Yes, owning a tank in Florida is legal but subject to stringent state and local regulations. The Florida Department of Environmental Protection (FDEP) and county health departments enforce rules on storage, handling, and disposal of hazardous materials. Recent 2026 compliance shifts require secondary containment for all above-ground tanks exceeding 60 gallons, aligning with federal SPCC guidelines. Violations may result in fines up to $10,000 per day under Florida Statute § 403.141.
Key Regulations for Owning a Tank in Florida
- Permitting Requirements: All tanks storing hazardous substances (e.g., petroleum, chemicals) must be registered with the FDEP. Underground storage tanks (USTs) require a separate permit under Chapter 62-761, F.A.C., with mandatory leak detection systems.
- Location Restrictions: Tanks cannot be sited within 100 feet of potable water wells or 50 feet of surface water bodies per Florida Administrative Code Rule 62-761.400(3). Urban areas may impose additional setback rules via local zoning ordinances.
- Inspection & Maintenance: Annual inspections are mandatory for tanks over 1,100 gallons. The FDEP’s 2026 updates mandate digital reporting of inspection results within 30 days, with third-party certification required for tanks holding >5,000 gallons of regulated substances.