New Jersey oil storage tank regulations:

This document provides the basic state of New Jersey information and rules for reporting oil tank leaks and abandoning oil tanks which are no longer to be used.

A Homeowner’s Guide to Cleaning Up Heating Oil Discharges (Oil Tank Leaks) in New Jersey

To report an environmental incident impacting a property in the state of New Jersey, (including oil tank leaks) call the New Jersey Toll-Free 24-Hour Hotline

1-877-WARNDEP - 1-877-927-633.

Page top buried oil tank sketch courtesy of Carson Dunlop Associates, a Toronto home inspection, education & report writing tool company [ carsondunlop.com ].

New Jersey Department of Environmental Protection - Site Remediation Program

Storage tanks containing home heating oil – whether they’re located underground, above ground or in the basement – can rust and leak over time, posing a number of environmental and health risks. In the event of a storage tank discharge – where heating oil comes into contact with soil or ground water – New Jersey requires homeowners to take prompt action to minimize those risks.

• New Jersey REMOVAL / ABANDONMENT REQUIREMENTS for RESIDENTIAL HEATING OIL TANKS (No Limit) & COMMERCIAL HEATING OIL TANKS (under 2,001 gallons) [PDF] (2022) - retrieved 2022/07/11
  
  Excerpts
  
  For the purposes of applying the DEP rules, an underground storage tank is defined as a tank the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is 10 percent or more below the ground. There are separate certifications required for tank installation, tank closure and sub-surface evaluation (needed to oversee remediation).
  
  The NJ DEP strongly recommends the removal of all out-of-service underground heating oil tanks even when there is no evidence the tank has leaked. Although tank abandonment is allowed, there has been an increase in previously abandoned tanks being removed. These tank removals are driven by insurance and mortgage companies that do not want the liability that these underground heating oil tanks may pose whether they were properly abandoned or not.

• New Jersey HOMEOWNER’S GUIDE TO THE UNREGULATED HEATING OIL TANK PROGRAM (UHOT) [PDF] - (2022) retrieved 2022/07/15 original source: https://www.nj.gov/dep/srp/unregulatedtanks/
  
  Excerpt:
  The Unregulated Heating Oil Tank (UHOT) Program allows pre-qualified environmental professionals to investigate and remediate discharges from Unregulated Heating Oil Tanks, including all residential fuel oil underground storage tanks, with limited oversight by the New Jersey Department of Environmental Protection (NJDEP).
  
  All such tank cases are subject to possible audit by NJDEP. An unregulated heating oil tank is any size residential heating oil tank, or one or more heating oil tanks on the same non-residential property with an aggregate capacity of 2,000 gallons or less. An unregulated heating oil tank can be either an above ground or a below ground tank. Gasoline and diesel tanks are not unregulated heating oil tanks and are not included in the UHOT program.
• New Jersey UNREGULATED HEATING OIL TANK PROGRAM GUIDANCE [PDF] details supporting the UHOT program listed above, - retrieved 2022/07/15 original source: https://www.nj.gov/dep/srp/unregulatedtanks/uhot_guidance.htm
  
  Excerpt:
  The Unregulated Heating Oil Tank (UHOT) Program allows pre-qualified environmental professionals to investigate and remediate Unregulated Heating Oil Tanks with limited oversight by the New Jersey Department of Environmental Protection (NJDEP). All such sites are subject to possible audit by NJDEP.

The minimum work requirements for cleaning up affected properties are defined in the regulations entitled

• New Jersey TECHNICAL REQUIREMENTS FOR SITE REMEDIATION (N.J.A.C. 7:26E et seq.) - retrieved 2022/07/15 original source: https://www.nj.gov/dep/rules/rules/njac7_26e.pdf - rule expires March 13, 2026
  
  The environmental contractor you hire for your cleanup should be familiar with and follow these rules. This guide is provided as a supplement to help you better understand the cleanup requirements. It should not, however, be used in place of the Technical Requirements.

How Can I Tell If There Is a Problem with my UST?

The following could be signs of a leak in your home heating oil tank:.

1. Any unexpected/unexplained fuel oil consumption increase that doesn’t appear to be caused by additional use of your heating system (such as during prolonged periods of cold weather).
2. Water in your underground storage tank.
3. Consistent problems with your oil burner.
4. Changes in or loss of vegetation in the area over and around the tank.
5. Oil odors in areas other than around the oil burner.
6. Tastes, odors or other problems with your drinking water, if obtained from a well.
7. Staining on basement walls or floors adjacent to the tank.
8. Presence of oil or a sheen in the basement sump or French drain.
9. Oil or sheen in any nearby culverts, drainage ditches, storm drains, streams, or ponds.

For 1, 2 and 3, first contact the company that services your heating system to rule out a maintenance problem. To determine whether any of the above problems are caused by a leaking fuel oil storage tank, contact an environmental contractor. Your local health department also may be able to provide you with guidance in determining the source of the problem.

What Do I Do If There Is a Leak at my Oil Tank in New Jersey?

If some type of heating oil discharge has occurred at your home, regardless of the quantity, you must report it to the N.J. Department of Environmental Protection (DEP).

Call the DEP’s toll free 24 hour Environmental Action Hot Line at 1-877-WARN DEP (1-877-927-6337) as soon as a discharge is detected

You will be sent an information package that describes in detail your responsibilities, what must be done to clean up the spill and DEP’s oversight role.

Next, if the source of your discharge is a leaking tank, contact your fuel oil company and ask that all residual fuel oil be pumped out from the tank. Be sure to ask if any of the oil is reusable.

You also should contact a qualified environmental contractor to perform the cleanup.

How Do I Choose a Contractor?

Environmental contractors are listed in the telephone book’s Yellow Pages under Environmental Services or Tank Installation and Removal. If you need help in choosing a contractor, consult with your attorney or local health department for recommendations.

The DEP cannot recommend contractors, but provides general guidance on how to select one in its brochure called

CHOOSING AN ENVIRONMENTAL CONSULTANT FOR CLEANING UP HEATING OIL DISCHARGES - http://www.nj.gov/dep/srp/publications/brochures/choosing/ [Web page NO LONGER AVAILBLE - 2022 - Ed.]

A free copy is [or might be] available by calling (609) 584-4150 for the Bureau of Southern Field Operations or (973) 669-3960 for the Bureau of Northern Field Operations.

As with any other contract work, you should obtain cost estimates from two or three contractors and request references.

You may contact the

DIVISION of CONSUMER AFFAIRS (973) 504-6200 Web: https://www.njconsumeraffairs.gov/

to determine if the contractor has a history of complaints. Make sure that the contractor you select is familiar with the Technical Requirements for Site Remediation. If a contractor does not have a thorough knowledge and understanding of these regulations, this will almost certainly result in project delays and additional costs. Remember that the lowest bidder may not always be the most qualified contractor.

Unfortunately, since contractors cannot guarantee certain aspects of cleanup activities, such as whether contamination will be found and if so, to what extent, it is difficult for them to accurately predict the cost of a total project. Generally speaking, contractors bill on a time and materials basis, and the amount of time required will vary with every project.

Since it can be difficult to determine if costs for a cleanup are reasonable, you should take particular care in selecting a contractor.

If contractors require that you sign a contract for the work with specific clauses, you may wish to consult your attorney to insure that the contract protects your rights. Remember that the contractor is working for you; don’t hesitate to ask specific questions and seek justification for any costs that seem unreasonable or unnecessary.

What Is the State’s Role for New Jersey & ASTs or USTs?

Under state laws, cleanup activities must be conducted for discharges of fuel oil; cleanups may take place with or without state oversight. However, to obtain final state approval of a cleanup, a “no further action” letter is needed through the DEP’s

VOLUNTARY CLEANUP PROGRAM - http://www.nj.gov/dep/srp/volclean/

This letter increasingly is required in real estate transactions. If you will require such a letter at closing, ensure that you leave ample time to complete the cleanup and gain final state approval. The program provides for state oversight through a Memorandum of Agreement in which the homeowner agrees to perform the cleanup and pay DEP oversight costs.

The DEP receives no state funding to cover costs for this oversight; costs must be borne by those who require the service. The DEP, in turn, reviews cleanup activities and provides final approval at the conclusion.

A property owner may choose to perform a cleanup without participating in the Voluntary Cleanup Program, but the matter will remain an open case until the Department can review the cleanup. Reviews of cleanups conducted outside this program are conducted on a priority basis, with those sites posing the greatest environmental risks addressed first. A “no further action” letter, however, is available only through the Voluntary Cleanup Program.

What Are the Steps for Cleanup of an Oil Spill in New Jersey?

Following are some of the steps a contractor will take to clean up fuel oil contamination. All cleanups will differ depending on individual circumstances. These steps are described here to help you better understand the general cleanup process.

• The tank will be thoroughly cleaned and properly disposed of or recycled at a scrap metal facility.
• If the storage tank is underground and must be removed, it will be removed according
  to local codes and the American Petroleum Institute’s recommended practices. Local construction permits will be required from your municipality.
• Once the tank has been removed, the contractor will excavate from the area any soils believed to be contaminated above the DEP’s cleanup criteria. Soils over the tank may be separated from the contaminated soil and used as fill material, which will save on disposal and fill costs.
• Once contaminated soil has been removed, soil remaining in the excavation site will be sampled to document the effectiveness of the cleanup. A certified laboratory will analyze the soil samples, and the results will be compared to the DEP’s
  
  SOIL CLEANUP CRITERIA - http://www.nj.gov/dep/srp/regs/scc/
  
  to determine whether additional cleanup is needed. Soil disposal may represent the largest part of cleanup costs. Therefore, it is important that your contractor accurately determine which soils are suitable for reuse.

It should be noted that if Total Petroleum Hydrocarbon Compounds (TPHC) concentrations are detected in excess of 1,000 parts per million (ppm) in the excavation, the soils must also be tested for Volatile Organic Compounds (VOC) using the appropriate DEP or USEPA test method.

The VOC test will be required on 25 percent of the samples with the highest TPHC concentrations exceeding 1,000 ppm of TPHC. Concentrations in excess of 10,000 ppm must be remediated. Concentrations below the 10,000 ppm of TPHC may be below DEP soil cleanup criteria, and may not need to be excavated.

What occurs during the tank removal will determine what additional work, if any, will be needed. If ground water is encountered during the excavation and there is fuel oil or a sheen floating on the water, the floating fuel oil should be recovered, and a ground water investigation or ground water cleanup will be necessary. If this situation arises, the cleanup may become more complex.

You may want to contact your DEP case manager once ground water contamination has been confirmed so that they may assist your contractor in this complex stage.

If you have questions about any aspect of the cleanup, contact your assigned case manager or the duty officer at the Responsible Party Remediation Element at (609) 584-4150 Southern; or (973) 669-3960 Northern.

What Are the Typical Oil Tank Removal, Abandonment or Oil Tank Leak Cleanup Cost Issues Involved in New Jersey?

Homeowners should be aware of the following cost issues as they relate to cleanups:

• Oversight Costs

• The VOLUNTARY OIL SPILL CLEANUP PROGRAM - http://www.nj.gov/dep/srp/volclean/ - provides for state oversight through a Memorandum of Agreement in which the homeowner agrees to perform the cleanup and pay DEP oversight costs. The DEP receives no state funding to cover costs for this oversight; costs must be borne by those who require the service.
• For your convenience, as an alternative to completing a MOA application, a fixed cost of $500.00 has been established for the review of remedial action reports covering removal of leaking, underground storage tanks not regulated by
  
  REGULATION N.J.A.C. 7:14B, as long as discharges from these tanks have not impacted ground water. - http://www.nj.gov/dep/srp/regs/ust/
  
  For more information regarding this alternative contact the Case Assignment Section at (609) 292-2943.
• If you have any questions regarding oversight costs, contact your assigned case manager or the Division of Remediation Support, Fiscal Support Services,
  
  at (609) 292-1966.
• Insurance
  
  You should file a claim with your insurance company as soon as evidence of a leak is discovered. Most policies require at least “prompt” notice of a claim, as well as your assistance in providing information to the insurer. Insurance coverage for cleanup of contamination from leaking residential tanks depends on the language of the individual policy and its interpretation.
  
  You also may want to consider underground storage tank protection programs that may be available from your oil company or fuel oil distributor to insure yourself against future problems.
• Financial Assistance
  
  Grant and loan programs are available from the State to provide financial assistance for cleanup costs. To find out if you are eligible, contact the Division of Remediation Support, Bureau of Contract and Fund Management, at (609) 777-0101.

Additional Information about New Jersey Oil Tank Laws & Regulations

If you have questions regarding the cleanup of home heating oil, contact the Responsible Party Remediation Element’s regional field office duty officer at (609) 584-4150 for the Bureau of Southern Field Operations or (973) 669-3960 for the Bureau of Northern Field Operations, Monday through Friday, from 8 a.m. to 5 p.m.

To better serve you please have the following information available when calling:

1. Is water to your home supplied by a water company, or do you have a potable well?
2. Is your oil tank above ground or buried underground?
3. Does your basement have any water collection devices (i.e. sump or french drain)?
4. If you are unsure if you have a storage tank, how is your home heated?
5. Are you required to carry flood insurance?

• Remember to call the DEP’s toll free 24 hour Environmental Action Hot Line at
  
  1-877-WARN DEP (1-877-927-6337) as soon as a discharge is detected.
• NJ Department of Environmental Protection
  Bureau of Risk Management Initial Notice and Case Assignment
  P.O. Box 434
  Trenton, NJ 08625-0434

September 2003

State of New Jersey
James E. McGreevey, Governor

NJ Department of Environmental Protection
Bradley M. Campbell, Commissioner

To report an environmental incident impacting a property in the state of New Jersey, (including oil tank leaks) call the New Jersey Toll-Free 24-Hour Hotline -1-877-WARNDEP - 1-877-927-6337

Our main oil tank regulation document, LEAK REPORTING REGULATIONS provides locates and summarizes oil tank abandonment guidelines providing oil tank regulations for all of the U.S. states and for several Canadian provinces, it provides state and national building or environmental code references for abandoning oil tanks including procedures for temporary abandonment and for handling of tanks when converting to other fuels.

We also provide links to programs offering financial aid to people lacking the means to pay for abandonment or removal of residential oil tanks both at a national and at state levels. [Programs offering such assistance are invited to contact us to add their information to this listing.

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Reader Q&A - also see RECOMMENDED ARTICLES & FAQs

On 2022-07-15 by InspectApedia-911 (mod) - Does Hudson County, New Jersey allow for abandoning a 2000 gallon heating oil underground heating oil tank that has no leaks

@Benicia Bacino,

Thanks for a helpful question.

New Jersey permits EITHER abandonment or removal of oil tanks that have not already leaked. A tank that has leaked has to be removed and contaminated soil removed as well - often a very costly procedure.

New Jersey (and many other U.S. jurisdictions) distinguish between:

"Abandoning" an oil tank - meaning leave the tank in place, emptied of oil, cleaned, and filled with sand or equivalent, removing appropriate pipes etc.

and

"Removing an oil storage tank" - meaning the tank is emptied, cleaned, and removed entirely from the site.

In 2017 the State of New Jersey Department of Community Affairs Division of Codes and Standards updated the state's 1995 guidelines

Bottom line: the state permits abandoning in place a tank that has not leaked, but continues as we excerpt below:

For the purposes of applying the DEP rules, an underground storage tank is defined as a tank the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is 10 percent or more below the ground.

The NJ DEP strongly recommends the removal of all out-of-service underground heating oil tanks even when there is no evidence the tank has leaked.

Although tank abandonment is allowed, there has been an increase in previously abandoned tanks being removed. These tank removals are driven by insurance and mortgage companies that do not want the liability that these underground heating oil tanks may pose whether they were properly abandoned or not.

The bulletin, which you can read at

OIL TANK LEAK REPORTING in NEW JERSEY https://inspectapedia.com/oiltanks/Oil_Tank_Regulations_New_Jersey.php

gives examples of subsequent problems encountered with abandoned tanks that in some cases led to costly surprises.

On 2022-07-11 by Benicia Bacino

Does Hudson County, New Jersey allow for abandoning a 2000 gallon heating oil underground heating oil tank that has no leaks by cleaning and filling the tank with appropriate materials?

This Q&A were posted originally at OIL TANK ABANDONING PROCEDURE

On 2021-04-23 by danjoefriedman (mod)

@Anonymous,

It's not surprising that you're getting no response if there's been a suggestion that someone has done something improper. I think that you're not going to get far with anyone, DEP or attorney if we can't get some kind of documentation.

In just about every US state there is a legal requirement to report any oil spill within 24 hours of Discovery and the Department of Environmental Protection or equivalent gets involved in making sure that there's a proper clean up. You should contact your State Department and ask them for help at also review the history of the case to see if they can help you with that.

There's no requirement to report the removal of an oil tank if there's no evidence found of leaking so if no leak was reported at the original treatment there may be no report filed in a state level.

You will want to find out what the regulations are in your state for the removal of oil tank such as whether permit is required brother their inspections performed where the dues independent testing and so on and then to require that you be given the original documentation for your oil tank.

For that you might need help from an attorney if your local officials are not being cooperative.

On 2021-04-23 by Anonymous

@danjoefriedman,

Would you suggest contacting an attorney first or make the DEP aware and see what they think

I have been trying to get all the paperwork from my town … for some reason no response.

On 2021-04-23 by danjoefriedman (mod)

@Anonymous,

You need to take this case to your State Department of Environmental Protection is it sounds as if there might have been some fraud going on. I can't tell you what recourse you had that's a question for your attorney but I think that the State authorities ought to be to be very interested.

Particularly if you can produce any documentation to support the claim that the tank was properly abandoned and signed off on by environmental authorities previously.

On 2021-04-23 by Anonymous

April 14 2021 Anonymous wrote by private email to InspectApedia.com editor

I’m trying to find out of I have any recourse regarding the oil tank I had removed today from under my New Jersey front lawn.
In 2002 the previous owner had the tank “abandoned".

I still have the construction permit from my town and I’m trying to have them locate the paperwork which I assume had to be filed with the NJDEP or at least the county records for this kind of work done.
The reason being, the licensed company that removed the tank today found contamination, the tank was not emptied of fuel and the original 2002 work order says "sand filled"

Today revealed the tank was actually filled with 3” gravel not scrubbed cleaned out. It eventually filled with water and leaked into the ground.

I am waiting test results and hoping for the best, that the numbers are under the legal limit.

It’s apparent that the town inspector signed off on a job that was not done correctly by the contractor.

f I have to do a remediation do you think I have any recourse with the town or the contractor?

...

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