Underground Oil Tanks

I took a class this week in underground storage tanks (UST).  It's a pretty occurrence in this area for there to be an underground oil tank.  And while I was aware that the state of Virginia has a plan to assist homeowners who have a leaking tank, I did not know the details. This was something I knew I needed to remedy and was glad to have the opportunity.

The class was taught by John Pollard from Pollard Environmental.  He's an excellent instructor and clearly knew his subject matter inside and out.  If you have a need for in-depth information on this subject I recommend his web site.

The law is interesting in that there is no requirement for any homeowner to ever test their tank for leaks. Still, it will be in the best interest of many homeowners to go ahead and do this now.  The state has established a fund that will pay most of the expense for most homeowners.  But the fund has a finite amount of money and no guarantees that when it's gone there will be any more.

This lack of a requirement for testing means that if you're purchasing a home with an underground oil tank your real estate agent would be well-advised to write in language that requires a test of the tank for leakage. Whoever owns the property at the time the leak is discovered is considered the Responsible Party by the state and is ultimately responsible for any clean up necessary and for ensuring the tank never leaks again.

Once testing has determined there is a leak, the Virginia Department of Environmental Quality steps in and determines the extent of the leak and how much clean up, if any, is required.  At a minimum, the tank must be emptied and sealed so that it will never again be an issue.  Depending on how much oil has leaked and where the tank is located, the state may require that surrounding soils be removed.

There is a deductible and the homeowner should expect to ultimately pay $1,000 to $1,200 out of their own pocket.  But the rest of the costs will likely be covered by the state fund.

If this is a subject that interests you or if you've got concerns in this area, feel free to contact me for more information.  Or, of course, for the real experts contact Pollard Environmental!