Underground Storage Tanks

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

Environmental Due Diligence, oil spills, Underground Storage Tanks /

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

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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NJ Court Remands Recission of NFA Letter

Brownfields, Underground Storage Tanks /

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

consultant malpractice, Environmental Due Diligence, Navigation Law, oil spills, Underground Storage 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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