Did the property have an Underground Oil Tank?
Does your property have an Underground Oil Tank?
Who Pays for oil tank leaks?
Find out first if there was ever an oil tank located at the property. If the dwelling is older than 1940 or was built before 1985, there is a high possibility of an underground oil tank. Older homes in regards to heat sources started out with wood or coal then moved to oil heating. Also, 9 times out of 10 if there is an above ground oil tank there probably was an underground oil tank. You may check with the local municipality to find out if a permit was provided to take the underground oil tank out of the ground. But, that permit does not answer the question if the oil tank leaked. The only answer the permit allows is that there was an underground oil tank and that tank was taken out of the ground. The borough does not test the soil for any leak from the tank, not do they require it. Tank removal is a construction activity, tank leaking is environmental and is handled on a state level, not on a local level.
If you do find out that there was an underground oil tank and that said tank was taken from the ground, that environmental company may have taken soil samples to make sure there was no leak. That environmental company would hopefully, have given the property owner a report on the soil samples and if the tank leaked or did not leak.
Property has a tank can we prove its empty?
Tanks are like a tube of toothpaste BUT BIGGER, they are never empty and if the tank has just a little oil it, does that mean a lot of oil has already leaked out? Maybe. Got a tank, remove a tank or clean and fill in place and obtain soil samples to prove no remediation is required.
So yes you have to dig the tank up,
The photo below shows an aboveground oil tank that leaked oil, you can see a big problem, but a buried tank, well that leaks and is a bigger problem you just don't see it and buried tank leaks can go on for years without detection.
Pro Tip
Caveat Emptor, safe approach assume the oil tank leaked until you can prove otherwise. This approach will save you from buying a $40,000 cleanup. Remember
If you have no records of any soil samples or soil testing that it is advised to get soil samples done. First you would check the soil for any contamination. In the New Jersey there are regulations of how much contamination can be in located in the soil. If there is contamination, there may be a need to test the groundwater as well.
Does your property have an Underground Oil Tank?
Dwelling built before 1985. oil tank highly likely
No natural gas records to show that date of natural gas service was same as date of construction.
Do a tank sweep, click here Oil Tank Searches
Who Pays for oil tank leaks?
Remember the property owner has pay for environmental remediation. Delaware, New Jersey & Pennsylvania all place the remediation (cleanup) responsibility on the property owner, even if the owner just bought the property and never used the tank.
Better to ferret out the issues before you own the property.
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