Yes, owning a tank in South Carolina is legal but subject to stringent state and local regulations. The South Carolina Department of Health and Environmental Control (DHEC) oversees tank ownership under the South Carolina Pollution Control Act and Solid Waste Policy Act, with compliance required for both above-ground and underground storage tanks. Recent 2026 amendments to DHEC’s Tank Management Regulations mandate enhanced leak detection and financial responsibility for owners, particularly for tanks holding hazardous substances. Local ordinances may impose additional restrictions, such as zoning limitations or setback requirements, necessitating consultation with county or municipal authorities before acquisition.
Key Regulations for Owning a Tank in South Carolina
- Registration and Permitting: All tanks with a capacity exceeding 110 gallons must be registered with DHEC under the Underground Storage Tank (UST) Program or Above-Ground Storage Tank (AST) Program, depending on configuration. Unregistered tanks risk civil penalties up to $10,000 per violation under S.C. Code Regs. 61-92.200.
- Leak Detection and Maintenance: Tanks must implement DHEC-approved leak detection systems, including monthly inspections for USTs and annual integrity testing for ASTs. Failure to comply triggers mandatory corrective action, with costs borne by the owner under S.C. Code Ann. § 44-1-140.
- Financial Assurance: Owners of regulated tanks must demonstrate financial responsibility (e.g., insurance or surety bonds) to cover cleanup costs, as required by S.C. Code Regs. 61-92.400. The 2026 updates increase bond minimums to $1 million for hazardous substance tanks.