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NJ Spill Act and underground heating oil tanks

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stevsan

Junior Member
What is the name of your state (only U.S. law)? New Jersey
My question is this: does the NJ Spill Compensation and Control Act, NJSA 58:10-23.11 et seq, apply to cleanup of leaks from residential underground heating oil tanks? 58:10-23.11f says that whenever any hazardous substance is discharged, the DEP may direct the discharger to clean up the discharge. However, the NJ Underground Storage of Hazardous Substances Act, NJSA 58:10A-19 et seq, says that it does not apply to tanks used to store heating oil on residential property. Also, the DEP refers to residential underground heating oil tanks as "unregulated" in their flyer entitled "Homeowner's Guide to the Unregulated Heating Oil Tank Program (UHOT)."

In other words, do the DEP regulations relating to UHOTs exist because the Spill Act requires homeowners to clean up after a UHOT has leaked? Or do those regulations exist because of the practical difficulties a homeowner with a UHOT will face in attempting to sell the home?
 


rowz

Member
You from Jersey.... I'm from Joisey too. What Exit ;-)

I've dealt w/ 3 tanks over the past 10 years....2 clean, one not, so I've had some experience.

1) The Homeowner is ultimately responsible for the leaks.

2) Most Homeowners ins. policies no longer make provvisions for leaking oil tanks. Check yours to be sure.

3) When the ins. co does take responsibility, it is usually only when the leakage has caused injury or encroached into the groundwater and/or the property of a third party.

4) The State has some programs that help with paymenrr for remediation when you qualify by virtue of low income. That is the "LPUST" [Leaking Petroleum Underground Storage Tank]] Program. Funding for that program has been drastically reduced in the past year and a half or so.
My Mom is still on the waiting list for funding, she qualififed and was approved, but fell into the cracks of disrupted funding. Her app is stil "in the mill".

5) The authorities do not care about your problems, They just want the spillage properly cleaned up, with all the required soil tests & permits.

6) Once the tank is out & inspected, the site properly excavated and filled and the soil all tested before and after [to see how much oil was in the ground and how clean it is afterwards], a "Certificate of No Further Interest' will be issued and the issues of "how to sell the house" will be washed away.

7) You CAN sell a house witth a leaking/badsuspect tank, just know that the Buyer will not be able to obtain a mortgage without "The Certifcate".

Good luck
 

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