Common Questions Asked in Regard
To Fuel Oil Tanks
State of Connecticut Amnesty Program-Answers
1. What does the law say when a tank must be replaced?
At present, there are no laws regulating the life span of a "Residential Oil
Tank". Commercial properties with underground storage over 2100 gallons capacity were
given a life span of 20 years for existing tanks by Federal and State law. New tanks
"life span" is regulated according to construction materials and the use of
cathodic protection.
2. Is there a problem of tanks leaking in Darien?
Yes, Darien's soil has a large percentage of heavy clay. There is also high electrolysis
in the soil. Both of these factors cause rusting of the metal.
3. When should I consider replacing my tank?
If your tank is more than 15 years old, consideration should be given to replacing it.
Also, if the tank is a 275 gallon tank, no matter what age, you should remove it.
4. Are there special tank that are causing problems?
Yes, many 275 gallon tanks that were approved for aboveground use were installed
underground in the late 1940's early 1950's. These tanks are the biggest problem at this
time. Other, older tanks of larger sizes are also beginning to leak.
5. What happens when a tank or oil line leaks?
With the high water table in Darien, the oil goes down to the top of the water
and then spreads. It enters wells, brooks, streams, and other waterways, and also comes
through building foundations.
6. What if the tank has leaked or if there is other contamination?
The removal and clean-up of the contaminated soil is under laws and regulations
of the State Department of Environmental Protection
(D.E.P.) Homeowners, contractors, suppliers, or the Fire Marshals are required by State
Law to notify the State D.E.P. of any leak or spill.
7. What do I need to do to replace my tank?
New residential tanks must be installed with a permit and inspection from the
Building Department. All commercial installations require a permit from the Fire Marshal's
Office. Tanks can be installed: a) inside of buildings; b)aboveground by code regulations
and approved construction materials. New installations will not be approved until the old
tank is removed or properly abandoned and accepted by the Fire Marshal's Office.
8. Who can do the tank installations?
A licensed plumber must do the installations.
9. If I have a new tank installed, what must I do with the old one?
There are two options - both require a permit from the Fire Marshal's Office:
A. Have the old tank removed from the ground
and properly disposed of by a contractor, this also entails have the tank pumped out and
completely cleaned out, as well as having the soil tested by a Connecticut certified
Laboratory and results given to the Fire Marshal's Office for approval.
B. Have the tank legally abandoned by a
contractor which entails the following:
1.The tank must be uncovered, cut open, pumped out, and cleaned completely and all piping
must be removed.
2. A soil sample must be taken and tested by a Connecticut certified laboratory and
results given to the Fire Marshal's office for approval.
3. If the test results are acceptable, then the tank may be abandoned by filling the tank
with an inert material; either sand or a 1500# slurry concrete mix. There is also the
option of have the tank filled with approved foam. THIS METHOD MUST BE APPROVED BY THE
FIRE MARSHAL'S OFFICE PRIOR TO BEING DONE.
4. If the test results come back and show unacceptable levels of contamination, then the
tank must be removed from the ground, and all contaminated soil must also be removed with
it.
10. Is there a permit required for tank removals or abandonment?
Yes, as of FEBRUARY 5, 1995, all removals or abandonment are to be done with a
permit through the Fire Marshal's Office. If possible, we may inspect the removal. Please
see fee schedule page.
11. What type of tanks may be installed underground?
Fiberglass tanks or steel tanks with cathode protection are permitted to be
installed according to code requirements. Again, all new tanks are required to have
permits and inspections by the Fire Marshal's Office or Building Department.
12. How do I know how old my oil tank is?
If your residential oil tank was installed between July 1980 and November 1994,
and a permit was taken out for installations, there is a record of it in the Fire
Marshal's Office. If it was installed after November 1994, then it is on record in the
Building Department.
13 The State of Connecticut Amnesty Program what is it?
Public Act 99-269
Substitute House Bill 6641
AN ACT
CONCERNING AN AMNESTY PROGRAM FOR REMOVAL OF HOME HEATING OIL TANKS
This act establishes a three-year amnesty program during which people who remove or replace underground storage tanks at certain residential buildings and properly inform the DEP are exempt from civil liability to the state for spills associated with those tanks. It allows residential UST owners to recover remediation costs associated with their tanks from the UST clean-up account (up to $50,000), but only if they use DEP-registered contractors. The act establishes a DEP registry for such contractors and requires them to pay a fee and provide certain minimum financial assurances.
It requires registered contractors to notify DEP if they estimate the remediation activities will exceed $5,000. It authorizes the UST account board to reject costs in excess of $5,000 at its discretion if the contractor did not notify DEP and prevents contractors from seeking to recover rejected costs from the tank owner. NOTE: $2 million is made available in bond funds to run this program.
The act requires DEP to report to the Environment Committee by January 1, 2000 and annually thereafter until January 1, 2003 on the amnesty program's use and the state's remediation liability resulting from the program.
Effective date: July 1, 1999
