The New Jersey Department of Environmental Protection (NJDEP) and the New Jersey Economic Development Authority (NJEDA) have set aside millions of dollars for homeowners in New Jersey that have environmental problems relating to heating oil tanks that have leaked. There are some requirements that must be met in order to qualify for these funds. Below is a brief list of conditions that are used to help determine an applicant’s eligibility:

1. Work must be performed by an NJDEP (New Jersey Department of Environmental Protection) certified contractor
2. Applicant must have owned the UST at the time of its removal
3. Annual taxable income of less than $250,000.00
4. Net worth of no more than $500,000.00 (not including primary residence & pension)

If you meet all four (4) of these requirements, you are eligible for grant funding. Grants do not have to be repaid and the only applicable fee a property owner must pay to get the grant is a $250.00 application charge payable to the State of New Jersey.

Listed below is some important information to know in advance about the application process:

► $250.00 Application Fee is NON-Refundable
► NJEDA (New Jersey Economic Development Authority) may take 6-8 weeks or more to review your application
► Complete copies of the (3) most recent years of Federal Income Tax Returns must be submitted with application for review. THIS IS REQUIRED AFTER NJDEP APPROVAL YOU DO NOT SEND FINANICIAL INFORMATION WITH YOUR INITIAL SUBMITTAL.
► Invoices for tank work performed & cancelled checks must be provided with application
► Maximum funding available for UST Removal is $1,200.00
► Maximum funding available for UST Removal/AST Install is $3,000.00
► NJEDA may take 4-6 weeks or more to disburse awarded funds to an approved applicant

In addition to the paperwork enclosed, Curren recommend that you include a copy of the invoice for the 1st UST removal as well as the invoice for the AST installation (if applicable). Also include with those documents copies of the cancelled checks showing that those services were paid in full. Also please note that the certification forms must be signed in the presence of a notary. Once you have completed the application package, make (3) complete sets of copies. One set of copies should be kept for your records.

Once submitted, your UST Fund Application will have a two-part review process. The completed application is submitted first to the NJDEP. The NJDEP performs an application review, which can take up to 60 business days to complete. The NJDEP is essentially looking for all costs incurred to be reasonably priced for the scope of work that has been performed. Please be aware that you will be billed directly for the NJDEP’s oversight costs* if your application is approved and ultimately awarded any monies (grant or loan) from the UST Remediation, Upgrade & Closure Fund.

After the NJDEP’s review of your application is completed, it will be forwarded along to the NJEDA. The NJEDA performs a financial review of your application. Once your application has been received into the NJEDA’s office for review, you will receive a letter requesting the following:

- Application Fee of $250.00 – Checks should be made payable to: NJEDA
(Please note this is a non-refundable application fee)
- Federal Income Tax Returns from the last (3) years – full, complete sets
- Additional NJEDA forms, as specified & requested in their letter if deemed necessary

Do not send the above referenced information with the original application. If this documentation is sent in error with the original application, the NJDEP will have it returned to you. Only send this information to the NJEDA after you have received their letter requesting said information. Once you are in receipt of this letter, Curren Environmental will be glad to look over it with you and provide you with any forms that are needed at that time.

Please feel free to contact our office with any questions or concerns you may have. We can be reached at the office by phone at 888-301-1050 or by email at info@currenenvironmental.com

What is a Phase I?

A Phase I ESA is meant to identify the potential for contamination of a site by hazardous or toxic materials and to identify other possible environmental constraints on the site. It is not meant to be a detailed, comprehensive investigation based on quantitative or qualitative analytical data. No environmental sampling and analysis will be performed under the Phase I scope of work. The form and content of an ESA I will follow the form and content as outlined in ASTM standard E 1527-05. The results of the Phase I ESA will be used to determine whether or not further study (such as a Phase II ESA) is warranted, based on the background information gathered and the results of the site inspection. To obtain and develop the information required for the Phase I ESA of a property in a timely and efficient manner, the following scope of work is typically performed subject to minor additions and deletions, as indicated by the availability, relevancy, and adequacy of the background information, and by the environmental consultant’s best field judgment.

Task 1 – Off Site Review

A. Identify the city, county and state where the site is located.

B. Obtain and review current Federal and State databases of suspected and confirmed contaminated sites within the zip code of the site, or within a minimum of one (1) mile, including the following:

1. NPL [Superfund], FINDS [EPA's Facility Index System], CERCLIS, RCRA, Open Dump Site listings, ERNS [Emergency Response Notification System], and the State Priority List, UST Facility Information, and Solid Waste Facility Information listings. State and local agencies will be contacted as necessary to determine if environmental monitoring or enforcement activities, investigations or claims have occurred on or near the site, and if industrial or waste water discharges to surface waters have occured near the site.

C. 1. Indicate other agencies contacted, the name of the person contacted, and the information obtained.

2. State the name and address of any listed facility found to be within one mile of the site. Based on the search, indicate the distance and direction from the site to these facilities.

Task 2 – Past Uses of the Site and Surrounding Land

A. Review title information of the property (provided at Client’s expense), and Sanborn Maps, if available, to obtain information on past uses of the property possibly pertaining to the storage, treatment or disposal of hazardous substances.

B. Interview the current owners, employees, neighbors, government officials etc., regarding present and previous uses of the property and surrounding area. Indicate the name of the contact and information obtained.

C. Examine readily-available historical aerial photographs and/or maps for indications of historical uses of the property, and for any evidence of potential on-site contamination, such as dumping or land filling.

D. Investigate whether the site or surrounding land within a one (1) mile radius of the site is being or has been used for any of the following purposes:

1. Agricultural (may be indicative of pesticide or herbicide used).
2. Landfill.
3. Tank/drum/equipment storage.
4. Industrial/manufacturing facility (type).
5. Oil/gas exploration.
6. Chemical/petroleum or waste storage/processing/ injection wells.
7. Military installations.
8. Fill areas.
9. Quarries/sand and gravel extraction.

E. Investigate whether there are or have been any storage tanks on the site and, where possible, what was stored in them. If possible, determine the age and the capacity of the tanks and whether a suspected release from the tanks has been reported. Determine if any existing tanks are in compliance with applicable tank laws and regulations.

Task 3 – Present and Proposed Use of Property/Surrounding Land

A. Provide a Site Location Map of the area using a USGS Quadrangle Map with the site clearly identified.

B. Identify any land within one (1) mile of the site that is indicated or proposed as a permitted landfill, hazardous waste, or solid waste facility. If so, determine potential for environmental impact on the site.

C. Determine if there is evidence that water wells, in use or abandoned, exist on the property. Indicate if they are the primary source of drinking water. Specify the present and proposed method of supplying drinking water.

D. Determine the present or proposed method of sewage disposal, whether public or private. Determine if a septic system, abandoned or in use, exists on the site.
E. Provide a preliminary hydro geological characterization of the site by reviewing soil survey maps, geological maps, topographical maps, flood plain maps and data, and any other pertinent data available for the property and its vicinity.

Task 4 – Walking Inspection of Property

A. A qualified Environmental Professional will conduct a walking inspection of the property in order to determine whether any of the following were discovered:

1. Discolored or disturbed soil areas.
2. Areas of sparse, sick or dead vegetation.
3. Drums or storage tanks (note type).
4. Discolored or polluted water; unusual or noxious odors.
5. Groundwater monitoring wells.
6. Floor drains.
7. Roads with no apparent outlet or purpose.
8. PCB containing transformers within structures or on power poles and lighting ballasts in older buildings. Other potential PCB containing material, such as soil near current or former railroad tracks.
9. Maintenance practices and hazardous materials handling procedures.
10. Any storage of significant quantities of potentially hazardous chemicals, including herbicides and/or pesticides.
11. Potential use of lead based paint.
12. Potential wetlands and flood plains.

B. Provide documenting photographs.

Task 5 – Final Report

A. Review the data developed from the field reconnaissance, agency contacts and records for technical accuracy and corroboration. Analyze and assemble the data into a final report stating conclusions and recommendations either that no further study of the site be undertaken or that a Phase II Environmental Site Assessment be initiated.

B. Determine whether there are any unique environmental factors, observations, or aspects of the site history which would justify further investigations.

Contingent on what a Phase I finds, additional investigation maybe required which would lead to performing a Phase II or a Phase II.

What is a Phase II?

Where a Phase I is a paper research and physical inspection of a property, a Phase II typically involves physical evaluation and/or testing at a property. A Phase II is performed to help answer questions that arise in a Phase I such as, are there buried tanks; does contamination exist beneath the property? To answer these questions, a Phase II may include a metal detector survey or Ground Penetrating Radar (GPR) survey of a property to locate suspect Underground Storage Tanks (USTs). A Phase II may also consist of advancing soil borings to collect both soil and groundwater samples from areas of a property where contamination may be present, based on the Phase I report.

Q. Why are underground heating oil tanks a concern?

A. Historically, petroleum products have been stored in steel Underground Storage Tanks, (UST’s). These steel tanks have a finite life expectancy (rust never sleeps) and when corrosion holes breach the tank shell or the welded seams of the tank fail, petroleum will leach into the environment. In response to both state and federal environmental requirements and emerging technology’s, replacement of single wall steel UST’s have become a growing trend in order to remove the environmental liabilities associated with Leaking Underground Storage Tanks, (LUST’s). Buried heating oil tanks raise a variety of environmental, safety, legal and economic concerns for home owners and home buyers. The largest concerns relating to environmental issues are heating oil leaks that cause soil or groundwater contamination. Economic issues consist of the cost and risks associated with testing, tank removal and site cleanup.

Q Why do underground heating oil tanks corrode?

A. Corrosion is caused by the inherent tendency of iron based metals that are most all heating oil underground storage tanks are comprised of to revert to a stable form. This stable form is what you know as rust. When and how fast steel turns to rust is dependent on a wide variety of variables such as soil moisture, pH acidity, backfill material, physical location of the tank, the thickness of the tank, amount of water in the tank, age of the tank and any scratching or damage occurring during the tank’s installation.

Q. Are residential underground heating oil tank regulated by the law?

A. If you have a underground home heating oil tank installed at a residential property, your tank is exempt from Federal Regulations. Should a home heating oil tank release oil into the environment, then at that point the owner of the tank is no longer exempt from the provisions of environmental regulation governing uncontrolled discharges or releases into the environment. At the time it is discovered that an oil tank has leaked, the property owner would need to take reasonable measurers to address the source of the leak/spill and prevent it from spreading and the incident reported to the appropriate agency. In New Jersey the governing agency is the New Jersey Department of Environmental Protection, (NJDEP) not the Environmental Protection Agency, (EPA) which is a Federal agency and does not have immediate jurisdiction for these types of incidents. If a heating oil discharge has occurred at your home, regardless of the quantity, the owner is required to report the leak to the New Jersey Department of Environmental Protection (NJDEP). Caling the NJDEP’s toll free 24 hour Environmental Action Hot Line at 1-877-WARN DEP (1-877-927-6337) as soon as a a leak is discovered. After discovery of the tank leak, a subsurface investigation (soil borings and testing) would have to be completed and contingent on the petroleum levels appropriate corrective action (i.e., cleanup/remediation) would need to be initiated to address the tank leak.

Q. How do I know if a residential property has an underground storage tank.

A. Typically (85%) of the time there are tell-tale signs of an in ground oil tank such as a visible vent and/or filler pipes, disconnected oil lines coming through the foundation wall which were the supply and return lines from the heatingoil tank, a concrete channel maybe visible in the basement floor that leads to the furnace area.. Any of these physical signs is a good indication of a tank that has been removed or, there is still a tank in the ground.

To be more certain hire an environmental professional who is trained to look for this evidence and can also be equipped with a metal detector and a radio frequency locator or ground penetrating radar unit to evaluate a property for a suspect tank (UST).

Q. We found an underground fuel oil tank, what do we do now?

A. The phrase let the buyer beware should be listened too and an appropriate investigation of the tank should be performed. If this is a real estate transaction, under no condition purchase the house, no matter how “good the deal is” until the tank is removed and/or ground is tested by a licensed environmental company for any contamination. If the current owner does not have any paperwork on the tank, then assume such paperwork does not exist and an evaluation of the tank will be required.

It should be noted that the vast majority of oil tanks in the ground are not leaking, but tanks like roofs are an expendable items and require replacement.

Q How do you test the tank?

A To investigate for the presence of petroleum, three to four soil borings are advanced around the perimeter of the buried tank. Each soil sample is evaluated on the site for petroleum and the sample indicating the highest field screen reading is submitted to a New Jersey certified laboratory for testing.

Q Why test an underground heating oil tank?

A Testing heating oil Underground Storage Tanks, USTs, allows home buyers to complete their Due Diligence Investigation, concerning the integrity of the underground petroleum storage tanks.

Q The property I am buying has an underground heating oil tank that was decommissioned (taken out of service). The tank is filled with sand, gravel or foam and contains no oil. The seller has provided permits and reports from the town building inspector stating that the tank was properly abandoned and decommissioned. Is it still necessary to test the soil surrounding the tank to determine whether contamination exists?

A If a seller provides a report from a state certified environmental company with laboratory results from a state certified laboratory stating that the soil was tested at the time the tank was taken out of service and filled with sand/gravel or foam, additional soil testing would not be necessary as long as the soil tests were acquired from the appropriate locations and analyzed for the proper laboratory analysis. To verify this answer an environmental professional should review this report to ensure it is complete and thorough.

Q If the seller cannot provide any written reports about soil testing, should testing be performed?

 
A. Many homeowners have discovered soil contamination exists around their buried abandoned oil tanks that their town or municipality considered properly decommissioned. These homeowners originally purchased property based strictly on the municipality or town building inspector’s approval and ignored the fact that soil testing was not performed at the time the underground heating oil tank was backfilled with sand, gravel or foam. Now, the homeowners are selling their homes and they are providing the buyer with all the municipality’s documents about the buried oil tank on the property. Since the homeowner provided no documents about the condition of the soil in the tank excavation, the buyer tests the soil and discovers levels of contamination (heating oil) in the area around the underground tank. Even though the homeowner has all the supporting documentation from the municipality, the responsibility for cleaning up the contamination rests solely with the unsuspecting homeowner. The regulations read that whoever owns the property owns the problem.
If there is no written report certifying the soil’s condition, make sure you test the soil around any abandoned or “properly closed” heating oil tank before you take possession of the property.

Q Why test the soil around the tank?

A If a spill has ever occurred while filling the tank, or if the tank or piping has or is leaking, residual oil will be present in the soil around the tank. Analytical data from an independent laboratory provides third party data concerning the presence or absence of petroleum around the buried storage tank.

Q. What is the State’s role?

 
Under state laws, cleanup activities must be conducted for discharges of heating oil when levels are over NJDEP standards or groundwater has been impacted. Contaminated soil and water cleanups may take place with or without state oversight. However, to obtain final state approval of a cleanup, a “No Further Action” letter is needed through the NJDEP’s Voluntary Cleanup Program or UHOT program. This letter is required by mortgage and insurance companies for most real estate transactions. If a NFA letter is needed at closing, please ensure that you leave ample time to complete the cleanup and gain final state approval..
The DEP receives no state funding to cover the costs for oversight; therefore costs must be paid by those who require the service. The DEP, in turn, reviews cleanup activities and provides final approval at the conclusion.
A property owner may choose to perform a cleanup without participating in the Voluntary Cleanup Program, but the matter will remain an open case until the Department can review the cleanup. Reviews of cleanups conducted outside this program are conducted on a priority basis, with those sites posing the greatest environmental risks addressed first. A “no further action” letter, however, is available only through the Voluntary Cleanup Program.

Q. What Are the Steps for Cleanup?
A. The following are some of the steps a contractor will take to clean up fuel oil contamination. All individual cleanups will differ depending on the size of the plume and if groundwater was encountered. The following steps will help you better understand the general cleanup process.
If there is an underground storage tank that must be removed, it will be removed according to local codes and the American Petroleum Institute’s recommended practices. Your municipality will require a construction permit in order to remove the tank. The tank will be thoroughly cleaned and properly disposed of at recycling/scrap metal facility.
Once the tank has been removed, the contractor will take soil samples to determine if a release has occurred. A NJDEP certified laboratory will analyze the samples, and the results will be compared to the DEP’s soil cleanup criteria to determine if remediation is required. A quick overview of NJDEP standards: If Diesel Range Organics (DRO) concentrations are detected in excess of 1,000 parts per million (ppm) in the excavation, the soils must also be tested for Volatile Organic Compounds (VOC). The VOC test will be required on 25 percent of the samples with the highest DRO concentrations exceeding 1,000 ppm of DRO. Concentrations of DRO in excess of 5,100 ppm must be remediated. Concentrations below the 5,100 ppm of DRO may be below DEP soil cleanup criteria, and may not need to be remediated. If groundwater is encountered the DEP may require more testing before they make this determination.
Once the soil samples are obtained the contractor will be able to determine the size of the plume and give a cost estimate for the clean-up. The contractor will then apply for permits and the remediation process will begin. The contractor will have the soil pre-approved a recycling facility so that they can be recycled properly. After all of the impacted soils are removed the contractor will take post-excavation soil samples and then backfill the area with certified clean fill. These clean-up costs can range from $7,000.00 to $500,000.00.

Insurance

You should file a claim with your homeowners insurance company as soon as evidence of a leak is discovered. Most policies require at least prompt notice of a claim, and they may require your assistance in providing information to the insurer. The language of each individual policy determines if there is insurance coverage for cleanup of contamination from leaking residential underground storage tanks.

Financial Assistance

Grant and loan programs are available from the State to provide financial assistance for cleanup costs. To find out if you are eligible, go to www.nj.gov/dep/srp/finance/ustfund/, or contact the Division of Remediation Support, Bureau of Contract and Fund Management, at (609) 777-0101.
Effective Aug. 2, 2006, the Petroleum Underground Storage Tank Remediation, Upgrade and Closure Program provides loans and grants to eligible applicants to help finance project costs for the closure and replacement of a non-leaking residential underground storage tank. This funding assistance is available through the EDA. If you have additional questions, contact EDA Customer Support at (609) 777-4898 or go to the Economic Development Authority’s Web site

Q. The property owner said he never used that tank and it was there when he bought it, so he or she is not paying for any testing or removal.

A. Just because the current owner made a bad decision doesn’t mean you should. Depending on the state where the property is located, there maybe a construction code requiring a tank that is out of service for longer than a year to be removed or properly abandoned, this could help budge the owner to do the right thing and address the tank issue.

Q. When an oil tank is removed what is a tank certification?

A. It is typically recommended that all tanks be removed from the ground when taking a tank out of service. When a tank is removed and a site assessment soil samples is performed by a qualified individual, a professional determination can be put forward as to the integrity of the tank. Some people refer to the determination as a Tank CERTIFICATION. There is no standard certification that is mandated by the EPA or the NJDEP for residential heating oil tanks and given by an independent company. What a property owner can receive is a professional determination from the company performing the tank removal activities describing what transpired during the tank removal. This determination can and should contain a statement regarding the visual integrity of the tank and if the tank did or did not leak. The site assessment to evaluate whether contamination is present in the excavation can be carried out in a variety of ways while the tank is being removed and can consist of the following:

• Evidence of contamination can be determined from product odors, product stained soils, and/or visual evidence of free product.

• Inspection of the Underground Storage Tank, (UST), for evidence of corrosion or perforations once the tank is removed from the ground.

• Obtaining soil samples from along the bottom invert of the tank excavation.

In New Jersey the standard analytical testing method for number two heating oil is Diesel Range Organic (DRO) EPA Method 8015. Testing for DRO gives a broad spectrum look as to the total amount of petroleum hydrocarbons in the soil. Clarification as to concentrations of Total Petroleum Hydrocarbon Content or TPHC, can be ascertained by collection of a soil sample from the tank excavation and submitting the soil sample or samples to an independent licensed laboratory for analysis. Standard turnaround or completion of sample analysis is ten business days from the date the laboratory receives the soil sample. Quicker analysis time frames can be obtained but will be more expensive than the standard ten day around. Bear in mind that turn around times for completing soil laboratory analysis is based on when the laboratory receives/logs in the actual sample or samples. The laboratory may not pickup and log in the soil sample for twenty-four hours after the sample is collected from the property.

Q. What is involved with removing an underground heating oil tank?

A. There are a variety of required procedures that need to be followed when an Underground Storage Tank (UST) is permanently taken out of service. The most important are the confined space requirements for personnel who clean tanks. Any individual who enters a confined space, (an example of a confined space is an oil tank), must complete a 40-hour training course with a yearly 8-hour refresher class to certify the individual for confined space entry. At a minimum, both American Petroleum Institute, API, standards and Occupational Safety and Health Administration, OSHA, regulations should be observed during tank closures. (For the same reasons that you hire a trained and licensed plumber or electrician, you should also hire an environmental company fully capable of servicing your tank needs).

Standard procedures for closing a UST system entail following American Petroleum Institute, (API), “Recommended Practice 1604, Removal and Disposal of Used Underground Petroleum Storage Tanks,” and American Petroleum Institute Publication 2015, “Cleaning Petroleum Storage Tanks.” Occupational Health and Safety Administration, (OSHA), 2226 – Excavations, OSHA, 29 CFR Part 1926 Occupational Safety and Health Standards Excavations, OSHA, 29 CFR Part 1910, Occupational Safety and Health Standards and National Institute for Occupational Safety and Health (NIOSH) “Criteria for a Recommended Standard – Working in Confined Space.” By ensuring that tank removal activities follow the guidelines set forth by Federal, state and local ordinances and industry organizations such as the Occupational Health and Safety Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), and the American Petroleum Institute (API), a property owner is assured that the potential risks relating to performing tank closure activities are addressed.

Local construction/fire permits are typically required to be applied for before the tank can be removed. Once the local permits are approved, it is typical that the local inspector will need to be onsite for all or a part of the removal activities.

State law requires that before any excavation activities can commence, a utility markout will need to be performed. The company performing the tank removal should call for an underground markout. Not all underground utilities are covered by this service. Also, utility markouts do not include portions of service lines which are the property owner’s responsibility to maintain. It is the responsibility of the property owner to identify all underground utilities which may not be covered by the markout service. It is the law in New Jersey and other states, to call for a utility markout before you dig. Make sure the company you choose to remove the tank obtains a markout confirmation number. It protects all parties involved.

To access a buried oil tank it is necessary to undercover the top of the tank to permit entry into the tank for the purpose of cleaning the tank. The majority of Underground Storage Tanks are typically located adjacent to an existing structure or dwelling. Accordingly excavation of an underground storage tank should be made with due care to avoid undermining the dwelling foundation.

After the tank has been excavated to expose the top, and all pumpable liquids removed, the tank should be purged of petroleum vapors. Purging of the tank consists of drawing air through the tank to remove/purge the tank of any hazardous vapors. Without purging the tank, a hazardous environment inside the tank may exist due to lack of oxygen in the tank. After the tank has been properly purged, an inspection of the oxygen level in the tank should be performed. If no hazardous vapors are present and the tank contains sufficient oxygen, the tank should then be entered and cleaned. Cleaning of the tank will consist of wiping, squeegeeing and removing all liquids and sludges from the tank. Liquids are then either placed into onsite storage containers or a vacuum truck. The liquids are then typically transported off the site for recycling. The tank should only be removed from the ground after it has been properly cleaned.

After the tank is removed, soil samples can be obtained and tank excavation will need to be inspected by the local official. Once this is done the tank excavation can be backfilled with clean certified fill.

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