Is Oil Tank Removal Required in NJ?

This is the question we hear most. The answer from the state is more relaxed than most people expect, and the real-world answer is a little different.

What the state says

According to the NJDEP’s homeowner FAQ, heating oil tanks that serve residential buildings are considered unregulated heating oil tank systems. The program does not regulate how they operate, but it does oversee cleanup once a discharge is discovered. If there is no indication of a discharge, the department says there is no state requirement that the tank be removed.

What happens in real estate

The department adds that it is not uncommon for real estate or other professionals to recommend that a tank be removed in preparation for a sale. If a discharge is discovered when the tank is removed, cleanup is required.

In practice, buyers and lenders often want certainty, and a tank in the ground is uncertainty. That is why many sellers remove the tank, or at least test and document it.

Leaving a tank in place

Leaving a tank is allowed if it has not leaked. But the NJDEP says that abandoning a tank in place under a permit is no guarantee it did not leak, and it is aware of many cases where abandoned tanks were later removed and contamination was found. See Is It Safe to Leave an Abandoned Oil Tank in the Ground?.

Permits

For a tank that has been out of service a long time, the NJDEP says the Uniform Construction Code does not require a permit, but the department recommends obtaining one when available, and suggests asking your municipality.

If you do remove it

An underground tank must be removed by a closure-certified individual working for a closure-certified firm. See Who Can Remove an Underground Oil Tank in NJ?. For an above ground tank the rules are different. See Who Can Remove an Above Ground Oil Tank in NJ?.

Before you decide

First find out what you have. A sweep locates a buried tank and an exploratory dig identifies what it is. Call Oil Tank Scan NJ at 732-673-1584.