Date: Fri 09-Jul-1999

Publication: Bee

Author: STEVEB

Quick Words:

oil-tank-underground-state

Full Text:

New Bill Provides An Incentive For Oil Tank Removal

(with photo)

BY STEVE BIGHAM

Got an underground oil tank on your property? Now might be a good time to pull

it up.

Last week, Gov John Rowland signed a bill into law that creates a window of

opportunity for those residents who have underground home heating oil tanks,

but fail to bring them up for fear of what they will find. The cost to pull

them out of the ground can be expensive, but the cost to clean up a leaker can

be enormous.

The new bill provides amnesty by allowing residents to pull their tanks up

with only limited liability if leakage is discovered. The homeowner will still

be responsible for the $3,000 removal cost. But not having to pay the

$20,000-plus cost of cleaning contaminated soil in the area is why this bill

was created.

The bill sets up a fund which will cover much of these costs. Except for a

$500 deductible, the state will pay for up to $50,000 worth of clean-up.

The bill went into effect July 1 and extends through the end of the year 2001.

The plan is not retroactive, however, so those who discovered leaks before

July 1 are out of luck.

The news of the new state law was hailed in Newtown where there are hundreds

of suspected leaking underground oil tanks.

"I think it's a really good incentive to remove the tanks," noted First

Selectman Herb Rosenthal.

Fire Marshal George Lockwood could not agree more. He believes there are

leaking tanks all over town, particularly in areas where the homes were built

in the 1960s and 70s. For years, Mr Lockwood has been calling for an ordinance

that would require residents to pull those tanks up. But local ordinance

makers refrained, saying such an ordinance would put huge financial burdens on

residents. But what about the burden being put on the environment, Mr Lockwood

usually countered.

Last year, Mr Lockwood estimated there could be as many as 800-900 undetected

leaking oil tanks in Newtown. He had sought a town ordinance that mandated all

tanks 20 years old or older be pulled out of the ground. This new bill is not

a mandate, but it is expected to encourage homeowners to act.

Ordinance Committee chairman Will Rodgers has been waiting for the outcome of

this state legislation before proceeding with a local ordinance. The committee

has been working on an underground oil tank ordinance for several years, but

never managed to satisfy everyone with provisions in a local ordinance.

"I think (this new bill) would relieve the short term pressure to establish an

ordinance immediately. This will operate as an incentive for homeowners to

pull their tanks up," Mr Rodgers said.

According to Newtown resident Steve Rosentel, president of Leahy's Fuel in

Danbury, the Department of Environmental Protection (DEP) must still come up

with regulations for the bill. Although the "window" has already opened, the

DEP must determine how the process will operate. For example, tank removal

contractors must be specially licensed to take part in this program and to

receive payment from the state. Mr Rosentel likened it to payment procedures

used by HMOs.

Mr Rosentel serves on the Environmental Committee of the Independent

Connecticut Petrol Association, which lobbied for this bill.

"We wanted to promote it as a positive from the industry," he said this week.

"We wanted to give homeowners an incentive to pull these tanks sooner rather

than later."

The state plans to bond $2 million initially to pay for statewide clean-ups.

According to Mr Rosentel, there are an estimated 50,000 underground tanks in

Connecticut, with a higher percentage of those tanks located in Fairfield

County.

George Lockwood rejoiced over the bill this week.

"It used to be you'd have two leakers for every 10 tanks pulled. Now, it's

just opposite. We're seeing eight leakers for every 10 pulled," he said.

Newtown's problem areas include Hawthorne Hill Road, Ridge Road, Saw Mill

Ridge Road, Budd Drive and any other neighborhood where homes were built

during the 1970s when cheap metal was used for tanks.