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TANK LEGAL ISSUES - Legal Issues Regarding Buried Oil Storage Tanks - Bulk Oil Storage Tanks - presentation to NY Metro ASHI Home Inspectors
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• Reporting requirements for oil tanks based on capacity
• Test tanks before purchasing a home
• Remove or abandon buried tanks
• Replace tanks with double-walled or above-ground units

This article discusses the legal issues associated with buried oil storage tanks - underground tank or UST laws. This proceedings of this oil tank inspection educational meeting addresses legal issues associated with buried oil tanks, also referred to as underground storage tanks or USTs. The information was first presented at the New York Metro ASHI (American Society of Home Inspectors) Chapter Education Session June 1994, reported by Daniel Friedman, and updated through September 2006. © Copyright 2008 Daniel Friedman, All Rights Reserved. Information Accuracy & Bias Pledge is at below-left. Use the links at page left to navigate this document or to go to Other Website Topics. Green links at left show where you are in our document & website.

Over the past few years, the problems associated with buried oil tanks have received increased attention. A leaking tank can contaminate soil, ground water, and drinking water supplies.

At the June meeting New York Metro ASHI meeting, attorney Kimberlea Shaw Rea, of Bleakley, Platt, and Schmidt, discussed some legal issues of petroleum bulk storage tanks. The liability associated with leaking residential or commercial tanks can be enormous. Ms. Rea indicated that some leaking tanks have affected dozens of families.

Properties with total storage of 1,100 gallons or more now require registration with the New York State Department of Environmental Conservation (DEC). Interestingly, condominiums with several small tanks installed on the same property would probably meet this cumulative 1,100 gallon limit.

Properties with 1,100 gallons or more of cumulative storage must meet certain DEC requirements which typically include tank tightness testing every five years. New tanks (1,100 gallons or more) must meet DEC requirements for corrosion prevention, spill prevention, and leak detection.

Properties with a cumulative storage capacity of less than 1,100 gallons typically do not fall under DEC regulations unless there is a leak. If oil or petroleum storage leakage is observed, the leak must be reported to the DEC within two hours of the observation. The DEC spill hot line number is 800-457-7362. Ms. Rea indicated that it is unlawful to fail to report a leak. © 2007 Daniel Friedman copyright trap.

Before purchasing a home, Ms. Rea strongly recommended that buried tanks be tested. Once a property is purchased, the liability for a leaking tank becomes the responsibility of the new owner. Testing for a residential tank typically costs about $500.

Ideally, buried tanks should be removed or properly abandoned in place. They should be replaced with a double-walled or above-ground tank. Periodic tank testing for a small, buried residential tank is typically less cost effective than tank relocation.

Although leak testing of oil tanks is beyond the scope of a professional ASHI home inspection, NY Metro ASHI conducts monthly educational seminars on various issues of concern to home owners and inspectors.

If you are buying a home and would like more information about home inspections, you can contact your local home inspector, or an oil-tank testing company.

ASHI, the American Society of Home Inspectors, is the national certifying association for professional home inspectors. ASHI is a not-for profit association dedicated to home inspector education and professionalism. The local chapter, NY Metro ASHI, Inc., meets monthly for an educational meeting, and sponsors periodic inspection seminars.

More expert information on this topic

Buried and Above Ground Oil Storage Tanks References & More Information on USTs

• Oil Tanks - The Oil Storage Tank Information Website: Buried or Above Ground Oil Tank Inspection, Testing, Cleanup, Abandonment of Oil Tanks
• Abandon a Buried Oil Tank, How To - Abandoning Commercial Underground Tanks, Russ Brauksieck, ASHI Tech. Journal, Vol.3 No.1 Spring 1993, P. 40-41 [Reprint]
• Above Ground Oil Tanks: Visual Inspection of Oil Storage Tanks for evidence of leaks, damage, improper piping - photos and text
• Above Ground Oil Tanks Checklist, an Oil Company's advice
• Above Ground Tanks UL Standards, UL Tank Listing Standards, guidance for home owners, buyers, and inspectors
• Buried Oil Tanks - Finding How to Find Buried Oil Tanks and "Nearly Hidden" and Leaky Oil Tanks - photos and text.
• Buried Fuel tank - Advice - Buried FUEL Tank - GAS or OIL advice for home buyers, inspection report language
• Environmental Issues & Regulations for Oil Tanks, Registration, Abandonment, Leak Reporting
• Home Inspection Report Language Library: Buried Oil Tanks, Basic home buyer advice - home inspection report language suggestions
• Home Inspection Report Language Library: Visible Defects in Oil Tank Installations, Tanks, and Heating Oil Piping
• Home Inspection Report Language Library: Gas Fuel Piping or Tank Faults Basic advice - home inspection report language suggestions
• Home Inspection Report Language Library: Oil Tanks text file list © Oil and Other Storage Tank Leaks, Testing, Abandonment, Inspection - UST home inspection report language files - Reference List
• Indoor Environment Website Indoor Building Environmental Hazard Detection, Testing, Repair, & Prevention - Main Web Page
• Leaky Heating Oil Tanks - Advice for Home Owners or Buyers: caused of leaks in oil tanks, oil tank testing alternatives, what to do about leaky tanks: D.J. Friedman, ASHI Tech. Journal, Vol.2 No.1, Winter, 1992 p. 42-43 Illus
• Leak or Failure Rates for Home Heating Oil Tanks
• Legal Issues Regarding Buried Oil Storage Tanks K.S. Rea, Attorney, summary from ASHI Chapter Seminar.
• Primer on Petroleum Bulk Storage Tanks & Petroleum Contamination of Property Paul H. Ciminello, ASHI Tech. Journal, Vol.3 No.1 Spring 1993, p 35-39
• Petroleum Bulk Storage J. Sibblies, NY State DEC, Advice to Home Owners and Home Inspectors about Oil Storage Tanks - summary from ASHI Chapter Seminar.
• Septic Tank inspection, testing, diagnosis, repair
• TANK FAILURE CAUSES - Oil Tank Failure Causes - oil tank leaks are caused by corrosion, damage, soil conditions, other factors
• TANK FAILURE RATES - Oil Tank Failure Rates - Oil Tank Leak Probability as a Function of Tank Age, Location, Condition, Soil Conditions and Other Factors
• TANK TESTING - - How Oil Tanks are Tested for Evidence Leaks, of Current or Previous Oil Spills
• Web Link Exchange: Contact Us to list your website or contact information for oil tank testing, tank corrosion research, oil industry experts

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