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    M. Alex Mcgilvary

Boonville, NC

    CSM Environmental
    P.O. Box 99
    Boonville, NC 27011
    Ph. (336) 367-4145
    Fax (336) 367-4772

Non-commercial Leaking Underground Storage Tank (UST) Trust Fund

In the fall of 2015, the NC Legislature began the “Phase-Out” of the “Non- Commercial” Leaking UST Trust Fund (Non-Commercial Petroleum UST Cleanup Fund).

  • The State of NC generally defines “noncommercial” underground storage tanks to include heating oil tanks with a capacity of 1,100 gallons or less; heating oil tanks with a capacity greater than 1,100 gallons that serve one to four households; and farm or residential motor fuel tanks with a capacity of 1,100 gallons or less that store motor fuel not for resale.

On Sept. 18, 2015, Governor McCrory signed Session Law SL 2015-241 altering the regulations applicable to non-commercial underground storage tanks. These regulatory changes eliminate most of the NC Department of Environmental Quality (NC DEQ) mandated cleanup requirements associated with leaking non- commercial tanks, except for certain emergency spill and release abatement actions.

This change to North Carolina regulations also eliminates the State monies previously available to homeowners and other non-commercial tank owners to assist with the expenses associated with complying with the State environmental regulations. This regulation change is applicable to non-commercial tanks discovered to be leaking after October 1, 2015. As part of this new regulation, the State will completely phase-out the Non-commercial Leaking UST Trust Fund in 2016.

At CSM Environmental, PLLC, we specialize in providing the consulting services to assist potential home buyers, along with property and/or heating oil tank owners to address non-commercial UST concerns. Please contact CSM Environmental to discuss your specific situation regarding a residential heating oil or other non-commercial UST.