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Practices

Underground Storage Tank Regulation

Issues regarding underground storage tanks emerge often for our clients, whether they are engaged in the sale or purchase of real estate, a bank refinancing or just operating their business from day-to-day.  Brouse McDowell’s environmental lawyers work regularly with these issues and stay up-to-date with the rapidly changing underground storage tank regulations in Ohio.

We advise our clients on applicable requirements under BUSTR for operating and maintaining underground storage tank systems, removing and replacing underground storage tank systems, reporting and corrective action requirements in the event of a leak or a spill and registration and insurance issues.  We also represent clients in seeking reimbursement from the PUSTRCB.

Representative Matters:

  • Worked with petroleum marketers to ensure compliance with all applicable BUSTR regulations, as well as remediation of property should there be a release from a UST
  • Successfully worked on appeals before the PUSTRCB for reimbursement
  • Defended client in enforcement action regarding removal of USTs
  • Represented golf course owner/private country club in connection with UST corrective action
  • Represented major oil company in connection with remediation of historical releases from former gas station UST systems, including negotiating access and indemnification agreements
  • On behalf of independent gas station owner, pursued cost recovery in connection with removal and remediation of abandoned USTs from former owners
  • On behalf of seller, negotiated removal, remediation and indemnification of buyer by former owner of abandoned UST, to facilitate sale of property