Storage tanks hold fuel, chemicals and other hazardous liquids. When these tanks leak, the environmental impact can spread far beyond the initial site. In New Jersey, this is a significant concern because there are thousands of underground storage tanks (USTs) all over the state. Over time, these leaks can impact soil and groundwater across many local communities.
How contamination spreads to neighboring properties
When a storage tank leaks, harmful chemicals seep into the ground. Then, they move through the soil until they reach the groundwater. This contamination does not stop at property lines because groundwater flows naturally.
As a result, neighboring well water is no longer safe for consumption. Additionally, some chemicals release toxic vapors that rise through the soil and enter buildings. Experts call this vapor intrusion. When this happens, some homes located near a known leak may need testing.
Legal responsibilities under New Jersey law
Under the Spill Compensation and Control Act, the party responsible for the discharge is strictly liable for all cleanup and removal costs. This means the owner must pay for the remediation regardless of whether they were at fault for the leak.
However, if a neighbor wants to sue for private damages—such as a drop in property value—the legal path is different. For residential cases, New Jersey courts often require the victim to prove negligence. Simply showing that a leak occurred may not be enough to win a lawsuit for personal damages.
Steps affected property owners should take
If you suspect a nearby tank has contaminated your land, you must act quickly. First, contact the New Jersey Department of Environmental Protection (NJDEP) to report the issue. They have the power to order an investigation and force the responsible party to begin a cleanup.
Next, consult a qualified attorney. NJ environmental law is complex and strict deadlines apply. Missing them could cost you the right to file a claim. You should also document everything: water test results, health symptoms and any drop in your property value. Understanding your rights is the first step toward protecting your home and the environment.