USTs

NYSDEC Adopts Revised Petroleum and Hazardous Substance Bulk Storage Regulations

oil spills, Underground Storage Tanks /

The New York State Department of Environmental Conservation (NYSDEC) has made extensive changes to its regulations pertaining to the handling and storage of petroleum and hazardous substances. Specificially, the revisions were made to the Petroleum Bulk Storage (PBS) regulations (6 NYCRR Parts 612-614), the Chemical Bulk Storage regulations (6 NYCRR Parts 596-599), the Used Oil […]

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NYSDEC Proposes Changes to Petroleum and Hazardous Substance Storage Tank Regs

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

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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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 /

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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EPA Guidelines on Building Debris and Demolition Following Natural Disaster

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

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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Helpful Federal Resources for Homeowners and Businesses Damaged By Sandy

asbestos, common law, Environmental Due Diligence, Hazardous Waste, Mold, oil spills /

The federal Department of Housing and Urban Development (HUD)  Office of Policy Development and Research (PD&R) has prepared a number of guides, brochures, reports and other resources to assist contractors and homeowners with flood-damaged homes and buildings. Following are links to some of these resources: Rehabbing Flooded Homes: A Guide for Builders and Contractors – This

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California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification

common law, Corporate and Real Estate Transactions, Environmental Due Diligence, oil spills, Underground Storage Tanks /

Anyone who has negotiated the purchase of a gas station is aware that these agreements are incredibly complex. The contracts have dense definitions, dependent and inter-related provisions, and grant broad discretion to the sellers in determining the scope and conduct of the cleanup. A buyer who does not retain an environmental attorney who has previously

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

Navigation Law, oil spills, Underground Storage Tanks /

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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New Damages Trial Ordered For Vapor Intrusion

oil spills, Underground Storage Tanks /

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 Ct Upholds Oil Spill Lien Procedures

oil spills, Underground Storage Tanks /

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

Brownfields, Corporate and Real Estate Transactions, oil spills, Underground Storage Tanks /

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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