Last month, Cardinal Environmental Consulting discussed the topic of Unregulated Heating Oil Tanks (UHOT) in New Jersey, and the forthcoming legislation that will allow for small amounts of contamination to be left behind (see New Jersey Unregulated Heating Oil Tanks & The Deed Notice “Light”), but for this post, we decided it was important to list some key points for homeowners to consider when having an Underground Storage Tank (UST) removed and some tips to be aware of when hiring a contractor:

Ensure that the UST contractor you’re hiring is certified & insured…and ask for copies.
Ensure that the UST contractor calls for a utility mark-out (and get a copy of the mark-out ticket). It’s the law in New Jersey.
Let your contractor know where all of the “private” utilities are on your property beforehand, including irrigation and electric lines if you know where they are. Contractors are not (and shouldn’t be) responsible for unknown utilities…but they are very skilled and avoiding them if they are told ahead of time.
Read the fine print at the end of the contract. Often times a residential UST contractor will provide a price to coordinate, remove, and dispose of the UST only. If contaminated soils are identified, it will be an added cost to remediate. For example: If the contract price you received says $5,000…that doesn’t usually include the excavation, transportation, and disposal of contaminated soils. However, ask what will happen if contaminated soils are discovered, and discuss the price per ton if soils need to be excavated. This generally ranges between $75 and $95 per ton.
Analysis costs for soil samples are often not included. Waste classification (WC) samples are sometimes collected, but the actual analysis may be an added cost. Discuss sampling and analysis prior to selecting your contractor. Note: the WC samples are used to let a disposal facility know what they are “accepting.”

And last, but not least:

Have the contractor include the cost to include mats or other means of protecting your lawn when the work is being performed. This includes keeping the removed UST on heavy plastic after it’s pulled. It’s understandable that there may be some minor disturbances to the grass and/or ground surface, but there’s no reason for two (2) foot deep ruts!

As we’ve stressed in the past, there are many good, reputable environmental consulting and contracting firms that do honest work and put in the effort to minimize the stress of removing USTs, however, you should also understand the proposed scope of work and costs, prior to signing any contract. Understand what you’re paying for and what the expectations are. Stay tuned for future discussions on this topic as there are plenty of items to cover!

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope. Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with Underground Storage Tank solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

There are essentially no bigger headaches when purchasing or selling a residential property, than the infamous Underground Storage Tank (UST). Whether identified intentionally or unintentionally, the presence of a UST stirs up confusion, and anxiety for all parties involved…realtors included. Of course, someone always knows “a guy” that can take care of the situation and makes things right, so to speak, but be on the lookout for firms or individuals that are not certified. In accordance with the Underground Storage of Hazardous Substances Act and UST Rules (N.J.S.A. 58:10A-21, N.J.A.C. 7:14B-16.1)-Individuals or business firms providing services for unregulated heating oil tanks must be certified. In addition, UST work must be completed in accordance with the New Jersey Uniform Construction Code (NJUCC), and local permits are required prior to the removal of a tank. Simply put…don’t let the guy, who knows a guy with a backhoe, perform any work on your property without the proper credentials and permits.

For many practitioners in the environmental consulting world, and the Unregulated Heating Oil Tank (UHOT) community, small heating oil tanks have the potential to cause incredibly costly headaches with remediation fees skyrocketing to well over $100,000 in many cases, just to scrape out every last bit of contaminated soil. Oftentimes, the chase takes you under a house and structural supports are required, which just adds to the anxiety of a homeowner. Fortunately, some insurance carriers pick up the tab, but some don’t, and some stick their head in the sand (which is the topic for another day); however, New Jersey is in the process of proposing new rules and guidance that may offer an alternative: the Deed Notice “Light”

The new rule (“N.J.A.C. 7:26F”) has been in the hopper for several years and is slated to be proposed in the next year. Once promulgated, it would allow for small amounts of residual contamination to remain in-place…with no restrictions and a No Further Action (NFA) issued by the NJ Department of Environmental Protection (NJDEP). Small amounts means ≤ 15 cubic yards (e.g. +/- 9ft. long x 7.5 ft. deep x 6ft. wide). In addition, when contamination is not accessible a homeowner will be allowed to pursue a UHOT Deed Notice or the Deed Notice “Light.” Of course there are many caveats that would need consideration, but this option gives the homeowner an opportunity to put the brakes on “chasing” contamination and end the remediation, with no requirement for NJDEP Remedial Action Permits or future inspections and/or certifications. It’s estimated that the Deed Notice “Light” would be a less than desirable outcome because it will reduce the value of a property, but when faced with steep remedial expenses, it’s a viable option.

When the new rule comes out and these options are available for consideration, do yourself a favor and utilize the services of experienced and certified consultants and contractors to help you make a sound decision, and above all else…make sure you don’t use the guy who knows a guy that has a backhoe. Odds are they are only going to compound the situation. Nobody needs that.

Stay tuned for future updates and musings, as well as others, from Cardinal Environmental. We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information please don't hesitate to contact us at tfrancis@cardinallsrp.com, or www.cardinallsrp.com.