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Risks/Issues :: Residential & Farm Tanks

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This page attempts to answer the question: Why should I have my petroleum underground storage tank inspected? Well, there are many reasons to have your tank checked, but the most compelling reason is that a leaking tank may cause serious damage to your property or neighboring properties if it is not properly addressed, and financial assistance is currently available to address it if there is a problem. If a problem is discovered in the future, the owner will be liable for cleanups and damages, but financial assistance may not be available. Besides, we make the process simple for you; we do all the work.

What follows are important issues surrounding petroleum storage tanks, and at the bottom of the page we have included a brief discussion of the science behind leaking tanks and the migration of the contaminants.

BOCA National Fire Prevention Code and the Uniform Statewide Building Code

The BOCA National Fire Prevention Code and the Uniform Statewide Building Code state that (paraphrase) petroleum storage tanks that are abandoned for more than one year shall be emptied of their contents and removed from the premises. (Most localities will allow the tank to be filled with an inert solid if removal is obstructed). It is left up to the localities to enforce this code and many fail to enforce it on residential properties.

State Water Control Law

Article 11 of State Water Control Law requires that discharges (leaks) from home heating oil tanks and farm motor fuel tanks be reported to the Virginia Department of Environmental Quality (VDEQ), and it provides the VDEQ with the authority to require cleanup. At this time, a required cleanup is not a costly process, because the VDEQ provides financial assistance for cleanups. If a release is discovered in the future, financial assistance may not be available.

Risks to Property and Health

Leaking petroleum may migrate into crawlspaces, basements, and sumps which can make a house uninhabitable due to the petroleum vapors. If the release contaminates the groundwater, it may impact water wells (shallow or deep wells) or surface water bodies. If a water well is impacted, it is almost impossible to clean it up. The contaminants are not always detectable by taste or smell.

Other concerns are surface water bodies such as creeks or ponds which are usually fed by groundwater. Cleanups of impacted creeks and ponds can be very costly. If livestock drink from an impacted pond or creek, their health may be affected.

Selling or Buying Property

Inspections of underground oil tanks are becoming very common as part of residential real estate transactions for two reasons. First, if a tank is in-use as part of the heating system for the house, it is important to know if that system is intact. Second, if a tank is leaking, the owner of the tank is liable for cleanup and/or damages caused by it. Currently, financial assistance from the State through the Virginia Petroleum Storage Tank Fund (VPSTF) makes cleanups relatively inexpensive, but buyers are reluctant to purchase a liability which may be costly in the future.

Also many lending institutions and insurance companies require that petroleum storage tanks be inspected and properly addressed (if necessary) before providing a loan or insurance policy.

Third Party Lawsuits

Another reason why oil tanks are often inspected prior to a purchase is because prospective buyers, insurance companies, and lenders are concerned about third-party lawsuits. For example, a homeowner whose basement or water well has been impacted by heating oil from a neighbor’s oil tank may sue that neighbor for damages.

Protect Your Real-Estate Investment

For many Americans, buying a home is likely to be the biggest investment of their lives. Making sure that a petroleum storage tank is not a major liability is just one part of protecting that investment.

Science of Leaking Petroleum Storage Tanks and Contaminant Migration

Over 90 percent of the residential and farm underground storage tanks that we have inspected were installed prior to 1980, and over 60% of those tested were found to be leaking. This percentage is true for in-use tanks as well as abandoned tanks. The life of an underground tank is normally dependent upon the conditions of the soil and the tank construction, but the risk of a leak increases dramatically for tanks older than 10 years, and tanks older than 30 years are generally believed to have exceeded their life expectancy.

In our experience, leaking tanks rarely cause any surface contamination or dead vegetation, and for those tanks that are in use, one cannot rely on inventory loss to indicate leakage. As many people are aware, infiltration of water into a tank is an indication of leakage. But we have also found that a lack of water infiltration into a tank is not reliable evidence that a tank is not leaking. Whether or not water infiltrates a leaking tank is dependent upon the types of soils, drainage around the tank, and the level of petroleum in the tank.

How does petroleum move through the subsurface?

Contaminant migration through the subsurface is a complicated science, and much of it is still not understood. In general, petroleum leaking from an UST typically flows vertically downward until it encounters a “boundary” such as the water table (groundwater). The petroleum is lighter and does not mix with the water, so it then will float on the groundwater as it moves through the subsurface. Surface water bodies are usually fed by groundwater, so creeks, ponds, lakes and rivers may be impacted by the contaminated groundwater.

The direction of groundwater flow is usually consistent with the surface gradient, but water wells or sump pumps that are in use will to a certain extent, “pull” the groundwater toward them. If contaminated groundwater is within this “capture zone,” the well or sump will ultimately become contaminated.

How quickly the contaminants move from a leaking tank to a well, sump or surface water body is dependent upon many factors such as type of contaminant, soil type, gradient, and the presence or absence of preferential pathways. It may take a few days or it may take many years.

Another common way that leaking petroleum may move through the ground is through man-made preferential pathways such as utility trenches or construction trenches. Because these areas have been disturbed, the soils are “looser”” and more permeable, allowing contaminants to migrate easier. Basements and crawlspaces may be impacted by these pathways because utility trenches and footings are part of the construction of the house.

Surface water bodies such as creeks and ponds may be impacted. These surface water bodies are typically fed by groundwater. Groundwater contaminated by petroleum will ultimately make its way to a surface water body. If a pond or creek is used by livestock for drinking, the contaminants could have detrimental health effects on the livestock.

These risks are not limited to one’s own property. Contaminants may migrate to neighboring properties, raising the possibility of third party lawsuits.

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