Is It Safe to Leave an Abandoned Oil Tank in the Ground in NJ?

You bought a house, or you have lived in one for years, and you learn there is an old oil tank somewhere under the yard. It was disconnected long ago. Is it safe to leave it?

The honest answer has two parts.

What the rules say

The NJDEP treats residential heating oil tanks as “unregulated heating oil tank systems.” According to its homeowner FAQ, if there is no indication of a discharge, there is no state requirement that the tank be removed. So leaving a tank that has not leaked is not against the rules.

The same page notes that real estate professionals often recommend removal when a home is sold. That is about what buyers and their attorneys are comfortable with, not a state requirement.

What the rules do not say

They do not say the tank is safe. The NJDEP states that a tank abandoned in place by a certified contractor, with all permits, is not a guarantee that it did not leak. The department says it is aware of many cases where such a tank was later removed and contamination was found.

A steel tank in damp soil corrodes. Time works against it. If it still contains oil or water, that matters too.

Questions to ask before deciding

• Was it properly abandoned? Is there a permit or paperwork from the municipality? The state suggests asking your municipality for records of permits through an Open Public Records Act request.
• Do you see any leak signs? Check the list in Signs Your Heating Oil Tank May Be Leaking.
• Are you selling soon? A buyer’s attorney may ask for removal or proof of the tank’s condition.
• Is it near a well, a foundation or a property line? The closer it is, the more any leak matters.

Your options

Leave it and keep records. Have it removed by a closure-certified firm, which will inspect the tank and the soil as part of the job. If a discharge is discovered, the state must be notified and cleanup is required.

If you do not know where it is

You cannot decide about a tank you cannot find. A sweep locates it. If the result is unclear, an exploratory dig identifies it.

Oil Tank Scan NJ works across New Jersey. Call 732-673-1584.