This article discusses the legal issues associated with buried oil storage tanks - underground tank or UST laws.
The 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.
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- Kimberlea Shaw Rea, of Bleakley, Platt, and Schmidt. 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 January 2014.
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. © 2010 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.
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Frequently Asked Questions (FAQs)
Question: can a home be sold if it has a buried oil storage tank?
can you coney ownership of a home with leaking oil tank - Joey 10/5/2012
I was sold a property with a underground tank a few years ago and was not informed of this issue. Can I turn the home back over to the company I purchased it from? - Donnie Townsend 3/13/2013
We just had an inspection for the home that we want to buy. There is reason to believe that there may still br an undergrounf oil tank that is no longer in use. Our real estste agent is trying to find out. My question is-is it legak to sell a house with an old underground oil tank in Covenrry Cy? - Carolione 3/31/2013
Can, perhaps if there is no nor attorney or bank monitoring the sale, but if you are the seller, you shouldn't do so as you are asking for a lawsuit when the buyer finds out the cost to cure the problem.
Be sure to read these articles
More on laws about oil tanks is at OIL TANK CODES & STANDARDS
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