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They hold a document stating that it was properly abandoned.
Years ago it was perfectly acceptable to have an abandoned tank pumped dry, pressure tested to ensure that there were no leaks, then filled with sand. You were then given paperwork by the licensed contractor who did the work. That changed some years back and newly abandoned tanks had to be removed instead. Older tanks that had been pumped, tested and filled were grandfathered in. It would seem that you are insisting that the owner go above and beyond what is required under the law and he is declining to do so. That leaves you with a choice to make.
Years ago, we took permits to convert to gas, which included a permit to decommission the oil tank. It was considered acceptable (and still is) to sand fill the hull. Soil sampling was not something that we wanted to pay for nor was it mandated. Currently, there is nothing saying that these tanks are grandfathered, nor required to be removed by any authority. (In this scenario, had the tank had been pulled completely, would there be any concern?) So what says that there is (or isn't) contamination on any property unless careful soil sampling is done by a quaified person? It's the buyer's buisiness to find out if there is anything on the property they are buying, that will potentially bankrupt them in the future if, say, they were to install an inground pool, and encounter contaminated soil.