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New Jersey Underground Storage Tank (UST) Matters

New Jersey businesses with underground storage tanks should maintain compliance through proper inspections, recordkeeping, release reporting, and proactive planning. Early legal and technical guidance can reduce environmental liability and help resolve UST issues more efficiently.

Introduction

Underground storage tanks are subject to extensive federal and New Jersey environmental regulations. Businesses that own, operate, purchase, or decommission properties with USTs must understand their compliance obligations, reporting requirements, inspection procedures, and potential environmental liabilities. Addressing UST issues proactively helps reduce regulatory risk, protect property transactions, and avoid costly remediation delays.

UST matters frequently arise during commercial real estate transactions, facility expansions, operational changes, and environmental due diligence. Early coordination between property owners, environmental consultants, and legal counsel can improve planning and reduce uncertainty.

Understanding UST Compliance

UST regulations may require registration, leak detection, testing, inspections, recordkeeping, release reporting, corrective actions, and closure procedures. Requirements vary depending on the type of tank, its contents, operational status, and applicable regulations. Businesses should periodically review compliance obligations and ensure documentation remains complete and current.

Commercial property acquisitions should also include environmental due diligence to identify existing or historical USTs and evaluate potential environmental risks before closing.

Managing Environmental Risk

A comprehensive UST compliance strategy includes routine inspections, organized records, employee training, preventive maintenance, environmental audits, and planning for tank upgrades or closures. When releases occur, prompt investigation, reporting, and coordination with qualified environmental professionals are essential for managing regulatory obligations and minimizing business disruption.

Common Misconceptions

Many businesses believe UST obligations end once a tank is no longer in service. In reality, inactive or aging tanks may continue to create regulatory obligations, environmental risk, and potential liability until they are properly addressed.

Key Takeaways

  • Identify UST compliance obligations early.
  • Maintain complete inspection and maintenance records.
  • Respond promptly to suspected releases.
  • Plan carefully for tank closures and property transactions.
  • Coordinate legal counsel with environmental consultants.
  • Conduct periodic compliance reviews to reduce regulatory risk.

When Should You Contact an Attorney?

Environmental counsel should be involved when purchasing property with USTs, responding to releases, planning tank closures, addressing NJDEP compliance issues, negotiating environmental liability, or managing remediation and enforcement matters.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze represents commercial property owners, industrial businesses, developers, and investors throughout New Jersey in UST compliance, petroleum release matters, environmental remediation, regulatory counseling, and environmental transactions.

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