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H. 3292
STATUS INFORMATION
General Bill
Sponsors: Reps. Duncan, Miller, Hagood and R. Brown
Document Path: l:\council\bills\nbd\11144ab07.doc
Introduced in the House on January 17, 2007
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Underground storage tanks
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/17/2007 House Introduced and read first time HJ-14
1/17/2007 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-15
3/27/2007 House Committee report: Favorable with amendment Agriculture,
Natural Resources and Environmental Affairs HJ-3
3/29/2007 House Member(s) request name added as sponsor: Hagood
3/29/2007 House Requests for debate-Rep(s). Limehouse, Duncan, Umphlett,
Hagood, Hardwick, Kirsh, R Brown, Witherspoon, EH
Pitts, Frye, Hiott, Skelton, and Mulvaney HJ-30
4/11/2007 House Recommitted to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-35
5/8/2007 House Member(s) request name added as sponsor: R.Brown
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 27, 2007
H. 3292
S. Printed 3/27/07--H.
Read the first time January 17, 2007.
To whom was referred a Bill (H. 3292) to amend Section 44-2-60, Code of Laws of South Carolina, 1976, relating to the registration of underground storage tanks and related environmental impact fee, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 44-2-60(A), as contained in SECTION 1, page 1, beginning on line 28 and inserting:
/(A) The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred thirty-five dollars a tank; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred dollars a tank a year. No person may place a regulated substance and no owner or operator may cause a regulated substance to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The department may not issue a registration certificate until all past and present fees and penalties owed on a tank are paid. The department may not issue a registration certificate to any owner or operator who has not complied with all terms of a consent or final administrative order issued under Section 44-2-140.
All fees are due to the department within thirty days of billing. The department shall issue a late notice, with no penalty due, to an underground storage tank owner or operator who has unpaid fees thirty days after billing. An owner or operator who fails to pay the fees within sixty days of the initial billing must pay a ten percent penalty in addition to the ten percent penalty for any fees remaining unpaid ninety days after the initial billing. An owner or operator with unpaid fees ninety days after the initial billing is subject to additional enforcement action as provided for in Section 44-2-140.
The department may not disburse Superb Account or Superb Financial Fund monies to any person or persons for the rehabilitation of a petroleum or petroleum product release from any underground storage tank or underground storage tank system where all past and present fees and penalties owed on the applicable tank have not been paid.
The funds generated by the registration and late penalty fees may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year the total amount collected from funds received by federal grant, interest, registration, and late penalty fees. /
Renumber sections to conform.
Amend title to conform.
WILLIAM D. WITHERSPOON for Committee.
TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND RELATED ENVIRONMENTAL IMPACT FEE, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AND TO INCREASE THE ENVIRONMENTAL IMPACT FEE FROM ONE-HALF CENT A GALLON TO ONE CENT A GALLON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-2-60 of the 1976 Code is amended to read:
"Section 44-2-60. (A) The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred dollars a tank a year. No person may place a regulated substance and no owner or operator may cause a regulated substance to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The department may not issue a registration certificate until all past and present fees and penalties owed on a tank are paid. The department may not issue a registration certificate to any owner or operator who has not complied with all terms of a consent or final administrative order issued under Section 44-2-140.
All fees are due to the department within thirty days of billing. The department shall issue a late notice, with no penalty due, to an underground storage tank owner or operator who has unpaid fees thirty days after billing. An owner or operator who fails to pay the fees within sixty days of the initial billing must pay a ten percent penalty in addition to the ten percent penalty for any fees remaining unpaid ninety days after the initial billing. An owner or operator with unpaid fees ninety days after the initial billing is subject to additional enforcement action as provided for in Section 44-2-140.
The department may not disburse Superb Account or Superb Financial Fund monies to any person or persons for the rehabilitation of a petroleum or petroleum product release from any underground storage tank or underground storage tank system where all past and present fees and penalties owed on the applicable tank have not been paid.
The funds generated by the registration and late penalty fees may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year the total amount collected from registration and late penalty fees.
(B) In addition to the inspection fee of one-fourth cent a gallon imposed pursuant to Section 39-41-120, an environmental impact fee of one-half cent a gallon is imposed which must be used by the department for the purposes of carrying out the provisions of this chapter. This one-half cent a gallon environmental impact fee must be paid and collected in the same manner that the one-fourth cent a gallon inspection fee is paid and collected except that the monies generated from these environmental impact fees must be transmitted by the Department of Agriculture to the Department of Health and Environmental Control which shall deposit the fees as provided for in Section 44-2-40."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
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