Storage tanks of all types may be subject to oversight pursuant to federal, state, and local regulatory schemes. At the federal level, large aboveground petroleum storage tanks are governed by regulations promulgated under the Clean Air Act. Hazardous waste tanks are regulated under both the Clean Air Act and the Resource Conservation and Recovery Act. At the state level, agencies implement and enforce technical and operational standards for many types of aboveground and underground tanks, as well as requirements for tank registration and permitting. Local ordinances and fire codes may also contain specifications for the siting, operation and closure of storage tanks.
MGKF attorneys and technical consultants have years of experience counseling clients on storage tank requirements. We have advised clients ranging from individual heating oil tank owners and automotive service stations to large petroleum storage tank farms, chemical manufacturers, and refineries on the technical standards for siting, operation, and closure of storage tanks, along with the spill planning responsibilities that may be applicable under both state and federal law (such as the Spill Prevention, Control and Countermeasure plan requirements of the federal Clean Water Act, as amended by the Oil Pollution Act of 1990).
Further, we have helped our clients address both the immediate and long-term issues that may arise as a result of storage tank releases, including agency release notification requirements, corrective action procedures, and state cleanup program requirements.
In the litigation context, the firm has defended clients in agency enforcement proceedings and represented both plaintiffs and defendants in private cost recovery actions involving claims under storage tank and other environmental statutes as well as common law. MGKF has also assisted many clients in pursuing insurance funds for remediation of tank releases from both private insurers and state storage tank financial assurance funds. MGKF attorneys are aware of the unique issues that may arise in storage tank litigation, including determining the date of the release for which insurance coverage is sought, identifying and pursuing parties that may have responsibility for the release, and coordinating remedial activities with litigation objectives. More information may be found on our storage tank litigation page.
Representative storage tank matters in which the firm has been involved include the following:
- MGKF counseled the owner of an abandoned bulk petroleum storage facility on tank registration, closure, and related regulatory requirements for several large aboveground storage tanks to facilitate transfer of the property for redevelopment. The firm's representation included extensive negotiation with city and state agencies, resulting in a consent order and settlement agreement allowing conveyance and redevelopment of the site.
- The firm assisted a bulk petroleum distribution facility in all aspects of storage tank regulatory compliance, including air emissions quantification and control, secondary containment, and other equipment-related provisions.
- MGKF has represented a national retail client in the remediation and redevelopment of dozens of former gasoline stations into retail stores. In these matters, we have advised the client and its environmental consultants on storage tank closure and corrective action requirements in various states, strategized on achieving redevelopment goals as part of the tank cleanups, and reviewed reports and agency correspondence during the projects to help ensure successful completion.
Seminars & Speaking Engagements
- February 25, 2016The requirements and best practices you need to know
- October 1, 2013Pennsylvania State ChapterPublished by Matthew Bender
- November 4, 2019
- January 14, 2019
- January 14, 2019
- January 18, 2018
- January 23, 2017
- January 22, 2017
- January 25, 2016
- January 25, 2016
- August 18, 2015
- June 18, 2015
- November 7, 2012
- January 11, 2011
- May 16, 2008
- New Jersey Appellate Division Holds Judicial Estoppel as Available Defense to Spill Act Claims for ContributionJanuary 10, 2019MGKF Litigation Blog
- March 14, 2018MGKF Litigation Blog
- New Jersey Appellate Division Applies Equitable Principles in Allocating Investigation Costs Between Neighboring PRPsMarch 10, 2017MGKF Litigation Blog
- July 24, 2014The Legal Intelligencer
- October 3, 2011Association of Corporate Counsel's "Green-house Counsel"
- January 4, 2011Association of Corporate Counsel's "Green-house Counsel"
- March 1, 2010Association of Corporate Counsel's "Green-house Counsel"
- August 22, 2008Mid Atlantic Real Estate Journal