|
|
|
|
|
|
-
-
DON’T BE FOOLED, YOU ARE RESPONSIBLE!
Many homeowners make the unfortunate assumption that out of sight is out of mind. Many (if not most) home heating oil storage tanks were abandoned years ago when the home was converted to a heat pump or natural gas heating system. That tank may be more than 50 years old. It may have been leaking for years before it was abandoned in place. The toxic components of heating oil may be well disbursed in the soil and ground water of the residential lot. The plume of toxic petroleum leakage may invade adjoining properties or contaminate the subsurface aquifer.
Perhaps the homeowner or a previous owner abandoned the tank in place. Abandonment in place is often accomplished by pumping out any existing residue and filling the tank with sand, concrete slurry or polyurethane foam. Although proper decommissioning of a tank according to the requirements of the Uniform Fire Code prevents future leakage, it does not resolve the existing soil or ground water contamination. That oil storage tank may have been leaking for years while it was still in use for the storage of petroleum products.
Who is responsible for soil and groundwater contamination caused by a leaking oil tank?
Whether the leakage occurred before or during your ownership and occupancy doesn’t matter. Under both State and Federal Law, you, the homeowner, are the responsible party.
• Although you may be able to seek reimbursement for the costs of cleaning up soil or groundwater contamination from previous owners, as the current owner you are the responsible party.
• If you sell your home with an underground storage tank in place, whether or not it has been decommissioned, the discovery of contamination in the future may result in an environmental contamination claim being made against you.
• The general trend in our society is to discover and remediate environmental contamination. Do not expect future owners of your property, or their lenders, to ignore the potential for contamination as a result of a leaking fuel oil tank.
• Heavy clay soils found in many residential areas in the Puget Sound prevent biodegradation of released petroleum products.
• Seasonal high groundwater conditions may slowly disperse contamination into the aquifer.
Most fuel oil underground storage tanks will be removed without the necessity of cleanup of contaminated soil. Removal of the tank and inspection of soil conditions by a trained and certified professional will assure the homeowner, and future purchaser of the home, and any future mortgage lender that the risk of fuel oil contamination has been addressed and resolved.
In the unlikely event the homeowner discovers groundwater or soil contamination after tank removal, the homeowner will have control of the situation. If, on the other hand, the homeowner passes title to a new owner who discovers such contamination, the previous owner may be liable for the full cost of remediation measure over which he has no control. As bad as it may be to discover petroleum contamination on the premises, the discovery of contamination after the home has been sold could be financially devastating to you. The new owner will have all the rights and remedies against you afforded under the Model Toxics Control Act (MPCA) and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). While you, the current owner, may have many avenues to mitigate cleanup costs, when the problem is in the hands of the person to whom you sold your home you are basically left to await the presentation of a cleanup bill.
You may wish to visit the Department of Ecology’s Web site on underground storage tanks and your responsibilities under the Model Toxics Control Act. The Environmental Protection Agency also has a great deal of online information on this subject.
|
|
| | | |
-
-
What am I required to do about the unused heating oil tank in my backyard?
The Uniform Fire Code of Washington presently requires the decommissioning of any abandoned underground storage tank (UST) that is unused for one year or more.
As the homeowner you may be liable for any damage caused by a leaking underground oil tank under the Model Toxics Control Act.
Numerous issues can arise if a UST is left to rust. The Department of Ecology recommends decommissioning any unused UST to eliminate any possibility of future leakage.
Keeping with our standards of quality and service, Budget Tank Removal Services, Inc., maintains up-to-date information regarding UST and cleanup regulations.
Servicing the Greater Puget Sound area, Budget Tank provides the highest level of professional services to assist our customers with their tank and environmental service needs.
|
| | | |
|
|
|
