Legal Question in Environmental Law in New Jersey

Underground Oil Tank

When a oil to gas heat conversion takes place in a residential home, and the oil tank is underground, does the law require that the oil tank (that's obvioulsy no longer in use) be filled-in or dug-up and removed? (I submitted this question yesterday, but I don't believe it was received, as I did not receive any confirmation).

Asked on 1/20/09, 9:50 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC
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Re: Underground Oil Tank

Decommissioning underground oil tanks is a regulatory matter and the requirements tend to change more quickly than statutory law. To get your answer, you will have to check with both the State and local officials. You should know, however, that if the tank is not properly decommissioned (regardless of whether decommissioning is required), the property will probably become impossible to sell. All well-drafted contracts for land that has been occupied contain a warranty that there are no underground fuel oil storage tanks. That warranty usually survives the closing which means that the seller continues to be liable for any pollution.

See also: http://info.corbettlaw.net/lawguru.htm

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1/20/09, 10:52 am

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