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Do I have to investigate and clean up the resulting pollution on my property as soon as I discover that my residential underground heating oil tank or piping has leaked?

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Do I have to investigate and clean up the resulting pollution on my property as soon as I discover that my residential underground heating oil tank or piping has leaked?

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In general, an owner of residential property on which an underground home heating oil tank leaks has liability for investigating and cleaning up any pollution resulting from that leak. The DEP recommends that, when a home heating oil leak is discovered, actions to eliminate the leak be taken immediately and actions to clean up the resulting pollution (both on and off the residential property) be undertaken in a timely manner to reduce or eliminate such liability and prevent the spread of contamination. In particular, the DEP recommends that remedial actions be promptly undertaken when private or public drinking water wells are in close proximity or oil is being discharged to a surface water body. In such a case, the release is required to be reported to the DEP.

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