My house has a heating oil tank buried in the back yard. Does the DES require me to maintain or remove this tank?
DES does not regulate underground tanks that store heating oil for residential use (heat and hot water) regardless of the size. As long as there is no business in your home, the DES does not govern the maintenance or removal of the underground heating oil tank where you live. However, if a spill or release should occur from your tank, you are responsible for reporting the incident to DES. A State fund called Petroleum Reimbursement is available to assist qualifying homeowners in cleaning up residential spills or releases. More information on correct installation and fund regulations dealing with On-Premise-Use-Facilities (OPUFs) is available on the Remediation Programs (SRPs) homepage under SAFETANK/Spill Prevention.
You should also be aware that some towns or cities in New Hampshire might have separate ordinances regulating underground storage tanks. We advise the tank owner to contact the town or city in which the tank is located to determine if any local ordinances apply.
I am thinking of buying a gas station in a town in New Hampshire, I don’t think the Underground Storage Tanks were ever registered and they need to be removed. What do I need to do?
Underground Storage Tanks (USTs) are regulated through the Oil Remediation and Compliance Bureau (603) 271-3644. All commercial tanks over 110 gallons that were in the ground after 1985 are required by law to be registered with the state. If you purchase the property, you are responsible for registering the tanks (if they have not been registered) and removing them if they need to be. Contact the UST program at (603) 271-2986 for specific requirements. The Underground Storage Tank Facilities List can be viewed on the DES, SRP and Waste Management Divisions home pages under the One Stop Program.
How do I know if my gas station (or other facility with USTs) is in compliance with State regulations?
A compliance checklist entitled UST Compliance Audit Checklist for Third Party Inspections allows you to determine your compliance status is available from the UST program. A Third Party Inspectors List is available from the UST program should you need assistance completing the UST Compliance Audit Checklist.
NH Department of Environmental Services | 29 Hazen Drive | PO Box 95 | Concord, NH 03302-0095
(603) 271-3503 | TDD Access: Relay NH 1-800-735-2964 | Hours: M-F, 8am-4pm