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Seattle's New Unused Oil Tank Law

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Home Builder with Retired

Seattle Oil Tank Abatement Law

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This Seattle law changed recently. If your heat system has been changed from oil to anything else, and your heating oil tank is unsed, the time has come for abatement.

 

The Seattle Fire Department is charged with regulating certain safety aspects of heating systems, including, but not limited to hot water and steam boilers and fuel supply systems including gas and oil.  Ever since the Exxon Valdes oil spill there has been concern about gas and oil storage tanks in the ground as well as ships carrying oil and the pollution that might result from a leak or a spill.

One of the areas of concern has been  residential oil storage tanks used in home heating. Over the years, the concerns and methods of remediation and the cost thereof has leveled, but there are laws on the books everywhere and owners of land that contain unused fuel storage tanks should pay attention to them.

In Seattle, for the past several years it has been permissible to simple pump the oil out of an unused tank and permanently cap the tank. There are jurisdictions which insist that filling tanks with cement was necessary because the tanks could rust out, cave in, and there was the potential for injury to someone who might fall in the hole. Since there had been no record of an unused heating oil tank collapsing in Seattle the Fire Department was okay with doing the ecologically responsible thing and insisting only on the steps necessary to prevent ground and ground water contamination.

Remove the oil tank

However, for some unannounced reason, they are now insisting that the tank be filled or removed, and they are recommending removal.

The Law
Section 3404.2.13 of the Seattle Fire Code requires that tanks and piping serving heating oil tanks which have been out of service for a period of one year or more be removed from the ground or abandoned in place.
Section 105.7.4 of the Seattle Fire Code further requires that a permit be obtained to remove, abandon, place temporarily out of service or otherwise dispose of a heating oil tank.

Bottom line: If you own property and have an unused heating oil tank, remove it, do the clean-up if necessary, and move on. It will be much cheaper for you to do it now, according to the city guidelines, than for you to do it later, under pressure, when a buyer is forcing the issue at the time you want to sell. It just makes sense.

Posted by

 

 

 

 

Glenn Roberts
Retired

 

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Comments(17)

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Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Every year we get new laws and over and over they hit our pocket books. Sometimes they make sense while other times like this they don't. I have never heard of a filled tank leaking, collapsing or any of the worries they have listed. I say follow the money and you may find the answer to why the law was passed. 

Nov 04, 2010 05:28 PM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.WarrenCountyOhioRealEstate.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Glenn, Somewhat understand the concern, but like Todd it does almost make you wonder who has interest in the companies that will get the extra business associated with this!

Nov 04, 2010 11:26 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

This is simply an overpaid, underworked government clerkal finding a solution where no problem exists. 

Just consider the cost of removing a tank. 

Of course making sure it isn't leaking oil makes sense.  That's all that's necessary.

Nov 05, 2010 02:21 AM
James McGary
Agents Set Free, Inc - Irvine, CA

In south Carolina, they allow for the tank to be emptied and filled in with a variety of fillers.  Sounds like Seattle should take a chapter from that playbook.

Nov 05, 2010 02:26 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

Glenn,

That's going to bump up the cost of changing the heating system. Huge expense to remove a tank.

Rich

Nov 05, 2010 02:34 AM
Glenn Roberts
Retired - Seattle, WA

Todd - New laws generally need financial backing and those posed for profit are usually in support. This seems to be more an issue of the appearance of a safety concern.

Bliz - 15 years ago when we first had to deal with these tanks many companies sprang up to do the job. Now it's leveled out and there are only a few, partly because we only needed to pump them, for a while.

Lenn Yes - there was no problem with the empty tanks. And no potential problem either.

James - We had several fill options as well, but the recommendation is removal and that only to determine if oil had leaked.

Richard - Costs were usually, for a 280 gallon tank about $300 to pump and clean, another @200 to fill, or $1000 for removal. Removing a tank filled with cement down the road will be more. And now with the options narrowed, the two choices will probably go up.

Nov 05, 2010 03:06 AM
Richard Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

They have something similar for septic tanks although it is not mandatory. But if and when you venture into this realm, it can become costly which points you into the direction of getting a city sewer connection....$$$$ One things for sure, the cities are hurting for funds and that is not going away soon...

Nov 05, 2010 03:58 AM
Glenn Roberts
Retired - Seattle, WA

Richie - Septic tanks and old wells come in to the fire departments jurisdiction here as well. Though we don't have many of those left. There is the city permit cost of $94 before undertaking any of these remedies. Cities are hurting for money.

Nov 05, 2010 04:15 AM
Andy Brown
Climer School of Real Estate - Arctic Bay, YN
Best Real Estate Training in Florida

great posting, i guess in florida, i am fortunate since i don't have to worry about residential undergroud oil tanks

Nov 05, 2010 04:29 AM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Glenn, so true---these buried tanks seem to almost always come up as an issue during the inspection.

Nov 05, 2010 05:47 AM
Glenn Roberts
Retired - Seattle, WA

Andy - I'll bet you have as many oil tanks as we have alligators, and visa versa.

Charlie - These would not be a problem during inspection time if owners followed the letter of the law. It's just not that hard.

Nov 05, 2010 06:39 AM
Jo Olson
HOMEFRONT Realty - Kettle Falls, WA
Retired - HOMEFRONT Realty @ LAKE Roosevelt

The solution lies with where the tank is located.  If there is a tank in an area that by removal a structural foundation issue could arise it should be filled.  For the FD to come out and recommend removal is a liablity on their part.

Nov 05, 2010 08:08 AM
Glenn Roberts
Retired - Seattle, WA

Jo - Common sense will rule...usually. What are the regulations on the Peninsula?

Nov 05, 2010 08:18 AM
David J. Stiles
Waynesville, NC

The nominal cost of removal of a buried oil tank (generally $1,000 to $2,000) is much less than the cost to remediate a leaking tank ($10,000 to $100,000).  Every buyer should insist on a buried oil tank being removed.  The soil can be tested for oil contamination.  A buyer should not buy the cost of seller's problem if the tank leaked.   If the tank is not cut open and throughly cleaned before it is filled with concrete or stone there is still the possibility that the tank will leak in the future and contaminate the soil.

Buried oil tanks drive everyone crazy here in NY because of the horror stories of leaking tanks.  About 10 years ago I had a client selling a house built in the mid-70s. The oil tank leaked and it cost $10,800 to remediate. When the tank was pulled out of the ground there was a sticker on the side that said DO NOT BURY.  The company that removed that tank picked up a few more customers that day when the neighbors saw what the builder had done.  2 years ago a client inherited a house. It cost him $18,000 to remediate the leaking oil tank.  I have had a number of clients with buried oil tanks that are not leaking remove same to avoid problems. Again, would you rather pay $1,000 to $2,000 or $10,000+ pick your poison.

 

Nov 05, 2010 08:27 AM
Glenn Roberts
Retired - Seattle, WA

David - Exactly!

Nov 05, 2010 08:45 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

OH BROTHER!  And how many injuries/accidents have been caused thusfar with the way things are now?  Probably none!  Since we're so close, hope this jnew change doesn't "leak" down here!

Nov 05, 2010 10:04 AM
Glenn Roberts
Retired - Seattle, WA

Carla - I'm sure there is a protective baggie at the border.

Nov 05, 2010 10:14 AM