EPA experts. UST removed in the 1980’s....

[ARCHIVED THREAD] - EPA experts. UST removed in the 1980’s....

Posted: 4/23/2019 3:17:38 PM EDT

Father in law removed a tank in the 1980's from his property. It was remediated and (AFAIK) approved after the soil aerated for a year or so. Does the government have a database that could be searched for this record? We are selling the property and will probably need a new Phase 1 anyway but right now i would like this 30 year old record handy if possible. He kept things like this but I'm not able to find it so far.

Posted: 4/23/2019 3:23:50 PM EDT

[#1]

This is what I use to prepare Phase I AAIs.

https://netronline.com/

Posted: 4/23/2019 3:28:40 PM EDT

[#2]

Quote History

Quoted:
This is what I use to prepare Phase I AAIs.

https://netronline.com/

View Quote

This is great for screening, but some of the data sources are outdated. Some state databases are not included at all (depends on state). You should be looking for documentation of when the data sources have been updated and that all of the appropriate databases are included.

Posted: 4/23/2019 3:30:23 PM EDT

[#3]

Quoted:
Father in law removed a tank in the 1980's from his property. It was remediated and (AFAIK) approved after the soil aerated for a year or so. Does the government have a database that could be searched for this record? We are selling the property and will probably need a new Phase 1 anyway but right now i would like this 30 year old record handy if possible. He kept things like this but I'm not able to find it so far.

View Quote

I'm sure they will require a phase 1. That will likely led to a phase 2 since they know there was a tank there at some point. At least thats been my experience.

Posted: 4/23/2019 3:36:24 PM EDT

[#4]

It is highly likely that anyone looking hard enough would find the records. When I was doing this work under the newly formed California LUST (Leaking Underground Storage Tanks) Program the local County Fire Dept. was the agency of record. CalEPA and/or DTSC may also have records of pulled and remediated tanks. It's esp. possible in your case because there was remediation performed along with follow-on inspections. Permits would have been pulled. If it was certified as fully remediated according to the permit you shouldn't have a problem.

Make sure you disclose. Disclosure laws are a thing.

Posted: 4/23/2019 3:37:38 PM EDT

[#5]

OP - if the tank was regulated, records will usually be with the state agency or county if they are still available. Call an environmental consultant in your area and ask if they'll tell you the procedure for obtaining such files from the agency. You might also be able to search the state UST database online to find the status and whatever tracking numbers are assigned

If the closure was not regulated or the files have been purged, you'd better keep looking in your FILs files!

Posted: 4/23/2019 3:43:40 PM EDT

[#6]

It's been disclosed and I am hiring firm to do a Phase 1.

Posted: 4/23/2019 3:46:09 PM EDT

[#7]

Quote History

Quoted:
OP - if the tank was regulated, records will usually be with the state agency or county if they are still available. Call an environmental consultant in your area and ask if they'll tell you the procedure for obtaining such files from the agency. You might also be able to search the state UST database online to find the status and whatever tracking numbers are assigned

If the closure was not regulated or the files have been purged, you'd better keep looking in your FILs files!

View Quote

This 100%. The state environment conservation department will have the information on all recorded USTs.

All states post that data online, but it's not necessarily easy to find.

Posted: 4/23/2019 3:47:08 PM EDT

[#8]

Also, permits were needed to transport and destroy all pulled tanks whether they leaked or not. This was to prove the tank was physically removed from the ground and destroyed (and not resold). That's another angle you'll want to check - permits and manifests.

Furthermore, contractors doing this work had a permit from the State to assure they had been trained in the proper way to do the work without causing a bigger problem. You could see if that contractor is still in business. He would have a record of the job.

In other words, the paper trail will be fairly wide.

Posted: 4/23/2019 3:47:52 PM EDT

[#9]

You can file a FOIA request with the State agency that handles USTs and LUSTs to view the file. You'll need an address, a Site ID# (if you know it), and a name. Its not guaranteed they'll still have the file, but most States keep those records.

Posted: 4/23/2019 3:52:12 PM EDT

[#10]

Quote History

Quoted:
I'm sure they will require a phase 1. That will likely led to a phase 2 since they know there was a tank there at some point. At least thats been my experience.

View Quote

Unless there’s a closure report filed, then it’s a done deal.

OP, shoot me a PM. This should be an easy fix. I’m an environmental scientist and spent years as a consultant, just do t have time to type it all out.

Posted: 4/23/2019 3:53:30 PM EDT

[#11]

Quote History

Quoted:
It's been disclosed and I am hiring firm to do a Phase 1.

View Quote

If they’re doing an ASTM standard Phase 1, they’ll find the record in the regulatory agency records review.

Posted: 4/23/2019 3:57:20 PM EDT

[#12]

Which state? They should have a database or you can FOIA the files. There are also several commercial vendor with environmental database that would likely report the status of the uST or LUST. The consultant doing the Phase I can do pull info from those sources.

Any recent, previous Phase I might unclude the status as well.

Posted: 4/23/2019 3:58:36 PM EDT

[#13]

Quote History

Quoted:
It's been disclosed and I am hiring firm to do a Phase 1.

View Quote

Not much point in doing a phase 1 if you know you're going to be doing a phase 2.

Phase 1 is to find environmental concerns that were not disclosed. Phase 2 is to determine if they are a problem or not through analytical.

Posted: 4/23/2019 4:03:34 PM EDT

[#14]

Quote History

Quoted:
Not much point in doing a phase 1 if you know you're going to be doing a phase 2.

Phase 1 is to find environmental concerns that were not disclosed. Phase 2 is to determine if they are a problem or not through analytical.

View Quote

The lender will require a new Phase I if one hasn’t been completed recently. Not just to determine concerns on the subject property but also to determine if the adjacent properties have new issues.

Posted: 4/23/2019 4:14:38 PM EDT

[#15]

Quote History

Quoted:

The lender will require a new Phase I if one hasn't been completed recently. Not just to determine concerns on the subject property but also to determine if the adjacent properties have new issues.

View Quote

Depends on the lender, and many lenders require the phase 1 to be done by their preferred consultant

Posted: 4/23/2019 5:17:45 PM EDT

[#16]

OK, found the records and the Environmental Engineering Contractor sign off. The leakage was assessed as minor at the time of removal. Thanks for the replies. We're using a well known commercial broker in So. Calif. and they have provided the names of two well accepted Phase 1 report contractors.

Probably going to take between a year and 2 years to get to closing.

[ARCHIVED THREAD] - EPA experts. UST removed in the 1980’s....

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