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wiley - for my education, whats the letter called for decomissioning without a leak? Also, if its certified as decomissioned, whats the advantage of removing the tank? Wouldn't the certification remove liability?
It would be like any other home improvement certificate - from the township a CO.... And most attorney's these days who know anything about the environmental issues with tanks, they will not let their client close on a property with an abandoned tank in place without having the sellers either test the soil or remove the tank. They know better than to just accept the local inspector's litlle white approval sticker. Inspectors nowadays because of all the issues will even write on the approval sticker - "cut, and cleaned - ok to fill". Nothing related to whether or not the tank leaked as a few twp. have had law-suit issues for taking on a role that they are not licensed to take on or certified to take on. Even with my state DEP lic., my certification only means that I adhered to local codes. On abandonments, which I hate doing, I provide a certification that states that the tank was properly cleaned and passed all LOCAL inspections. I won't even address whether or not the tank leaked - I put the burden on the local inspector : ) Too much liability!
It would be like any other home improvement certificate - from the township a CO.... And most attorney's these days who know anything about the environmental issues with tanks, they will not let their client close on a property with an abandoned tank in place without having the sellers either test the soil or remove the tank. They know better than to just accept the local inspector's litlle white approval sticker. Inspectors nowadays because of all the issues will even write on the approval sticker - "cut, and cleaned - ok to fill". Nothing related to whether or not the tank leaked as a few twp. have had law-suit issues for taking on a role that they are not licensed to take on or certified to take on. Even with my state DEP lic., my certification only means that I adhered to local codes. On abandonments, which I hate doing, I provide a certification that states that the tank was properly cleaned and passed all LOCAL inspections. I won't even address whether or not the tank leaked - I put the burden on the local inspector : ) Too much liability!
So in the case of an abandoned oil tank, in addition to a letter regarding decommissioning, the best course of action would be to get soil tests as well then. Ok, good to know I don't have an underground tank, but I'm working on getting a second piece of property - now I know in case I run into this. Thanks
So in the case of an abandoned oil tank, in addition to a letter regarding decommissioning, the best course of action would be to get soil tests as well then. Ok, good to know I don't have an underground tank, but I'm working on getting a second piece of property - now I know in case I run into this. Thanks
What I usually tell people is, if it can be removed, just take it out! Don't spend money on sampling if you are just going to remove it anyway. And tank testing?? Not a huge fan. I have seen way too many false positive test results. Soil sample say's there is oil in the ground..we take the tank out and there's nothing there! I have had the opposite happen as well - tank passes a tank test, we take the tank out and it looks like swiss cheese! Most homeowner's ins. co. want them out. Had a guy with a brand new, top of the line, double wall in-ground tank that was only 3 years old... homeowner's told him to remove it otherwise they were dropping him.
Ok, slightly confused. If its been decommissioned by a company, and they have included soil tests, wouldn't that remove all liability? Homeowner's insurance wouldn't even factor in, as its covered under the liability insurance of the company who did the decommissioning/soil testing, right?
Ok, slightly confused. If its been decommissioned by a company, and they have included soil tests, wouldn't that remove all liability? Homeowner's insurance wouldn't even factor in, as its covered under the liability insurance of the company who did the decommissioning/soil testing, right?
They left the tank in place and collected samples? Ok, this should be good enough. But... : ))) - I have never been able to collect soil samples from the bottom of an abandoned tank...sides, yes but trying to cut through the thick steel, nearly impossible! You would think the contractor would be liable but most tank testing companies state 99.9% accuracy. So that 0.1% cover's their arse! Is the company still in business? If so, ask the seller to provide you with a certificate of insurance from them : )) Homeowner Ins. Co.'s just wants to make sure that they are not taking on liability for a tank that their current insured has never used! Or liability for one that may eventually leak. They are recommending installing above ground tanks - preferrably in the basement area or garage.
Ok, so for those who deal with an abandoned tank, where removal is going to be a problem, soil samples along with liability coverage from the company doing it would be the second best route?
Ok, so for those who deal with an abandoned tank, where removal is going to be a problem, soil samples along with liability coverage from the company doing it would be the second best route?
Removal being best.
Yes. Have a paper trail with analytical to back it up and whatever you do, never throw out the paperwork associated with any tank issue!
"Certificate of Underground Storage Tank Abandonment"
NJ UCC compliance certificate
The UST cert is basically a certificate from the folks who performed the abandonment stating that it was done in accordance with NJDEP and EPA guidelines. The tank was filled with foam. No soil testing seems to have occurred.
"Certificate of Underground Storage Tank Abandonment"
NJ UCC compliance certificate
The UST cert is basically a certificate from the folks who performed the abandonment stating that it was done in accordance with NJDEP and EPA guidelines. The tank was filled with foam. No soil testing seems to have occurred.
This still poses a liability, right?
The one from the contractor puts them on the hook for liability, the one from the twp. says it was done to code...but neither state that the tank wasn't leaking! Tell your attorney to recommend soil testing first. Read back a few about my opinion on foam filled tanks : )
First let me say; welcome to Maplewood, you will love it here!
I agree completely with CuCullin; make sure you get a certificate of decommission. Without it, the cost of removal etc is enormous.
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I don't have an underground tank, but I'm working on getting a second piece of property - now I know in case I run into this. Thanks 
