Underground Storage Tanks

NY Ct Says Former Tenant Liable For Abandoned Tanks As Trade Fixtures

Federal and state underground storage tank (UST) programs impose closure obligations on the owners or operators of USTs that are taken out of service. If the tanks are to be inactive for a short period of time (the time period varies depending on the state), the tanks must comply with temporary closure requirements. Owners or …

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Tenant Not Liable For Inactive UST Shared With Adjacent Property

We have discussed in prior posts that New York courts have broadly construed the definition of a “discharger” under the New York Navigation Law. Even owners of property with inactive underground storage tanks (USTs) have been held liable as “dischargers” despite the fact they may have not known about the tank much less exercised any …

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New Damages Trial Ordered For Vapor Intrusion

In Sunrise Harbor Realty LLC v 35th Sunrise Corp, 2011 N.Y. App. Div. LEXIS 5834 (App. Div-2nd Dept 7/12/11), the plaintiff owned a commercial building in Copiague, New York. The plaintiff contemplated purchasing the adjacent property that contained a gas station to expand its building. A phase 2 detected petroleum-contaminated groundwater migrating onto the plaintiff …

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NY State Court Affirms Broad Liability for Owners of Property With Old USTs

Article 12 of the New York State Navigation Law imposes strict liability on “dischargers” of petroleum. The term “discharger” has been broadly construed so that it can encompass owners of property with abandoned or inactive underground storage tanks (USTs) even where the owners never used the tanks. A recent New York State appeals court illustrates …

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NY Ct Upholds Oil Spill Lien Procedures

Under article 12 of the New York State Navigation Law (Oil Spill Act), “dischargers” of petroleum are strictly liable for cleanup and removal of petroleum spills. To ensure that petroleum spills are promptly remediated, the Oil Spill Act created the State Environmental Protection and Spill Compensation Fund (Oil Spill Fund) to finance state cleanups when …

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Court Allows Claims To Proceed Despite NFA Letter

No Further Action (NFA) letters have become an important tool in transactions involving contaminated properties. Contracting party often use issuance of an NFA letter has the mechanism for establishing that a party has satisfied its obligations under an agreement. Issuance of an NFA letter often also operates as a release of statutory liability and may …

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NJ Court Remands Recission of NFA Letter

A New Jerseyappellate division court ruled that a property owner is entitled to have an administrative hearing regarding the rescission of a no further action (NFA) letter by the New Jersey Department of Environmental Protection (NJDEP). In the Matter of Crompton Colors, Inc., No. A-0778-09T1 (App. Div. 10/27/11) In this case, Hartz Mountain Industries acquired …

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The Importance of Hiring an Environmental Consultant For Leaking NYC Heating Oil Tanks

Most buildings in New York City have fuel oil-fired burners to supply heat and hot water. The heating oil can range from #2 oil which is similar to diesel fuel to #6 fuel oil which is heavy and thick. Buildings typically store the fuel in storage tanks located in basements or beneath the sidewalk. The tanks …

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