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Category Archives: General

real estate agent going over deal memo with buyers

Do Property Sellers Have to Disclose a UST?

By Hank Lutz and Roger Ferguson |

The presence of an underground storage tank (UST) can delay or permanently affect a developer’s plans, and it can pose environmental and even health risks to property inhabitants.  Once you buy a property with an abandoned UST, you become responsible for it.  A UST can thus significantly impact a real estate deal.  Are sellers… Read More »

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old underground storage tank

What to Do if You Find An Underground Storage Tank on Your Work Site

By Hank Lutz and Roger Ferguson |

According to the Environmental Protection Agency (EPA), there are over 550,000 underground storage tanks (USTs) that contain hazardous substances such as petroleum.  Many USTs are not listed on any federal or state databases, which means you may obtain or begin working on a plot of land only to discover the presence of a UST… Read More »

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Got Tanks? Don’t let them “Tank” your deal: Tips to consider during Environmental Due Diligence

By Hank Lutz and Roger Ferguson |

Over the past several years government regulations regarding remediation of contaminated properties has become increasingly problematic to the closing of Real Property Transactions. May 2019 marks the 10th Anniversary of the Site Remediation Reform Act (SRRA) and the Licensed Site Remediation Professionals (LSRP) program. Created to help the New Jersey Department of Environmental Protection… Read More »

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Underground rainwater storage tanks

Recent NJDEP Amendments to Site Remediation Rules

By Hank Lutz and Roger Ferguson |

Contaminated site remediation in New Jersey is governed by a variety of rules and regulations that implement New Jersey’s environmental statutes.  The New Jersey Department of Environmental Protection (NJDEP) recently adopted amendments to a number of these rules.  The NJDEP also adopted new regulations addressing discharges from certain heating tanks known as “heating oil… Read More »

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inspector writes findings in report on clipboard

Compliance Corner – Trends in DEP Enforcement Inspection

By Hank Lutz and Roger Ferguson |

This is our first installment in our new blog page that focuses on the latest trends in New Jersey Department of Environmental Protection (NJDEP) enforcement of its Underground Storage Tank (UST) regulations. We will continually provide tips and recommendations for managing the many UST rules that affect Service Station operators. This edition focuses on… Read More »

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