S 412 Session 111 (1995-1996)
S 0412 General Bill, By Elliott
A Bill to amend Section 44-2-20, as amended, Code of Laws of South Carolina,
1976, relating to definitions in the State Underground Petroleum Environmental
Response Bank Act, so as to include aboveground storage tanks in the
definition of underground storage tanks.
01/25/95 Senate Introduced and read first time SJ-6
01/25/95 Senate Referred to Committee on Labor, Commerce and
Industry SJ-6
A BILL
TO AMEND SECTION 44-2-20, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS IN THE STATE UNDERGROUND PETROLEUM
ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO
INCLUDE ABOVEGROUND STORAGE TANKS IN THE
DEFINITION OF UNDERGROUND STORAGE TANKS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-2-20(14) of the 1976 Code, as last
amended by Part II, Section 80, Act 497 of 1994, is further
amended to read:
"(15) `Underground storage tank' means any one or
combination of tanks, including underground pipes connected
thereto to it, which is used to contain an
accumulation of regulated substance, and the volume of which is
ten percent or more beneath the surface of the ground. This
term includes any one or combination of tanks located above the
ground which is used to contain an accumulation of regulated
substance including aboveground pipes connected to the tank or to
an underground storage tank. The term does not include any:
(a) farm or residential tank of one thousand one hundred
gallons or less capacity used for storing motor fuel for
noncommercial purposes;
(b) tank used for storing heating oil for consumptive use on
the premises where stored;
(c) septic tank;
(d) pipeline facility, including gathering line, regulated under
the Federal Natural Gas Pipeline Safety Act of 1968 or the Federal
Hazardous Liquid Pipeline Safety Act of 1979, or any pipeline
facility regulated under state laws comparable to the provisions of
these federal provisions of law;
(e) surface impoundment, pit, pond, or lagoon;
(f) storm water or wastewater collection system;
(g) flow-through process tank;
(h) liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations;
(i) storage tank situated in an underground area, such as a
basement, cellar, mineworking, drift, shaft, or tunnel, if the
petroleum storage tank is situated upon or above the surface of the
floor;
(j) hydraulic lift reservoirs, such as for automobile hoists and
elevators, containing hydraulic oil; or
(k) any pipes connected to any a tank which
is described in subitems (a) through (j)."
SECTION 2. The amendments to Section 44-2-20(15) of the
1976 Code, as added by Section 1 of this act, apply to aboveground
storage tanks and to aboveground pipes connected to the tank or to
an underground storage tank that were in place before January 1,
1994.
SECTION 3. This act takes effect upon approval by the
Governor.
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