H*3270(Rat #0211, Act #0177 of 2010)  General Bill, By Duncan, Hodges, Allison, 
Parker, Weeks, Wylie and Whipper
 AN ACT TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH
 NEW ANNUAL RENEWAL FEES THAT WILL BE IN EFFECT FOR THE YEARS 2012 THROUGH 2015
 OR UNTIL THE SUPERB ACCOUNT IS CREDITED WITH AN ADDITIONAL THIRTY-SIX MILLION
 DOLLARS FROM THE INCREASE IN IT SOURCES OF INCOME, TO REQUIRE THAT THE
 ADDITIONAL REVENUE GENERATED FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE
 SUPERB ACCOUNT, TO RESTRICT THE USES FOR THE ADDITIONAL REVENUE, AND TO REVISE
 THE MAXIMUM AMOUNT THAT MAY BE USED FOR ADMINISTRATIVE PURPOSES. - ratified
 title

   01/14/09  House  Introduced and read first time HJ-17
   01/14/09  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-17
   02/19/09  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   02/24/09  House  Member(s) request name added as sponsor: Hodges,
                     Allison, Parker
   02/25/09  House  Member(s) request name added as sponsor: Weeks
   02/26/09  House  Member(s) request name added as sponsor: Wylie, Whipper
   02/26/09  House  Debate adjourned HJ-119
   03/03/09  House  Amended HJ-20
   03/03/09  House  Read second time HJ-20
   03/03/09  House  Roll call Yeas-92  Nays-5 HJ-23
   03/04/09  House  Read third time and sent to Senate HJ-81
   03/04/09         Scrivener's error corrected
   03/04/09  Senate Introduced and read first time SJ-15
   03/04/09  Senate Referred to Committee on Medical Affairs SJ-15
   04/22/10  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-12
   04/23/10         Scrivener's error corrected
   04/27/10  Senate Committee Amendment Adopted SJ-60
   04/27/10  Senate Read second time SJ-60
   04/28/10  Senate Read third time and returned to House with
                     amendments SJ-25
   05/06/10  House  Concurred in Senate amendment and enrolled HJ-33
   05/06/10  House  Roll call Yeas-94  Nays-7 HJ-33
   05/13/10         Ratified R 211
   05/19/10         Signed By Governor
   05/26/10         Effective date 05/19/10
   06/09/10         Act No. 177

(A177, R211, H3270)

AN ACT TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH NEW ANNUAL RENEWAL FEES THAT WILL BE IN EFFECT FOR THE YEARS 2012 THROUGH 2015 OR UNTIL THE SUPERB ACCOUNT IS CREDITED WITH AN ADDITIONAL THIRTY-SIX MILLION DOLLARS FROM THE INCREASE IN IT SOURCES OF INCOME, TO REQUIRE THAT THE ADDITIONAL REVENUE GENERATED FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE SUPERB ACCOUNT, TO RESTRICT THE USES FOR THE ADDITIONAL REVENUE, AND TO REVISE THE MAXIMUM AMOUNT THAT MAY BE USED FOR ADMINISTRATIVE PURPOSES.

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

Annual renewal fees

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. Beginning January 1, 2012, the annual renewal fee for each tank will be as follows:

(1)    2012 - two hundred dollars;

(2)    2013 - three hundred dollars;

(3)    2014 - four hundred dollars; and

(4)    2015 - five hundred dollars.

The additional revenue generated from the tank fee increases listed above must be deposited into the Superb Account. No portion of the increases may be used by the department for administration of the program or for orphan sites as defined in Section 44-2-20(11).

When the Superb Account is credited with an additional thirty-six million dollars from the increase in tank fees, general appropriations, settlements, or other sources of funds including federal funds designated for cleanup, or declared insolvent, the tank registration fee shall revert to one hundred dollars annually for each tank beginning January first of the next year.

(B)    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.

(1)    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.

(2)    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.

(3)    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 the amount collected from funds received from federal grants specifically designated for administrative use, interest, the first one hundred dollars for tank registration and late penalty fees.

(C)    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."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2010.

Approved the 19th day of May, 2010.