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Publication #FE777

The Florida Agricultural Handbook of Solid and Hazardous Waste Regulation: Underground Storage Tanks1

Michael T. Olexa and Ian Goldfarb2

What is an underground storage tank?

An underground storage tank is any storage tank that has more than 10 percent of its volume below the surface of the ground. This 10 percent includes piping. Underground storage tanks are considered special hazards and are regulated by the Florida Department of Environmental Protection (DEP). Title 62-761 (passed in 1990) refers solely to underground storage tanks, with only a few exemptions from regulation. Requirements are updated on a regular basis (e.g., all underground storage tanks need to have secondary containment devices installed by either 2009 or 2010). Check with local or state governments frequently to ensure continued compliance in this area of changing laws and restrictions.

What underground storage tanks are exempt from regulation?

The exemptions include, among others,

  • any storage tank system with an individual capacity of 110 gallons or less;

  • any agricultural storage tank system with a capacity of 550 gallons or less;

  • any storage tank system used for storing less than 30,000 gallons of heating oil for consumptive use on the premises where stored;

  • any tank that contains asphalt or asphalt products not containing other regulated substances;

  • any storage tank system that contains small quantities of regulated substances, provided that the quantities are roughly the same as those in household products;

  • storage tank systems used solely for temporary storage of mixtures of pesticides and diluters for reapplication as pesticides;

  • any surface impoundment, pit, pond, or lagoon;

  • any stormwater or wastewater collection system;

  • any residential storage tank system.

Most farmers and ranchers will meet one or more of these exemptions, and their underground storage tanks will not be subject to regulation under this particular rule. Any discharges or leaks will still be regulated under the federal RCRA (Resource Conservation and Recovery Act), the state's RRMA (Resource Recovery and Management Act), and any other statute that may apply. If you do not fall within these exemptions, we recommend that you contact the regional DEP office in your area for more information on the regulation of underground storage tanks (FE786, Contact Agencies).

Footnotes

1.

This is EDIS document FE777, a publication of the Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. Published November 2008. Please visit the EDIS website at http://edis.ifas.ufl.edu.

Disclaimer: This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and that the information contained herein should not be regarded or relied upon as a substitute for professional advice. This handbook is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, using these materials constitutes an agreement to hold harmless the authors, the Center for Agricultural and Natural Resource Law, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person or party as a result of reference to or reliance upon the information contained in this handbook.

2.

Michael T. Olexa, professor, Food and Resource Economics Department; director, Center for Agricultural and Natural Resource Law, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL; and member, Florida Bar and Agricultural Law Committee of the Florida Bar; and Ian Goldfarb, graduate student, Levin College of Law and Hough Graduate School of Business, University of Florida, Gainesville, FL.

The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.

U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Larry Arrington, Dean.