What Homeowners With Heating Oil Tanks Should Know
The New Jersey Department of Environmental Protection has an Unregulated Heating Oil Tank Program (UHOT) and provides a Homeowner’s Guide to the Unregulated Heating Oil Tank Program on their website.
As per the NJDEP website - The Unregulated Heating Oil Tank Program allows pre-qualified environmental professionals to investigate and remediate certain low risk unregulated heating oil tanks, including residential fuel oil underground storage tanks, with limited DEP oversight subject to possible audit. Under the Unregulated Heating Oil Tank Program, DEP has established criteria for the pre-qualification of environmental professionals. The criteria have been designed to identify individuals whom, by virtue of education and experience, can be assumed to be sufficiently competent and trustworthy to participate in the Program.
A party remediating a qualifying Unregulated Heating Oil Tank may apply to the DEP for participation in the Program only after the remediation has been completed.
To obtain an NFA under the Program, a pre-qualified environmental professional or the homeowner shall submit the following to the DEP:
1. A completed Unregulated Heating Oil Tank Program Questionnaire.
2. A “Certification Statement,” signed by the remediating party, stating that they have personally examined and are familiar with the information submitted therein and all attached documents. A "Certified Statement" must also be signed by the pre-qualified environmental professional stating that all work performed up to the date of the submission has been conducted under the direct on-site supervision and oversight of the pre-qualified environmental professional and was performed in compliance with the Technical Requirements and other applicable standards, and that the property or AOC meets the eligibility criteria for the Program.
3. A non-refundable certified check in the amount of $400, payable to the “Treasurer, State of New Jersey”
4. A copy of all appropriate Remediation Documents prepared in accordance with the reporting requirements contained in Technical Requirements for Site Remediation (N.J.A.C. 7:26E)
Please note: The Program will accept sites (cases) which undergo all aspects of remediation (soil and ground water) on Unregulated Heating Oil Tanks with certain exceptions listed at: http://www.nj.gov/dep/srp/unregulatedtanks/uhot_guidance.htm#excluded.
The Law Office of Christopher D. Hopkins LLC believe homeowners should seek legal advice from an environmental attorney who has substantial experience in these matters. The Law Office of Christopher D. Hopkins LLC has significant experience with USTs and remediation . Please contact us to discuss your project.
About The Law Office of Christopher D. Hopkins, LLC
The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.
The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076