First Things First, Are They Regulated?

The short answer is no, home heating oil USTs are not regulated by the state. They are considered non-regulated, non-commercial USTs that are exempt for technical regulations that would otherwise apply to regulated USTs, such as those found at a gas station. The state does advise that tanks be emptied when they are no longer active, and if you are attempting to sell a property it is often a good idea to remove a known tank from the subsurface so no potential hazards are left unchecked. If soil or groundwater contamination has resulted from a spill or leak from the tank, then certain regulations DO apply (see below).   

 How Do I Know If I Have a Tank?

Many potential property buyers as well as current property owners are uncertain whether a tank exists on their property. If there is a concern that a tank is present, but no idea where it might be, one approach to locating it is through the use of a geophysical survey. Geophysical surveys are tools that allow a geoscientist to image what is underground without invasive testing such as drilling or digging. For heating oil tanks, a common approach is to scan a property using an advanced type of metal detector (electromagnetics), and look for metallic anomalies. These anomalies are then investigated with a second geophysical method, ground penetrating radar (GPR), which can show whether the metal anomaly is an actual tank, or just metallic debris buried underground. GPR will also provide an estimate on the size and depth of the tank.

What If There Is Contamination?

If contamination of soil or groundwater is evident, then certain regulations DO apply to home heating oil tanks. Specifically, signs of a spill, leak, or stained soil may indicate that a release has occurred. If this is the case, the North Carolina Division of Waste Management must be notified, and steps must be taken to remediate the contamination.

The statutory tank owner is responsible for cleaning up the site. "Who the statutory tank owner is depends upon when the tank was last used. If it was last used before November 8, 1984, then the last party who used that UST is considered the tank owner (even if that party no longer owns the property.) However, if that tank was used on or after November 8, 1984, anyone that owned the tank would be considered the tank owner even if that person never used it." (from www.ncdenr.org)    

Click Above For a Link to the NCDENR Brochure on Home Heating Oil Tanks

Who Pays For The Cleanup?

The owner (see above) is responsible for payment, however, there are assistance programs funded by the state that can potentially provide the owner with funds or repayment of funds. Specifically, North Carolina has a Non-commercial Leaking Petroleum UST Cleanup Fund that will compensate up to $1 million for direct cleanup costs, with the exception of attorney's fees, removal costs, and other work not associated with the cleanup. A deductible may apply, and above ground tanks are not included in this program.