Is it necessary to test the soil surrounding a buried oil tank?
The property I am buying has a buried oil tank that was taken out of service. The tank contains sand, foam or gravel and no oil. The seller has provided permits and reports from the municipality and the town building inspector stating that the tank was properly abandoned and taken out of service. Is it still necessary to test the soil surrounding this buried oil tank?
Advice: If a seller provides a report stating that the soil was tested at the time the tank was taken out of service, filled with sand/gravel or foam, additional soil testing would not be necessary. If the seller cannot provide any written reports about soil testing, you should evaluate soil as part of your inspection. In recent months, many homeowners have discovered soil contamination exists around their buried abandoned oil tanks that their town or municipality considered properly decommissioned.
These homeowners originally purchased property based strictly on the municipality or town building inspector's approval and ignored the fact that soil testing was not performed at the time the buried tank was backfilled with sand, gravel or foam. Now, these homeowners are selling their homes and they are providing the buyer with all the municipality's documents about the buried oil tank on the property. Since the homeowner provided no documents about the soil's condition, the buyer tests the soil and discovers high levels of contamination in the area around the buried tank. Even though the homeowner has all the supporting documentation from the municipality, the responsibility for cleaning up the contamination rests solely with the unsuspecting homeowner. Remember cleanup costs may range anywhere from $8,000.00 to $100,000.00+.
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**If you should have any further questions, please contact the NJEDA Customer Support Administrator at 1-609-777-4898.
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