Underground Storage Tanks

NYSDEC Proposes Changes to Petroleum and Hazardous Substance Storage Tank Regs

Corporate and Real Estate Transactions, Navigation Law, oil spills, Underground Storage Tanks / By

During the summer, NYSDEC issued draft revised regulations to its Petroleum Bulk Storage (PBS), the Major Oil Storage Facility (MOSF) program and the Chemical Bulk Storage (CBS) program. The revisions are intended to make the PBS and CBS regulations consistent with the federal underground storage (UST) regulations codified at 40 CFR Part 280 so that […]

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Ct Allows Claim Agst Consultant For Missing Contamination at Lowe’s Site To Proceed

Brownfields, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, environmental insurance, oil spills, Underground Storage Tanks / By

Some time ago, we discussed the $14MM lawsuit filed by Lowe’s Home Centers  against a consultant. Lowe’s alleged  that the consultant failed to identify all areas that had been contaminated with PCBs and the store opening was delayed because of complications associated with the previously unknown PCB-contaminated soil was improperly disposed. The matter eventually settled Another

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NJ Shopping Center Owner Waits Too Long to Bring Spill Act Claim

Corporate and Real Estate Transactions, Environmental Due Diligence, NJ Spill Act, oil spills, Underground Storage Tanks / By

Commercial property owners and asset multi-family buildings usually retain property managers firms to handle the daily operations of properties ranging from leasing, record-keeping, routine maintenance and emergency repairs. We previously discussed on how the importance of property managers understanding environmental issues, particularly the nuances of the requirements heating oil tanks for multi-family buildings. A recent New

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Ct Allows Environmental Escrow Claim Agst FDIC To Proceed

Brownfields, Corporate and Real Estate Transactions, Lender Liability, Underground Storage Tanks / By

What happens to a remediation escrow account when the funds are deposited in a bank that is subsequently closed and Federal Deposit Insurance Corp (FDIC) is appointed as a receiver? Some of the issues that need to be considered are illustrated in Kuruvilla Edukutharayil v. FDIC, 2013 U.S. Dist. LEXIS 8840 (N.D.Ill. 1/23/13). In this

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Landlord Liable For NYSDEC Costs Responding to Vapors at Off-Site Properties

MTBE, Navigation Law, oil spills, Underground Storage Tanks, vapor intrusion / By

A property owner was found liable under the New York Navigation Law for cleanup costs incurred by the New York State Department of Environmental Conservation (NYSDEC)responding to gasoline fumes that had migrated a quarter of a mile from the gas station. While the vast majority of the state’s costs were associated with the cleanup of

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NYC OER Issuing Comfort Letters To Facilitate Real Estate Transactions

Brownfields, Environmental Due Diligence, Lender Liability, Navigation Law, New York Brownfield Cleanup Program, NYC OER, Underground Storage Tanks, vapor intrusion / By

EPA and some state environmental agencies may occasionally issue “comfort letters” to facilitate a particular brownfield project to assuage concerns of developers or lenders about their potential liability. However, regulators have made it clear that they do not have the resources to review conclusions in phase 1 or phase 2 reports generated during routine real

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NYSDEC To Receive Full Delegation from EPA for RCRA Program

Hazardous Waste, Navigation Law, oil spills, Underground Storage Tanks / By

EPA proposed to approve final authorization to the New York Department of Environmental Conservation (NYSDEC) to administer the state hazardous waste program in lieu of the federal RCRA program. 78 FR 15299 (3/11/13). The authorization will become effective on May 10, 2013 unless EPA receives adverse written comment by April 10, 2013. The NYSDEC hazardous

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1600 Homes Suffered Oil Spills Following Superstorm Sandy

environmental insurance, Navigation Law, oil spills, Underground Storage Tanks / By

According to representatives of the New York State Department of Environmental Conservation (NYSDEC), approximately 1600 residential properties suffered oil spills following Superstorm Sandy. Most of the spills were the result of damaged heating oil tanks. More than 3000 oil spills were reported following Sandy for all categories of properties. NYSDEC performed emergency response such as

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EPA Guidelines on Building Debris and Demolition Following Natural Disaster

asbestos, common law, Hazardous Waste, Mold, oil spills, Underground Storage Tanks / By

Cleanup activities related to homes and businesses damaged by hurricanes or other natural disasters can pose significant health and environmental challenges. Immediate and life-threatening conditions may arise from  leaking natural gas lines, and carbon monoxide poisoning from using un-vented fuel-burning equipment indoors. However, there are other serious hazards that are not immediately life threatening but

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Trio of NJ Cases Are Cautionary Tales For Home Heating Oil Tanks

NJ Spill Act, Underground Storage Tanks / By

We have previously discussed the risks posed by residential heating oil tanks in a number of posts covering cases in New York , New Jersey , Oregon, Washington, Mass and Canada. Three recent cases in New Jerseyall involve claims of inadequate disclosure of heating oil illustrate. In Dalton v Shanna Lynn Corp., 2012 N.J. Super. Unpub. LEXIS 874 (App. Div. 4/19/12)

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