Underground Oil Tank Regulations and Liabilities in New Jersey

In New Jersey, underground oil tanks have been a common feature of residential properties for decades. However, due to the potential environmental and health risks associated with leaking tanks, strict regulations govern their removal and abandonment. This article aims to provide an overview of the regulations and liabilities surrounding underground oil tanks in New Jersey, drawing upon information from reputable sources such as Curren Environmental, NJ Closing Guide, and All American Enviro.

Key Facts

  1. Permit Requirement: Every oil tank in NJ requires a permit from the Department of Community Affairs (DCA). A representative from the municipality will also inspect the tank closure on the day of work.
  2. Liability and Contamination: Underground oil tanks can pose risks such as leaks, soil contamination, groundwater contamination, property damage, vapor hazards, fire hazards, and loss of property value. The responsibility for remediating any contamination caused by a leaking tank rests solely with the property owner and can be costly.
  3. Tank Sweep: Before purchasing a property in NJ, it is recommended to perform a tank sweep. This involves hiring a licensed contractor to inspect the property for the presence of an abandoned underground storage tank (UST). The cost of a tank sweep is typically around $250.
  4. Additional Testing: If a metallic object is detected during the tank sweep, further testing may be required. This can include using heightened metal detection equipment, ground penetrating radar, or performing an exploratory dig.
  5. UST Removal: If an abandoned UST is found, the next step is to negotiate with the seller for its removal by a licensed tank removal contractor. The seller is typically responsible for the cost of removal, and proper permits must be obtained.

Permit Requirement

The removal or abandonment of underground oil tanks in New Jersey requires a permit from the Department of Community Affairs (DCA). Additionally, a representative from the municipality will conduct an inspection on the day of the tank closure to ensure compliance with regulations.

Liability and Contamination

Underground oil tanks pose several risks, including leaks, soil contamination, groundwater contamination, property damage, vapor hazards, fire hazards, and loss of property value. The responsibility for remediating any contamination caused by a leaking tank rests solely with the property owner and can incur significant costs.

Tank Sweep

Prior to purchasing a property in New Jersey, it is highly recommended to conduct a tank sweep. This involves hiring a licensed contractor to inspect the property for the presence of an abandoned underground storage tank (UST). The average cost of a tank sweep is approximately $250.

Additional Testing

If a metallic object is detected during the tank sweep, further testing may be necessary to determine the nature of the object. This can include using advanced metal detection equipment, ground penetrating radar, or performing an exploratory dig.

UST Removal

In the event that an abandoned UST is discovered, the next step is to negotiate with the seller for its removal by a licensed tank removal contractor. Typically, the seller is responsible for the cost of removal, and all necessary permits must be obtained prior to the commencement of work.

Conclusion

Underground oil tanks in New Jersey are subject to strict regulations due to the potential environmental and health risks associated with leaks and contamination. Property owners are responsible for ensuring the proper removal or abandonment of USTs, and failure to do so can result in significant liabilities. It is crucial to conduct a tank sweep before purchasing a property and to involve licensed professionals for any necessary testing or removal.

References

  1. Curren Environmental: New Jersey Oil Tank Removal & Abandonment
  2. NJ Closing Guide: Underground Oil Tanks: What Every New Jersey Buyer Needs to Know
  3. All American Enviro: NJ Underground Oil Tank Regulations for Homeowners

FAQs

Is it mandatory to remove underground oil tanks in New Jersey?

Yes, it is mandatory to remove underground oil tanks in New Jersey if they are abandoned or have been taken out of service. This is to prevent potential environmental and health risks associated with leaking tanks.

Who is responsible for removing underground oil tanks in New Jersey?

The responsibility for removing underground oil tanks in New Jersey typically falls on the property owner. However, if the tank was installed before the property was purchased, the seller may be responsible for the removal.

What are the steps involved in removing an underground oil tank in New Jersey?

The steps involved in removing an underground oil tank in New Jersey typically include:

* Hiring a licensed tank removal contractor

* Obtaining the necessary permits from the Department of Community Affairs (DCA)

* Draining and cleaning the tank

* Removing the tank from the ground

* Backfilling the excavation

* Properly disposing of the tank and any contaminated soil

How much does it cost to remove an underground oil tank in New Jersey?

The cost of removing an underground oil tank in New Jersey can vary depending on the size of the tank, the difficulty of the removal, and the presence of contamination. On average, the cost can range from $1,500 to $5,000.

What are the consequences of not removing an underground oil tank in New Jersey?

Failure to remove an abandoned or unused underground oil tank in New Jersey can result in several consequences, including:

* Environmental contamination: Leaking tanks can contaminate soil and groundwater, posing risks to human health and the environment.

* Legal liability: Property owners can be held liable for any environmental damage caused by a leaking tank, even if they were not aware of its existence.

* Difficulty selling the property: Properties with underground oil tanks can be difficult to sell, as potential buyers may be concerned about the potential risks and liabilities associated with the tank.

Are there any grants or financial assistance available for underground oil tank removal in New Jersey?

Yes, there are several grants and financial assistance programs available to help property owners with the cost of underground oil tank removal in New Jersey. These programs are typically administered by state or local government agencies.

What is a tank sweep, and why is it important before buying a property in New Jersey?

A tank sweep is a process of inspecting a property for the presence of an underground oil tank. It is important to conduct a tank sweep before buying a property in New Jersey to identify any potential risks or liabilities associated with an abandoned or leaking tank.

What should I do if I suspect there is an underground oil tank on my property in New Jersey?

If you suspect there is an underground oil tank on your property in New Jersey, you should contact a licensed tank removal contractor to conduct a tank sweep. If a tank is found, the contractor can advise you on the next steps, including removal and proper disposal.