Who is responsible for a leaking Underground Storage Tank (UST) on my property?
The answer depends on whether the UST was used for petroleum or other substances, when the tank was in operation, and who the current owner is. Typically, the current owner and operator is/are responsible for the remediation of a leaking UST. However, if the UST has not been used since November 8, 1984, the person who owned the tank immediately before the discontinuation of the use of the tank is liable under leaking UST laws. One exception is for persons who hold title to the UST to protect a security interest, such as lenders. Other liability may exist for leaking USTs, such as liability for hazardous substances if the tank was not used solely for petroleum, and liability for common law nuisance, trespass, and worker exposure.
