Search Site
Menu

Underground storage tank leaks may lead to development delays and costly clean-ups

Earlier this month, multiple sources reported an oil leak at a redevelopment site in Haddonfield, New Jersey. According to the Borough of Haddonfield’s press release dated January 6, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) conducted a site visit to a property that is currently in the process of redevelopment. The NJDEP informed the Borough immediately and stated that the leak was likely due to the excavation of an underground storage tank (“UST”) that occurred in late December. The excavation was conducted as part of the redeveloper’s due diligence period. The redeveloper is working on a remediation plan in accordance with NJDEP regulations. At this time, it is unclear what, if any, the environmental impacts of the leak are. The NJDEP is still actively investigating the situation.

New Jersey law generally categorizes USTs into two categories, “unregulated” and “regulated,” for which different regulations apply. USTs are divided into these categories depending on the substance they hold, their size, and their use. Many of these regulations require that any installation or removal of, or work done on, a UST must be done either by or under the direct supervision of a licensed professional. (N.J.A.C. 7:14B et seq.) This is because UST leaks can have major environmental impacts, including threats to drinking water and other public health risks. Contaminants can also damage the property where the leak occurs as well as seep to neighboring properties, contaminating them as well. If an individual discovers a UST leak and/or contamination on their property, it is mandatory to report these findings to the NJDEP.

These leaks can also lead to costly remediation projects, even for those not at fault for the contamination. Remediation is often needed before development of a property may proceed. Buyers of both residential and commercial properties should be sure to use the due diligence period provided during the purchase process to take appropriate action to determine the existence, if any, of USTs on the property they are seeking to purchase. The NJDEP also provides financial assistance and grant programs for certain qualifying individuals performing site remediation due to UST leaks. For more information on these financial assistance programs, visit https://www.nj.gov/dep/srp/finance/.

Sources:

Borough of Haddonfield Press Release
https://patch.com/new-jersey/haddon/oil-leak-reported-former-bancroft-property-haddonfield
https://www.njpen.com/njdep-investigates-oil-leak-at-former-bancroft-site-in-haddonfield/
https://www.nj.gov/dep/srp/bust/epact.htm

Our Attorneys

Recent Twitter Posts

  • New Jersey sets emergency water standards for new chemicals. https://t.co/trgaaLL1mD
    8 months ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases? https://t.co/dhVLALyzZ2
    8 months ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    8 months ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    9 months ago

Recent Blog Posts

Appellate Division applies rarely used equitable doctrine to preserve HOA

The Superior Court of New Jersey’s Appellate Division recently found that sums owed by a bank to a Homeowners’ Association (HOA) after the bank acquired a portion of a residential
Read More
Appellate Division applies rarely used equitable doctrine to preserve HOA

Screening for Criminal Record may lead to Fair Housing Act violation

A recent memo by the US Department of Housing and Urban Development (HUD) appears to lay the basis for a Fair Housing Act (the “Act”) complaint for discrimination in situations
Read More
Screening for Criminal Record may lead to Fair Housing Act violation

LBS Sues New Jersey Department of Transportation for Stormwater Easement in Cedar Grove

Lieberman Blecher & Sinkevich is proud to represent Carolyn O’Connell in her lawsuit against the New Jersey Department of Transportation (NJDOT), for the damage caused to her property by a
Read More
LBS Sues New Jersey Department of Transportation for Stormwater Easement in Cedar Grove

Religious Services Not Residential Uses, Appellate Division Holds

Weekly religious services, religious education programs, paid lunches and cooking classes are not residential activities within the meaning of a “residential use,” the Appellate Division held recently. In Welch v. Chai
Read More
Religious Services Not Residential Uses, Appellate Division Holds

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form