Virginia Law and Abandoned Underground Oil Tanks: Buyer’s Due Diligence
Purchasing a Property With an Underground Oil Tank?
When purchasing residential real estate containing a known or suspected heating oil UST, we recommend that the following items be included in the addendum to the contract:
-
-
A proper leak/release inspection of all petroleum underground storage tanks shall be performed.
-
If there is evidence of a petroleum leak/release from the tank(s), it shall be immediately reported to the Virginia Dept. of Environmental Quality (VDEQ) and addressed per State Water Control Law.
-
All out-of-use (regardless of how long) and/or leaking underground petroleum storage tanks shall be properly removed or, if approved, filled with an approved inert solid per local Building/Fire Code specifications.
-
The site is to be reasonably restored to its original condition (if it is necessary that an active tank be taken out of service due to leakage, then an equivalent replacement tank or alternative source of heat shall be provided).
-
Is a Certification or Licensing Required?
There is no certificate or licensing for inspectors, so it is important that qualified personnel be selected to perform the inspection. We also recommend that the inspection company have professional liability insurance. Pollard Environmental meets both of these criteria.