Oil Tank Removal and Abandonment in NYC and Long Island: Above-Ground and Underground

Many homes and buildings in New York City and on Long Island have heating oil tanks in the basement, the yard, or under a driveway. When a building converts to gas or electric heat, or when an old tank is near the end of its life, the tank needs to be properly taken out of service.

Why old tanks matter

Steel oil tanks corrode over time. Underground tanks can leak into soil and groundwater without anyone noticing, and basement tanks can leak onto floors. Leaks can be expensive to clean up, and buyers, lenders, and insurers often ask about tanks during a sale. Taking a tank out of service properly, with documentation, protects you.

Removal vs. abandonment in place

There are two main ways to take a tank out of service:

• Removal. The tank is pumped out, cleaned, cut up if necessary, and taken away. The fill and vent lines are removed. For underground tanks, the tank is excavated and the soil around it can be inspected.
• Abandonment in place. The tank is pumped out and cleaned, then filled with an inert material such as sand, concrete slurry, or foam, and left where it is. This is sometimes used when an underground tank is under a structure or otherwise hard to reach.

Which method is allowed or preferable depends on the tank's location, local rules, and site conditions.

Rules in New York City

In NYC, fuel oil storage is regulated by the Fire Code and the Construction Codes. The Mechanical Code says that when tanks are abandoned or removed, all exterior above-grade fill piping must be removed, and that tank abandonment and removal must be done in accordance with Section 3404 of the NYC Fire Code. FDNY enforces fuel oil storage requirements and may require permits, specific procedures, and documentation such as an affidavit when a tank is taken out of service. Work is generally performed or supervised by qualified, properly licensed or certified professionals.

Rules on Long Island

In Nassau and Suffolk, county sanitary codes regulate the storage of petroleum and other toxic or hazardous materials. Suffolk County's Article 12, for example, includes permit and registration requirements for many storage facilities and specific rules for taking underground tanks out of service, while exempting certain smaller heating oil tanks from many of its provisions. Nassau County has its own requirements. Towns and fire marshals may also require permits or inspections. Check with the county health department and your town before work begins.

State rules

New York State DEC regulates petroleum bulk storage at facilities with combined storage capacity over 1,100 gallons. Most single-family home heating oil tanks are smaller than that, but larger buildings may be covered and have registration and closure requirements.

Regardless of size, petroleum spills must be reported to the NYS DEC Spill Hotline at 1-800-457-7362. DEC guidance calls for reporting within two hours of discovery.

What a typical tank job looks like

1. Assessment. Locate the tank, fill and vent pipes, and identify its size and condition. For a suspected buried tank, a scan can confirm its location.
2. Permits and notifications as required by FDNY, the county, or the town.
3. Pumping out remaining oil and sludge for proper disposal.
4. Cleaning the tank interior.
5. Removal or abandonment as planned.
6. Removing fill and vent pipes so no one accidentally delivers oil into a closed tank. This has happened, and it causes spills.
7. Soil testing around underground tanks where required or advisable.
8. Documentation, such as closure affidavits, disposal receipts, and test results. Keep these permanently with your property records.

If contamination is found

If soil testing or the condition of the tank shows that oil has leaked, report it to DEC. Cleanup is overseen by DEC and may involve soil removal and testing until the site meets cleanup standards. Contact your insurance company as well, as some policies have coverage related to oil tanks.

Basement tanks during a conversion

When converting from oil to gas, the basement tank is usually emptied and removed after the new heating system is running, along with the fill and vent piping. This also frees up basement space.

Tips

• If you are buying a property, ask about current and past oil tanks and look for fill pipes or vent pipes on the outside walls.
• Do not let a supplier fill a tank that is out of service. Remove or cap the fill pipe permanently.
• Keep all closure documents.

Across the five boroughs and Nassau and Suffolk counties, a properly closed tank, with paperwork, is one less thing to worry about.

This article is general information for property owners, not legal or engineering advice. Rules and procedures change; confirm current requirements with the agency or utility involved.