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Toxic NJ: The Hidden Liabilities of Hidden Oil Tanks
njtv ^

Posted on 12/09/2015 4:23:59 PM PST by Coleus

It’s caked in clay, but looks solid enough as the backhoe gently hoists Joan Fitzgerald’s 500-gallon fuel oil tank out of the ground and into the air and deposits it on her front lawn in Clifton. But back in the excavated hole, dark residue stains the dirt and the odor of petroleum is heavy above the pit. "I can smell it," she said. Environmental consultant Steve Rich chops at the clay. Underneath holes appear in the 66-year-old steel. Daylight shines through some that are as big as dimes. "I think, unfortunately, quite a bit of oil might have come out," Rich said.

"I don’t know if I can talk to you right now. I’m upset. I’ve been upset all week, and now this just puts the icing on the cake," Fitzgerald said. Her tank is only one of an estimated 100,000 fuel oil storage tanks buried underground across New Jersey. They range in size from a couple hundred gallons to monsters that hold thousands of gallons. Building inspector Earl Karlen says he sees things like this quite a bit. "Maybe 50 percent of the old tanks — they do have holes, they do leak. It had been in the ground a long time, that’s why."  Serious cases, where plumes of contamination ride groundwater channels far beyond the tank pits, require extreme excavation.  "It was pretty bad, as you can see," said Ken Lombardo, of Lombardo Environmental. "The house had to be put on piles and beams to remediate the soil."

He figures cleanup will run $200,000. Insurance might cover half. The DEP is notified whenever a critical level of contamination is detected. They get a technical report when it’s remediated. Homeowners then get a letter certifying that the cleanup is complete. They can’t sell the property without it, he says, because banks won’t offer mortgages on homes with underground oil tanks.  The grant money New Jersey set aside to help compensate homeowners for fuel oil tank removal can’t keep up with demand. There’s a waiting list with 1,700 names and the wait is four years long.

"Some are waiting it out," Rich said. "Some are walking away from their homes. They walk away from their homes. They just don’t have the equity in the property to ultimately clean or pay for remediation and get it cleaned up."  "They’re really like the Wild West. You know, you just have these tanks out there that invariably at some point in time that are going to leak," said environmental attorney Stu Lieberman.  Lieberman points to New Jersey’s 2005 Fuel Oil Tank Exclusion Policy. It lets insurers opt out of paying for damages from tank removal unless homeowners can prove that oil leaked before 2005.  "It’s a sin," he said. "It’s really a crime that the Division of Banking and Insurance allowed the insurance companies in New Jersey to stop covering these things."

"The upshot is that there are many homeowners that don’t have coverage, and don’t know that they don’t have coverage," Executive Vice President of the Fuel Merchants Association of New Jersey Eric DeGesero said.  New Jersey’s Fuel Merchants Association questions whether the lack of DEP oversight on oil tank removals is driving up costs — especially if an insurer’s picking up part of the bill to fix those oil leaks that occurred more than a decade ago.  "The costs just seem to be a lot more in the insurance world than they might otherwise need to be," DeGesero said.

"The cost that they sometimes incur for these remediations, it’s really a market driven process. That’s why the costs become so extensive in some cases," said Kenneth Kloo, NJ DEP site remediation project director.  The DEP says that regulations permit industrial cleanups to leave behind small amounts of contaminants in the soil. That isn’t the case for home sites, where banks and buyers demand much more stringent remediation standards.  "There’s no ability to obtain a permit to leave any contamination behind," Kloo said.

To help save cleanup costs, the DEP’s now considering a controversial fix: to relax some cleanup regulations for homeowner tanks of less than 2,000 gallons. Meanwhile, Senator Jennifer Beck is sponsoring legislation that would require insurance companies to start offering fuel oil tank liability policies to homeowners, again.  "If they don’t want it they have to sign and certify a letter back to the insurer that they don’t want it," she said. "Otherwise the homeowners’ insurance company must provide it automatically."  "Homeowners insurance was intended to be there for the structure and for your belongings inside. It wasn’t there to be a hazardous waste plan," Christopher Stark from the Insurance Council of NJ said.  The insurance lobby says those policy changes and oil tank exclusions were very clear, and that insurers do not want to walk it all back a decade later.           

"At the heart of this it’s an environmental issue," said Stark. "It’s an issue of maintenance, it’s an issue of warranty and it’s an issue of making sure that you’ve replaced these tanks."  Back in Clifton, Fitzgerald just heard that cleanup will cost $75,000 to remove 125 tons of contaminated dirt. However, she does say that she unwittingly made a mistake by converting to natural gas heat before she removed the oil tank — and that voided her insurance policy.  She says she doesn’t think State Farm’s going to help her pay for it? "I just don’t think they will," she said.  State Farm told NJTV News that they’re actively working with Fitzgerald on her claim. Across New Jersey underground storage tanks and contaminated soil from old gas stations and dry cleaners lurk underground. You might be living next to one and not even know it.

This story is part of Dirty Little Secrets, a series investigating New Jersey’s toxic legacy. Participating news partners include New Jersey Public Radio/WNYC, WHYY, NJTV, NJ Spotlight, Jersey Shore Hurricane News, WBGO, New Brunswick Today and the Rutgers Department of Journalism and Media Studies. The collaboration is facilitated by The Center for Investigative Reporting, with help from the Center for Cooperative Media at Montclair State.

Follow @FlanaganNJTV  

Follow @NJTVNews


TOPICS: Local News; Reference
KEYWORDS: nj; oil; oiltanks; pollution; soil; storagetanks; toxicnj; ugst
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it's a shame all the quotes and apostrophes are distorted when posted on FR.

If you town allows it, fill your tanks up with foam or sand, then you won't be in this predicament. Hopefully.

1 posted on 12/09/2015 4:23:59 PM PST by Coleus
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To: Coleus
it's a shame all the quotes and apostrophes are distorted when posted on FR.

It's a shame when a poster doesn't bother to preview and clean up his post.

2 posted on 12/09/2015 4:29:31 PM PST by PAR35
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To: PAR35

It’s a shame when a poster doesn’t bother to preview and clean up his post. >>

there is nothing to clean up, the quotes are distorted when you post. It’s never been this way until a few months ago, FR has a bug and they need to fix it.


3 posted on 12/09/2015 4:30:57 PM PST by Coleus (For the sake of his sorrowful passion, have mercy on us and on the whole world.)
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To: Coleus

Yeah, enough so that I created a userscript for myself to deal with as much of these as I can (Firefox + Greasemonkey). I am a complete novice with userscript, otherwise I would offer it up for anyone frustrated with the garbled punctuation.


4 posted on 12/09/2015 4:35:05 PM PST by CatOwner
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To: Coleus
Replace smart quotes with regular straight quotes

http://dan.hersam.com/tools/smart-quotes.html

5 posted on 12/09/2015 4:36:09 PM PST by kiryandil ("When Muslims in the White House are outlawed, only Barack Obama will be an outlaw")
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To: Coleus
It's caked in clay, but looks solid enough as the backhoe gently hoists Joan Fitzgerald's 500-gallon fuel oil tank out of the ground and into the air and deposits it on her front lawn in Clifton. But back in the excavated hole, dark residue stains the dirt and the odor of petroleum is heavy above the pit.

"I can smell it," she said.

Environmental consultant Steve Rich chops at the clay. Underneath holes appear in the 66-year-old steel. Daylight shines through some that are as big as dimes.

"I think, unfortunately, quite a bit of oil might have come out," Rich said.

"I don't know if I can talk to you right now. I'm upset. I've been upset all week, and now this just puts the icing on the cake," Fitzgerald said.

Her tank is only one of an estimated 100,000 fuel oil storage tanks buried underground across New Jersey. They range in size from a couple hundred gallons to monsters that hold thousands of gallons.

Building inspector Earl Karlen says he sees things like this quite a bit. "Maybe 50 percent of the old tanks -- they do have holes, they do leak. It had been in the ground a long time, that's why."

Serious cases, where plumes of contamination ride groundwater channels far beyond the tank pits, require extreme excavation.

"It was pretty bad, as you can see," said Ken Lombardo, of Lombardo Environmental. "The house had to be put on piles and beams to remediate the soil."

He figures cleanup will run $200,000. Insurance might cover half. The DEP is notified whenever a critical level of contamination is detected. They get a technical report when it's remediated. Homeowners then get a letter certifying that the cleanup is complete. They can't sell the property without it, he says, because banks won't offer mortgages on homes with underground oil tanks.

The grant money New Jersey set aside to help compensate homeowners for fuel oil tank removal can't keep up with demand. There's a waiting list with 1,700 names and the wait is four years long.

"Some are waiting it out," Rich said. "Some are walking away from their homes. They walk away from their homes. They just don't have the equity in the property to ultimately clean or pay for remediation and get it cleaned up."

"They're really like the Wild West. You know, you just have these tanks out there that invariably at some point in time that are going to leak," said environmental attorney Stu Lieberman.

Lieberman points to New Jersey's 2005 Fuel Oil Tank Exclusion Policy. It lets insurers opt out of paying for damages from tank removal unless homeowners can prove that oil leaked before 2005.

"It's a sin," he said. "It's really a crime that the Division of Banking and Insurance allowed the insurance companies in New Jersey to stop covering these things."

"The upshot is that there are many homeowners that don't have coverage, and don't know that they don't have coverage," Executive Vice President of the Fuel Merchants Association of New Jersey Eric DeGesero said.

New Jersey's Fuel Merchants Association questions whether the lack of DEP oversight on oil tank removals is driving up costs -- especially if an insurer's picking up part of the bill to fix those oil leaks that occurred more than a decade ago.

"The costs just seem to be a lot more in the insurance world than they might otherwise need to be," DeGesero said.

"The cost that they sometimes incur for these remediations, it's really a market driven process. That's why the costs become so extensive in some cases," said Kenneth Kloo, NJ DEP site remediation project director.

The DEP says that regulations permit industrial cleanups to leave behind small amounts of contaminants in the soil. That isn't the case for home sites, where banks and buyers demand much more stringent remediation standards.

"There's no ability to obtain a permit to leave any contamination behind," Kloo said.

To help save cleanup costs, the DEP's now considering a controversial fix: to relax some cleanup regulations for homeowner tanks of less than 2,000 gallons. Meanwhile, Senator Jennifer Beck is sponsoring legislation that would require insurance companies to start offering fuel oil tank liability policies to homeowners, again.

"If they don't want it they have to sign and certify a letter back to the insurer that they don't want it," she said. "Otherwise the homeowners' insurance company must provide it automatically."

"Homeowners insurance was intended to be there for the structure and for your belongings inside. It wasn't there to be a hazardous waste plan," Christopher Stark from the Insurance Council of NJ said.

The insurance lobby says those policy changes and oil tank exclusions were very clear, and that insurers do not want to walk it all back a decade later.

"At the heart of this it's an environmental issue," said Stark. "It's an issue of maintenance, it's an issue of warranty and it's an issue of making sure that you've replaced these tanks."

Back in Clifton, Fitzgerald just heard that cleanup will cost $75,000 to remove 125 tons of contaminated dirt. However, she does say that she unwittingly made a mistake by converting to natural gas heat before she removed the oil tank -- and that voided her insurance policy.

She says she doesn't think State Farm's going to help her pay for it? "I just don't think they will," she said.

State Farm told NJTV News that they're actively working with Fitzgerald on her claim. Across New Jersey underground storage tanks and contaminated soil from old gas stations and dry cleaners lurk underground. You might be living next to one and not even know it.

This story is part of Dirty Little Secrets, a series investigating New Jersey's toxic legacy. Participating news partners include New Jersey Public Radio/WNYC, WHYY, NJTV, NJ Spotlight, Jersey Shore Hurricane News, WBGO, New Brunswick Today and the Rutgers Department of Journalism and Media Studies. The collaboration is facilitated by The Center for Investigative Reporting, with help from the Center for Cooperative Media at Montclair State.


6 posted on 12/09/2015 4:36:24 PM PST by kiryandil ("When Muslims in the White House are outlawed, only Barack Obama will be an outlaw")
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To: Coleus; PAR35; CatOwner

See my posts #5 & #6


7 posted on 12/09/2015 4:37:54 PM PST by kiryandil ("When Muslims in the White House are outlawed, only Barack Obama will be an outlaw")
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To: kiryandil

The smart quotes web site fixes some of the more common issues, but not all of them. Garbled characters still come through, attaching themselves to the copyright sign, @ sign, endash, emdash, accented characters, etc.


8 posted on 12/09/2015 4:40:31 PM PST by CatOwner
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To: Coleus
"At the heart of this it's an environmental issue," said Stark. "It's an issue of maintenance, it's an issue of warranty and it's an issue of making sure that you've replaced these tanks." Back in Clifton, Fitzgerald just heard that cleanup will cost $75,000 to remove 125 tons of contaminated dirt. However, she does say that she unwittingly made a mistake by converting to natural gas heat before she removed the oil tank and that voided her insurance policy. She says she doesn't think State Farm's going to help her pay for it? "I just don't think they will," she said. State Farm told NJTV News that they're actively working with Fitzgerald on her claim.

I'm not sure how the timing of switching to natural gas voided the policy. Can someone explain?

Though heating oil is less expensive this year, natural gas is the way to go. Of course New York's preventing natural gas drilling using fracking would make the supply even more plentiful and environmentally more friendly than using oil (both for leaky tanks and reduced emissions when burning). But libs never look at alternatives - they have been instructed that fracking is bad and that's that.

9 posted on 12/09/2015 4:43:41 PM PST by CedarDave (Hillary for incarceration not inauguration)
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To: CedarDave

The handwriting was on the wall for home heating oil tanks more than a decade ago, when the state Greenie bureaucracies got the bit in their teeth.


10 posted on 12/09/2015 4:53:10 PM PST by kiryandil ("When Muslims in the White House are outlawed, only Barack Obama will be an outlaw")
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To: Coleus; CatOwner; kiryandil
there is nothing to clean up, the quotes are distorted when you post. It’s never been this way until a few months ago, FR has a bug and they need to fix it.

Agreed. FR just got through with an $88,000 Freepathon and will start another in 23 days. They should have enough financial resources to fix this problem that at best is a nuisance and at worst makes heavily quoted text almost unreadable. I'm a generous monthly donor and have been for years but having unreadable posts for months on end pisses me off. It's been reported numerous times but no action or a schedule for fixing has forthcoming.

11 posted on 12/09/2015 4:56:47 PM PST by CedarDave (A "moderate" Muslim is one who has not yet been radicalized.)
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To: Coleus

Just my replying to your post illustrates the problem. FR took your text with the word “it’s” and garbled it during cut and paste.


12 posted on 12/09/2015 5:01:18 PM PST by CedarDave (A "moderate" Muslim is one who has not yet been radicalized.)
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To: CedarDave

Which begs the question: How was the post you quoted able to get through unscathed? Maybe some combination of operating system and browser makes a difference?


13 posted on 12/09/2015 5:05:00 PM PST by CatOwner
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To: CedarDave
For example, the post below contains left double quotes, right double quotes, right single quotes (apostrophes in most cases), etc., and the page displays just fine.

http://www.freerepublic.com/focus/f-bloggers/3370563/posts

14 posted on 12/09/2015 5:12:19 PM PST by CatOwner
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To: CatOwner

I reviewed my post in #9 about a half a dozen times to rid it of quotations and such. A real pain in the butt but I wanted the reader to focus on the content not the appearance or have to interpret the text.


15 posted on 12/09/2015 5:13:55 PM PST by CedarDave (A "moderate" Muslim is one who has not yet been radicalized.)
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To: Coleus

I’ve been on both sides of this fuel in the ground issue.

Let me give away the ending of this movie.

The lawyers win.


16 posted on 12/09/2015 5:20:00 PM PST by blueunicorn6 ("A crack shot and a good dancer")
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To: CedarDave
FR just got through with an $88,000 Freepathon and will start another in 23 days. They should have enough financial resources to fix this problem that at best is a nuisance and at worst makes heavily quoted text almost unreadable.

Here is a far better use of our precious resources:

https://www.tedcruz.org/donate/

17 posted on 12/09/2015 5:21:19 PM PST by Rodamala
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To: Coleus
buried??? here in the boondocks we have them next to the houses for those that don't have cellars so you can see when it leaks... must be a Jersey thing
18 posted on 12/09/2015 5:29:38 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - Luke, 22:36)
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To: CatOwner
In yesterday’s post, Hesperado made a comment about the impossibility of knowing whether any given “moderate” Muslim is in fact sincere.

This the central problem for non-Muslims in dealing with Islam, and one to which there is no easy and palatable answer. Any attempt to devise a meaningful solution leads into the sort of ugliness that the average Westerner prefers to avoid thinking about.

The unavoidable fact is that there is no reliable way to determine whether any given Muslim really believes everything in Islamic scripture and law, and is therefore dangerous. He may be a nice guy; he may drink beer and eat bacon and hang out with the kuffar. Yet, since the core tenets of his faith require him to lie, dissemble, and mislead in order to advance the cause of Islam, there is no way to determine his sincerity.

To make matters worse, we have numerous examples of Muslims in the West (often second- or third-generation) who seem fully “integrated”, but who suddenly become more religious and are rapidly “radicalized”. Then come the bodies lying in pools of blood in the street, with all the neighbors saying, “I can’t believe it! He was such a nice, quiet, polite man.”

But when that post is copied and pasted above, the quotes and such are garbled.

(BTW, thanks for the link; the entire post is worth reading and is very sobering. As many of us know, Islam is much more than a religion. Adherents are required to spread its ideology throughout the world and use whatever means necessary to do so, including lies, subjugation, terror, etc. We are on the cusp and without taking action to prevent further incursions, our society and lifestyle are most likely doomed.)

19 posted on 12/09/2015 5:29:46 PM PST by CedarDave (A "moderate" Muslim is one who has not yet been radicalized.)
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To: CedarDave

Yep. If you or I copied and pasted that article, it would have been a mess. So, how was Ray76 able to post it without these issues?


20 posted on 12/09/2015 5:35:50 PM PST by CatOwner
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