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Class-action lawsuit against the oil companies, anyone? ;-)
I'm sure it's been tried already ...
Can't blame oil companies...they just sell the stuff. Need to go after whoever came up with the brilliant idea that metal in the ground holding hazardous substances was a great idea!
Avoid abandoned tanks unless they have analytical - soil tests to say it wasn't leaking before it was filled in.
But would soil tests be enough to protect you in this situation?
I mean, what's the difference in benefit between:
(a) soil tests showing the tank wasn't leaking before it was filled in
(b) soil tests showing the tank hasn't at all, either before or after it was filled in
Are you saying that if you have a tank that was abandoned/filled-in and then you have soil tests AFTER that was done showing no soil contamination, you would be OK with buying the house? (Let's say the abandonment was done 15 years ago, and the soil tests were done today.)
But would soil tests be enough to protect you in this situation?
I mean, what's the difference in benefit between:
(a) soil tests showing the tank wasn't leaking before it was filled in
(b) soil tests showing the tank hasn't at all, either before or after it was filled in
Are you saying that if you have a tank that was abandoned/filled-in and then you have soil tests AFTER that was done showing no soil contamination, you would be OK with buying the house? (Let's say the abandonment was done 15 years ago, and the soil tests were done today.)
A&B seem to mean the same thing? If I was buying a home with an abandoned tank I would ask them to remove it and if they say no, then I want samples taken from around the tank area - and not just one sample - everyside! Seems to be a popular issue this year for us - we are removing so many tanks that had been decommissioned years ago. Some good, some not so good! The only way to actually see the holes and the contamination is to remove the tank.
(a) 15 years ago, the soil around the tank is tested prior to removal = no contamination. The tank is abandoned according to all regulations, filled with sand, whatever. Fast-forward to today, for good measure you do another soil test, showing no contamination.
versus
(b) 15 years ago, the tank was abandoned according to all regulations (filled with sand, whatever), but NO soil testing was ever done. Fast-forward to today, you do a soil test that shows no contamination.
Would you be OK with buying the property in either case?
I guess my question comes down to, does it matter if you had a soil test done before the tank was abandoned? Or would a soil test done AFTER the tank was abandoned be just as good?
(a) 15 years ago, the soil around the tank is tested prior to removal = no contamination. The tank is abandoned according to all regulations, filled with sand, whatever. Fast-forward to today, for good measure you do another soil test, showing no contamination.
versus
(b) 15 years ago, the tank was abandoned according to all regulations (filled with sand, whatever), but NO soil testing was ever done. Fast-forward to today, you do a soil test that shows no contamination.
Would you be OK with buying the property in either case?
I guess my question comes down to, does it matter if you had a soil test done before the tank was abandoned? Or would a soil test done AFTER the tank was abandoned be just as good?
I would accept a sample from 15 years ago - as long as they collected it from the right spot and there was more than one! Too often they collect samples from the "estimated" bottom of tank depth. Most tanks are 4-feet in diameter and 2-feet below the ground so samples are often taken at the 6 to 6.5-foot depth. If I was having a test done today around a tank decommissioned 15 years ago, I would make sure they went to at least 10 feet as some tanks are deeper than others. But to your A&B - I would except both only after reviewing where, how, how deep and how many samples they collected.
(C) the underground oil tank was never officially abandoned, it was just left to sit there. No soil tests were conducted in the past. Soil tests are conducted today (to a depth of 10 feet) in several places around the tank and no contamination is found. The seller then has the oil tank officially abandoned (filled with sand, whatever) and additional tests conducted soon after the abandonment (again, to a depth of 10 feet) and again no soil contamination is found.
Would you proceed with buying the property under these circumstances?
(C) the underground oil tank was never officially abandoned, it was just left to sit there. No soil tests were conducted in the past. Soil tests are conducted today (to a depth of 10 feet) in several places around the tank and no contamination is found. The seller then has the oil tank officially abandoned (filled with sand, whatever) and additional tests conducted soon after the abandonment (again, to a depth of 10 feet) and again no soil contamination is found.
Would you proceed with buying the property under these circumstances?
Yes I would but my first option would be to have it removed if at all possible so that I wouldn't have to worry about it down the road when I go to sell - what if you lose the paperwork? Now you have to pay to resample the same tank for the next buyer..."out of sight, out of mind!". I'm getting the impression you are considering buying a home or selling a home with an oil tank in the ground : )
Class-action lawsuit against the oil companies, anyone? ;-)
I'm sure it's been tried already ...
It's not the Oil Companies fault. Its the fault of who ever let the builder put metal in the ground. I think it should have been regulated by the town.
They also let them put the thinest piece of metal.
If I were the OP I would not buy this house with the tank in the ground. It's just to risky. I went thru this heartache and I don't want someone else to.
It's not the Oil Companies fault. Its the fault of who ever let the builder put metal in the ground. I think it should have been regulated by the town.
They also let them put the thinest piece of metal.
If I were the OP I would not buy this house with the tank in the ground. It's just to risky. I went thru this heartache and I don't want someone else to.
Diane G
I feel your pain Diane. I have actually had homeowner's die on me over this - heart attacks due to the stress it can put a homeowner through! I am very homeowner friendly - I do my best to keep it as cheap as I can..I have even done some non profit cleanups for elderly people. Yours was done a few years back, the costs have since doubled! It's not cheap and if you are one of the lucky ones to have your homeowner's pay for it, that's even better but our lovely dept. of banking and ins. has let the insurance companies off the hook as of August 2005. They no longer have to exclude a pollution exclusion for residential policies for third party claims! Most of the better ins. co's, higher end ins. cos. still cover it but they will try to separate their liability based on when they feel the tank leaked. Say it leak in 2003 and you discovered it in 2008. They will say you have to pay for 2005 on. Not only has it screwed homeoners but it is putting remediation contractors out of business as homeowners can not afford this! The State grant is good but most contractors do not want to get involved as it takes too long to get paid. It's a NJ nightmare!
Yes I would but my first option would be to have it removed if at all possible so that I wouldn't have to worry about it down the road when I go to sell - what if you lose the paperwork? Now you have to pay to resample the same tank for the next buyer..."out of sight, out of mind!". I'm getting the impression you are considering buying a home or selling a home with an oil tank in the ground : )
Well, I am looking to buy a home, but I don't yet know whether there is an oil tank underground. That's why I'm thinking about all these different scenarios.
The home is too old to have been using natural gas from the start, but at some point along the way the house was converted to natural gas. I do plan on having an inspection done to see if they can locate any underground oil tanks. And I'm just trying to prepare myself for the potential outcomes of that inspection and what to do.
Actually, that brings up a good point: will a qualified inspection search for underground oil tanks be able to detect an oil tank under the basement, as in the OP's situation? I don't think he mentioned how he discovered there was an oil tank underground beneath the basement, but I got the impression that the seller told him about it?
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