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?
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?