Frequently Asked Questions about Tanks:
Should you tell buyers about your home heating oil tank?
The State of North Carolina Residential Property Disclosure Statement (Item 14) requires property
owners to disclose "Environmental Hazards" such as underground storage tanks (USTs), prior to selling a property.
Are you required to remove your home heating oil tank?
Most home heating oil tanks are considered non-regulated tanks by the North Carolina Department
of Natural Resources (NCDENR); however, a petroleum leak from any UST is regulated by NCDENR.
Therefore, a UST is not required to be removed if the tank did not leak.
Why is it important as property owner to know if a tank on your property leaked?
According to North Carolina general statutes you may still be the owner of a tank even after you sold
the property; therefore, you could be liable for a tank that started leaking after you sold the property.
Therefore, it is recommended to landowners to at least determine if a tank did or did not leak prior to
a sale of property.
Why is it important as a buyer to know if a tank on a property leaked?
Who is responsible for the UST?
According NCDENR the "statutory tank owner" is responsible for the release from the tank.
The "statutory tank owner" is determined by the date 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 property would be considered the tank owner even
if that person never used it.
How do you determine if a tank leaked?
Most of the time total petroleum hydrocarbon analysis of a sample strategically collected beneath
the tank will indicate if a tank has leaked. The cost to inspect a UST ranges from $100 to $250
depending on location and urgency. Call Cohesion for an estimate.
What if the tank did not leak?
Although the removal of a UST is not required, in most cases it is recommended. If the UST did
not leak and is not removed, Cohesion recommends pumping and properly disposing all fluids from
the tank to protect the UST from future leakage. Keep all documentation confirming the tank status
and fluid disposal information with the property records.
What if the tank leaked?
According to NCDENR's rules and regulations, a leak must be reported within twenty-four hours to
NCDENR. Violation of this regulation is punishable by law with fines up to $10,000 per day. A leaking
UST is subject to additional federal and state regulations requiring assessment and cleanup. We recommend
calling Cohesion for advice and guidance. All client and property information is kept confidential.
How could cleanup of a leaking tank be financed?
North Carolina has a Commercial and Noncommercial Leaking Petroleum UST Trust Fund that could
reimburse up to 100% for reasonable and necessary costs related to the cleanup of petroleum releases
from a UST. Eligibility for reimbursement from this Trust Fund might be obtained through application and
compliance of certain rules and regulations pertaining to your UST. Cohesion can help you apply for these funds.
Why use professional environmental services?
When a property is petroleum contaminated, several rules and regulations apply to that property. Failure
to properly follow applicable regulations and procedures may result in fines and penalties. Negligence may
also jeopardize eligibility to receive reimbursement from the trust fund, which may result in additional
out-of-pocket expenses. Cohesion has the experience and environmental knowledge necessary to help
you comply with the rules and regulations.