It is strictly regulated.
New York’s laws tightly control tank ownership due to environmental and safety risks. Private individuals may own tanks, but compliance with DEC and local fire codes is mandatory. Federal EPA rules (e.g., SPCC plans) apply to larger storage tanks, while NYC’s 2026 amendments impose stricter permitting for above-ground tanks. Violations risk fines exceeding $10,000 per day.
Key Regulations for Owning a Tank in New York
- Environmental Conservation Law (ECL) § 17-1703: Requires DEC permits for tanks storing hazardous substances or petroleum products exceeding 1,100 gallons. Underground storage tanks (USTs) must comply with leak detection and corrosion protection standards under 6 NYCRR Part 613.
- New York City Fire Code (FC): Mandates permits for tanks over 60 gallons in residential zones, with additional restrictions in flood zones post-2026 amendments. Tanks must meet UL 142 or FM 1170 standards for construction and installation.
- Local Health Department Oversight: Counties like Nassau and Suffolk enforce additional setback rules for tanks near wells or wetlands. Failure to register tanks with the DEC’s Petroleum Bulk Storage (PBS) program triggers automatic penalties under ECL § 17-1745.