Oil leak found in basement during inspection.....should we walkaway from house? (buyers) - Massachusetts (MA) - City-Data Forum

shellbell12 · 11-09-2012, 05:01 AM

Our inspector found a leak in the basement of a house we have an accepted offer on. There was a strong odor from it as well. The floor looked like it had recently been painted so we have no idea how long this has been going on. My inspector suggestion a soil test be done under the basement. Is it even worth it or is this more trouble than it's worth? I have read online that cleanup costs could be in the tens of thousands and can be a major headache....I am leaning towards just walking away. Anyone else experience a situation like this?

JanND · 11-09-2012, 05:10 AM

We had a flood here in 97. Many old heating oil containers/drums were removed because they are considered hazardous. Personally, I would walk.....run away. But, read what EPA says...You said in the floor....underground? I would be very concerned, you have no idea if there would still be a tank under your home?
Underground Storage Tanks | Region 2 | US EPA
Leaking Fuel Oil Tanks
Leaky or Smelly Home Heating Oil Tanks - How to Test, When to Report
http://www.ct.gov/dph/lib/dph/enviro...fact_sheet.pdf
Signs your heating oil tank needs replacing | Inman News

shellbell12 · 11-09-2012, 05:25 AM

Quote:

Originally Posted by JanND

We had a flood here in 97. Many old heating oil containers/drums were removed because they are considered hazardous. Personally, I would walk.....run away. But, read what EPA says...You said in the floor....underground? I would be very concerned, you have no idea if there would still be a tank under your home?
Underground Storage Tanks | Region 2 | US EPA
Leaking Fuel Oil Tanks
Leaky or Smelly Home Heating Oil Tanks - How to Test, When to Report
http://www.ct.gov/dph/lib/dph/enviro...fact_sheet.pdf
Signs your heating oil tank needs replacing | Inman News

Tank is above ground in the basement.

SuperSparkle928 · 11-09-2012, 05:59 AM

Sample size of only one here, so take it for what it is worth.
One of my former engineers in MA was selling his house (with an above-ground tank in the basement, but they cover the feed line to the furnace in concrete, so it is protected from damage....
Anyway, at the home inspection they found a little bit of oil in the basement floor drain.... (this had to be 20 years ago). Well, upon detection of the oil, our wonderful friends at the EPA were notified. Things immediately were out of his hands, as what they did is to come in, excavate all contaminated soil, and then send him a bill. I think it ran him about $10K.

Actually, I guess a sample size larger than one for toxic substances. Another one of my engineers found he had lead paint on his house (who cares? I had a house from 1870. Just don't sand it). The next thing he knew was the EPA guys showed up with their 'space suits', tented the entire house, and ground off all the paint. (Note: no children lived in the household, but they considered it a 'toxic hazard').

Last case was someone had a junkyard nearby, and they discovered an MTBE plume in the underwater well supply. Oops. Moved long enough ago that I never did hear the outcome of that joy.

Ok, one more... had a house with the steam 'octopus' in the basement. Asbestos is not an issue if you don't inhale it, and it is easy to encapulate. (The coal bin was really cool... made a great wine cellar).

You need to determine the source of the oil leak. If you take the property, knowing of the issue, you take liability for it. If you didn't know, it gets more complicated.

MikePRU · 11-09-2012, 07:35 AM

I don't think this is really a question anyone on here can answer for you. Lead, asbestos, radon, etc are all things I deal with on a regular basis. They can all be remediated in some way. The questions become... how big is the problem? For your needs will you want to fix it? Will you be forced to fix it even if you don't want to? If you don't fix it (or even if you do) will there be an impact on resale? Is it in your budget to make the repair? Really, these are questions you should be asking yourself about any defect in the house.

JacksonPanther · 11-09-2012, 07:59 AM

Quote:

Originally Posted by SuperSparkle928

Well, upon detection of the oil, our wonderful friends at the EPA were notified. Things immediately were out of his hands, as what they did is to come in, excavate all contaminated soil, and then send him a bill. I think it ran him about $10K.

The next thing he knew was the EPA guys showed up with their 'space suits', tented the entire house, and ground off all the paint. (Note: no children lived in the household, but they considered it a 'toxic hazard').

Apocryphal stories about the feds coming in and taking over someone's home are fun, but don't hold up under scrutiny. Wouldn't it be more likely that oil leaks and asbestos in private homes be handled by state agencies, not the EPA? Second, doesn't it seem likely that a paper trail of notices between the government and the homeowner would happen, not that the EPA would show up unannounced at someones door ready to work? Third, wouldn't you expect the government to, instead of doing the work themselves, simply tell the homeowner what they need to do and by when?

I have no doubt that someone spun the tales in this manner, but I highly doubt this is really the way things happened.

Boston_Burbs · 11-09-2012, 09:40 AM

Walk away.. in Massachusetts petroleum contamination conveys with the property. You buy it, you are responsible for it until you sell it to the next sucker.

All you need is someone to be a dick and report it to the DEP, then you will enter into all the fun the MCP requires.

http://www.mass.gov/dep/service/regu...s/310cmr40.pdf

Any spill over 5 gallons is reportable and falls under the MCP.

SuperSparkle928 · 11-10-2012, 05:58 AM

Quote:

Originally Posted by JacksonPanther

Apocryphal stories about the feds coming in and taking over someone's home are fun, but don't hold up under scrutiny. Wouldn't it be more likely that oil leaks and asbestos in private homes be handled by state agencies, not the EPA? Second, doesn't it seem likely that a paper trail of notices between the government and the homeowner would happen, not that the EPA would show up unannounced at someones door ready to work? Third, wouldn't you expect the government to, instead of doing the work themselves, simply tell the homeowner what they need to do and by when?

I have no doubt that someone spun the tales in this manner, but I highly doubt this is really the way things happened.

Considering that they worked directly for me, and I got the day-day updates, (and saw some of the work that was being done), I have no doubt it was factual. Your opinion is noted, but also ignored.