In use under ground oil tank

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This an underground oil tank that is currently in use.
Home built in 1970.
Exposed supply lines are susceptible to freezing especially in northern NY but not my biggest concern.
Here is my narrative: There is an underground heating oil tank in use. This may likely be past it’s expected life span which makes it prone to deterioration and leaking. Oil leaking from an underground storage tank is generally not observable. Oil contaminated soil is a serious liability and remediation is costly. We strongly recommend that you contact the realtor/current owner and have a licensed contractor investigate the integrity of the tank to determine if there has been any leakage and remove/abandon the tank. Under New York State Law liability transfers to the buyer when title is transferred and any existing contamination will be the new owner’s responsibility. Inform your attorney of this risk prior to closing.

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Are you just ‘sharing’, or are you looking for ‘opinions’?
Did you run this “Legal Statement” past your Attorney, and what did he/she have to say about it?

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I did not run it by an attorney, it’s NYS law. The topic is two fold. I was sharing and wondering what fellow inspectors think of the situation.

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So you are saying this is State Law??

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I would not put anything back on the homeowner or realtor. (I do not have these tanks in my area, but this is a narrative to consider and tweak as needed)

There is an underground heating oil tank in use. Evaluation or assessment of underground tanks is beyond the scope of this inspection However, based on the age of the home, the tank is likely to be past it’s useful life span and may be prone to deterioration and leaking. Leaking tanks and soil contamination can be costly. Therefore, based on the age of the home, I recommend further evaluation by a qualified contractor for necessary repairs/corrections as needed.

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Tom,
While not required by the Internachi SOP, I find it to be in the best interest of my client to inform them of the presence of an underground oil storage tank and the potential liabilities of buying one.

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I run across them occasionally. In use or not the inground tanks represent a costly cleanup if it’s ever required. In Maryland the tanks all need to be outside and above ground now where they can be easily inspected. Definitely something the buyer should know!

Oddly, I have seen a few Propane tanks under ground also. Wouldn’t want that either.

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I think I would put a recommendation more along these lines in my report.

There were oil filler and vent tank pipes protruding from the ground at X location indicating a buried tank below. It is recommended to make inquiry with current owner as to the age of the tank and have the tank inspected for integrity by a qualified contractor.

If it’s against the law in the area the inspection is being done in:

There were oil filler and vent tank pipes protruding from the ground at X location indicating a buried tank below. It is recommeded to have the tank removed and properly disposed of due to current law or EPA requirements.

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A day or so late, but in my area, underground propane tanks are very common. Here, the underground tanks are generally sold and not “leased” tanks. The tanks are constructed and coated for underground use and I’ve never brought up one that should be an issue…at this point because it’s not a part of the SOP. I just note that it is an underground tank and recommend that the LP supplier issue an functionality report.

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