Common Misconceptions:

Filling a tank in place does not remove one's liabilities of a leaking tank.  Filling a tank only

increases the structural integrity of a tank.  Therefore, if one is concerned about environmental

impact and the elimination of the unknown liabilities of a possible leaking tank, filling the tank is

not an answer and can be a waste of money when filling before determining if the tank leaked.

It is the law to disclose the presence of a heating oil tank during sale of a residential property.

It is illegal to remove the piping and fill ports of an underground storage tank and not disclose

the presence of a tank during sale of a residential property. 

When removing a tank, evidence of a release must be reported to the State within 24 hours

according to regulations.  Violations of State regulations are punishable by fines and/or eligibility

can be rescinded for reimbursement of cleanup costs.

Evidence of a release when removing a tank can be a detection of petroleum odors, staining of

soil in the excavation and laboratory data to confirm. 

The lack of stains or odors on the surface near a tank does not mean anything.  To determine

a release from a UST, the soil underneath the tank must be investigated.

It is a Buyer Agent's obligation to warn and educate a buyer of the liabilities associated with

home heating oil tanks.

It is important for a buyer to seek a Real Estate Agent with knowledge of the liabilities associated

with home heating oil tanks and other liabilities associated with buying real property.

Buyers and Agents be aware of the presence of a heating oil tank when the dwelling is older than

the current heating system or heating source provider.  Example: if natural gas service was installed years

after the dwelling was built, the chances of the presence or former existence of a home heating oil tank on

the property are good and should be a warning sign.