Hot Environmental Topics

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.

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

If you are involved with an oil tank removal project, it is probable your first tank removal and likely your last. The odds of you making the best decision are slim. Let’s agree that the best tank removal is one where the tank does not leak and you don’t have to remediate.

That said, you could expect a cost for tank removal on average to be about $1,500.00. This cost entails the time to get permits, equipment and labor to excavate the tank, trained personnel to cut open and clean the tank, oil recovery, tank removal, soil sampling, backfill material and labor and ultimately a report from the company so you can document the tank removal. The tank report is completed weeks after removal and is performed in an office utilizing the notes and data collected from your site. Sounds like a lot for $1,500.00, well it is.

Let’s talk about what makes your tank removal the best tank removal.

Your cost is close to the average cost of $1,500.00. Why, well the firm that sells these services has to do the work at a market rate where they can make money. Otherwise, they are offering the work at a loss, with the plan that they will make the money on the backend, which is the remediation and even a small remediation can cost over $5,000.00. You get what you pay for, remember that.

If you buy a house that had an oil tank, you want to know that the tank did not leak. The only way to know that is if you have testing completed. Being the owner of the tank you may think you do not want to have testing done, or else you may find a problem. After 25 years of dealing with tanks the bottom line question everyone wants to know is if the tank leaked. Buyers and sellers because that answers can make or break a real estate transaction. Bottom line tank soil samples when the tank is removed

Why do many contracts for tank removal not include soil sampling? Short answer, it is cheaper. Soil samples cost $120.00 on average and with two soil samples being the average number acquired sampling can raise the cost by $240.00, plus the time to write a report that talks about the test results. Look, you are removing an old buried metal object, you are fooling yourself if you don’t think that rust and extensively has not occurred to the tank. Your low cost tank removal company is counting on this and will be happy to give you a cost to remediate the tank once contamination is discovered.

Why do many contracts not include a report of the tank removal? Cost again is the culprit. If you write a report you need someone present during tank removal that will be taking notes, photos, soil samples and will eventually sit behind a desk to type a report. That all takes time and there is a cost involved. Bottom line make sure the contract includes a report.

Tank removal site assessment soil samples when acquired for independent laboratory analysis provides quantitative not qualitative data. New Jersey and Pennsylvania have one comparative standard for number two heating oil in soil and that is by laboratory analysis. Visual, oil water agitation or olfactory evaluations have no standards so you have no foundation to lay an opinion.

Residential tank removals do not specifically require that you obtain soil samples. This conflicts with the interest of a purchaser (mortgage or insurance underwriter) for a site when hard data is requested. Legally you do not need to test, if a buyer wants to test prior to purchase it is their due diligence and hence their cost. Obviously it is less expensive to acquire samples from an open excavation at tie of removal, as opposed to post removal and backfilling.

What is the best tank removal? The best is one where testing and a report is provided as part of the tank removal. It is what is required for commercial sites, so why wouldn’t you do the same for a residence?

The 10 Most Common Mosquito Myths

Myth 1:          All Mosquitoes bite.

False, only the female mosquito bites and some females do not bite at all.  The females that do bite need the protein in blood so she can lay eggs.  Rest assured if you get bit by a mosquito it was a female.

Myth 2:          Mosquitoes are small so a fan will keep them away.

This is true and false.  Mosquitoes are small, yes but a fan doesn't keep them away by blowing them away. Fans dilute our carbon dioxide, heat and individual smell -  all of which a mosquito uses to find us.

Myth 3:         Mosquitoes do not like the smell of citronella and DEET.

Yes and no, both citronella and DEET interfere with the mosquitoes receptors which are used to find blood meal.  In essence, these compounds are meant to hide you from mosquito.  What about garlic?  Like citronella, garlic is meant to mask your scent to confuse the mosquito’s receptors.   There is no real evidence that mosquitoes are repelled by garlic.  

Myth 4:          Fake news says that diseases are on the rise from mosquitoes.

As of May 1, 2018, the CDC states that mosquito, tick and fleabites have tripled in the United States.  From 2004 to 2016, over 640,000 cases have been reported https://www.cdc.gov/media/releases/2018/p0501-vs-vector-borne.html

Myth 5:          My blood type is irresistible to mosquitoes.

Studies have pointed to type O blood being more appetizing to mosquitoes.  If that is true, the research is not clear as to why.   What is known is that some people are simply more attractive to mosquitoes than others and this is believed to be from the carbon dioxide production of the individual as well as their scent.

Myth 6:         Bug zappers kill mosquitoes.

Studies of the dead insects in bug zappers found that the percentage of mosquitoes is relatively small.  This could be influenced by the fact that other insects are in greater numbers in a yard where a zapper is utilized.

Myth 7:        Mosquitoes only bite at night.

Sadly mosquitoes can and do bite in the heat of the day.  The Asian tiger mosquito is known to bite during the day.

Myth 8:        After a mosquito bites me, it will die.

If a bee stings you it will die. Mosquitoes can bite many people to get the blood needed to lay eggs, after the 

eggs are laid it will go bite someone else, so the circle of life can continue.

Myth 9:   My yard doesn't have any standing water so mosquitoes don't breed in my yard

Fact, if you are getting bitten by mosquitoes, you have a mosquito breeding ground on or immediately adjacent to your property.  Mosquitoes can lay eggs in a cap of water.

We treat thousands of properties a year for mosquito control and 90% have water that can and do breed mosquitoes.  Most people simple are not diligent enough to dump water from containers.   The following photos are from properties that we treat and that we inform owners of their water problems and they still don't get rid of all potential breeding areas

What is the life expectancy of an oil tank?

How long does an oil tank last?  When do you replace an oil tank.  These are popular oil tank questions.  All things have a finite life expectancy. Both aboveground storage tanks (ASTs) and underground storage tanks (USTs) have a usable life. The problem is your tank can fail (holes appear) and you may never notice.  An industry average for the life span of an oil tank is 20 years, some tanks last longer and some shorter.  This time frame is greatly dependent on the type of oil tank, construction of the tank (meaning thicker walled tanks generally can last longer). environment the tank is in (indoor - outdoor),  and the contents of the tank.  Harsher environments tend to shorten the lifespan of pretty much anything, including steel tanks. 

When I ask people how long they think a tank is supposed to last I typically get silence or "I don’t know".   Then, I tell them thank you for not saying "Tanks last FOREVER".   A simple rule of replacement is if the roof has been replaced, so should the tank.    This is for all the people who are using a tank TODAY and if your house was built between 1950 and 1995, your tank is beyond any reasonable expectation of usable life and should be replaced.  No there is not a likely possibility that the original tank from the day your house was constructed has been replaced.  The saying 'if it isn’t broken don’t fix it' is unfortunately followed when it comes to oil tanks.   Simply put, if people replaced tanks within a reasonable amount of time, you wouldn’t have tank leaks and expensive environmental cleanups.

How do oil tanks leak?  Many oil tanks rust through from the inside out.  This most often occurs when the oil is not present, meaning upper portion of the tank where the tank is empty and the oil is not present to lubricate the steel.  Tanks can also leak due to the use of low sulfur fuel.  Heating oil tanks that have low sulfur fuel and water can allow microbial growth to occur.  Secretions from these microbes can produce acids that can corrode a steel tank.

The photo above is the inside of a cleaned and cut open oil tank.   What is really interesting is the rust you see on the bottom of the tank.  This is the corrosive effect of the microbial activity in the tank.  Yes an oil tank can corrode from the inside of the tank.

Click Here to Learn about Testing Oil Tanks for Leaks

Aside from corrosion inside the tank, an oil tank can deteriorate from the outside due to environmental conditions.   Rust never sleeps and for corrosion to occur you need metal, oxygen and moisture.   How fast a given metal rusts is based on the environment the metal is exposed too. 

Aboveground oil tanks may look fine from a cursory exterior view but in fact, could heavy corroded on the inside and be ready to fail. 

Underground oil tanks are thicker than comparable aboveground tanks due to a more corrosive environment.  In short, an indoor rated AST is thinner than an outdoor rated AST, which is thinner than a buried UST.  Curren has found that there is a wide variation in indoor aboveground and outdoor aboveground oil tank life spans due to the considerable variation in both the quality and thickness of steel (older tanks seem to have been a heavier gauge steel), which helps prolong the life of the tank.

We have seen indoor oil tanks in good condition that are 60 years old or older, and we have found failures in newer oil storage tanks that may have been made of thinner or cheaper steel and that did not last as long as the original ones.  The tanks made immediately following WWII are of higher quality, saying things are not made as good as they used to be is a very true statement when it comes to oil tanks.

Rather than guess a tanks oil tank condition, we suggest that if your home has an older aboveground oil storage tank, twenty years old or older, you should replace the tank.  Keep in mind many brand new oil tanks have a 10 year warranty.

What Can Cause an Oil Tank To Leak?

• Exposure of the oil storage tank to wide temperature swings, especially in cold and humid climates can increase in-tank condensation (water)  leading to corrosion.
• The oil inside the tank corrodes the tank.   How is it possible that oil can corrode metal.   Bacteria forms in the tank from moisture (condensation), since we want clean air EPA has mandated that the sulfur content in fuel is lower.  An environmental such as a tank of oil with low sulfur is actually a conducive environment for bacteria.  So now you have bacteria thriving in the tank as part of their biological activity corrosive compounds are created from the bacteria that corrode the tank.  You got all that?
• 
• Exposure of the tank fill or vent pipes to rain, especially to roof runoff for tanks mounted under the eaves of a home and especially if the oil fill cap is not securely tightened after filling with oil.  You see the rain water soaks the soil around the tank which hastens corrosions.  Tanks under concrete and asphalt tend to last longer as they are shelter from rain.
• External oil tank rust due to exposure to the weather. Many small tanks, 275 to 300 gallon tanks were used for unintended uses.  Meaning many of these size tanks, were never rated for outdoor use, but have been used for outdoor use and some even buried.   You can tell what use a tank is rated for by reading the UL label that is affixed to the top of the tank.  Manufacturers of newer oil storage tanks in this size range often have removed this "indoor use only" wording from the UL label.
• The tank in the photo was a basement tank, but was buried.  The tank was not rated (designed) for burial.  It leaked as the tank was not thick enough for the harsh environment of a buried tank.
• 
• Improper oil tank installation.  Meaning the tank was not designed for the current use.  We have found indoor oil tanks that were moved outside and placed onto the underground in the soil surface below a deck, and then partially to half buried. What is this tank, an underground tank or an aboveground tank?  (The government definition of a UST is one where 10% or more of the tank is buried below ground.) These tanks were not rated for outdoor use at all and are at extra risk of leakage due to placement of the tank body directly in contact with the soil.
• 
• Improper oil storage tank supports, such as failure to keep the outdoor tank off of the ground, to install it at the proper pitch and direction of pitch, and to install it on level surface, unsecured legs of the tank can lead to the tank tipping over, ripping open an oil line, and obvious discharge of oil from the tank.   This is more common with out-of-service tanks.

Want information on tank removal? Clock here Oil Tank Removal

Green Lawn Tips

Americans spend over $6.4 Billion a year on lawn care, according to the Professional Lawn Care Association of America. Why not get started in the spring to ensure a beautiful green and healthy lawn.

Start out by checking the soil pH levels. Winter can alter the soil pH and create conditions that are friendly to weeds and disease. The soils pH should read between 6.5 and 7.0 which are slightly acidic. You can test your soils pH by purchasing a pH tester. After the soil has been checked, invest in a rental aerator. In high traffic areas grass becomes compacted. The aerator will draw wine cork-sized plugs out of the lawn surface giving roots the room to spread and allow for air, nutrients and moisture to penetrate the soil.

Pro Tip

The soil cores should not be raked always, as they contain bacteria and nutrients that will return to the soil.

In the early spring, apply a pre-emergent weed control to prevent crabgrass in early spring.

Pro Tip

½ the dosage of preemergent and reapply in 3 weeks to increase the treatment duration. Try to get your immediate neighbors to do the same so you encompass a larger spread of weed control. If your neighbor does not apply preemergent, weeds can grow and move to your yard.

During late spring fix any patchy places and apply your seed. When seeding in the spring it is pertinent that you provide consistent watering to allow the seed to germinate

Pro Tip

Water twice a day for 7 to 10 days to allow the seed to germinate.

When watering, make sure one inch of water to 12 inches of soil is preferred ratio for watering actively growing grass. You most likely will have to seed again in the fall months.

With the spring upon us, it is very important to prepare your lawn for the warmer, sunnier months ahead. Having a nice, thick green lawn helps with excess rain, capturing the moisture so it does not end up in your house to produce mold.

What is mold and is mold dangerous?   Two common questions regarding mold.  First let’s start with "What is mold?". Mold is ubiquitous in our environment.  There are few places on earth, where molds are not present.  That said, mold (which is also called fungi) is a broad-spectrum term to describe fungi, mushrooms, rusts, mildew, and yeast. As humans, we simply complex things by using the term “mold”. Any mold is a eukaryotic organism, meaning one that has a defined nucleus.  Molds lack flagella and reproduce by means of spores. Spores are released from the mature mold body and spread by air currents on people, animals, and/or materials that travel from place to place. These spores can remain viable for extended periods of time, which, in short, is as long as it takes for a suitable environment to occur which allows the mold to form new colonies.

What is Black Mold? What is toxic Mold.

The next two most common questions. First, black mold is not a mold it is a color, the term was made up by the media. There is no mold that has the scientific name as black mold. The same goes for toxic mold, we think the name toxic mold came from the mold industry to scare people. Again no mold has the scientific name toxic mold.

Molds are fungi that grow in the form of multicellular filaments called hyphae that spread to form a network or colony called mycelium. When you see visible mold (spotting, staining, discoloration) you are observing a colony of mold. Most all fungi require oxygen to survive and all fungi need an organic food source.   Unlike humans, molds do not ingest their food but rather absorb nutrients by attacking dead organic matter or parasitizing living organisms. In an outdoor environment you can think of molds as nature’s composers as many molds live in the soil and are active in the decomposition of organic matter.

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Molds are not strictly confined to the outside, although that is their primary habitat.  Molds can grow indoors in a built environment (built being man made structure).  Molds can grow anywhere if the following four primary conditions are satisfied:

1. Mold spores must first be present in the area.
2. Food source such as wood, drywall, the paper part of insulation, skin cell fragments, cardboard, carpet, paper, etc.
3. Appropriate temperature – this is a variable as molds can grow dormant when the temperature is out of range for required growth and then when the temperature is within range mold will grow.  (Think grass growing in summer and growing dormant in winter)
4. Water or Moisture – if mold was a building, water/moisture would be the foundation, without it, you will not have molds growing and it is the one of the four conditions that can be controlled. Bottom line, if you have mold you have a moisture issue. 
5. Moisture sources in a built environment are most commonly brought on from water and/or sewer leaks, moisture intrusion (rain) through walls and foundations.  In practice, moisture issues that fuel mold growth are associated with humidity or as condensation in HVAC systems. In terms of relative humidity, causing mold growth, is more of an intermittent issue that can occur at certain times of the year.   Damp, wet times of the year being more likely as opposed to winter when temperature may remove humidity.
   
   Both national and international health agencies agree that molds can cause health issues to varying degrees.   To the extent anyone is affected by molds relate to the types of molds, concentration, exposure duration and genetic factors of the individual.   There is no perfect fit that would say a certain person would be affected and this person would not.

Mold affects humans through the inhalation of spores, which is how mold reproduces, so you should realize that when you see mold, spores are present and you could be at risk.  Molds also produce mycotoxins which are chemicals that are created during certain parts of the mold life cycle.  Mycotoxins having the word “toxic” in the name underlines them as a concern.  Mycotoxins can evoke a toxic response, for example, allergic reactions, respiratory irritation, the exacerbation of asthma symptoms as well as other respiratory reactions to an irritant.  Mycotoxins have this affect because they have very low volatility, meaning they have relatively low concentrations in the air, so contact or ingestion rather than inhalation is often the main route of exposure for these chemicals.
Since molds digest matter, they will naturally off gas.  The off gassing of mold often referred to as the musty odor is scientifically called MVOCs or microbial volatile organic compounds.  Their olfactory presence signifies actively growing mold. Fortunately for humans MVOC's have a very low odor threshold, thus, making them easily detectable by smell. Exposure to fungal MVOC's has been blamed for headaches, nasal irritation, dizziness, fatigue, and nausea.   So, while someone may refer to an odor as musty it signifies the presence of mold and compounds that are airborne that can have detrimental health effects in humans.
Chronic exposure to large airborne concentrations of fungal spores can induce allergy or hypersensitivity in certain individuals. In some cases, chronic exposure to fungal spores can result in a flu-like debilitating disease known as hypersensitivity pneumonitis.

Mold is confusing and the many unlicensed firms that perform mold work dont help to demystify mold.  At Curren will off a free initial consultation.  Call our office Monday to Friday 8:00am to 5:00pm EST and speak to one of our professionals.  888-301-1050.

 Any purchaser of commercial real estate is performing Phase I due diligence to protect their interest, not is once again not typically fulfilling a requirement of the law.  Due diligence is a prudent practice to follow for any commercial purchaser.   Many buyers contact our office with little to no real knowledge of what a Phase I is and are being directed to perform one by their attorney or realtor.  Many people view a Phase I as getting their hand stamped and the quicker the better so the transaction can go to settlement.  The due diligence aspect is many times an afterthought.

We are going to cover the different scenarios when a Phase I is completed and when a Phase II or III is triggered and why that is a good thing.

The best possible outcome for all parties after completing a Phase I, in the eyes of a buyer or seller is that the Phase I finds no issues with the site and accordingly there are no recommendations that any additional work is required such as a Phase II or Phase III.   This is not as common an outcome as many people think or expect.  Sellers do not want you to complete a Phase I as it delays the settlement and opens up the possibility that the Phase I may find an issue.   Buyers do not want a Phase I performed for the same reasons, citing the time it took to find the perfect site at the right price as well as monies already spent to date.  The Phase I is viewed as a necessary evil and one that at best could cost money and delay the sale from 2 to 6 weeks and at worst strike a crushing blow to the sale when a problem is uncovered that the owner was unaware of and unable or unwilling to address.

The odds that the Phase I will come back clean, meaning no RECs are found, is based on numerous factors including the date of site development and historical usage of the site.  We have found that some of the most innocuous appearing sites (upholstery and insurance office), have been found to have potential environmental concerns from PRIOR usage.

A common Phase I situation is a client that is not required to perform a Phase I by the bank either because the loan amount is not triggering it or they are paying cash or there is a 1031 exchange.  These are rush hand stamped Phase I’s as there are already planned deadlines and the Phase I request is coming from the buyers attorney.  The rush part of the Phase I need is not based on anything pertinent relative to environmental conditions, but rather business or financial needs.   This is where hand stamping is most common.   Timing is relative and the sooner a decision is made on performing the Phase I the faster it will be completed.  In a perfect world a Phase I would be initiated by the seller prior to listing the property for sale.  In practice, it is one of the last things a buyer completes.

Time necessary to complete a Phase I varies.  Most Phase I’s are completed within three weeks, some can take as long as 6 to 8 weeks.  The difference in timing is based on the presence of records at the State and local levels.  The presence of files for a site at an environmental agency is typically unknown until a Phase I is initiated and the agencies are contacted regarding any files.  If files are found, the review of reasonably ascertainable files is required.  There could be a multiple week wait to get access to these files as they may be in storage or the first available date the State gives is 4 weeks away.   The time to access environmental files at a State level is the under looked aspect of a Phase I.  The determination that no files exist allows the Phase I process to be expedited.  The presence of environmentally-associated records indicates that investigation/remediation work may have been initiated or completed.  Records must be reviewed by a person with the experience and knowledge of applicable regulations to confirm that investigations/remediation has been completed in accordance with the local, State and Federal regulations.  A recent Phase I had pertinent files that were at the State.  Based on ability to accumulate the records and schedule the first available review date, it took five weeks to just perform a cursory review.  The review found that the site was formerly a gas station and had gas tanks removed and properly closed though the State.  What the file review did not indicate was the presence of other tanks on the site that appeared to have been either removed or left in place.  The unknown tanks consisted of a heating oil, waste oil and kerosene tank.   This triggered the need for a Ground Penetrating Radar (GPR) survey of the site to search for the possible missing tanks.  In this case, the buyer was sure that all the tanks were removed and signed off by the State, unfortunately that was not the case.  In this case, the buyer did not buy the site and the owner had more work to complete including the removal of the tanks.

Questions?  

When you start a Phase I, anticipate that a Phase II may be the necessary.  A Phase II is testing or further invasive evaluation of a suspected environmental concern.   Another Phase I performed found the need to complete soil borings on the site in areas where the operations of the site may have allowed historical seepage of oils and chemicals into the soil.  The Phase II did indeed find contamination in all the borings completed.   At this point the purchaser was into the property for over 20K, which including attorney’s fees, zoning applications, engineering and environmental.  The next step after finding an area of contamination is to determine the extent of contamination and the associated costs for remediation.  This added weeks upon weeks to the financial deal which could lead to the potential purchaser to look for another property weighed against the monies spent to date.  Most contracts allow the buyer or seller to back out of the transaction if repair expenses exceed a dollar amount or a time limit.   Usually at this point the buyer, thinking they were buying a clean site, is upset about monies thrown down the drain and when the end will occur.   Rarely does the purchaser weigh the fact that the Phase I did exactly what it was designed to do which is evaluate for potential environmental issues that could devalue the site.   Slightly less than $100,000.00, later and almost 7 months from the start of the Phase I was the property cleaned up.  The buyer dodged a remediation expense that surely would have been in their lap if the property was bought without a Phase I as the party they sell too would most likely not be as foolish to purchase without performing Due Diligence.

The photo below is a drum storage area, the floor below the wood was heavily stained.  It was flagged in the Phase I as an AOC and testing was recommended and the testing found contamination.

Phase I cost sharing.  Due to the unexpected outcome of any Phase I’s in some instances the expense of the Phase I is shared between buyers and sellers.  The advantage for both parties it not just financial (50/50 split), but ownership of the report.  If the transaction falls apart for reasons other than environmental finds issues, the owner has possession of the report and can share same with the next prospective purchaser.

Phase II cost sharing is more complicated.  The Phase II by definition involves physical examinations and in many cases testing.  Phases II expenses can dwarf the cost of a Phase II and due to the potential of finding an issue, many sellers would prefer the testing not be performed.  This is particularly common when the issues being investigated relate to potential conditions that predate the current owner.  This is a very common situation if the current owner purchased the site in the last 20 years and did not perform a Phase I.  Cost sharing is again valuable as the owner has rights to the report and data generated by the Phase II.   In most cases if the Phase II finds an issue that must be addressed or remediated (Phase III) the phase II has to be shared with the owner to document the findings.   Phase I cost sharing is far more common than in Phase II situation.

A bill has been proposed in the New Jersey assembly that will require all homeowner carriers to offer coverage to remove residential USTs (Underground Storage Tanks) and to cover remediation. Assembly bill, No. A437 would require the insurer to get written confirmation from the insured that they are declining the coverage.

What this would mean for homeowner's is that coverage could be obtained for tank removals and remediation.

The bill as proposed is as follows:

A437 SCHAER, BRAMNICK 2

AN ACT concerning homeowners insurance coverage and 1

supplementing Title 17 of the Revised Statutes. 2

3

BE IT ENACTED by the Senate and General Assembly of the State 4

of New Jersey: 5

6

1. a. Every insurer authorized to transact the business of 7

homeowners insurance in this State shall make available as an 8

option for purchase, in every homeowners insurance policy 9

delivered, issued, executed, or renewed in this State on or after the 10

effective date of this act, coverage for: 11

(1) removal of a leaking heating oil tank from the homeowner’s 12

property; and 13

(2) remediation of damage caused by the discharge of heating 14

oil from the homeowner’s leaking tank or any piping, fuel supply 15

line, equipment or system connected to the tank to: 16

(a) the homeowner’s property, including any impact on soil, 17

indoor air, groundwater or surface water; and 18

(b) a third party’s property, including but not limited to nearby 19

or adjoining property, or groundwater or surface water. 20

b. The commissioner shall establish by regulation the amounts 21

of coverage per occurrence and the amounts of any deductible per 22

claim or policy period for policies offered pursuant to this section. 23

c. If a homeowner declines the option to purchase coverage 24

offered pursuant to subsections a. and b. of this section, the insurer 25

shall obtain a written waiver of the coverage, signed by the 26

homeowner, whose signature shall be notarized by a notary public. 27

d. For purposes of this act, “heating oil tank” means a liquid 28

fuel tank in which heating oil is stored and from which heating oil 29

is delivered or pumped through a fuel supply line to an oil burner, 30

whether the tank is located within a dwelling or other structure, 31

underground, or outdoors. 32

e. This section shall not apply to abandoned, closed, or out of 33

service heating oil tanks. 34

35

2. This act shall take effect on the first day of the sixth month 36

next following the date of enactment. 37

38

39

STATEMENT 40

41

This bill requires homeowners insurance companies to make 42

available as an option for purchase, in every homeowners insurance 43

policy delivered, issued, executed, or renewed in this State on or 44

after the effective date of the bill, coverage for certain leaking 45

heating oil tanks. 46

The bill requires that this coverage be offered for: 47

A437 SCHAER, BRAMNICK 3

(1) removal of a leaking heating oil tank from the homeowner’s 1

property; and 2

(2) remediation of damage caused by the discharge of heating 3

oil from the homeowner’s leaking tank or any piping, fuel supply 4

line, equipment or system connected to the tank to: 5

 the homeowner’s property, including any impact on soil, 6

indoor air, groundwater or surface water; and 7

 a third party’s property, including but not limited to nearby 8

or adjoining property, or groundwater or surface water. 9

The bill also provides that the Commissioner of Banking and 10

Insurance establish by regulation the amounts of coverage per 11

occurrence and the amount of deductible per claim or policy period 12

for policies issued under the bill. 13

If a homeowner declines the option to purchase coverage offered 14

pursuant to this bill, the insurer shall obtain a written waiver of the 15

coverage signed by the homeowner whose signature shall be 16

notarized by a notary public. The bill shall not apply to abandoned, 17

closed, or out of service heating oil tanks.

Keep in mind that if have an oil tank you need removed, this will most likely be a he only time in your life you will ever have to deal with something like this.  Odds are against you making the best decision regarding removing the underground tank, which is why we have devised this handy tank removal reference guide.   The following information regarding tank removal are a cumulation of 20 years of tank removal experience and speaking to people who had their tank removed and their decision making regret.

Google oil tank leak and you will see some scary web pages. If you are selling a property with a tank and don't you think it's an issue, realize your buyers are reading these pages and they know an oil tank can be an issue.

 Here are important oil tank removal fact.

1. Most oil tanks do not leak.
2. Most oil tanks that leak do not require expensive remediation and can be addressed by testing.
3. Every state allows a permissible amount of oil to remain in the ground.

Few if any tank removal firms will tell you these facts.

Tank removals while not cheap can cost between $1200.00 and $2,000.00 on average.  Remediation of leaking oil tanks can cost $10,000.00, $16,000.00, $40,000.00 dollars or more.  Do I have your attention?  Many firms will suck you in with a competitive price on tank removal and then whack you with a bill to remediate the leaking oil tank.   Many people call our office after their tank is removed and after they get an outrageous proposal to remediate.   These tank remediation quotes appear on the same day as tank removal or within a few days and are 90% of the time baseless money grabs.  

Google oil tank removal and you will see some slick web pages, not as scary by any means as the tank leak search. These pages have happy people, testimonials and some sales oriented content. You may be swayed by the nice web pages or even that the company is LOCAL.   Local has nothing to do with an oil tank removal, you probably have a few pizza shops close by and one is your favorite.  Proximity to your property is not like a pizza shop, good environmental companies are not known to be as popular as pizza shops.  Contract with these firms and if your tank has any remote evidence of leaking, you will regret your choice of contracting.  Here is why. 

I had no indication that my tank was leaking and the company I hired agreed.

Big, big trouble is brewing in this sentence.  I would hope that no one wishes ill will on anyone, but let us look at an oil tank leak as a possibility based on the following.

Oil tanks do not last forever and on average a tank lifespan is between 20 and 30 years.

Age of tank.   If your oil tank is the original oil tank for the house and it is older than 30 years, well it has outlasted the refrigerator, washer, dryer, roof, ect. It is most likely the oldest replaceable fixture in the dwelling that was NEVER REPLACED.   So can we agree there is a CHANCE the oil tank maybe leaking?  Just a chance.   If your answer is yes, well should a brief conversation occur about the oil tank leak scenario?  If yes, then the what if my oil tank leaks discussion should be written into your oil tank removal contract, so you know what steps will occur in the event of a leak.   Trust me the answer is yes and your proposal like so many we see will not have the language in there and you are setting yourself up for problems. 

 Soil samples.  You do not want them because soil sampling is not required by law, you do not want to test because you do not want to find a problem.  I mean who wants to go to the doctor, you know the doctor is going to find something wrong.  Soil sampling after a tank is removed is 100% important and not sampling is the biggest mistake you can make. 

Remember the google search for oil tank leak?   Well how are you going to certify the tank did not without testing?   Perhaps you think the township will inspect and certify the tank did not leak?  Wrong their job is a construction inspection, remember they are not licensed to remove an oil tank, the company you hired is licensed and they hold the burden to certify the work. 

How do we certify that a tank did not leak?  

Not by looking at it, believe it or not.  No one knows your cholesterol level without blood work, there are marathon runners that have heart disease, healthy looking people get cancer, my point is looks can be deceiving you cannot look at an oil tank and be 100% certain the tank did or did not leak.   Please do not tell me you will be able to tell if the tank leaked because you are going to look for black oil in the ground, because everyone knows that is how you can tell, WRONG.   The tank is not the Beverly hillbillies, heating oil is not black its dyed red.  (Google it, heating oil is red, no lie).

Back to soil testing, hey if you were buying a house with an oil tank that was removed, wouldn't you want testing completed and a report certifying the tank did not leak?  If you don't care, leave this web page, go play words with friends, understanding the pitfalls of oil tank removal are not your topic of interest. 

Soil testing protects you from unscrupulous tank removal firms that would remove your tank, show you a hole in the tank after removal, show this hole to the construction official, report you to the state and give you a cost to remediate, which is many times more expensive than the tank removal and more profitable for the removal company.

Here is the short story of a property where a tank was removed, the tank was found to be leaking and got a quote 

1.Oil tank was removed.

2.Property owner want soil testing.

3. Tank removal company says soil testing is a waste of money.

4. Tank removal company has X-ray vision and can just tell that the tank leak is bad and you need remediation, why test?

5. Owner is told testing is expensive, $5,000.00, true story, owner was told why spend the money to test if you know it leaked?

6. Truth, testing of an oil tank, say a 275 to 550 gallon oil tank would cost under $250.00!  Think that money is worth spending?

7. Owner was given a quote to remediate a day after removal.  

At this step in the tank removal, the ownerr felt something did not add up.  Owner brought in another company to test the removed tank area.   Yes contamination was found, but it was with acceptable standards.  

Success tank removal depends on testing, if you test, you could save thousands in unnecessary oil tank remediation.

If you don't test the soil after a tank is removed, the removal company can quote you an expensive remediation, good for them, not for you.

Why are we posting oil tank removal problems, showing you how to be a better consumer of these services, well we remove tanks but we also help people who had their tank removed and we are repeating their stories for your education.   Unethical tank removal firms give all companies a bad name.   To be frank as well, we get a little tired of hearing the same story over and over again.

 Common compliants after a tank is removed?

My oil tank contract was based on the tank not leaking.  It leaked and I am getting billed alot more than the cost of the removal.

My tank had holes when it was removed and I have to remediate.

My leak was reported to the NJDEP AND NOW I HAVE A CASE NMBER.

The removal company said testing wasn't in my contract so they didn't test.

The removal company said testing was a waste of money and I have to remediate.

Environmental company gives a 10k quote to remediate, my house is under contract for sale and I have to clean up the leak or risk losing the buyer.

We have been involved with more projects than I care to count that fits those details. Sit down before I tell you what we find at these sites.

Close to 80% of the time, we find little to no oil in the ground or we find that oil levels are within acceptable levels, meaning no expensive remediation.

The other 20% of the time, well yes, remediation was necessary but sadly, not to the extent they were quoted.

 Do you have questions we didnt answer?   Common oil tank question and answer can be found at Residential Heating Oil Underground Storage Tanks (USTs) Frequently Asked Questions (FAQs)

 Want to speak to a live person call up MOnday to FRiday 8:00 am to 5:30 pm Esatern Standard time at 856-858-9509