Oil Tanks on Long Island: Removal, Abandonment, and Buying or Selling a House With One

A lot of Long Island houses heated with oil at some point. Plenty still do, and plenty converted to gas years ago. Either way, the oil tank is one of the questions that comes up in almost every sale I handle: where is it, how old is it, and what happened to it?

Most of the time the answer is simple and the paperwork exists. When it doesn't, an old tank can hold up a closing for weeks. Here's how it works in Nassau and Suffolk, what buyers and their attorneys ask for, and what to do if you're not sure what's in your yard.

The short version

Buyers want proof, not a story. If a tank was removed or abandoned, the documentation is what matters.
In Nassau, residential tanks of 1,100 gallons or less are closed through the County Department of Health, and you can print a verification letter for closures filed after August 1, 1986.
In Suffolk, closures are done under Article 12 of the Suffolk County Sanitary Code, and your town may have its own requirements.
Converting to gas? State code requires the old tank to be emptied and removed or properly abandoned, with the fill pipe removed or filled with concrete.
A leak is a different problem. Petroleum spills generally have to be reported to the DEC Spill Hotline within 2 hours.

The Three Situations I See Most

Situation	What buyers will ask	What to have ready
Active tank in the basement, garage or yard	How old is it? Above ground or buried? Any leaks or service issues?	Approximate age, location, size, and any service or inspection records
Old tank removed or abandoned after a gas conversion	Was it done properly, and is there paperwork?	County verification letter or closure documentation, plus the contractor's paperwork
Unknown: a fill pipe in the yard, a house that "used to be oil," no records	Is there a buried tank? Has it leaked?	Answers before you list, not in the middle of a negotiation

Removal vs. Abandonment in Place

When a tank comes out of service, it's either removed or abandoned in place. Both can be legitimate. What matters is that it's done correctly and documented.

Removal

The remaining oil and sludge are pumped out, the tank and its piping are removed (or the piping is cut and capped), and the closure is inspected. With a buried tank, removal also lets everyone see the soil around it, which is why some buyers prefer it.

Abandonment in place

The tank is emptied and cleaned, then filled with an approved inert material such as sand, concrete slurry or approved foam. The piping is cut below grade and capped. Abandonment is common when a buried tank sits under a driveway, a deck or close to the house.

In Nassau, the County Department of Health says above-ground tanks should be removed when they're replaced, including when a house converts to gas. Underground tanks can be removed or abandoned.

Which one makes sense for your house is a question for a licensed tank contractor who has actually looked at it. I'll tell you how buyers in your area tend to react to each.

Nassau County: How Tank Closures Work

Residential heating oil tanks of 1,100 gallons or less fall under Article XI of the Nassau County Public Health Ordinance and are handled by the Nassau County Department of Health. Larger tanks fall under a separate county petroleum bulk storage program.

Scheduling: removals and abandonments are scheduled with the Department at least 7 days in advance, Monday through Friday. Your contractor normally handles this.
Fees: the county lists $90 per tank removed and $70 per tank abandoned. These are county fees, separate from what the contractor charges.
Verification letter: for closures filed after August 1, 1986, you can search by address and print a verification letter once the Department has confirmed the work. That letter is the document buyers and attorneys want to see.
Responsibility: the county says the homeowner is ultimately responsible for making sure the closure is reported, even when a contractor did the work.
Missing records: if a tank was closed but never filed, the county lists (516) 227-9691 for help.

The county also notes that many realtors, attorneys and home inspectors now ask for tank closure documentation before a sale, and that tanks 30 or more years old may be at risk of failing. Everything above is on the county's small heating oil tank page.

Some villages have their own permit requirements too. A contractor who works in your village regularly should know them.

Suffolk County

In Suffolk, residential tank closures are done in accordance with Article 12 of the Suffolk County Sanitary Code, and proof of a proper closure is submitted to the Suffolk County Department of Health Services. Some Suffolk towns also have their own tank rules and notification requirements through the town building department.

Ask your contractor what documentation you'll get at the end, and keep it with your house records. If you can't find paperwork for an older closure, start with the Department of Health Services and your town building department.

The state DEC says most home heating oil tanks are under 1,100 gallons and not regulated by its Petroleum Bulk Storage program, and it tells Nassau and Suffolk residents to check with their county health department. See the DEC's homeowner guide to underground heating oil tanks.

Converting From Oil to Gas

If you're switching off oil, the old tank doesn't just get left there. Under the New York State Uniform Code, as summarized in the Department of State's home heating oil conversion notice:

The tank and piping are emptied and the oil disposed of properly.
The fill pipe is permanently removed or filled with concrete, so oil can't be delivered into a tank that's out of service.
Underground tanks abandoned in place are filled completely with an approved inert material.
The work is inspected by a building official or approved inspector.
Each oil supplier gets written notice of the conversion and is told to stop deliveries.

The notice also says the owner should keep a record of the tank's size, location and abandonment date. Local rules can add to these requirements, and in Nassau the county closure process above still applies.

Not Sure There's a Tank? Here's Where to Look

Outside: a fill pipe or vent pipe sticking out of the lawn, the side of the house or near the driveway.
In the basement: copper or steel lines coming through the foundation wall toward the boiler, or an old pipe stub that goes nowhere.
Your records: closing documents from when you bought, old oil delivery bills, the building department file for your property, and in Nassau, the county's verification letter search.
Spill history: the DEC's Spill Incidents Database has reported spills going back to 1978. Search by address.
A tank sweep: tank contractors can scan the property to locate a buried tank. If there are signs of one and no paperwork, this is money well spent before you list.

Selling a House With an Oil Tank

An active tank doesn't stop a sale. A buried tank with no paperwork, or an abandoned tank with no proof, is what slows things down. From the selling side, here's how I approach it:

Find out what you have before the house goes on the market.
Pull the paperwork: the verification letter in Nassau, closure records in Suffolk, contractor invoices.
If there's a gap, decide early whether to handle it before listing or price for it. Buyers negotiate much harder over a surprise than over a known item.
Tell your attorney what you know. New York's property condition disclosure form asks about fuel storage tanks.

The tank is just one piece of prep. See my full guide to getting your Long Island house ready to sell.

Buying a House With an Oil Tank

Ask early whether there's a tank now or was one in the past, and where.
Ask for the closure documentation for any tank that was removed or abandoned.
Have your home inspector look for signs of a buried tank, and talk to your attorney about how to handle a tank issue in the contract.
Check with your insurance agent before closing. Nassau's Department of Health notes that coverage for tank problems varies by policy.

If a Tank Leaks

A leaking tank is an environmental issue, not just a repair. According to the DEC, petroleum spills generally must be reported to the NYS Spill Hotline at 1-800-457-7362 within 2 hours of discovery. The narrow exception is a spill under 5 gallons that's contained, hasn't reached water or land, and is cleaned up within 2 hours.

The New York State Department of Health warns that in many cases the costs of a home heating oil spill may not be covered by homeowner's insurance. Talk to your insurance agent before there's a problem, not after. The state's Oil Spill Fund pays for cleanups when the responsible party doesn't, and handles claims from people damaged by a spill.

If you're mid-sale and a leak turns up, call your attorney right away. This is not something to sort out over email between agents.

Oil Tank FAQ

Do I have to remove my oil tank before I sell my house on Long Island?

Not necessarily. An active, functioning tank can stay. What you need is a clear answer about any old tank, and documentation that a removed or abandoned tank was closed properly.

How much does Nassau County charge for an oil tank removal or abandonment?

The Nassau County Department of Health lists $90 per tank removed and $70 per tank abandoned for residential tanks of 1,100 gallons or less. Contractor costs are separate.

How do I get proof my oil tank was abandoned in Nassau County?

For closures filed after August 1, 1986, search by address on the county's small heating oil tank page and print a verification letter. If the closure was never filed, call the Department of Health at (516) 227-9691.

Is it better to remove or abandon a buried oil tank?

Both are accepted when done correctly. Removal lets everyone see the tank and the soil around it. Abandonment is common when the tank is under a driveway, deck or close to the foundation. A licensed tank contractor should look at your property and recommend one.

Who do I call if my oil tank is leaking?

The NYS DEC Spill Hotline, 1-800-457-7362. Petroleum spills generally must be reported within 2 hours of discovery. Then call your insurance agent, and your attorney if you're in the middle of a sale.

Does switching from oil to gas mean I have to deal with the old tank?

Yes. State code requires the tank to be emptied and either removed or properly abandoned, with the fill pipe removed or filled with concrete and the work inspected.

Selling a House With an Old Tank? Let's Figure It Out First.

I'd rather find a tank problem before we list than in the middle of a negotiation. I'll go through the house with you, tell you what buyers in your area will ask, and give you a straight number on what it will sell for. I'm John Cordeira, Broker/Owner of Cordeira Homes, with more than 20 years selling Long Island homes.

Talk to John What's My Home Worth?

What Should I Add to My Oil Tank Guide?

If you remove tanks, inspect houses or close deals on Long Island, you've seen tank situations I haven't. If you've dealt with one as a homeowner, you know what the process actually felt like. Tell me what belongs here.

Tell Me What I Should Add

More guides for Long Island homeowners: Homeowner & Seller Resources

This guide is general information, not legal or environmental advice. Rules and fees change, so confirm current requirements with your county health department, your town or village, and a licensed tank contractor.

John Cordeira
Broker/Owner, Cordeira Homes
#RippedRealtor