An important consideration with any oil tank removal project is your liability. While TankFinders does not offer legal advice, we can provide you with some information to point you in the right direction.
According to a Ministry of Environment Fact Sheet, all underground storage tanks, and above ground storage tanks over 2500 L, that supply oil burning equipment on property under provincial jurisdiction are regulated under the BC Fire Code (BCFC). Under this code, the owner is required to follow good engineering practices when removing, abandoning in place, or temporarily taking out of service, an existing tank.
Local governments also often have bylaws that include provision for the required removal or decommissioning of abandoned tanks. Owners should consult their local governments to determine if such bylaws exist.
Although the Ministry of Environment does not specifically regulate residential heating oil storage tanks, all BC property owners are legally responsible for complying with the provincial Environmental Management Act (the Act) and the Contaminated Sites and Hazardous Waste Regulations.
Who is Responsible for Cleanup?
Under the Act, the following individuals may be responsible for cleaning up a contaminated site:
- A current owner or operator of the site,
- A previous owner or operator of the site, and
- A producer or transporter of a substance that caused contamination.
One or more of the above individuals may also be responsible for cleanup if an adjacent site becomes contaminated by a substance migrating from the original site.
Who is Not Responsible for Cleanup?
Under the Act, a person may be exempted from responsibility for the remediation of a site that became contaminated by:
- An act of God or war,
- A third party unconnected with the owner,
- Migration of a substance from another owner's site
- Natural occurances not assisted by human activity,
- An owner, if the owner "innocently acquired" the site.
Please contact a lawyer with contaminated sites legal experience for further information on remediation liability.