How New York Handles Home Heating Oil Tanks
Most New York home heating oil tanks sit outside the state's tank registration rules. The NYSDEC homeowner guide says most home tanks are not regulated by the Petroleum Bulk Storage (PBS) rules because they hold less than 1,100 gallons. Federal UST rules do not apply either, since 40 CFR 280.12 excludes tanks that store heating oil for use on the premises. County rules can differ. The guide says some delegated counties have rules that do apply to smaller tanks, and it tells homeowners in Nassau, Suffolk and Westchester to ask the county health department. NYSDEC's petroleum tank regulations summary also lists Cortland County as running its own program. Its advice on hiring is practical: get written estimates from several contractors or your oil company, check references, and sign a contract listing the services before work begins.
NYSDEC lists closing a tank in place as an option if certain measures are taken, but it calls removal the best choice. Removal lets the soil be checked for contamination and avoids a sinkhole later if an abandoned tank collapses. Whichever route you pick, the NYSDEC homeowner guide says state law requires the tank to be emptied, cleaned and purged of all vapors. For a removal, the vent and fill lines must also be removed, or the fill line capped with concrete. For a tank closed in place, meaning filled with an inert material such as sand, the vent lines must remain open and intact and the fill line must be capped or removed. In New York City, FDNY rules add licensing and affidavit requirements for any tank closure.
The NYSDEC homeowner guide puts removal of an underground home heating oil tank at $1,000 to $5,000, depending on its size, condition and access. Cleanup after a leak is the larger exposure. NYSDEC's homeowner cleanup page says that under New York law the owner of the tank a release came from is considered the discharger, and that a discharger is strictly liable for any resulting damage under Navigation Law section 181.1. If a discharger fails to clean up significant impacts, the same page says DEC may finish the cleanup and sue to recover its costs. NYSDEC also warns that many homeowner policies carry a pollution exclusion clause, so check your coverage before any digging starts. Our removal cost guide covers national price ranges and what moves them.
A petroleum spill found during the work must be reported to the NYS Spill Hotline at 1-800-457-7362 within two hours of discovery. The NYSDEC spill FAQ says the responsible party or the property owner must report, and that many rules also put that burden on contractors or anyone with knowledge. The homeowner guide lists signs of contamination: a damaged tank or pipe, stained or strongly smelling soil, a sheen on groundwater, or test results. It recommends sampling when the tank sits near a well, drinking water supply, wetland, pond or stream, and suggests asking each contractor whether it can do an environmental assessment. Keep the contract, disposal records and any lab results for the day you sell. Compare firms at New York tank removal contractors or request a quote.