| Site Closure
NJDEP (New Jersey Department of Environmental Protection) and PADEP (Pennsylvania Department of Environmental Protection) underground tank closure procedures are a minimum requirement. Many local municipalities have implemented ordinances and permit requirements that are more restrictive.
Can I close the tank myself?
All tank closures must occur under the supervision of a Certified and Licensed Tank Removal Company. Tank closure involves specific safety procedures and completing documentation. A certified remover is knowledgeable of both requirements.
When is a site assessment required?
A closure is required at UST closure for all USTs used for vehicle fueling at commercial occupancies, heating fuel tanks exceeding 2,001 gallons, and at any closure where signs of contamination are present.
Is a site assessment required for home heating fuel tanks?
Heating fuel tanks 2,001-gallon capacity and less are excluded from site assessment unless signs of contamination are present.
What is a closure"site assessment"?
Soil samples from the tank bed are collected by a Certified Sub-Surface Evaluator following NJDEP or PADEP protocol. The results of soil sample analysis will determine if further investigation of site contamination is necessary.
I purchased property with an out-of-service UST. Since I have never used the tank, am I responsible for having to close the tank now? Will I be held responsible for any contamination that may be present?
The property owner of record at the time the noncompliance becomes a regulatory issue is responsible for compliance and environmental remediation. Legal action against the previous owner by the current owner may be an option to recover costs.
I was not aware of the rules and had my tank removed by a contractor who is not certified. What do I need to do to satisfy the requirements?
The township inspector or DEP can fine the property owner and/or place criminal charges. The property owner will be held responsible for explaining the circumstances. Upon review of all information submitted, they will determine if the removal and documentation are satisfactory. A site assessment will be ordered to satisfy the closure, in the case where it would not have been required if procedures under the rule had been complied with.
I am selling/buying property which has a tank that was closed legally and did not require a site assessment. Now the Lender/Real Estate Agent is requiring a site assessment. Is this legal?
Yes, it is legal. Lenders and Real Estate Agents have not been excluded from the liability of lawsuits where contamination was discovered after a property transaction or change of lender. Factors such as tank use, when it was closed, how it was closed, and site history may also be site-specific issues.
What do I do if my tank has signs of an oil leak (i.e. corrosion holes and/or oil stained soil in the excavation)?
You are required by law to clean up the soil contamination if it is above the state clean up standards. A certified sub surface evaluator will conduct the investigation and implementation of the property cleanup. Quick Environmental will handle all the paperwork that is necessary for completing the remedial action report and obtaining a “No Further Action Letter”.
What is a "No further action letter" (NFA)?
"No further action letter" (NFA) means a written determination by the Department of Environmental Protection that based upon an evaluation of the historical use of the site, or of an area of concern or areas of concern at that site, as applicable, and any other investigation or action the Department deems necessary, there are no discharged contaminants present at the site, at the area of concern or areas of concern, or at any other site to which a discharge originating at the site has migrated, or that any discharged contaminants present at the site or that have migrated from the site have been remediated in accordance with applicable remediation regulations.
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