All Forum Posts by: Lawrence P. Schnapf

there is alot we dont know. the earth's atmosphere is very complex with lots of feedback mechanisms. when i studied geology in college the concern was indeed climate cooling. that being said, temps should warm up in Canada :)

To borrow from Yogi Berra, "It's hard to make predictions, especially about the future."  Precise predictions about climate change are a fool's errand and the height of arrogance to think we can accurately predict the year when we reach the point of no return (and I'm an environmental lawyer). 

Human beings will adapt and figure out a way to make money on real estate.   

 this type of property has environmental compliance issues that are not normally picked up by standard phase 1 (e.g., are the tanks properly registered, is the leak detection system properly operating, who has responsibility for financial assurance, who is operator of the tanks, if tenant, is there an indemnity in the lease, etc.) 

with on-site fueling, you should do environmental due diligence to determine if the tanks are in compliance with current requirements, if there is history of leaks and who will be responsible for complying with financial assurance requirements...among other issues

If the work is financed through PACE, a lien could be placed on the property until the work is paid off. you need to review the terms. 

@michael jones- you are comparing a superfund or disposal site where the cleanup can certainly be in the tens of millions of dollars against a home with a heating oil tank. is it possible the home was built on an old dump? sure. but that is not what she is confronting and it does no good to unnecessarily scare her. 

I've been an environmental lawyer for over 35 years and have encountered only one home tank that exceeded $100K and that was an extraordinary situation where there was pressurized piping with a diesel tank and where the consultant committed fraud by over-excavating the site. most home heating oil tanks will range from $10K to $20K with costs approaching $50K-100K where groundwater is impacted and used for drinking purposes.   

@michael Jones "millions" is a gross exaggeration for a home heating oil tank.

depends on the size of the tank, how long it has leaked and the kind of oil (e.g., no. 6 or diesel)

is the tank full of oil or water? there is a paste that can be put on the probe which will change color if there is water in the tank. if the tank is full of oil, it probably means it has not leaked....depending on when it was last used. find out when the last oil delivery was and if seller is still using the tank.  

I'm am environmental lawyer and while not admitted in Wisconsin, the following may be helpful: 

1. Home Heating Oil tanks are not regulated (e.g., required to have permit) 

2. Wisconsin has a real estate condition report form that is supposed to be prepared by the seller. Question C8 specifically asks about petroleum storage tanks.

3. If you are under contract, you should have tank tested to see if it has leaked. collect soil samples around tank. see if tank as water in it. you can use that as a basis to establish an escrow or holdback (usually 125% of the estimate to play it safe.) 

4.  Wisconsin requires sellers to provide property disclosure report. storage tanks are included in the form. A buyer who does not receive a fully completed copy of this report within 10 days after the acceptance of the contract of sale or option contract for the above-described real property has the right to rescind that contract.

5. If the seller did not disclose the existence of the tank, you might have a claim for misrepresentation or fraud.

The costs to address tanks depends on the extent of any contamination, if present. there can be limited surficial soil contamination from overfills or there can be subsurface contamination if the tank was leaking. Fortunately, heating oil tends to be denser than gasoline so that it will not migrate too far. 

since these tanks are not regulated, you are not REQUIRED to take the tank through formal closure. You could in theory simple fill it with sand. However,  if you plan to sell the property in the near future, you probably want to engage an environmental consultant so you can get closure letter from the state that would satisfy a future buyer. 

there are "war stories" about bad situations and some people claim that you cant get a mortgage with a UST. These generalized statements should not scare you. each situation is different. 

The foregoing is not legal advice. you should consultant with a local attorney if you want specific legal advice.