One of the most common types of environmental liability is a leaking underground storage tank (UST). UST's are not only found at gas stations, but commonly occur on farms, commercial/industrial property and private residences. Even a leaking home heating oil tank can result in a clean-up costing more than $5,000.
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Remediation of Contaminated Sites
Requests for the inspection and/or removal of Home Heating Oil Tanks in our area have been increasing. This is due in part to three factors:
- Inspections required by lenders and/or purchasers of real estate in our area
- The conversion of oil fired furnaces to Natural Gas as it becomes available in more urban areas.
- The increasing age and subsequent deterioration of bare steel tanks installed in the 60's and 70's. This is usually evidenced by water in the fuel or an observed leak.
In that light, SES provides technical advice on the condition of such tanks and subsequent requirements for the removal and disposal of contaminated soils.
The Virginia Petroleum Storage Tank Fund (VPSTF) was created to assist landowners in Virginia with the expenses associated with the clean-up of petroleum contamination from Underground Storage Tanks (UST). Every land owner in Virginia has access to the fund as it is funded from a portion of the gasoline tax collected at the pump.
The fund requires that the Department of Environmental Quality (DEQ) be notified within 24 hours of the confirmation of a leak. After that, all work associated with determining the extent of the problem and the necessary clean-up is pre-approved by The State. As each phase of the clean-up is completed, a claim to the VPSTF can be made for reimbursement of the costs incurred in the clean-up. Typically, the landowner is responsible for a small deductible. Then, the rest of the clean-up is generally covered by the VPSTF. The amount of this deductible can be confirmed by The State prior to work beginning.
Payment terms are negotiated on a case by case basis. Where Real Estate Transactions are imminent, payment for all services is typically made from settlement funds. We understand that some clients are unable to pay the full amount until reimbursement from The State is received. In these case, the VPSTF reimbursement is assigned directly to SES. Typically, the deductible, all non-reimbursable charges and 15% - 25% of the reimbursable charges are paid when work is complete. The balance of the charges are paid to SES directly from the VPSTF then SES refunds the client reimbursable amounts previously paid. SES agrees to do only work which is pre-authorized by VA DEQ and at rates less than or equal to the funds maximum allowable charge.
IT SHOULD BE EMPHASIZED THAT COSTS FOR REMOVING TANKS AND DISPOSING OF THEM ARE TYPICALLY NOT REIMBURSABLE EXPENSES.
More information on the remediation of contaminated sites
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In-place Underground Storage Tank
Assessment Procedures
(for exempt and unregulated UST's)
There are two methods typically employed to determine the integrity of underground storage tanks, the first being tightness testing and the second being an assessment of the soils and groundwater surrounding the tank. Since most of our clients who are purchasing residential properties and small farms are interested in determining whether or not there has been a leak from the tank in past and whether or not the "property is contaminated", we commonly recommend the second method. This better serves to determine whether or not there has been a release from the UST or if there has been contamination from over-filling or spillage.
Hand auger borings are excavated around the perimeter of the tank to a depth of at least eighteen inches below the measured bottom of the tank. The borings are continuously scanned with a photoionization detector to identify petroleum vapors. A soil sample is collected for TPH analyzation from the depth with the highest PID reading or from the bottom of the boring excavated at the fill end. If ground water is encountered, a properly collected water sample is collected for analyzation. This method is in accordance with the VA DEQ and the US EPA's regulations on "in place closure assessments".
Once collected, samples are packed on ice and transferred to one of our certified laboratory contractors for analysis. Results are usually available in three to five working days.
These assessments are not meant to provide conclusive evidence as to the future integrity of the system but to assess the potential for contamination of the property from previous leaks in the tank or spillage from over-filling. If information is desired as to the future integrity of the tank, we would recommend tightness testing or detailed inventory analysis in addition to the borings.
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What is a UST?
A UST is an Underground Storage Tank.
An underground storage tank is defined as any one or a combination of tanks that have 10% or more of their volume below the surface of the ground in which they are installed. This definition includes the tank, connected underground piping, underground ancillary equipment, and containment system.
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What is the VPSTF?
The VPSTF is the Virginia Petroleum Storage Tank Fund. This fund helps pay for the clean-up and removal of leaking storage tanks. Currently, a fee of one-fifth of one cent on each gallon of various motor and home heating fuels is imposed on dealers and suppliers of these fuels. The fees collected are deposited in the Fund to be used in cleaning up spills from leaking aboveground and underground petroleum tanks. When the balance in the Fund is likely to or has fallen below $3 million, the fee is increased to three-fifths of one cent per gallon, until the Fund reaches $6 million, whereupon the fee reverts to one-fifth of one cent.
To read more legal mumbo-jumbo about the Virginia Petroleum Storage Tank Fund, click on this link.
To read about the VRA Accelerated Virginia Petroleum Storage Tank Fund Payment Program, click on this link.
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What is TPH analyzation?
TPH (total petroleum hydrocarbons) analyzation is a method of environmental testing used to detect oils and greases within the soil. TPH analyzation is conducted by one of our certified laboratory contractors after we take the soil sample from your ground.
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What is a PID reading?
A PID reading is a result displayed by our Photoionization Detector. The Photionization Detector seeks out and identifies petroleum vapors.
The PID consists of a special UV lamp mounted on a thermostatted low volume flow-through cell. The temperature is adjustable from ambient to 250ºC. The 10.6 electron volt UV lamp emits energy at a wavelength of 120 nanometers, which is sufficient to ionize most aromatics ( benzene, toluene, xylene, etc. ) and many other molecules ( H2S, hexane, ethanol ) whose ionization potential is below 10.6 ev. Methanol and water, for instance, have ionization potentials greater than 10.6ev and do not respond on the PID.
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