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The environmental, safety, economic and legal
concern resulting from underground storage tanks has raised increasing concerns
of both underground and aboveground fuel oil storage tanks for home owners, home
buyers, lenders and real estate agents. Environmental issues include soil and
groundwater contamination. Some leaking tanks have affected multiple families
and entire communities. Potential fire risk and tank collapse are safety
concerns. Economic issues include: maintenance costs, cost of tank system or
soil testing, tank removal, and potential contamination cleanup. Legal concerns
include determining responsibility and potential third party damages.
What Is The Law In Wisconsin?
The Wisconsin Administrative Code COMM 10 requires that all underground
tanks (UST) storing regulated product be registered with the Department
of Commerce.
All underground fuel oil tanks are regulated by the code.
All residential underground heating fuel tanks 1,100 gallon capacity
or larger must have a tightness test conducted prior to May 1, 2001
and every two years thereafter. If the tank does not successfully pass
the tightness test an investigation must be conducted and the problem
corrected. This may involve the removal of the tank and remediation
of any contamination.
What If I Am Purchasing A Home That Has An Underground
Fuel Oil Tank?
Before purchasing a home it is strongly recommended that buried tanks
be tested. Once a property is purchased, the liability for a leaking
tank becomes the responsibility of the new owner. Upon completion of
the purchase of the property the new owner must initiate a change-of-ownership
to the tank registration.
What If I Am Selling A Home That Has An Underground
Fuel Oil Tank?
Be honest and up-front about it. The Wisconsin Realtors Association
Addendum A To The Offer To Purchase includes a disclosure statement.
Misrepresentation of the tanks status can result in significant legal
and liable consequences.
How Do I Have My Tank Tightness Tested?
Protanic, Inc. has certified personnel and equipment approved in the
state of Wisconsin to test buried tanks for leaks (tightness testing).
Protanic, Inc. has been testing underground tanks since 1972.

TESTING TO A HIGHER STANDARD
© 2004 Protanic, Inc.
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