Hot Environmental Topics

 When a property is not connected to a public sewer, it relies on a residential wastewater system, commonly called a septic system. For real estate transactions, that detail matters more than many people realize, because septic systems come with maintenance responsibilities, inspection requirements, and potential repair costs that can affect a sale. 

 Whether you are listing a home, preparing to buy, or getting ready to sell, understanding the basics of septic systems can help prevent surprises, protect your client, and keep the transaction moving smoothly.

How a Septic System Works. 

A septic system is designed to collect, treat, and dispose of household wastewater on site. In a typical setup, wastewater flows from the home into a septic tank, where solids settle and liquids move on to the drainfield for further treatment in the soil.

 Because the system works underground and out of sight, many homeowners do not think about it until there is a problem. That is why real estate professionals should be prepared to explain that septic systems are not “set it and forget it” features — they require regular care and routine pumping. 

Why septic systems matter in real estate.

A septic system can have a direct impact on home value, buyer confidence, and closing timelines. Buyers may be unfamiliar with the responsibilities of septic ownership, and sellers may not always have clear maintenance records available.

 For that reason, septic systems should be treated as a major part of due diligence. A professional inspection can reveal whether the system is functioning properly, whether maintenance has been done on schedule, and whether there are any hidden issues that could affect the sale. 

What realtors should ask for.

For agents representing sellers or buyers, it helps to gather key septic information early in the transaction. Important items include pumping records, repair history, inspection reports, and any available documentation from the original installation.

t is also helpful to confirm:

• Whether the property is on sewer or septic.
• The location of the tank and drainfield.
• The date of the last pump-out.
• Any known repairs, failures, or upgrades.
• Whether the system has been inspected recently.

 Having this information upfront can reduce surprises, support better pricing, and make disclosures more complete.

What buyers should know.

For buyers, owning a septic system means taking on a system that needs regular attention. That includes pumping on the right schedule, limiting excess water use, and being careful about what goes down drains and toilets.

Buyers should also understand that septic systems can be costly to repair or replace if they fail. At the same time, a well-maintained system can serve a home reliably for years, making it a perfectly manageable part of homeownership when handled properly.

What sellers should prepare.

Sellers can help a transaction go more smoothly by organizing septic records before the property is listed. If the system has been pumped, serviced, or repaired regularly, those records can become a selling point rather than a concern.

 If records are missing, sellers should not wait until an issue comes up during inspection. A pre-listing review of the system can identify concerns early and give everyone time to address them before the deal is at risk. 

Best practices during a sale.

The strongest septic transactions tend to follow a few simple best practices:

• Confirm whether the property is served by septic or sewer.
• Obtain a professional inspection during the transaction.
• Review pumping and maintenance records.
• Educate the buyer on basic system care.
• Make sure any known issues are disclosed early.

 This approach helps protect all parties and gives buyers confidence that they understand what they are purchasing.

At Curren Environmental, we understand how important septic systems are in residential real estate transactions. If you are involved in a property transaction and need septic guidance, it is worth addressing early. A little due diligence upfront can save time, money, and stress later.

I had a commercial realtor ask what a Phase I would cost for a light commercial property. They then asked how much the Phase II would cost. No one can provide a Phase II cost without first performing a Phase I, which will map out Areas of Concern (AOCs) or Recognized Environmental Conditions (RECs). If I could accurately predict a Phase II cost, or anyone could for that matter, you wouldn’t need to do a Phase I. You would also likely be able to predict winning lottery numbers. Would you go into a hospital and ask for surgery to be performed without a prior Doctor’s evaluation? The correct answer is no.

We touch a few thousand sites a year, and not every property requires a Phase II, so the Phase II cost would be zero. When a Phase II is required, the cost depends on the required work. No matter the Phase II cost, the buyer is now tasked with spending more money on a property they do not own, which can delay the sale.

How do you fast-track environmental due diligence in a commercial real estate transaction? It’s pretty easy; you start it prior to listing the property for sale. Owners should have a Phase I completed prior to trying to sell the property, and if the Phase I triggers the need for a Phase II, you do the Phase II to ensure that there really are no issues. Obviously, if there are issues, you fix them, the property is then salable and fast. This gives the property sex appeal, so to speak. Why, well, doesn’t a buyer have to spend money for a Phase I, Phase II, or Phase II, all of which can add weeks or months to be completed to get to settlement? In short, it takes the environmental unknown off the table.

Why do sellers not take this rapid-fire approach, mostly due to bad advice? I was talking to a commercial realtor, who moves a lot of real estate, and asked them about doing prelisting due diligence. Bottom line: 20 years ago, it was not that unusual to have a transaction where a Phase I was not performed. Today, it is highly uncommon, regardless of whether it is a 1031 Exchange, cash deal, or bank-financed purchase, a buyer is going to do the Phase I at the advice of their attorney, realtor, or bank. Sellers can be very naive regarding how potential buyers perceive their property.

They further stated they would recommend a seller do a Phase I and whatever else they need to evaluate environmental issues on the property they are selling. Although buyers are willing to pay for a Phase I, you get a long pause when testing a property that they do not own. The big question they get is if they find a problem, will the owner do anything, and in a timely fashion.

Properties bought 20+ years ago that didn’t have a Phase I performed and owned by people who consider environmental due diligence unnecessary? Well, those owners are ostriches; they didn’t do it when they bought it and don’t see the need now, and those transactions take 2 to 3 times longer to close if they even get to the settlement table. Unfortunately, you have inexperienced realtors who lack commercial due diligence experience and fail to manage sellers’ expectations regarding due diligence. Meaning they do not have the discussion regarding doing a Phase I and Phase II if needed. Many sites require ZERO dollars to be spent on a Phase II, but you have to do the Phase I to know that.

They presented a very basic example: you list a property for $400,000 with zero due diligence from the seller, the buyer does their due diligence, finds an issue, and the seller spends $42,000 to address environmental issues. Property is sold, but the seller gets less money than anticipated. Same property, different approach, seller does Phase I, II, and III. We list the property for $442,000 (building in the cost of environmental), and we market the property accordingly. We market the property as having gone through environmental evaluation and cleanup (offering all reports for the buyer's review), offering a fast closing, and removing questions regarding environmental expenses. Super appealing to buyers who understand the value presented. It can also offer a guaranteed closing date for the 1030 Exchange crowd.

I circle back to the realtor asking what the Phase II cost will be, before a Phase I is performed. This presents a complete lack of understanding of the process. In turn, you have to explain this to a seller who has even lower knowledge. Pro tip to realtors: if your buyer asks what a Phase II will cost, reference another property you sold and what monies were spent, that presents both an answer to their question, an example sale, and reinforces your experience of the environmental due diligence process. Bottom line, sellers are often given bad advice regarding the likelihood of environmental due diligence being performed, and in doing so, they can miss out on selling a property quickly and for the real market value of the property.

Expert Due Diligence Advice

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

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

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

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

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

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

Include a specific warning statement about lead-based paint

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

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

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

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

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

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

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

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

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

June is National Homeownership Month, a perfect time to celebrate the joys and responsibilities of owning a home. Promoted by organizations like the National Association of Realtors® and the U.S. Department of Housing and Urban Development (HUD), this month reminds us of how homeownership builds wealth, stability, and strong communities. As you buy or sell a residential property, addressing potential environmental hazards early is key to a smooth transaction and long-term peace of mind. At Curren Environmental, we specialize in helping homeowners, buyers, and sellers identify and resolve these issues, ensuring your real estate journey is safe and successful.

Why Environmental Inspections Matter in Residential Real Estate

Many older homes or properties in certain regions hide environmental risks that can affect health, safety, and property value. Common concerns include buried oil tanks from former heating systems, mold growth, lead-based paint, and asbestos materials. Ignoring these can lead to unexpected repair costs, health issues, or complications during sale. Proactive inspections during due diligence protect buyers from inheriting problems and help sellers disclose issues transparently, avoiding delays or disputes.

Since 1998, Curren Environmental has served New Jersey, Pennsylvania, and Delaware, providing targeted environmental services for residential transactions. Our goal: smooth closings with no surprises.

Key Services Curren Environmental Offers for Home Buyers and Sellers

We focus on the most relevant inspections for single-family homes and residential properties, delivering fast, reliable results with in-house expertise and equipment.

Tank Sweeps with Ground Penetrating Radar (GPR)

Many homes built before the 1980s used underground oil tanks for heating. Abandoned tanks can leak, contaminating soil and groundwater—a major red flag in transactions. Our tank sweeps use advanced GPR technology to non-invasively scan for buried tanks or anomalies. If detected, we handle safe removal and closure, compliant with state regulations (NJDEP, PADEP, DNREC), preventing future liability.

Underground Storage Tank (UST) Removal and Soil Remediation

If a tank is found or suspected, we expertly remove it, test the surrounding soil, and remediate any contamination. This turnkey service resolves issues quickly, allowing transactions to proceed without delays.

Mold Inspections

Mold thrives in damp areas and can cause respiratory problems. We conduct thorough visual assessments, air/surface sampling, and provide remediation guidance if needed—essential for buyer safety and seller disclosure.

Lead Paint Inspections

Homes built before 1978 often contain lead-based paint, hazardous, especially to children. Our certified inspections identify risks, helping families make informed decisions and comply with disclosure laws.

Asbestos Testing

Common in older insulation, flooring, and siding, asbestos fibers pose serious health risks if disturbed. We sample and test materials, advising on safe management or abatement during renovations or sales.

Our dedicated project managers oversee every step, ensuring clear communication, timely reports, and cost-effective solutions—no subcontractor delays or markups.

Ensuring Smooth Residential Transactions

Environmental concerns don't have to derail your home sale or purchase. By addressing them early—often during the inspection contingency period—buyers gain confidence in their investment, and sellers can market properties as "clean" and ready. We've helped thousands of residential clients close deals worry-free.

This National Homeownership Month, prioritize a healthy, safe home. Partner with Curren Environmental for the right inspections tailored to residential needs.

Ready for a seamless transaction? Visit www.currenenvironmental.com to explore our services or schedule a consultation. Here's to your dream home—and a brighter future!

Mold in your blood work?

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

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

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

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

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

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

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

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

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

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

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

Mold Questions?

Call the experts

888-301-1050

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

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

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

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

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

Increased Lead Abatement Needs:

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

Key Definition Changes:

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

Real Estate Mandatory Disclosure:

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

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

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

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

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

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

Lead Background

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

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

If you've dealt with a leaking heating oil tank in New Jersey, you've probably heard the term "NFA letter" thrown around. But what is it, exactly, and why does everyone seem to need one?

Here's the plain-English version - a No Further Action (NFA) letter is a final remediation document issued by the NJDEP confirming that either no contaminants are present, or that any contamination from a heating oil tank discharge has been cleaned up to applicable state standards. In practical terms, it's the document that officially closes the book on your tank case.

For most homeowners, it's also the piece of paper that makes everything else possible — selling your home, satisfying a mortgage lender, or putting an insurance headache to rest.

Residential vs. Commercial: Two Very Different Paths

It's worth knowing upfront that how "closure" works depends on whether you're dealing with a residential or commercial property. This distinction became codified under the Site Remediation Reform Act (SRRA):

Residential properties continue to receive an NFA Letter directly from the NJDEP through the Unregulated Heating Oil Tank (UHOT) program.

Commercial properties, on the other hand, receive a Response Action Outcome (RAO) issued by a Licensed Site Remediation Professional (LSRP) — the state no longer issues NFAs for commercial sites.

If you're a homeowner with a leaking tank, the UHOT/NFA path is yours.

How the Process Works in 2026

The days of mailing paper submissions to Trenton are essentially over. Here's how things flow today:

Step 1: Hire a qualified environmental professional. You'll need a NJDEP-certified Subsurface Evaluator or Licensed Site Remediation Professional (LSRP) who will complete the required forms in conjunction with you as the property owner. Make sure the firm you hire is certified under the UHOT program — you can verify this through NJDEP's DataMiner tool.

Step 2: Investigation, cleanup, and reporting. Once the work is complete, your contractor will submit a Remedial Action Report (RAR) along with the required UHOT forms. Submissions are sent electronically to the NJDEP's dedicated UHOT email address, after which you'll receive an invoice number to pay the fee online by e-check or credit card.

Step 3: Pay the review fee. The standard NJDEP review fee for a residential UHOT remedial action report is $400. If you pay by credit card, a 2% convenience fee plus $0.50 applies, bringing the total to $408.50. E-check is the more economical option.

Step 4: Wait for NJDEP review. Once the NJDEP deems the submission administratively complete and the fee is paid, the UHOT program generally takes two to four weeks to complete its technical review. If the case manager has any questions, they'll reach out to your environmental professional directly. Once everything checks out, the NFA letter is sent by email to you, your contractor, the municipal clerk, and the local health officer.

A Note on Testing Standards

Testing methodology has evolved considerably. The old "TPH" (Total Petroleum Hydrocarbons) approach has largely given way to Extractable Petroleum Hydrocarbons (EPH) analysis, which provides a more detailed picture of what's actually in the soil. If EPH levels exceed certain thresholds, additional contingency testing for specific compounds like naphthalene may be required.

It's also worth knowing that the NJDEP has updated several soil remediation standards in recent years. If you have an older case that was never formally closed, your historical data may need to be re-evaluated against current criteria. This is a good conversation to have with your environmental consultant before assuming an old cleanup still passes muster today.

Frequently Asked Questions

Can an NFA be rescinded?

Yes, though it's rare. An NFA can be rescinded if it's later found that the site has contamination above applicable NJDEP standards for soil or groundwater. This typically happens when original data was inaccurate or new contamination is discovered. It doesn't happen often, but it's a real possibility — which is why thorough, honest investigation matters from the start.

What if my tank was removed clean — do I still need an NFA?

No. If your tank came out with no signs of a discharge, you don't need an NFA. You'll simply keep the municipal Certificate of Approval from your local construction office. An NFA is only relevant when a leak has occurred and been reported to the NJDEP.

Can I sell my home without an NFA?

There's no state law that prevents the sale of a property with a pending environmental issue. That said, in today's real estate market, most buyers and nearly all mortgage lenders will want to see an NFA — or at minimum, an escrow arrangement to cover the cleanup — before agreeing to close. Going to settlement without one is technically possible but practically difficult.

How do I get a copy of an NFA I've lost?

NFAs issued from July 2021 forward are available for download through NJDEP's DataMiner tool using your property's address or Program Interest (PI) number. NJDEP is also uploading letters going back to September 2015, so many of those are now accessible the same way. For anything older, you'll need to submit an OPRA (Open Public Records Act) request through the NJDEP's online records portal.

Pro Tip for Buyers

If you're purchasing a home and there's a prior tank history, ask for the "Incident Number" or "Communications Center Number." With that in hand, you can run a search on NJDEP's DataMiner to see whether a case is still open or has been closed with an NFA — before you sign anything. It takes about five minutes and can save you a very unpleasant surprise at closing.

Have questions about your specific tank situation? Contact the team at Curren Environmental — we're here to help guide you through every step of the process.

 Thousands of New Jersey homeowners had their underground oil tanks "filled in place" instead of removed — and many are now discovering that decision can derail a real estate sale, create environmental liability, and cost far more than a proper removal ever would have .

What Does "Filled in Place" Actually Mean?

When underground oil storage tanks (USTs) were decommissioned in New Jersey, homeowners had two choices: full removal or abandonment in place. "Filling in place" — also called abandonment in place — means the tank was cleaned, purged of vapors, and then filled with an inert material like sand, concrete slurry, or polyurethane foam, all while remaining buried in the ground. Actually - that is what was supposed to happen, not all tanks were cleaned. 

Critically, this practice is still legal today. New Jersey's construction code permits a buried oil tank to be filled in place rather than removed. However, legality doesn't mean it's a good idea — especially if you ever plan to sell your home.

Why Did So Many Homeowners Choose Fill-in-Place Over Removal?

There were three primary reasons homeowners opted for filling a tank in place rather than removing it entirely:

1. They thought it was cheaper. This is the biggest misconception. In most cases — especially when a tank is buried under a lawn or mulch bed — removal and fill-in-place cost roughly the same amount. Both require the same equipment, labor, excavation, and permitting. The cost difference is real only in specific situations, such as a tank beneath a concrete driveway or inside a garage, where excavation itself becomes expensive.
2. They thought it would be less disruptive. Partially true. If a tank is in a difficult-to-access location, abandonment can reduce the footprint of disruption. But again, for a typical backyard or side-yard tank, the physical disturbance involved is comparable either way.
3. They didn't want to find out if it leaked. This is arguably the most common — and most costly — reason. If you don't remove the tank and test the surrounding soil, you never have to know whether it contaminated the ground. At the time, it felt like a way to avoid a problem. In hindsight, it only delayed one.

How Do Underground Oil Tanks Leak?

Most residential oil storage tanks were made of bare steel — a material that begins corroding the moment it's buried in moist soil. Over time, electrolytic corrosion eats through the tank walls, creating pinholes and cracks. Heating oil (typically #2 fuel oil) then migrates out into the surrounding soil, potentially reaching groundwater.

Even a tank that was "only used for a few years" can leak. Tanks don't need to be old to corrode — acidic soil conditions, fluctuating moisture levels, and poor backfill material can all accelerate the process. A tank filled with residual oil sludge is particularly vulnerable, as the sludge itself can be corrosive.

What makes this especially troubling for fill-in-place tanks is that the filling process doesn't stop ongoing corrosion of the tank shell. 

The Real Estate Problem: Why Fill-in-Place Tanks Kill Deals

Here's where the deferred problem becomes an immediate financial crisis -  almost every fill-in-place tank we encounter is being addressed because of a looming real estate transaction.

Buyers' attorneys, home inspectors, and lenders are all increasingly sophisticated about environmental risk. A buried oil tank — filled or not — is a red flag. Title insurance companies may refuse to insure, lenders may decline to approve mortgages, and buyers will often walk away unless the seller can demonstrate the tank never leaked.

The only way to demonstrate that is through laboratory soil testing — and the only way to get meaningful soil samples is to remove the tank. Which is exactly why we remove previously filled-in-place tanks every single week.

The absence of documentation is not a neutral starting position. In a real estate transaction, it reads as "unknown liability" — and buyers and their attorneys price unknown liability aggressively. Sellers who filled their tank in place years ago to avoid a short-term cost often end up absorbing a much larger negotiating loss when they sell.

What Happens When a Filled-in-Place Tank Is Removed?

The process mirrors a standard tank removal - excavation, physical extraction of the tank, visual inspection of the pit, and soil sampling. Samples are submitted to a certified laboratory and tested. If the results come back clean, a report is issued confirming no impact — and the real estate transaction can proceed.

If contamination is detected, the next step planning begins. While this is never welcome news, it is far better to know than to transfer the liability unknowingly — or to have it surface after closing, when the legal and financial exposure becomes considerably more complex.

The Bottom Line: Fill-in-Place Created a False Sense of Closure

Filling a tank in place was often presented as the responsible, cost-effective solution. In reality, it simply moved the problem from "visible today" to "invisible until it matters most." Whether you're a homeowner planning to sell, a buyer conducting due diligence, or a real estate professional advising clients, a filled-in-place tank should be treated with the same caution as an unaddressed tank — until soil sampling proves otherwise.

With nearly 30 years of tank work in New Jersey, Curren Environmental has seen this scenario play out countless times. The earlier you address it, the more control you have over the outcome.

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

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

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

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

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

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

Call the Due Diligence Experts

 There's no license required to call yourself a "mold specialist" in New Jersey or Pennsylvania. Here's how to protect yourself — and your home.

Mold is one of the most misunderstood topics in home ownership. The media has spent years amplifying fears about "black mold" and "toxic mold," turning what is fundamentally a moisture-management problem into a source of widespread panic — and, unfortunately, a profitable opportunity for unqualified contractors.

The truth is straightforward - mold grows where moisture accumulates. Fix the moisture source, and you fix the mold. But what happens when the company you hire doesn't know — or doesn't care — about that simple principle?

What Mold Actually Is — And What It Isn't

Mold comes in hundreds of colors and varieties. It isn't a singular "toxic" substance lurking in your walls — it's a natural organism that thrives in damp environments. A family can live for years in a heavily mold-affected home without a single symptom, while a new occupant — especially someone elderly, young, or immunocompromised — may experience significant respiratory issues.

The practical takeaway is that the mold itself is a symptom. The moisture is the disease. Any remediation approach that ignores the underlying moisture source will fail. The mold will return. Every time.

The Licensing Reality in NJ & PA

Here is what most homeowners in New Jersey and Pennsylvania do not know: there is no state licensing requirement for mold inspectors or mold remediation companies in either state.

Unlike lead-based paint, asbestos removal, or underground storage tank work — all of which carry strict state and some federal requirements — mold remediation and inspection operate in a regulatory vacuum. Anybody can start a mold business tomorrow. No examinations, no background checks, no minimum qualifications.

Which States Have Meaningful Mold Regulations?

Nationally, only around 15 states and Washington, D.C. have ever enacted any type of mold licensing or regulatory guidance. States with active, meaningful requirements include:

How to Choose a Reputable Mold Company in NJ or PA

Because there is no government gatekeeping, the burden falls entirely on you, the consumer. The following checklist reflects what genuinely qualified environmental companies look like — and what sets them apart from weekend warriors with a moisture meter and a van.

What to look for

• Multi-discipline environmental licensing. Reputable companies hold licenses across related regulated fields: lead inspection and abatement, asbestos, underground oil tank removal, indoor air quality, and hazardous materials. These are areas where state and federal agencies actually do require credentials.
• Longevity in business. Companies with decades of service have survived economic cycles, regulatory changes, and competitive markets on the strength of their reputation — not on flashy ads or cut-rate pricing. Look for firms with 20+ years of documented history.
• Accredited laboratory work. If the company collects samples, confirm they use an accredited third-party laboratory to analyze results.
• Focus on the moisture source, not just the mold. A professional will identify why the mold is growing and explain how to eliminate the cause. Remediation without moisture correction is a temporary fix that buys the contractor a return visit — not a solution.
• Detailed, scientific, readable reports. Reports should include methodology, findings, photographs, and clear recommendations — not vague language designed to upsell.

Red flags to walk away from immediately

• Operating out of a home address or using a P.O. Box
• Offering same-day inspection and remediation services
• Providing a price quote over the phone, sight unseen
• Vague or one-page reports with little supporting data
• Outsourcing labor

Frequently Asked Questions