Gasoline Tanks

Jim called, he has temporarily closed down the store 'cause
he said it was too much on him right now. His mother was
moved to a hospice. He's still going to pay the rent and
will open it back up, I guess when she's dead.

He called though to tell me the state was on the outfit that
owns the tanks, they'd been dragging their feet for years.
Pressure's heavy on them now and they offered him 3
options. He wanted to advise me before giving them my
number. Options are:

1. Repair the tanks and we accept them as our liability from
then on. Jim didn't want it and neither did I. They're way
too far gone to repair and it wouldn't last long, just get them
off the hook.

2. Fill the tanks with something and if we accept it's still
our responsibility.

3. Remove the tanks

Jim wants number 3. If something has to happen I guess I
do to. I sent out letters to everyone I could think of to
remove the tanks when I took it back from the oil company.
They likely won't and probably can't afford to do it
properly. Jim was thinking pull them out, fill the holes
with clean dirt and repave over that. That might be a
"dream on" idea.

Number 3 is supposed to include an inspection for
comtaminents so opens that up again. The company
would almost certainly bankrupt before they'd pay for a
cleanup and the liability goes straight to the owner (us).
Oh well.

That pretty much sucks. Can you make that place an LLC or something where only the business is affected if something expensive happens (you aren't personally liable)?

I really can't imagine what is under there. It's been what, 20 years, since gas ran through those pumps? I would think anything there would have evaporated or dissipated, etc. It could be potentially nothing removing decades of worry and free it up to sale or something. I'd go with pull em out, fresh dirt/ pave over. It's possible no one would even come check afterwards.

An LLC or forming a corporation is great protection if you do it
first. Solves nothing later, they go back to the previous owner
which would still be me. The oil companies would be that way
though so they can go broke and it falls back on me.

Yeah, I'm probably going with take the tanks out. I don't think
they'd really agree to pull them anyway.

It's probably been about 10 years since the guys you checked
on (the Nigerians) sold gas. It won't evaporate through the
pavement though, it holds it in. I believe but not 100% sure
that the problem is additives that don't go away. They don't
use lead anymore but if the inspection goes too far it'll reach
back to where the old tank used to be when it was a Shell
station selling leaded gas.

They say it never goes away.

Jim called. TWO guys from the state stopped by.
Said the guy who's company owned the tanks talked to
the inspector last month and just blew smoke up
his a**.

They said he hadn't paid the tank fees for over two years
and wasn't in compliance. They said that if his company
couldn't or wouldn't take care of it that it fell back to the
property owner.

They asked Jim for my telephone number but he told
them he didn't have it on him (although he had his
phone and it was on it).

Looks like the pace it picking up.

Hmmm. Yeah, doesn't look like it's going away. Sounds crazy that he owns the tanks but if he doesn't take care of it, it falls back on you. Maybe, you don't take care of it..Who's it fall back on then?
Gotta like Jim though.. Maybe he will never have your number on him!

Is he back in the store now and open for business?

rockhump wrote:

Is he back in the store now and open for business?

No, the store itself is not in use right now. He has the
woodlot behind it and is selling firewood there. Says
his mother is dying (I wish Honey hadn't asked him again).
He wants to stay able to drop what he's doing and go
to her any time she needs him.

He's still planning his remodel for the building to a country
restaurant but it's going to be part time. They'll serve
breakfast and lunch, evening meals maybe twice a week.
Going to put an awning on the front with timber supports
and paint the awning hunter green.