As underground storage tank systems age, owners and operators should evaluate their condition, maintenance history, and compliance status. Proactive management can reduce the likelihood of releases, enforcement actions, and unexpected business expenses.

Why can aging USTs create environmental liability?

Older systems may be more susceptible to corrosion, equipment failures, or outdated components. If releases occur, businesses may face investigation, remediation, regulatory compliance, and potential contractual liability issues depending on the circumstances.

What should owners evaluate?

Review inspection records, leak detection systems, corrosion protection, maintenance history, registration status, prior releases, corrective actions, and whether upgrades or replacement should be considered as part of long-term asset planning.

How can businesses reduce liability?

Implement preventive maintenance programs, maintain complete compliance records, promptly address deficiencies, perform regular inspections, coordinate with qualified environmental professionals, and seek legal guidance when significant environmental issues arise.

Common misconceptions

An older underground storage tank is not automatically out of compliance or leaking. Regular inspections, maintenance, and proper operation can help extend system life while reducing environmental risk.

Key Takeaways

  • Monitor aging UST systems closely.
  • Maintain inspection and maintenance records.
  • Address equipment issues promptly.
  • Evaluate long-term replacement strategies.
  • Coordinate technical and legal compliance efforts.

When should you contact an attorney?

Consult an environmental attorney when purchasing property with aging USTs, responding to suspected releases, addressing NJDEP compliance issues, negotiating environmental liability, or planning significant system upgrades or closures.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze advises commercial property owners, industrial businesses, fuel distributors, developers, and other regulated entities throughout New Jersey on underground storage tank compliance, environmental liability, remediation, and NJDEP enforcement matters.