What do I do
with a home
heating oil tank that is no longer
being
used?
Home heating oil tanks are exempt from the "closure" requirements.
"Closure" of USTs means removing the tank from the ground or filling
the
empty
tanks with a solid, inert material such as sand, and analyzing
soil.
Even though these closure requirements do not apply to home heating oil
tanks, a
tank owner is advised to empty a tank once it is no longer
being
used in order to limit the chances of a release. Tanks should not be
filled
with
water. Although it is not a requirement to remove old heating oil
tanks, potential buyers are sometimes reluctant to purchase property
with
USTs;
so removal may be a good idea in the interests of resale.
If I choose to
remove my home
heating oil tank, what are
the requirements?
Some local fire inspectors’ offices regulate USTs, so you should
contact
your local office prior to removal. You do not need to contact a North
Carolina Division of Waste Management (DWM) office unless you discover
signs of a leak, spill, or contamination.
What do I do
if I discover
contamination?
Notify your local DWM regional office immediately if you discover signs
of leak, spill, or contamination such as stains on the soil, strong
petroleum
odors or puddles of oil. Please refer to the back of this brochure for
telephone numbers and addresses of the DWM regional offices. If you are
responsible for the contamination, your local DWM office will provide
you
with the information for sampling and cleanup.
Who is
responsible for cleanup
of contamination?
Primarily, the "statutory tank owner" is responsible for cleaning up
the contamination. Who the "statutory tank owner" is depends upon when
the tank
was last used. If it was last used before November 8, 1984
then
the last party who used that UST is considered the tank owner (even if
that party no
longer owns the property.) However, if that tank was used
on or after November 8, 1984, anyone that owned the tank would be
considered
the tank
owner even if that person never used it.
If I am
responsible for
cleaning up contamination caused by
a home
heating oil tank, what do I do after I report the contamination?
First of all, soil samples need to be taken to determine how much
contamination
is present. Groundwater samples may also need to be taken,
especially
if
groundwater is close to the contaminated soil. A certified laboratory
must
analyze these samples. To ensure that the sampling is
completed
according
to DWM guidelines, it is recommended that a professional consultant be
retained. Depending upon the levels and extent
of the contamination, as
well as the geology of the site, further assessment may be necessary.
The
DWM regional staff can help you determine
what further steps are needed
(see map for addresses and telephone numbers). If further action is
required,
you will likely have to hire a professional
to assess the site and
clean
up the contamination.
What kinds of
companies do
this sort of work?
Many companies do environmental work. Typically, they can be found
in the yellow pages of a telephone book under "Environmental
Consultants."
When choosing a company, we recommend getting several estimates and
references.
The DWM does require that site assessments and cleanup work
be
conducted
under the responsible charge of a licensed geologist or professional
engineer.
How am I going
to pay for this?
North Carolina has a Non-commercial Leaking Petroleum UST Cleanup Fund
that will pay up to $1 million for reasonable and necessary costs
directly
related to the cleanup of a petroleum release from your UST. The
cleanup
fund will not pay for attorney fees, tank removal costs, or for
excessive
or unnecessary work.
In the case of
home heating oil
tanks, this fund is available
with a
zero deductible to "statutory tank owners" and with a $5,000 deductible
plus 10% to
landowners that do not meet the definition of an owner/operator.
This
fund does not cover above ground storage tanks. Please refer to our
"Cleanup
Funds" brochure or call one of the DWM offices for more
information about
this fund.
What are the
requirements if
the leak is from an above
ground home
heating oil tank?
If a leak from an above ground tank is discovered, it must be reported
to your regional Division of Water Quality (DWQ) office immediately. If
cleanup is required, your regional DWQ office will tell you how to
proceed.
North Carolina’s cleanup fund does not cover releases from above
ground
storage tanks.
Where do I go
if I have more
questions?
Please refer to the map
for telephone numbers and addresses of
the DWM regional offices. Ask to speak to someone in the UST Section.
You
may
also contact the UST central office at:
NCDENR
Division of Waste Management
UST Section
1637 Mail Service Center
Raleigh NC 27699-1637
(919) 733-8486
The purpose of this page is for general guidance. More specific information can be found in 15A NCAC 2L, G.S. 143-215.83-85, and the most recent site assessment and cleanup guidance issued by the UST Section. Although this brochure only addresses home heating oil underground storage tanks, the same basic requirements apply to small (1,100 gallons or less) farm and residential motor fuel tanks.