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Professional
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The following article was originally published in the
Spring of 1990 New York State Department of Environmental Conservation “Tank
Bulletin”, Vol. 3, Number 1. While
the information on enforcement of laws pertains to New York only, the
information on the fuel tanks and fuel spills is worthwhile in any locale.
Home Owners Liable for Spills from Home Heating Oil Tanks
by Joe McDonald, DEC Spill Responder
When
most people
think of environmental
spills, they visualize the Exxon Valdez sending
out a miles-long oil slick or a tank truck overturned and leaking gasoline. Some
may even bring to mind oil seeping from beneath a pile of burning tires, or
pools of pesticide- contaminated water in the smoldering remains
of a
garden store.
But environmental spills
are occurring continually
with approximately 10,500 spills from petroleum and chemical tanks alone being
reported to DEC annually.
New
York State has approximately 190,000 tanks which must meet minimum standards to
operate in the State in order to combat
against the
problems associated with environmental spills. These tanks are regulated
by the State Petroleum or Chemical Bulk Storage regulations
and/or the
federal Underground Storage
Tank (UST) regulations. But
what about
the thousands of residential home heating oil storage tanks that are not
regulated by the State because their total storage capacity is less than 1,100
gallons and are not regulated by federal UST regulations because home heating
oil is exempt?
Home
heating fuel oil storage tanks are usually 275
to 1,000 gallons in capacity and do not fall under the State or federal
regulations. The number of residential storage tanks has been estimated to
exceed 3 million in New York State alone.
Bare
steel tanks like the ones used to store home heating oil probably pose a greater
overall environmental risk than most spills
that make
headlines, according to Tom Quinn, chief of DEC's Bureau of Spill
Prevention and Response. Many tanks are buried, making corrosion likely and
leaks hard to spot. Even a small tank can leak surprisingly large amounts of oil
into the ground - and into the groundwater, irreplaceable drinking water for
more than one in every three New Yorkers.
In a
recent survey of petroleum spills which occurred in Levittown, Nassau County in
1989, 54% of the petroleum spills reported to the NYS Emergency Spill Hotline:
1-800-457-7362, were caused by leaking residential fuel oil tanks or
lines. State-wide, over 1,500 residential spills (12% of the spills reported
across the State) were reported and investigated by DEC.
The
number of spills that actually occurred from residential tanks is much higher.
Many homeowners and some local fuel oil dealers are reluctant to notify State or
local authorities until a spill has affected a private water supply or is
creating an odor problem.
The
most serious and immediate threat from a leaking residential oil tank is the
fuel oil smell. Long term exposure to even low levels of petroleum vapors in a
house is hazardous to human health. Short term reaction to petroleum vapors is
generally noted by a sore throat, headaches and/or skin rashes.
In
the majority of these spills, nearby private wells, public utilities, streams or
cellars are impacted. A large number of private wells that
do become contaminated are
either replaced or require treatment with an activated carbon filter.
Why
are these tanks leaking?
During
the 1950's and 60's, a large number of homeowners had their coal- fired furnaces
converted to fuel oil. This required the bulk storage of fuel oil at their
homes. Most of the 275 gallon steel tanks were installed in the cellars or
outside next to buildings. The larger 550 and
1,000 gallon tanks were installed underground.
The
Tank Corrosion Study conducted by Suffolk County Health Department in 1988
states, "In general, small tanks are much more likely to perforate than
large tanks due to the thinner tank walls found in small tanks." Home
heating oil tanks are constructed of lightweight and unprotected steel of 0.067
to 0.123 inches in thickness. Since most cellars are damp, the 275-gallon tanks
will usually develop a leak in the bottom portion of the tank where moisture
'will collect and enhance corrosion of the thin steel. Also, tanks installed
underground are exposed to corrosive soils and will eventually corrode and leak.
Underground tanks that are over 17 years of age have a 50% chance of leaking,
and many of the home heating oil tanks in the State were installed over 30 years
ago.
Another
source of leaks in home oil systems is the copper fuel oil feed line from the
tank to the furnace. If when installed it comes in contact with a concrete
cellar floor, it may develop a leak, since concrete appears to enhance corrosion
of copper lines.
Who
Pays for the Cleanup?
State
law requires that the spiller pay for any cleanup that is required. "There
are some horror stories out there," says Quinn. "Most homeowners do
not know that they are responsible if their oil tanks or lines leak. So if the
Department has to hire a cleanup contractor, owners are surprised to get billed
for 8-, 10-, or 12- thousand dollars. And it is even worse when they later find
out that their insurance policy has a pollution exclusion clause and will not
pay the bill," he says.
Buried
steel tanks are the riskiest, but costly damage can happen even when the tank is
in a cellar.
A
frequent cause of such spi11s is overfilling. "We had one spill that ran
into the sump hole, and the sump pump picked it up and dumped it in the nearest
stream. That cleanup was more than $40,000," Quinn recalls.
Quinn
advised homeowners: "A bare steel home heating oil tank is a potential
disastrous liability." Any bare steel tank is a spill waiting to happen and
a lot of the tanks are already leaking.
Prevention
of spills can be achieved without a large economic burden to the homeowner. A
visual inspection by a fuel oil service personnel can usually detect some
causes of a
spill from
an aboveground tank.
The
likely problem areas are:
1) Storage tank
is not structurally stable and may tip over.
2) Steel tank
appears to be structurally sound, but the inside and bottom of the tank may be
severely corroded and develop a leak or sudden rupture.
3) Overfill of a
tank during a delivery, may be caused due to the lack of an inexpensive vent
whistle, which acts as an overfill alarm.
4) Tank rupture
during a delivery, caused by a restriction in the vent line due to a clogged
vent screen.
5) Vent and fill
pipes are constructed of PVC rather than steel. PVC joints may become
disconnected during a delivery.
6) An abandoned
fill line (with tank removed) is filled with 0i1 by the oil distributor, filling
the basement with fuel oil.
Inspection
of a buried tank and fuel lines will be almost impossible to perform visually.
Replacement of any tank and lines that are underground and over 20 years of age
is highly recommended and is a wise investment for homeowners in the long run.
Precision testing of tanks and lines is available, but may prove to be costly
for the average homeowner.
Parts of the
above article were excerpted
front "Environmental
Perspective," conducted
by Mary Kadlecek for DEC’s
The Conservationist. September-October 1989.
Additional
Information
The
spiller (responsible party) is required by law to report the spill to DEC and
appropriate local and federal authorities.
When
notified of a spill, trained DEC responders, on duty around the clock, go to the
scene to assess the danger to the environment and public health, ensure that the
spill is effectively controlled and identify the responsible party.
DEC may
assist local agencies in containing the spill using makeshift barriers and
absorbent materials to temporarily contain the liquids until cleanup.
The
spiller is responsible for cleaning up the spill. DEC oversees cleanup to make
sure that the spiller removes the danger to the environment and public health.
DEC may use private standby contractors to clean up
spills if:
·
The
spiller is unknown, uncooperative or unable to carry out cleanup work or to hire
professional cleanup work, or
·
the
locality does not have the capability nor the resources for clean up.
Spiller
liability is legally enforceable. DEC can require the responsible party to clean
up the spilled materials. If a DEC standby contractor performs the remedial
work, DEC uses the law to recover costs. DEC can also use the law to impose
fines and penalties on responsible parties.
To report a spill, call the DEC Spill Hotline Number
1-800-457-7362.
Professional Home Inspection Service
1278 Vestal Avenue
Binghamton, New York 13903
office@professionalhome.com