Oil leaked onto my property.

[zowenso]

I'll try to sum this up quickly. My wife and i bought our first house dec/31/2004. Three months later oil was coming up through our basement floor. DEP, home insurance got involved and they tried to clean it up.....$150,000.00 and 3 years later we still have oil in our basement. They found the source 2 properties up hill from us, after attempted clean up. The guy had a 1,300 gallon tank that he stopped using and didnt remove that was like swiss cheese. My home owners insurance went after him for the 150K. He has 7 or so properties that all already have leans on them so getting money is going to be tough. He is on the hook to continue clean up which is going to be BIG$$$, his lawyer met with my insurance companies lawyer to lift a few leans so he could access some money to continue clean up. I called the DEP yesterday to see how the progress was going and they told me that the guy was doing everything he could to get financing to continue clean up but i was told with the economy he is having a hard time with the bank. I asked the DEP "what will happen if he can never get the money to continue clean up will you (dep) come in and clean it up?" i was told no because there in no imminent hazard to my daughter, wife and my health since they did air test's and everything came back ok, air wise. So my question is..........if the owner of the source oil cant get the money for clean up and the DEP wont clean up the oil are we really going to have to live with this oil under our house for ever? Our concern is that we will never be able to sell our house due to someone elses stupidity. We are the victims and is seems we are the losers too, makes no sense to us! Any help? owen