Oil tank failure due to overfilling and overpressure

pecmsg

There’s a rental in Montauk that advertised fully renovated. Now the Building department is investigating. Apparently no permits were pulled. 

FOOLS!

Treebeard

EBEBRATT-Ed said:

my understanding is that the MFG tests (or is supposed to test the tanks to 5psi).

IIRC, UL80 tanks are only tested to 3 PSI, 5 PSI causes distortion. The tanks are supposed to not fail at 5 PSI. I have seen a vertical obround UL80 tank tested at 5 PSI and it did not look good at all afterward, but it did not leak.

EdTheHeaterMan

It is my opinion as an expert, having caused a tank to rupture during a deliver myself, that I have no opinion on this particular discussion, So a notice to all the legal entities that want to use me as an expert witness, I charge $500.00 per hour plus expenses, to say what ever you want me to say. And I will stand by my statements until death! (unless I change my mind)

Treebeard

Great information, and presentation!

EdTheHeaterMan said:

The vent alarm was still whistling from the back pressure in the tank.

May I add that the whistle doesn't care which way the air is flowing. They will whistle from air being drawn in as the oil runs out too.

Mad Dog_2

"Anything you say, can, and will be used against you in a court of law." A well known phrase... This is a homeowner seeking out information and guidance because it sounds like he's getting stonewalled by the oil delivery company and is desperate for answers.  He's getting FREE professional opinions & avenues of inquiry to look in to.
Any expert witnesses used in a case and hauled in to court will be paid.  If  the oil delivery driver and the company were weighing in here, they would have to be aware of everything they say and write.  As long as the HO is being 100% honest and is consistent, he's got nothing to worry about..  Mad Dog 🐕 

LISteve

Gentlemen, in light of the “legal” concerns, let me change your focus if I might. I would very much appreciate your help on another facet of this spill. I spent considerable money (thousands of dollars) on initial emergency remediation of the spill that evening and a crew worked into the early morning with a huge vacuum truck, large quantities of oil dry and removal of a huge amount of contaminated material. When I learned that my homeowners did not cover the spill and the oil company declined any responsibility, we’ve been doing the enormous cleanup ourselves. All contaminated materials have been removed, the concrete floor is bone dry, walls and footings have no contamination. Everything oil contaminated has been removed. DEC came in and approved of the cleanup and is satisfied though still monitoring our continuing efforts. We are still trying to get rid of the fuel oil smell. After the floor was bone dry and contaminated materials removed, we scrubbed the floor degreasers …Pine Sol (smells worse than the oil), simple green etc and also put down dry Arm and Hammer detergent. We have been running a 12” ducted blower exhausting fumes outside continuously. While it is far better than it was, we need to remedy it. Can you suggest what works to get rid of the smell. Multiple companies offer products claiming to neutralize fuel oil smell…do any of them work? Painting the concrete to seal it with epoxy or other paints seems another option, but there are large areas that didn’t get contaminated but are inaccessible without huge work and I would prefer to eliminate the problem rather than seal it in and I am also concerned if any of the paints will adhere long term if there is still any trace of oil.

Mad Dog_2

White vinegar in cups ..spread out in the basement.  Replace every few days..This works once spill is cleaned up.  Mad Dog 

STEVEusaPA

Here's my problem with this post. There is still NO evidence that the oil company overfilled it. Overfill comes out the vent, and into the site gauge. Yet almost everyone wants to blame the oil company and/or the driver.
The tank could've been over pressured, due to a partially clogged vent. This isn't something and oil company knows or can check, unless the tank stops whistling.
The OP stated in his initial post,
"...There was no apparent oil on the ground outside at the fill and vent lines..." So it wasn't over filled.
Over pressured? Maybe, but that doesn't cause multiple leaks and there would be other signs. The fire marshalls' initial conclusion is irresponsible and probably won't be his testimony on cross examination should this go to a trial.
The only thing I see here is that the union leaked, and if the tank has leaked in other places that's a tank failure, not the oil companies fault either.
Now the way the oil company allegedly handled it wasn't the best. I say 'allegedly' because we don't know their side of the story. You may have called in a way that put them on guard, so they handled it by the book. Which is why they wanted you to sign something, which you didn't have to do. But a good lawyer would rip that apart, forcing you to sign under duress. Also 70 years is a long time for someone to just turn their back on you.
As far as your homeowners insurance, I think you should pursue them with an attorney and maybe a public adjuster. When you got your policy, they would have (should have) asked if you had an oil tank, and would tell you if they include or specifically exclude coverage, or if you needed an addendum for coverage.

Only one time I ever even heard of an insurance company denying a leak/spill claim. A customer of mine who had an outside tank against the house. The tank failed/leaked down the exterior foundation wall, but because it was a 100+ year old house, it had a (can't remember the exact term) loose ruble (stone) foundation, and heating oil leaked into the basement. The insurance company covered everything that happened on the exterior of the house, but nothing on the inside of the house.

The smell.
This is why in my first post I mentioned getting an attorney and in this post even a public adjuster. If it was (about) 130 gallons, getting the smell out is almost impossible to do on your own. You'll need a company who specializes in this. Sometimes, the floor (concrete) has to be jackhammered out and removed/replaced. You need this professionally evaluated.

Treebeard

Often cleanup companies use "ozone generators" to remove the last traces of odors. I don't know how well this works, but IIRC the ozone is dangerous and no people or pets can be in the house during and for some time after the treatment.

I have also heard that fabrics and unsealed wood can hold and then release the odor for long after the cleanup

FWIW, I have read that epoxy coatings on concrete require that the concrete be roughened before application and are extremely slippery unless an abrasive is added to the final coat. Some have said that they can become slippery after the abrasive is worn away.

Again, it is a sad situation, and I wish you the best.