oil tank removal and soil test

[Mark Kurian]

I'm currently buying a home and they found an oil tank. Seller doesn't have the money to pay for removal so I offered to remove the tank before closing, with a clause that if there is contamination, I will be backing out. Now they are saying they don't want me to remove It because if there is contamination, they will be forced to remediate. At this point, I'm thinking of doing just a soil test, but I'm scared that if it shows there's no contamination, but when I actually remove it there is contamination, there's nothing I would be able to do. What's my best option? I think the house is a good deal and I don't want to just walk away from it.

[Russell Brooks]

To give you an idea on the cost to remove the UST and get a No Further Action letter from NJDEP you would have to hire a pre-qualified environmental professional to investigate and remediate unregulated underground.  So you want to prescreen the site to see if it has leaked, you are looking at $1000 to $1500 to just collect a soil sample or two from around the tank.  If you go ahead and pull the tank you are looking at $4000 to $6000.  I personally would just put the money into the removal.  Typically on heating oil tanks you will have some soil contamination around the tank from over fills and small spills.  The contractor will dig 3-10 tons of dirt and dispose at a regulated landfill and then collect confirmation samples from the walls and floor of the pit for a closure report.  

As mentioned above you can close the tank in-place by backfilling with flowable fill once you have pumped out any remaining fuel. Just depends on access with a concrete truck. Looking at $300-$500 for the flowable fill another $1500-$2000 for an assessment report from a UST contractor to get the No Further Action letter assuming results are below limits.

Now if you don't need a No Further Action letter I would pull the tank and backfill as needed.  The tanks are technically non-regulated by NJDEP.  I assume you are flipping for investment property.  I would negotiate $4000-6000 off the cost of the property and pull the system.  Worst case is you dig another truck of dirt out at $1000 per load to dig and backfill.  Groundwater is usually not impacted as you will not know since most tanks are only 4-5 feet deep and you will not encounter groundwater in the tank pit.  If no water in the tank pit then you don't have to investigate for water impacts.  Groundwater is usually deeper just depends on your location.