Are you buying a house with mold? Is mold harmful? Should I be concerned about mold?

Mold is ubiquitous in our environment, but not all homes have mold and visible mold growth is a sign that something went wrong.

Mold can have an adverse health effect on people. Mold affects different people differently. Clearly if you are not allergic to peanuts or dairy products, consumption of these food items (within reason) will not cause you harm.  The problem with mold is people are subjected to it unknowingly after they move into a new residence and after days, weeks or months health concerns arise.   

Should you have a mold inspection prior to a home purchase?   Yes, if you want to ensure the home doesn't have mold, years you should have a mold inspection.

Mold can be harmful in a variety of ways.  Inhaling mold spores creates a reaction, which is your body finding that it doesn’t like the mold and your body fights the spore.

Think about how pollen can create a reaction in susceptible people. Now certain molds can produce mycotoxins and microbial volatile organic compounds which can affect humans. These are created by mold growing, you are inhaling these compounds when you smell the musty odor associated with mold.

Understand mold digests organic material, a great example is how mold breaks down your compost pile outside. So mold in a building will consume organic material, such as paper, sheetrock, cellulose, wood, and other items. As these materials are consumed, compounds are made (think stomach acids) by the consumption of the material as well as the building materials breaking down into other compounds. Paint is paint, right? Or is paint a number of compounds that are the ingredients of paint? The paint is present on a sheetrock wall, when this wall has mold growth, mold breaks down the paper and the paint causing off-gassing. A person can be allergic to the compounds that mold creates when consuming your home. Now mold is really resilient and will grow when conditions permit the mold to grow and will go dormant when the conditions are not conducive for mold growth. So, if you add water and warmth to a room, mold can grow. Take away the water and put temperatures below 50 degrees and mold goes dormant, waiting to grow another day. If you intermittently smell a musty odor, it mold gets wet and grows. The smell goes away when the water goes away. This situation means you have a water leak that is intermittent.

Mold inspections can test for hidden mold and molds that are not actively growing. An abundance of invisible airborne mold spores can be a health hazard to humans when inhaled.

Is mold everywhere? Yes pretty much anywhere on earth mold is present, that said we have completed thousands of mold inspections, and not all inspections find mold. So if someone tells you every home has mold, well, it may be accurate, but it depends on what level of mold growth and airborne spores are present.

When Mold is present it points to an issue, could be a water issue, moisture, leak and much more. Want to speak to a mold expert?  

856-858-9509

HUD's New Final Rule, 24 CFR 35, dictates that lead dust should be below the following standards:

Less than 10 µg/ft2 (micrograms of lead per square foot) on floors, 100 µg/ft2 on windowsills. 

100 µg/ft2 on window troughs

When a lead wipe sample fails, it indicates that lead dust is present on the surface sampled.

The lead risk assessor should be able to point to the causes of the wipe failure so appropriate corrective action can be implemented.  To be practical, you are not wipe sampling when deteriorated paint is present.  So, when a wipe sample fails you must look to see how many failed.  Is it systemic through the property or in an isolated area?  So if you have four (4) floor samples and one fails, it needs to be evaluated as to why only one failed. 

The amount of lead that meets clearance criteria is a very minimal quantity and is often not visually seen with the naked eye. In recent years the lead dust limit for floors was four (4) times higher than its current standard. This could lead to failures if surfaces were not properly cleaned, even when deteriorated paint is not present.   All wipe sampling represents a snapshot in time regarding lead on a given surface. Once failure has occurred the area must be cleaned or recleaned until post-cleaning wipe samples meet criteria. A successful method of cleaning involves sequential cycles of HEPA vacuuming and wet wiping surfaces. Wet wiping can be performed with cleaning compounds specific to lead.  Lead dust is chemically sticky, so utilizing a  cleanser to break the chemical bond is critical.

You may find the lead dust is from deteriorated paint, which would require abatement or interim controls.  Interim controls are a set of measures designed to reduce temporary human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, and ongoing monitoring of lead-based paint hazards or potential hazards. You can think of interim controls as dust removal, paint stabilization, and/or control of friction/abrasion points on building materials that are in good condition and repairable.     Seriously deteriorated surfaces that cannot be “repaired” will require replacement/abatement. 

 When the order is for interim controls, the following criteria shall apply:

1. The person performing the interim controls shall: Complete training in accordance with the Occupational Safety and Health Administration Hazard Communication requirements at 29 CFR 1910.1200 (see (a)1i and ii above, have successful completion of training as a certified renovator for New Jersey through the Department of Community Affairs;

The United States Environmental Protection Agency (EPA) certifies Renovation, Repair, and Painting contractors. These firms are certified to perform renovation, repair, and painting projects that address lead-based paint in homes and childcare facilities. This work is often involved in interim control methods. Information may be found online at: https://www.epa.gov/lead/leadrenovation-repair-and-painting-program .

2008 Lead Renovation, Repair and Painting Rule beginning April 22, 2010, firms performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities, and kindergartens built before 1978 must be EPA- or state-certified and must use certified renovators who follow specific work practices to prevent lead contamination.

After interim control and or cleaning is performed, the space to be sampled should be kept closed to human entry prior to performing post-wipe sampling. This ensures accurate wipe sample results that are free of outside sources of lead.

If lead wipe samples fail as part of a Risk Assessment in New Jersey under the NJ Lead Safe Law, landlords have 30 days to address the problem so reinspection and sampling can be performed.

If the unit is occupied where a wipe sample failed, the lead risk assessor or the certified evaluator thought there was a serious problem, the evaluator or the local health department could do a complete lead hazard investigation and make a decision on occupancy.   

Call the Lead Experts

888-301-1050

Does the owner of the property have to be made aware tanks weep is being performed?

A tank sweep is a form of due diligence, like a home inspection, every seller has to allow inspections, although they don’t have to agree to fix anything.  Every seller should be aware that the buyer is paying for these inspections, so they are aware these items are a concern.  Nobody likes to be surprised by problems, which inspections by nature are looking for.

The owner should be aware we are doing an inspection specific to oil tanks because if we find a tank we want it removed and I was told they have no knowledge of any oil heat.

Do you need to go inside the building during a tank sweep?

100% you have to go inside the building and inspect for evidence of prior oil heat.  Anyone not going inside is doing an incomplete inspection. To provide a thorough tank scan, Curren needs access to the basement heater room during the scan and no cars in the driveway.

An oil burner switch and an oil burner fuse inside the door are both clues that are indicative of oil heat.  Curren also sees "cut outs" in the flooring of the basement, or lines sticking out of the flooring, both are clues that an oil tank was present on the property at some point in time. 
 

Speaking of visual assessment as part of a tank sweep, one of the photos below suggests an oil tank the other is 100% not an oil tank.  The trained technician knows the difference.

What happens if you find an oil tank during a tank sweep?

When a tank is found the owner/seller must be informed of the tank and that it needs to be removed and tested to verify no leaks.  But it goes deeper than that, a cascading series of events occurs.

1. The settlement will need to be pushed back typically a month or more as you need time to get permits, remove the tank and get soil sample results. Example: We just had a tank located and removed prior to the settlement they pushed back settlement twenty days on day fourteen we removed the tank and it leaked, now the leak is reportable to the state environmental agency, and you will have to do reporting to the government, which takes time.   As we waited a week for the test results, the settlement was not moved back any further, three days before settlement we get all the test results 100% failure and soil remediation required. The Realtor, mortgage company, and buyer were like deer in the headlights as there was no backup plan.

2. Find a tank, the seller must address the tank for the buyer or cancel the contract and disclose the tank to all FUTURE BUYERS, meaning updating the Disclosure Statement.  A Realtor must update the listing referencing the tank. Example: had one where we found a tank, the seller canceled the contract, and got a new buyer but NEVER DISCLOSED the tank.   Buyer found tank AFTER PURCHASE.   Man, the number of attorneys and people getting sued was large and the buyer walked away winning.

3. Find a tank, and see if the seller will take care of it because as you have just read, they need to do the right thing.  Buyer can push back settlement until at least the tank is removed and soil sample results are returned, and it can be determined if remediation is or is not required. Example: Had this situation occur, but the tank was found under a deck, buyers paid for soil testing where we could test, and contamination was found.   We found cancer, but the extent was not known because the deck prohibited access to drill test borings.   The buyer and seller came to some financial agreement on the purchase and the buyer got monies back or off the purchase price.   We remove the tank and performed a remediation, but the contamination was extensive, and the buyer needs more money to clean up the leak but the seller is saying they agreed on an amount and no more funds will be provided.

What are appropriate Due Diligence time frames?

One of the most common issues in buying and selling real estate is unrealistic due diligence time frames & settlement dates.  Settlement dates that are set PRIOR to any due diligence being completed is the biggest failure. If you are involved in real estate and the due diligence finds an Area of Concern (AOC) or a Recognized Environmental Condition (REC) 80% of the time the settlement date needs to be pushed back.

Quick example, completed Phase I ESAs for a site in New Jersey and Pennsylvania, both found potential USTs. Both required a geophysical, at one of the sites the property owner of 29 years swore there were no tanks, but they had zero paperwork to support that statement. Fast forward three (3) tanks were found between the two sites. Now you have to get NJDEP & PADEP permits and register the regulated tanks, both sites took about 50 days to get government permits.

Understand that Due Diligence has Many Layers and steps.

Take for example a farm being purchased that required a Phase I ESA, the due diligence period was set for 30 days with settlement on the 31st day.   The concern of the parties was whether the Phase I could be completed in 30 days, 90% of the time it can be, for the record most Phase I's can be completed in 2 weeks, sometimes 3 weeks.    But the real issue is the parties left no time for a Phase II, if required, and most all farms would require some form of a Phase II and that's coming from 30 years of experience.  Even if you tell people testing is likely going to be recommended, no one listens and no one extends the due diligence period, but everyone gets upset when they have to change the settlement date. Sure the seller could have done their own Phase I & II prior to selling the property and saved time and headache, unfortunately, few sellers are that forward thinking.

Let’s say, a property has had remediation completed, and multiple areas on a property were remediated. We just had a site that fits that bill.   A Phase I is still completed to protect the buyer but the Phase I has to review state environmental reports that were submitted, which can take 4 weeks to get copies of reports.  (Fact most owners have incomplete reports or cannot find the reports).   Obtaining records from the government is not quick and yes a one (1) month wait is not uncommon.  The 4-week due diligence period must be extended.  

On the site we just dealt with, which was commercial, it was disclosed that multiple AOCs had been remediated and closed out with the state.  But this site had other areas that were not remediated that warranted testing, multiple, like $42,000 worth of testing.  Granted the property was 10.7 acres, listed for close to 3 million dollars, so it should not be surprising that AOCs existed on the property and were not evaluated by the seller, I mean few people who own real estate want to find a problem. The buyer still wanted to proceed with testing and purchase, and the seller did.  Well, the seller ended the contract, they were concerned problems would be found they would have to address.  Now, did the seller side warn them that this scenario was possible, hard to say but I would venture a guess the answer is no.  Is the seller wise in thinking another buyer will come along to buy the property without testing? They can hope but are unlikely.  The buyer was more than upset that a deal valued in the millions would be stopped in its tracks due to their desire to test and ensure they were not buying a contaminated property.  The buyer also was willing to contribute to some amount of remediation.  

But let’s say the deal kept moving forward and the seller gave another 30 days of due diligence.  The testing could be completed in this 30-day window, but if remediation was warranted, 30 days is not enough.   But the seller says we can price out cleanup and negotiate a price reduction within 30 days.   Still an epic unrealistic situation as Phase II is just evaluating if contamination is present not the extent.  Say three areas out of 14 need remediation (an unrealistic low number but just play it out).    Your next step is to define the 4 areas which could take another 30 days maybe 90 depending on soil and groundwater.   This situation actually played out on another site and the due diligence was 9 and 1/2 months.

Pro Tip

All you bankers, real estate professionals, sellers, buyers, and lawyers listen up.  Ask your environmental professional what they would estimate for a reasonable due diligence, when a Phase I & II may be necessary.  Before you ask do not give them your desired date of settlement, you will likely bias their answer. Although as environmental professionals we are not clairvoyant, we can assess sites from a desk, and utilize experience from other sites we have evaluated many times before to say you may want to budget 60 days or 90 days, if it's less, well then you can settle sooner.  You should also consider if any cost sharing will occur with Phase II between buyer and seller and what the seller's pain point is on paying for remediation.   

For example, the client had a retail strip of stores with historic groundwater contamination. The economical solution was to monitor the groundwater for 8 quarters to show a declining trend and permit the contamination in place.    The 2-year budget was $86,000, which was also the amount the seller was willing to place in escrow after the sale for the buyer to use to pay for the work. But the $86,000 was a budget and could trend higher or lower.   This confused the buyer as well as the fact that there would be costs after the site is signed off that the owner would be responsible for and this is assuming groundwater trends lower. Some sites do not and you need to perform remediation to push levels lower.   This is another situation where all parties were not transparent regarding time frames and costs and what each party was willing to accept.

Last example and let me dumb this down for you.  

A residence had a leaking tank, which was discovered during due diligence.  The future cost of remediation was determined, what was not discussed was the time frame to remediate and when state would review and sign off (typically 2 weeks to 6 weeks to 2 months, depending on your state).     Well at settlement these time frames were discussed and the buyer backed out at the settlement table.  Now the blame on this one was the environmental company not timelining the remediation (parties not asking either).   People went in with blinders on and the deal fell apart.

If your due diligence finds environmental concerns, know that environmental has no drive-through lane, no same-day delivery, heck not even a delivery date.  Like medicine and law, it’s a practice, a somewhat inexact science, but data sets are out there if you are willing to listen.  So rather than say due diligence is 30 days, ask what the consultant thinks is the reasonable time frame.   Play out a couple of scenarios so all parties have an idea of what could happen, plan for the worst, and hope for the best.

Due Diligence Questions?

888-301-1050

New Jersey Department of Environmental Protection (NJDEP) signed into law the New Jersey Site Remediation Act (SRRA) in May of 2009.  As of May 7, 1012, all owners or operators of a contaminated site RP’s (Responsible Party) must hire an LSRP, who will guide and oversee environmental activities at the site.

Generally speaking, you should expect that LSRP involvement will be necessary on any contaminant except number two (2)  heating oil. So, gasoline, kerosene, pesticides, metals, PCBs, hydraulic oil, etc., would have to have an LSRP oversee testing and remediation.

The regulation also changes what is known as an NFA (No Further Action) letter. Prior to the law, once you remediated a site you received an NFA. Now, NFAs are issued for UHOTS (Unregulated Heating Oil Tanks), heating oil discharges from USTs under 2001 gallons which are the unregulated heating oil tank definition pertaining to size.  So, all other sites now get a RESPONSE ACTION OUTCOME (RAO).

Before the LSRP program was implemented and after contamination or a release was identified, and the NJDEP had been notified, the Responsible Party (RP) was required to hire an environmental consultant who would investigate the contamination on the site, and ultimately provide remediation if necessary. This old approach would require owner consultants to submit reports to NJDEP and await a response, which could take months or years to receive a response.   It was a slow program for sure and many sites fell through the cracks with no driver from NJDEP requesting investigation and testing of a site, many properties had no work performed. For sites that made forward progress the NJDEP would issue a No Further Action Letter (NFA), which was the gold standard for closing out environmental contamination.

Since May 7 of 2012, all owners or operators of contaminated sites (Responsible Parties) must hire an LSRP since  The NJDEP would no longer oversee site remediation, and under the program, the LSRP is required to proceed without prior NJDEP approval.  Think of LSRPs as deputies of the NJDEP and are required to follow NJDEP regulations, while utilizing professional judgment to investigate and clean up a site.

Upon successful completion of remediation, the LSRP issues a RESPONSE ACTION OUTCOME (RAO).  No NFAs are issued any longer for sites that require LSRP involvement. So your end goal is an RAO for a typically commercial site that has contamination other than heating oil. The rub with the RAO is NJDEP has 3 years upon receiving the RAO to audit the RAO. So you can have a 3-year open window that the NJDEP may want changes to the RAO or disagrees with professional judgment and requires more work. Typically, NJDEP asks for changes to wording on forms, etc., at least for RAOs Curren has issued, we have seen RAS rescinded because some LSRPs are cowboys and stretch judgment regarding not having to follow typical protocols.

LSRP Questions?

RAO questions?

Call the Experts

856-858-9509

What are the requirements of property owners under P.L. 2021, c. 182?

How does NJ Lead safe law affect a property owner? Landlords are required to have their units inspected in accordance with the law.  If you are a landlord of a residential property built before 1978, your property requires an inspection by July of 2024 or earlier if a tenant vacates prior to that date. 100% of properties require visual lead risk assessment, and some municipalities ALSO require dust wipe samples to be obtained.

The landlord must:

• Complete the lead inspection of the property. 
• If lead paint hazards are found, remediate any lead hazards by abatement or lead-based paint hazard control.
• Provide evidence of the lead-safe certification or better yet a copy of the lead-safe certification to tenants.
• Report all tenant turnover activity to the municipality. 
• Provide a copy of N.J.A.C. 5:28A, and any lead-safe certifications to any prospective owners of the dwelling during the real estate transaction, settlement, or closing.  If you sell the property, the new owner must be aware of any lead-safe certifications.
• Provide a copy of the guidance document, Lead-Based Paint in Rental Dwellings.
• The Rental owner is obligated to provide a copy of any lead-safe certifications to the municipality.

Municipality obligations regarding the Lead Paint Law

Municipalities are required to ensure inspections are performed and may perform the inspection themselves or subcontract. Municipalities must allow landlords to perform their own inspections if they do not want the municipality to do so. Municipalities must maintain a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17. Lastly, Municipalities are required to maintain a record of all dwellings subject to the lead-safe law which includes:

• up-to-date information on inspection schedules,
• inspection results,
• tenant turnover,
•  record of all lead-safe certifications issued
• maintain a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.

Do you feel like you have lead on the brain? 

Call the lead expects.

888-301-1050

What is the difference between a lead-safe and a lead-free certification?

Lead-safe means you have lead paint and it is well maintained and not deteriorated, flaking, etc. The lead hazard is contained and therefore does not represent an exposure pathway to humans. Lead-free, means you have no lead paint, the property is free of lead paint, and no lead paint hazard exists.

In the United States lead paint was banned in 1978 by the Consumer Products Safety Commission.  Consumers could not buy lead paint after 1978, but commercial sites still could.   The logic is if it was banned in 1978, homes built after 1978 should be lead-free after that date, but that is not always true.   Following the same logic, homes built before 1978 have the potential to contain lead paint. 

Lead paint was moisture resistant, dried fast, and wore like well lead, so lead paint had attributes anyone painting would find desirable.

EPA & HUD attempted to manage the risk of lead paint and established standards and protocols for evaluating lead paint, testing lead paint, and what to do when lead paint is found.  They learned that homes have lead paint on everything and even varnishes had lead, so basically pretty much any surface could contain lead.  Testing every surface for lead paint is time-consuming and expensive, so protocols were established that had costs in mind as the target housing for lead paint testing. The target was large multi-family rental buildings, causing the owners to incur substantial costs to evaluate for the lead paint on every surface in every room.  For example, a typical 3-bedroom home could have 300 lead tests performed.

There were also protocols established when lead paint was found and a child living in the home had an elevated lead blood level.  The protocol evaluated the child and what they were exposed to at home, outside, and even where family members worked Remember, as was stated early lead was banned for consumers, not commercial uses.  This assessment of lead risk was established as a Lead Risk Assessment.

What is a Lead Risk Assessment?  

A risk assessment is an on-site investigation to determine the presence, type, severity, and location of lead-based paint hazards, including lead hazards in paint, dust, and soil. The risk assessment provides suggested ways to control them. Risk assessments can be legally performed only by certified risk assessors.

New Jersey has a lead safe law for rental units.

The lead safe law requires a lead risk assessment to be performed to obtain a Lead-Safe certification.  The NJ lead inspection does not require testing of painted surfaces as there is the presumption that lead is present.   In NJ, some towns require dust sampling to see if lead paint is being liberated even if all painted surfaces look in pristine condition.

A lead-safe certification is a one-page form developed by NJ for these inspections. There is no HUD or EPA form used even though they are the entities that established the lead evaluation process and New Jersey law relies upon their protocols for their lead safe law, Confusing right?

There is no universal and clear cut lead-safe certification or requirement to verify that lead is or is not present. The New Jersey laws assume the paint is guilty aka it has lead.

Now everyone values freedom of choice and landlords subject to New Jersey lead-safe law may want testing of painted surfaces to confirm or deny lead is present and if lead is not found to obtain a lead-free certification.  But EPA and HUD have no form or certificate that can be filled out to certify a building as lead-free. 

So what is a lead-free certification?

A lead-free certification is actually a report that is compiled after a Lead Paint Inspection is performed, saying that documents all surfaces were tested for lead and no lead was found.  The report includes all test results and calibration of testing equipment to verify the results are accurate and a floor plan of the building detailing the sampling identification results for each room.  The report is a road map of the dwelling showing where and what was tested and the test results.  The conclusions of the report would be no lead paint was found the dwelling is lead-free.

How do you get a lead-free certification?

You have to complete a lead paint inspection which must be performed by a licensed and certified Lead Paint Inspector.   A Lead-Free inspection begins with a visual inspection and a hand-drawn floor plan of the rooms in the building.   Once you have the interior of the building outlined, you go test all surfaces with an XRF Gun.   This takes hours as you are testing walls, baseboards, window sills, moldings, handrails, doors, inside of closets, stairs, ceiling you name …all fixed painted surfaces.

The lead-free certification process is exhaustive and often times the dwelling fails because even though the owner believes they gutted everything, lead paint is found in an area untouched.  If you want to know where we find lead and properties fail for lead-free, call our office.

Monday to Friday 

888-301-1050

When lead paint is found and the lead-free certification is out the window, you pivot and perform a lead risk assessment with the intention of obtaining a Lead-Free certification. 

How can I be more environmentally friendly, more green?

How can I be more friendly to the environment? We hear this a lot. No one is against being green, as long it is not a big inconvenience. The New Jersey plastic bag ban forced millions of people to stop using plastic bags and to change their habits of bringing reusable bag into the store when they go shopping.  If you don't live in NJ (lucky You), start stocking reusable bags in your car and when you go to the store put your cell phone in a reusable bag 100% you won't leave the car without a reusable bag or phone.

There are other voluntary areas where the average person can help the environment.

Go Brown not Bleached White. White napkins and paper towels go through an extra process to make them white. Choose to buy the brown one. In short order stores will sell out, sales will increase, and manufacturers will make more brown paper products reducing the bleaching process and associated chemicals that get discharged into our waterways.

Cleaning supplies i.e., what are safe cleaning chemicals?  

Your grandmother was right, vinegar is an excellent cleaning compound. Reliable and Scientific Tips for Cleaning With Vinegar | NSF.     People love scents and a cleaner with a fresh scent fools people into thinking that some serious cleaning has occurred. Well, any scent you smell is an assortment of chemicals formulated in the lab that are simply there to fool your senses.   The scent of a cleaner has ZERO effect on the effectiveness of the cleaner.  In short buy scentless cleaners or use vinegar and make your own. I am not going to even go into the fact that a gallon of vinegar would last the average person 2 years, which is a huge saving and yes you will have to buy a reusable spray bottle to mix your own. SUPPLYAID 32 oz. All-Purpose Leak-Proof Plastic Spray Bottles with Adjustable No-Leak, Non-Clogging Nozzle (12-Pack Bundle) BDL-A0027 - The Home Depot

Your health and the environment can go hand in hand. 90% of people disinfect the wrong way.   Surprised that you do not know how to disinfect? You shouldn’t be, because we do not read instructions. If you use bleach, which is a great disinfectant, readily available and inexpensive you likely are using it wrong.   When you spray a surface with bleach (pretty much any disinfectant) and then wipe the surface, you are going it WRONG.  Bleach and pretty much any disinfectant needs a 10-minute set time to disinfect.   Use of disinfectants: alcohol and bleach - Infection Prevention and Control of Epidemic- and Pandemic-Prone Acute Respiratory Infections in Health Care - NCBI Bookshelf (nih.gov)      Bleach is not the only disinfectant that needs time, all disinfectants need time to work. We apply mold fungicides (disinfectants) and they require a set time (on average 10 minutes). So if you are sick or want to properly disinfect a surface you have to apply and wait before you wipe it off, who does that?

Wash cloth in cold not hot water.  

Due to the government driving manufacturers to be more energy efficient, most all detergents are designed to work in cold water. Tide Plus Coldwater Clean Liquid Laundry Detergent | Tide   I constantly find my washer setting set to hot r warm water when it is not needed, but my family doesn’t listen.

Yard and Lawn watering.   80% of people water improperly. Early morning (4:00 and 8:00 a.m. ) is the best time to water plants, scrubs, and lawns, BECAUSE the cooler temperatures, minimal wind and higher humidity allow the water to soak in rather than evaporate. Evaporation rates can increase exponentially as the day goes on.

Shrubs, water aggressively within the drip line of the shrubs, this forces water deeper, driving roots deeper into COOLE soils, which are more resistant to heat stress since the roots are at a deeper depth and cooler temperature.

 Pulse your watering to prime the soil and prevent runoff. What the heck does that mean? It means a dry sponge is finicky in soaking up water, but a damp sponge is more willing to absorb water.   If you gently water shrubs, the soils will go from dry to damp, allowing more water to be absorbed. But the process takes time so a short watering allows the water to soak into the dry soils. Damp soil more readily accepts water than dry soils, by pulsing your watering you will increase water absorption by 50% when compared to your typical water routine. Case in point ever water a potted plant and water overflows? How about water runoff on a lawn?

Energy production is not green for over 90-% of the energy that we produce, so use energy wisely.   Swap out your non-led lightbulbs with led and save 75%. Meaning an LED bulb uses 75% less energy than an incandescent bulb. Pro Tip, LED bulbs are more expensive and if you are afraid of not recouping the expense, save all your incandescent bulbs in a box. When you move swap them back and take the LEDs t your new house.

Buy bulbs smart and no I do not mean smart bulbs which we view as too expensive today to justify the investment. What we mean is based on light output. Lumens and the Lighting Facts Label | Department of Energy

With LED bulbs think lumens, not watts.

The brightness, or lumen levels, of the lights vary considerably. Here are some rules of thumb to follow:

• An old 100-watt (W) incandescent bulb, is 1600 lumens, so buy a 1600 lumen LED.
• 75W bulb = 1100 lumens
• 60W bulb = 800 lumens
• 40W bulb = 450 lumens

Plastic Utensils, just stop buying them   They are single-use, and no one reses them but my brother, yep he washes them and saves them. In lieu of buying plastic knives and forks, buy a set or two of spoons, knives, and forks. Keep them in their own holder and pull them out when you entertain.   You will save the environment and eventually receive payback on your investment.

 In the same vein, when you order takeout, how often do you get prepacked utensils you do not need? How about condiments you do not need?   When you order remember outside of the food let the restaurant know that you don’t need utilis or ketchup packs.

When buying a house you inherit the improvements, the land, and the fixtures. An oil tank would be classified as a fixture as it is connected to the house as a fuel source. Generally speaking, an oil tank would be thought of as something typically transferred during the sale.  The tanks in the photo below are newer, about 13 years old, and are in an 80-year-old house, the layperson's opinion would be great new oil tanks, right? Well, the older, wiser bull would ask -  what happened with the prior oil tank?

The answer would be the prior oil tank is in the ground or rather underground, and the in-use underground oil tank was replaced because the water was entering the oil tank the oil tank was not removed because it cost money and the new oil tanks were an unexpected expense. Trust us the buyer is going to want the buried tank removed.

To finish the story above, one of the oil tanks did leak, about $14,000 to clean up, so not that bad.

Oil tanks are a great exception when it comes to real estate.   Oil tanks are a known liability, a Recognized Environmental Condition (REC), or an Area of Concern (AOC). Oil tanks age and wear and when the failure occurs,  oil leaks, which causes soil contamination, which under current laws is the responsibility of the owner to repair and remediate.  Now, buyers are known to sue sellers after the sale occurs if they discover the oil tank leaked and buyers believe owners did not disclose this key defect. 

Can you sell a house with an oil tank that is in use or decommissioned or abandoned?  

Sellers can indeed legally sell the home, but in the rare times this does occur there is liability generated for both buyer and seller.   To buy a property with a tank is to assume the liability associated with the tank, which some buyers assume is no liability.

Why would a seller want to sell a property with an oil tank?

First to remove and replace an oil tank, budget $2,000 for removal and $3,000 or more to install a new oil tank. Converting to natural gas, budget $10,000. The first reason to sell with an oil tank is seller saves money and why would a seller want to upgrade a house they are selling? But that isn’t even the real reason sellers sell with an oil tank, it's because the remediation of an oil tank can cost $30,000 or more, or less, but the cost to remediate is more than most people can budget, so it’s an expense people avoid.

 So who has liability when selling a house with an oil tank?

Both buyer and seller have liability. For a seller, when the transfer occurs, no doubt the buyer is not anticipating a $50,000 cleanup and when that occurs, lawsuits occur as the buyer suspects the seller knew about the oil tank and lied. Sellers who sell tanks are viewed as used car salespeople. We have seen every sort of lawsuit from Estates to retired people to young couples selling to buy a larger home, in every scenario the buyer finds contamination that they believe the seller knew about. In most cases the buyer wins and the seller pays.

How does a buyer have liability for buying a property with an oil tank?

Buyer beware, break it you buy it, possession is 9/10^th of the law. Whatever the term, if you own the property, you own the problem. Sure, you can sue the seller as in our example above, but if it is say an Estate and the estate dissolves and the money is gone, good luck.

What if you have an abandoned oil tank and disclose it to the buyer?

Buyers buy homes where the seller discloses they had an oil tank filled in place tank, after they buy the property they realize that an abandoned oil tank doesn’t mean no leaks. The saying goes as long as it was abandoned properly, that oil tank does not present any legal issues. The real question isn’t whether a seller can do it, it’s whether a seller should or to put it in simple terms are you 100% the abandoned oil tank does not represent an issue?

Case in point, property being sold, owners did not disclose an oil tank.  The buyer does an oil tank weep and finds an oil tank.  Sellers dig up information on the oil tank, even though two days earlier they did not know the underground oil tank.   Curren Environmental is requested to review the paperwork.  It included an invoice, a copy of the permit (to fill the oil tank in place), a copy of the oil manifest, a hand-drawn map of the property and a one-page letter which I snipped below. 

Makes No Warranty or Certifications to Soil, Groundwater, or Environmental Conditions.

So did the tank leak?  I don't know, but the company that did the work is not saying it did or didn't. per the statement above. 

The next step is to the oil tank gets removed and tested, because the paperwork is insufficient in today's environment, but to be fair this wasn't sufficient in 2005 either, but the people who owned the house did not want to find a problem so they hired a company who would not test the soils.  Of course, flashforward to today and they are paying again to get the tank decommissioned so they can sell the property.

What do you have that says the oil tank did not leak? 9 times out of 10 it’s the wrong document, like my example above. A thousand other set of documents that is insufficient to certify the oil tank as nonleaking. 

Buyers and sellers need to be on the same page with oil tanks.

Did you look for contamination when the oil tank was abandoned?   Like when a dentist looks for cavities, when you abandon an oil tank there are steps you take to certify the tank did not leak, and also testing, like an x-ray.

What if you remove the oil tank instead of filling it in place? Would we find contamination?  

We often find contamination when removing abandoned oil tanks. Yes, you read that right, we find some evidence of contamination, of past soil contamination (maybe a previous tank buried in the same area as an abandoned oil tank, sometimes we find a 2^nd oil tank. In all these situations we find contamination that wasn’t picked up before, and now it's reportable to the state, and the owner has to clean it up. How do you know if you have proper documentation certifying a tank did not leak?

Every year we peer review thousands of reports, lab data, and documents about prior environmental work, to see if our clients are covered. Often the data is lacking or there is an issue that people gloss over.  In most all cases, we have to recommend the removal of the tank, which is reverse engineering the prior work.

Is it better to remove or abandon an oil tank?

Removal is always better because the tank is gone, there should be no issue if it leaked because you can see the tank out of the ground and it’s easy to collect soil samples from the ground after the tank is removed.

Tanks destroy curb appeal so if selling a house with an oil tank, no one is going to say hey that’s a benefit. The number of buyers is smaller than a property without an oil tank. A house that has an abandoned underground oil tank will stop most buyers in their tracks because the buyer doesn’t want to inherit some problem in the future.

We have had plenty of clients (who eventually hire us to remove the oil tank) selling with a properly abandoned oil tank, properly abandoned in the ground. All permits were obtained, but the deal repeatedly falls apart. Why?  Because the buyer goes into attorney review, and they talk to their attorney and decide they won’t proceed out of attorney review unless the seller agrees to remove and test the oil tank.

Now many developers and house flippers will buy a house with an oil tank, but you hope they disclose the tank to the next buyer, otherwise, lawsuits occur, and the original seller whom the flipper bought the house from gets sued. Why sue?   Because an oil tank is found and the buyer demands removal, then contamination is found and you, as the original seller, obviously knew about the contamination.

Let’s say you even find someone who wants to buy the house with the oil tank, well the mortgage company may have a thing or two to say. Most lenders are hesitant to make a loan on a property that has an abandoned underground oil tank, even if you have permits. Sometimes for certain loans, the oil tank makes the lender pull the load or the lender wants the tank removed to provide a mortgage.

These are some of the reasons why an oil tank should be properly removed and documented.   yo less likely to get sued and more interested buyers translate to a higher purchase price and of course less headaches.

Lead Risk assessors are required to perform dust wipe sampling only in towns that are on the DCA list 2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182.  Link below:

2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182

Some municipalities that have staff to complete the inspection  want to do both visual and wipe sample., even if the town is visual only.

The law allows municipal inspectors to perform visual and dust wipe even if the municipality is not a dust wipe town.  The law reads as follows:

For dwellings located in a municipality in which less than three percent of children six years of age or younger tested have a blood lead level greater than or equal to five micrograms per deciliter, the inspection may be carried out through visual inspection, as explained in Section 3.3.4, below. However, these municipalities may elect to undertake dust wipe sampling, as explained in Section 3.3.5, below.

3.3.5 (p.15) says:

3.3.5 Dust Wipe Sampling Dust wipe sampling is collected by wiping representative surfaces, including floors (both carpeted and uncarpeted), interior windowsills, and other similar surfaces, and testing in accordance with a method approved by HUD. These samples must be undertaken properly to ensure that results are accurate. N.J.A.C. 5:17 contains requirements for dust wipe sampling. In addition, Appendix 13.1 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing provides the protocol for sample collection. This Appendix is available online at: https://www.hud.gov/sites/documents/LBPH-40.PDF. It is recommended that the lead evaluation contractor or permanent local agency also perform a visual inspection when undertaking a dust wipe sampling.

Many municipalities chose to do wipe sampling in addition to visual because it provides a higher level of confident that there is no health risk at the time of inspection.   Attorneys and insurance carriers might prefer it though, so the inspection is more thorough.  Although dust wipe sampling adds cost when not required and it might pick up lead contamination from some source other than paint.

The NJ Lead Safe law has created a lot of confusion for landlords.  Bottom line it pays for landlords to contract their own lead paint inspection for rental units.

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