed that requires further evaluation, which means several weeks of delay in settlement.

Let me discuss two real-world scenarios.   A seller gave a buyer their Phase I, which they used to purchase a property through a 1030 exchange. Years later, the property is being sold, the prior Phase I is too old to use, and a new buyer completes a Phase I and Phase II, which leads to $64,000 of environmental cleanup that was associated with prior, not current, uses. In short, in Phase I, the buyer, now seller, relied upon missed issues.

Have due diligence questions?  

I can't think of a more boring title for an environmental blog, but crawlspace oil tank removal should rank in the top 10.  As boring as it is, old metal tanks that store petroleum compounds such as diesel or heating oil are ticking time bombs, as the low sulfur content of these fuels allows interior corrosion of the tank.  Exterior humidity/moisture causes the exterior of the tank to corrode, so you have two opposing forces generating rust, and when tank integrity breaches, oil will flow.  The average cleanup cost of an oil leak in a basement is $15,000. A crawlspace oil tank leak doubles that cost simply due to the limited access to a crawlspace.

I refer to abandoned tanks as deferred maintenance because it is a project that doesn't get addressed, and when the stored oil leaks, it is now an immediate problem, with a cost much higher than if the tank had been addressed before the leak occurred.  Curren has over 30 years of experience managing tank issues and crawlspace tanks while not a favorite, are part of our overall program.  Removing a crawlspace tank is less expensive than cleaning up a leak.

Let's walk through the process, a crawlspace no matter how nice yours is it is called a crawlspace because access is limited.  The access to the crawlspace to the left is through a small hatch in the floor.

Once you get into the crawlspace, you will see a tank on the other side of the area.   The tank was likely installed after the foundation was installed but before the floor was installed, meaning the tank is wedged into the area, a great reason why no one addressed this tank 10 years ago when they converted to natural gas.  Of course, Curren got called because an oil smell was permeating the home, because the tank finally started to leak.   Fortunately, the tank was on a rough finish concrete floor, but there were still physical issues in trying to remove the tank.   As you can see, we had to cut the HEAD or end of the tank off to access the tank for cleaning, and ultimately cut the tank into 8 pieces to remove it.

If you have an out-of-use metal oil tank, call Curren  

The metal is going to rust, oil is going to leak, you will then be forced to address the tank, which is going to cost more now because you have to clean up the oil from that empty tank.

Environmental regulations are simple and unfair.  Own a property with an environmental problem and you own the problem, even if you just bought the property and didn't know or cause the environmental problem.

That is why you do a tank sweep before you purchase a property, to look for undisclosed buried oil tanks.   Only one appropriate method should be used to perform a tank sweep, and that is Ground Penetrating Radar or GPR.  GPR is used on commercial properties, so you are using a commercial technology or approach to finding tanks, which translates to a moreeffective tank sweep.   GPR, in layperson's terms, sends radar signals into the ground which will reflect off of solid objects such as pipes, tanks, etc. You get a signal like in the photo, which represents an oil tank.

A tank sweep is due diligence, an evaluation to protect a buyer of a property.  Unfortunately, people do not know what they are getting, and a metal detector is commonly misused to perform a tank sweep, with inaccurate results.  Since metal detectors can only detect metal and provide no image, the data is open to misinterpretation.

The photo shows a small pile of metal pipes, which a tank sweep said was a tank.  Curren got permits to address the alleged tank and found old sewer pipes.  Thinking that perhaps the tank sweep mismarked the tank location, we performed further evaluation with the thought that there was indeed an oil tank.  

Further evaluation found a buried object with a FLAT top, which is not a signal for an oil tank, the area was excavated, and we found an old cesspool.   This rather large object apparently was missed by the metal detector, and we determined the presumed tank was actually the buried pipes.

GPR would have found the cesspool and determined the metallic signature was buried pipes, but since GPR was not used the owner had to spend time getting permitting and digging up his yard to not find an oil tank, but now they have an old cesspool to address as cesspools are a safety issue and are a disclosure when you list a home for sale.

If you want accurate tank sweep results, use GPR

If you need a professional to complete your tank sweep, call Curren