A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 46, ENTITLED "AGING PETROLEUM TANK REPLACEMENT PROGRAM" SO AS TO DEFINE TERMS AND OUTLINE PROGRAM REQUIREMENTS; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 1, TITLE 46 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS".

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 46 of the S.C. Code is amended by adding:

 

Article 3

 

Aging Petroleum Tank Replacement Program

 

    Section 46-1-310. For purposes of this article:

    (1) "Aging petroleum tank" means a petroleum tank installed or made before January 1, 2004.

    (2) "Department" means the Department of Agriculture.

    (3) "Qualifying farm" means a farm measuring one thousand four hundred fifty acres or less.

    (4) "Petroleum storage tank" means any one or combination of tanks, including pipes connected to it, which is used to contain petroleum.

 

    Section 46-1-320. (A) An owner of a qualifying farm currently engaged in agriculture may apply to the department for a grant to reimburse the reasonable costs in removing or replacing a petroleum storage tank if:

       (1) the owner is not the United States government or its subsidiaries;

       (2) the owner's principal office is domiciled in this State;

       (3) the owner is otherwise in compliance with all state requirements for engaging in his type of agriculture; and

       (4) the tank is considered an aging petroleum tank.

    (B) The grant is for no more than five thousand dollars, or the cost of removing or replacing a petroleum storage tank so long as this reimbursement amount represents no more than fifty percent of the total costs of removing or replacing an underground, petroleum storage tank, or twenty-five percent of removing or replacing an above ground, petroleum storage tank.

    (C) The department may promulgate regulations related to the application, review, and award of grants.

 

SECTION 2.  The existing provisions of Chapter 1, Title 46 are designated as Article 1 entitled "General Provisions".

 

SECTION 3.  This act takes effect upon approval by the Governor.

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