COMPLIANCE FREQUENTLY ASKED QUESTIONS

What's the County storage tank law?

Does Brevard County have any special permit or plan review requirements for installation, repair, and/or removal of storage tanks and associated systems?

What kinds of tanks are regulated?

How do I get rid of heating oil tanks at my house.

What kinds of spills require cleanup?

How do I report a discharge?

Who is responsible for cleanup?

Do we need to contact DEP about our tanks or spills?

Can Brevard County recommend a Pollutant Storage System Speciality Contractor (PSSSC)?

Q: What’s the County storage tank law?

A: Brevard County does not have its own storage rule. The Natural Resources Management Office Compliance Section is under contract to the Florida Department of Environmental protection for the inspection and regulation of regulated storage tank systems in the County. The applicable rule is Chapter 62-761 and 62-762, Florida Administrative Code.  These are the statewide petroleum storage tank codes for Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs), respectively.

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Q: Does Brevard County have any special permit or plan review requirements for installation, repair, and/or removal of storage tanks and associated systems?

A: Brevard County does not not have any special permitting or plan review other than the normal building department review.  However, please remember to contact Brevard County NRMO 30 days, 48-hours, and 24-hours prior to any installation, repair, or removal activities as required under Chapters 62-761 and 62-762, Florida Administrative Code (F.A.C.)

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Q: What kinds of tanks are regulated?

A: Aboveground pollutant storage tanks (ASTs) with capacity greater than 551 gallons.
Underground petroleum and hazardous substance tanks (USTs) with capacity greater than 110 gallons.
Residential USTs greater than 1100 gallons (Federal Regulation); otherwise all residential tanks (including but not limited to propane tanks, heating oil tanks, etc.) are exempt from regulation.
See section 300 of Chapter 62-761, F.A.C. for applicability and exemptions, and
Section 200 for definitions.

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Q: How do I get rid of heating oil tanks at my house?

A: These tanks are unregulated, meaning a licensed contractor is not required for removal. However, leaks from these tanks ARE regulated under the cleanup rule, so care must be taken during removal to insure the safety of the contractor and homeowner and to prevent spills. We recommend that experienced tank contractors be used for the job!

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Q: What kinds of spills require cleanup?

A: You must report a sheen or free product in the water or soils on or near a regulated facility (one with regulated storage tanks), the results of analytical data from soil or groundwater showing concentrations of regulated substances above State guidelines, or the release of 25 gallons of petroleum or petroleum products to soil or other pervious surface, regardless of the source. If, after a spill or release is reported, our cleanup section determines a contamination problem exists, as defined in Chapter 62-770, Florida Administrative Code, cleanup will be required.

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Q: How do I report a discharge?

A:  Petroleum discharges greater than 25 gallons to land from a regulated OR unregulated storage system within Brevard County should be reported to Brevard County NRMO.  The responsible party (RP) or its agent must then file a Discharge Report Form (DRF), DEP Form # 62-761.900(1), within 24 hours of discovery of the confirmed discharge.

Discharges of petroleum not associated with a storage system, non-petroleum discharges (e.g. hazardous waste), or discharges to water must be reported to State Warning Point at 1-800-320-0519.  Environmental crimes (e.g. illegal dumping) can also be reported by dialing *DEP on your Sprint or Nextel phone.

All emergenices (e.g. truck overturned, leaking drums, etc.) should be reported immediately to State Warning Point at 1-800-320-0519 and/or the local fire department (9-1-1). 

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Q: Who is responsible for cleanup?

A: The quick answer is the property owner. With regulated systems, all owners or operators are required to provide $1,000,000 in cleanup and third party liability coverage for releases. In addition, the State has offered a variety of “amnesty” and assistance programs over the years. Under the conditions of these programs, the State agrees to perform assessment and cleanup at participating sites, after the owner pays a variable deductible fee, dependent on when participation in the program began and for which specific program the owner is eligible. The eligibility dates for all but one of these programs has expired. If you are not now participating, you are not eligible. The Indigent Owner program still exists. Under it, the Department will make arrangements to assist owners in performing cleanup activities and arrange equitable repayment schedules if they are inable to pay for the cleanup themselves.

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Q: Do we need to contact Florida Department of Envrionmental Protection (FDEP) about our tanks or spills?

A: The Brevard County Natural Resources Management Office is the contractual agent of FDEP in the County for tanks, cleanup and small quantity hazardous waste generation. When you speak with us, you are speaking with FDEP’s authorized representatives.

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Q: Can Brevard County recommend a Pollutant Storage System Speciality Contractor (PSSSC)?

A: The Brevard County Natural Resources Management Office cannot recommend a specific certified PSSSC contractor.  A list of PSSSC (or other type) contractors can be found at the Florida Department of Business & Professional Regulation (BPR) website at:  https://www.myfloridalicense.com/wl11.asp.  We recommend that you solicit bids and request references from multiple contractors to get the best quality service for the price.

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For more petroleum and hazardous materials FAQs see also "Remediation FAQ" and "HAZMAT FAQ".  For any additional questions please call (321) 633-2017.