Oil tank sweeps are not required by law but are 100% prudent when buying a home built before 2000.  Oil tanks are a Recognized Environmental Condition (REC) and the liability or responsibility of cleaning up a tank leak occurs to the property owner.    An oil tank sweep is the best way to locate buried oil tanks.  Leaking oil tanks (Rust Never Sleeps) and improperly abandoned underground oil tanks are a financial liability and hazard.

Consider that a small oil tank leak can cost $10,000 and some soil remediations can exceed $100,000, oil tanks are a huge liability.

The soil remediation to the left cost $45,000, which included engineering and structural support of the building, restoration of concrete and stairs, and HVAC relocation. 

The oil tank was found buried and hidden under the stairs before purchase.  The buyer dodged a bullet on this one

An oil tank sweep is meant to protect a buyer from purchasing a property with an undisclosed oil tank that can leak and cost tens of thousands of dollars to remediate.   Now the hard part is getting a quality oil tank sweep.

The term oil tank sweep is like saying "I'll have a steak", there is a broad range of types & quality.     While price does not always denote quality, "You get what you pay for" rings true regarding oil tank sweep.

Oil tanks were installed in no standard fashion, size, or location on a property because they were installed by fuel oil dealers, plumbers, builders, and excavation contractors.    Over 30 years of removing oil tanks has allowed Curren Environmental to see this firsthand.   When you do an oil tank sweep you want the company to have years of experience removing oil tanks, and be currently licensed to remove oil tanks, because when you find an oil tank, people want a cost to remove it.

There is no licensing for individuals who perform oil tank sweeps and like hobbyist's treasurer hunters, most people incorrectly rely on a $1,000 metal detector to sweep for an oil tank.     You will find this approach when you get a cost under $300 for an oil tank sweep.   Metal detectors will pick up all metal and cannot differentiate between an oil tank and geology or surface metal like a fence of buried pipes.   

The below snip is from a metal detector scan,  this is the whole report, one page.  I have no idea how the house is heated, oil or gas, or if any evidence of an old buried tank was found inside the house because they do not reference if they went inside the house.

The photo to the left is the house where this oil tank sweep was completed.  The photo shows their metal detector on top of where they believe a tank is located, in the rear of the house.

This photo shows the view of the front of the house.  In the photo, two pipes are protruding from the side of the house.  These are pipes for a basement oil tank, although the one-page report doesn't state that the home is on oil heat but does state "No vent pipes, fill pipes or fuel distribution lines were found during the inspection."  A qualified company would note the basement oil tank which based on the age of the home increases the probability of a 2nd tank, which could be the metal object they found.  But follow me here the oil tank is in the rear of the house, and the existing tank is in front of the house.  That is weird because the oil tank wants to be near the heater and the more likely location for a buried oil tank would be near the basement oil tank but obviously on the outside of the house.  Turns out there was no buried tank just metallic soil.

The takeaway here is Ground Penetrating Radar (GPR) was not used to scan for an oil tank.  GPR is a commercial application, meaning it is used for commercial and more complex sites.   GPR provides a visual image of what is in the ground, cost is more in the $400, range but you get tens of thousands of dollars of sophisticated equipment that allows you to professionally scan a property.

Being licensed to remove oil tanks also helps.  It gives hands-on training to the technicians who scan for oil tanks.  Meaning after you find an undisclosed oil tank you can be involved with the removal of the oil tank so you verify what you found. 

New Jersey Lead Safe Law will be 2 years old in July of 2024.   The law is attempting to eliminate lead paint hazards inside rental properties in New Jersey.  Landlords are confused regarding what constitutes a Lead Hazard?  

the general definition of a Leda Hazard is as follows:  Lead-Based Paint Hazards: Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.

New Jersey's lead safe law is interior inspection only so, a lead hazard outside is not covered by the inspection, although technically if you have deteriorated exterior lead paint, that is a hazard, but I digress.    The lead hazard under the law is interior hazards.         

Your lead inspector who Likely is not an environmental consultant, saw damaged paint and flagged a lead hazard.    The photo to the left is deteriorated paint.

Deteriorated Paint means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.

Older properties have a near 100% chance of having some layer of lead paint, but realistically speaking that lead is covered by multiple coats of non-lead paint, since lead paint was banned in 1978.  

Lead-based paint is usually not a hazard if it is in good condition, and the paint is not on an impact or friction surface, such as a window. Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs attention. Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can reside on surfaces and objects that people touch.

New Jersey Lead Law assumes that for a visual inspection, any deteriorated paint going to be automatically assumed to be leaded paint and is a hazard and must be addressed.

Interim controls are a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards.

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If lead-based paint hazards are found during an inspection, the owner of the dwelling unit must remediate the lead-based paint hazard by using lead-based paint hazard control methods such as interim controls,  or abatement. Colloquially, remediation is often used synonymously with interim controls and does not include abatement; however, in the context of P.L.2021, c.182, encompasses both interim controls and abatement.

The general definition of a Lead Paint Hazard as per HUD is:

 Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.

The NJ Lead Safe Law P.L.2021, c.182, assumes all interior paint is lead paint, so deteriorated paint triggers a lead paint hazard.  The law allows an out for owners:

If deteriorated paint is found during the course of a visual assessment, the owner of a dwelling may elect to order a dust wipe inspection to confirm the presence of lead-based paint.  The wipe samples in this situation included window sill sampling as well as the floor below the deteriorated paint, both samples confirmed lead dust and exceeded applicable standards.

This law does not require or reference XRF to be included with a lead inspection, although use of an XRF could 100% confirm if the paint contains lead.    Owners can elect to have a limited XRF testing performed of the deteriorated paint, to show that the paint is indeed NOT LEAD-containing.   Since the lead law allows municipalities to have some flexibility in enforcing the lead law this approach would be contingent on the municipality accepting the argument get a lead-free cert based on XRF and be exempt so if an owner is willing to pay for XRF, it can be used.  The above photo shows a painted floor, which clearly is a new paint or coating and would not be expected to contain lead, testing of the paint can provide support that a lead hazard is not present. 

Environmental regulations are confusing, Curren Environmental has over 26 years helping clients navigate the regulatory landscape.  Call the lead experts:

856-858-9509

Mold is a byproduct of water or moisture.  Fixing the source is step one in remediating mold.  

Mold Remediation is a multi-step process that includes the removal of the mold from impacted surfaces (Hepa Vac), the application of a post-cleaning fungicide, and lastly application of a fungistatic coating on organic surfaces.  

The fungistatic coating is typically white or clear and applied to organic wood surfaces to allow the treated surface to resist mold growth.  The coating can also stop the wood from absorbing moisture, which is what allows mold to start to grow.

This is all performed in a manner to try and contain the mold spores, so they are not spread to other rooms in the building.  You must also be diligent in looking for additional sources of water/moisture that fueled the mold growth.   Commonly, there are more than one cause of the mold growth.

Since only 11 states have mold regulations, the work performed in all other states is questionable as you have no specified quality of service.   Meaning what should be performed to remediate mold is not always completed.  If the white coating is not a mold-resistant coating i.e., paint, mold would be expected to grow as paint contains organic material that can foster mold growth. Mold-resistant coating (fungistatic) costs significantly more than paint, and many people will use paint to save money.  

Mold Remediation Failures

If the company performing mold remediation is unlicensed, which most are and they do not follow industry protocols, expect corners to be cut and your mold remediation to be a failure.   Mold remediation failures come from a lack of clear objectives and protocols that the company should utilize to remediate the mold.

The photo below shows areas that were missed when applying a mold-resistant coating which allowed mold to grow.

 While a remediated space does not necessarily have to appear like a freshly painted room, the area should visually indicate that treated surfaces are coated or covered. As the name implies “fungistatic coating” must coat all organic surfaces to be effective. The better coatings come with a 10-year warranty to prevent mold growth.

Expert Mold Advice

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Oil tanks have a finite life span, they rust and they leak.  Did you know the propane tank for your BBQ grill only has a 15-year lifespan?   If you own your BBQ grill propane tank and take it to a home center to get refilled they will not refill tanks older than 15 years.

Not shocking, things get old, what is shocking, and mostly to your bank account, is the cost of cleaning up an oil tank leak.   Ever paint and spill paint? You have to clean the paint before it dries or it is too hard to clean up, just as with a stain on your clothes.  Think of that with an oil tank leak. When an oil tank leaks it tends to leak until there is no more liquid left in the tank.  A hole in the bottom of the tank can keep leaking, while slow, it can keep leaking forever.  If there is a hole in the top of the oil tank, either cut out to fill the oil tank or a hole from rust, this will allow the rain or water to fill the hole and the liquid from the oil tank to spill over the top of the oil tank and run down the sides.

Visualize this, go to your refrigerator pop a pin in a container of milk or orange juice, and walk away.  Come back and you got a big mess.  So when oil leaks you have to excavate soils that have oil impact, gravity pulls the oil down, many times deeper than the foundation of the dwelling requiring structural supports of the dwelling foundation to allow the excavation to be safely advanced DEEPER than the existing foundation.    If it sounds like I am speaking a foreign language, understand this to structurally support a foundation, you need engineering plans, permits, and typical helical piers to support the foundation.  Typical costs?  $11,000 to $20,000.00 on average.  That doesn't include soil excavation, disposal, testing, etc., that is just to dig safely.

The following is from a listing for a home for sale:

Please note, property may have an underground oil tank. No testing has been completed, the seller will not test or allow testing before settlement. Come see this 4 bedroom, 2 full bath home. The home offers a living room, eat-in kitchen, dining room, and family room. The home has a full basement. Located close to local amenities! Home will not be on the market long. Schedule your showing today! The property is being sold As-Is condition. Buyer is responsible for all certifications. The seller never occupied. Neither the seller or listing agent make any representation as to the accuracy of any information contained herein. Buyer must conduct their own due diligence.

Yes, you read correctly, the property has an oil tank and the buyer can't test it.  The buyer won't allow testing because the buyer doesn't want to know if the oil tank is leaking.  Leaking oil tanks cost money to fix and buyers will not proceed with the purchase when there is an unknown liability regarding cleanup of the oil tank leak.  Unfortunately, there is no standard pricing for oil tank leak cleanups.   It's not like a pizza. Looking back over the last 30 days from the date of this writing we have completed oil tank projects that required no remediation, $8,950.00 of remediation, $42,731.00 of remediation, one was $19,564.00 another one was around $13,000.00, a small AST leak was $5,672.00.  The cost to remediate and oil tank leak varies, but to even determine and diagnose the extent of contamination you have to spend several thousand dollars to define the area.   

Do you think digging up the oil that leaked below this garage was inexpensive?

 The reason there is no home in this photo is that it had to be demolished to remove the contaminated soil from the underground oil tank leaking. 

With unknown costs for cleanup, you can see why a seller doesn't want to deal with an oil tank.  You can also see how dangerous it is for a buyer to ignore evaluating a property for a tank Tank Sweep, testing a known tank Tank Testing.

A Phase I Environmental Site Assessment takes approximately 10-28 Days to complete. How long a Phase I environmental takes depends on the property.  In the year 2023, a property with little history can be completed and delivered in approximately 10 to 14 Days or 2 weeks. A property with lengthy environmental records could take up to 28 days or longer. 

Why do some Phase I Environmental take longer?  The more history a site has the more prior data can be available, this information could be in prior environmental reports that the current property owner may not have or may not share.  Prior reports trigger a deep dive into publicly available records such as reports sent to the state environmental agency.  Meaning let's say environmental work was completed and reports sent to the state, so the only prior reports are at the state, and you have to request copies from the state.  That takes time, often weeks to get.

Now someone reading this is going to say they got a Phase I completed much faster, maybe even in a little over a week.  How can some Phase I reports be completed quickly?

Simple sites with no government files to access can be completed in a little over a week as most government agencies are allowed 7 days to respond to public records requests.   In New Jersey, an OPRA request must comply as follows:

Under OPRA, the custodian must respond to the request "as soon as possible," but requesters must receive a response within seven business days after the custodian receives a complete request. That does not mean that a record in storage, or one that is difficult to find, will be available during that time.

Fast Phase I ESA are typically incomplete reports.

Curren reviews thousands of completed Phase I reports for financial clients every year and a common thread in the reports is they have been issued even though OPRA and file reviews have not been finalized.   Meaning data may or may not exist at government agencies, but a report has been issued with the caveat that if files become available an addendum will be issued to the report.  That means two reports could exist.  In practice, no consultant should release Phase I without getting all requested data sets back, but it happens all the time.

Buying a property and need a Phase I?   Be realistic with your time frames, instead of demanding a date as the environmental professional how long they expect the report to take.

Selling a property, expect Phase I will be completed.  Progressive sellers will complete Phase I to both address issues that could arise and to use Phase I to market the property.

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If you lease a commercial space, be concerned that you need a baseline of environmental conditions of the property, to avoid future liability.  Although your operations at the site may be innocuous, if contamination is found at the site after you vacate or as you are planning to vacate, the blame can be placed on you.  Think about it what data do you have that would prove otherwise and by data I mean testing.

This client called our office regarding a commercial space they were looking at leasing:

I am a bit afraid of getting involved with leasing this space.  What is the implication for us as the users if a big environmental issue exists?  

If you have not defined an environmental issue BEFORE you lease a space, you can be pulled into being responsible for the contamination.    Think of yourself as being guilty and having to prove your innocence.  The major big box stores and corporate tenants will do their own environmental investigation of a site before they occupy and yes, this investigation will include soil and groundwater testing.    Deep pocket companies do not want to be pulled into a cleanup that were not associated with and to do that you must baseline the environmental conditions prior to occupancy.

A Phase I and II is designed to establish a baseline of what potential contamination is on a site so that you as the purchaser or lessee do not get hit for a cleanup for something that you did not contribute to.  What if the owner did environmental testing after your lease was done and you moved out and found a significant impact on soil and groundwater?  What evidence would you have to prove that you did not cause that contamination?  A Phase I would have identified potential areas of concern, AOC’s, where contamination may be present.  The Phase II would have confirmed it, both of which would provide you liability protection if it was performed.  The Phase II/Site Investigation (SI) work collects samples to confirm if contamination exists.     Some property owners may or may not agree to have the work done, but most owners will allow you to environmentally baseline a property.  

Read your lease, many have clauses pulling a tenant into being responsible for contamination found on the site, and these clauses do not specify when it occurred or from what.  I have had banks occupy properties as branches and be pulled into cleanup that had no real connected responsivity.

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Real Estate Disclosures about Potential Lead Hazards

Many homes and condominiums built before 1978 have lead-based paint. Paint that has chipped or is deteriorating, or on surfaces that rub together such as windows and doors, creates lead dust which can pose serious health hazards to occupants and visitors. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases.

Home buyers

Federal law requires that when purchasing homes built prior to 1978 be informed of potential lead hazards.  This disclose occurs BEFORE a contract of sale is executed.   Sellers are technically required to provide the following:  (Yes realtors do  a lot when selling  a home)

Provide a copy of the EPA or an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards Protect Your Family From Lead In Your Home (PDF).

Disclose any known information concerning lead-based paint or lead-based paint hazards in the home or building.  This could be a lead safe cert from an applicable NJ Lead Safe Law property, a copy of any lead risk assessments, or lead-based paint inspections.

You can provide records and reports concerning common areas and other units for multi-unit buildings when information is obtained due to a building-wide evaluation.

Having a Lead Warning statement in the contract of sale and confirms that the seller has complied with all lead notification requirements.

Allow Buyer 10 days to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards.   This time frame can be lengthened or shortened if the buyer and seller agree to do so.   Homebuyers can also waive this inspection.

If you have a concern about lead-based paint, stain or varnish you should hire a licensed lead consultant to perform an evaluation and to discuss the hazards of lead.

Lead Expert

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Lead can be found on the periodic table and is a naturally occurring element. Lead was used historically because it had properties that were attractive.  It is moisture-resistant, malleable, easy to work with and rust-resistant.  Lead was used in many products including gasoline, paints (indoor and outdoor), varnishes, piping & pottery. Lead exposure in children can cause nervous system, and kidney damage, as well as learning disabilities, attention-deficit disorder, and decreased intelligence. It can also cause behavior, speech, and language problems, hearing damage, decreased muscle and bone growth, and poor muscle coordination.

Lead-Based Paint means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law. The NJ Lead Law assumes lead paint is present. All lead paint inspections include a visual assessment for evaluation of deteriorated paint. The HUD regulation defines deteriorated paint as: "Any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate."

New Jersey passed legislation requiring lead inspection of rental properties by June of 2024. Before this,  residential properties had only the Federal Title X to deal with, which allowed a buyer to test for lead in building competent before purchase but did not require the owner to do anything if lead was found.  Owners also have to disclose what they know about lead, which for most properties was nothing because they never did any lead inspections.    This new legislation levels the playing field by supplying owners with lead-based data. 

Any property subject to the NJ Lead Safe Law is now providing property owners inspection reports on lead.  New Jersey lead licensing requires licensed firms to document certain facts regarding inspections nad reports.  In addition, the lead inspections have included dust wipe sampling which tests for lead, these data points are now to be disclosed to future renters and buyers. 

Let me go a step further, the law allows you to obtain a Lead Safe or Lead-Free certificate for target rental units built before 1978.    Lead safe is a never-ending loop of inspections for these properties, every 2 to 3 years.  All inspections carry a cost and the cost is greater if renovation or lead remediation is required post-inspection.  You can imagine a pre-1978 rental property that holds a Lead Free designation is more valuable as it will exempt the property from future inspections.  This golden ticket so to speak is being reached for by landlords in the form of XRF Lead Paint Inspections, which are a surface by surface testing of interior building materials.  A rental property that is two-bedroom could have 200 different tests for lead.    Statistically speaking, the age of the dwelling and painting history are huge factors in your odds of finding lead.  And yes, we are seeing lead in properties where the landlord has professed to the building being totally gutted, completely renovated, we replaced everything. Yet lead we find and a report we must supply, which the landlord must now disclose to all future renters and buyers:

Federal law requires that before signing a lease for target housing, including most buildings built before 1978, renters must receive the following from your landlord:

• An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
• Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
  • For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
• An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the landlord has complied with all notification requirements.
  • Sample Lessor's Disclosure of Information in English (PDF) and in Spanish (PDF).

To make it simple the bolded red statement means before the NJ Lead Safe law landlords knew little about lead other than suspecting lead was present.  Well now the landlord has data points, reports, inspections data, lead wipe sampling and for those striving for LEAD FREE a map of the lead, which must be DISCLOSED.   Sometimes data sets show that lead based hazards were found, or testing found lead dust exceeding applicable standards, which can constitute a lead-based hazard.  

What you may not realize are the standards for lead dust wipe samples are very low and have only gotten lower and there is a goal that the standard should be at ZERO, for zero tolerance of residual lead.

The lead safe law is going to buildup data points these landlords/owners must disclose to renters and buyers under federal regulations. This is heavily slanted for those properties wanting to achieve a Lead-Free designation as they will undergo an XRF inspection and the lead will be mapped out in the report, which the owner must share.  More often than not when you do a Lead Paint Inspection, which tests all surfaces for Lead, you realize just how popular lead is in paint, stains, and varnishes.    This is stated because we have inspected many "Totally Gutted", and "Completely Renovated" buildings only to find lead is still present on painted and stained surfaces.

If you have to navigate a lead issue, landlord, buyer or seller, call the experts.

Lead Experts, Since 1998

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What is a Lead Free cert?

aka how do I get a lead free certification?

New Jersey's Lead Safe law is requiring landlords to have lead inspections, basically forever.  When lead is added to paint, stain or varnish, it increases durability, speeds drying time and resists moisture, who wouldn't want it.  Lead was also heavily advertised in paint, think of lead paint as todays Ozempic, people want to try it.

Although lead was a very popular additive to paint, maybe your house was built closer to the 1978 ban on lead paint (1971 in NJ) or you did extensive interior renovations.  If so, it would worth it to have a lead paint inspection, which entails surface testing of all surfaces inside a building to test for the presence of lead paint. (stains and varnishes as well).

A Lead Free Certification is valid for a lifetime.

A property is considered "Lead Free" when the property has been certified by a licensed lead paint inspector as “Lead Free”. This requires a Lead Paint Inspection using an XRF Analyzer to test all surfaces for the presence of lead..

At Curren we can discuss your options regarding obtaining a lead free cert and the likelihood of obtaining lead free designation for your property.  We are also fair, if you fail to get lead free or inspectors can pivot and provide lead safe.

Call the Lead Free Experts

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The technical side of a New Jersey Lead Free Certification would go as follow:

Lead free would be issued under N.J.A.C. 5:17.

There is a cert (paper form) from a certified NJ lead evaluation company, like Curren Environmental

The inspection required for Lead Free would follow HUD and 5:17 protocols;

The protocols require onsite testing with an XRF gun.  Common XRF units have a radioactive isotope, Curren's units which are saver do not utilize radioactive material.

5:17-3.6 Reports and certificates…

(b) If, upon performance of an inspection of all painted surfaces in accordance with this chapter, a unit or building is determined to be lead-free, the certified lead evaluation firm shall issue certification on a form prescribed by the Department to the owner and, upon request, to any enforcing agency having jurisdiction to enforce lead safety standards at the premises. The certified lead evaluation firm shall report issuance of all such certifications to the Department in such form and manner as may be prescribed by the Department. 1. The certificate or report shall be signed and dated and shall identify the building, common area(s) or dwelling unit(s) to which it applies. 2. In order to be certified as lead free, the paint shall be tested for lead content through XRF testing, paint chip analysis or another method of testing the lead content of paint permitted pursuant to this chapter. All such testing shall be performed in accordance with the requirements of this chapter and the protocols established in the HUD Guidelines.

(c) If, upon performance of an inspection and risk assessment in accordance with this chapter, a unit or building is determined to be free of lead-based paint hazards, the certified lead evaluation firm shall issue a certification on a form prescribed by the Department to the owner, and, upon request, to any enforcing agency having jurisdiction to enforce lead safety standards at the premises. The certified lead evaluation firm shall report issuance of all such certifications to the Department in such form and manner as may be prescribed by the Department. 1. The certificate or report shall be signed and dated, shall identify the building, common area(s) and dwelling unit(s) to which it applies. The certificate or report also shall include a statement cautioning the owner regarding the need to perform on-going evaluation and maintenance to ensure that the painted surfaces remain in a hazard free condition.

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