H 4791 General Bill, By J. Rama
 A Bill to amend Section 39-41-260, as amended, Code of Laws of South Carolina,
 1976, relating to aboveground storage, handling, and use of flammable and
 combustible liquids, so as to refer to the 1990 edition of the National Fire
 Protection Association pamphlets and to add references to proposed amendments
 to the 1990 pamphlets; to amend Act 582 of 1990, relating to applicability and
 enforcement of aboveground storage requirements, so as to designate code
 sections and revise the applicability.

   04/28/92  House  Introduced and read first time HJ-29
   04/28/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-29

A BILL

TO AMEND SECTION 39-41-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABOVEGROUND STORAGE, HANDLING, AND USE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS, SO AS TO REFER TO THE 1990 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS AND TO ADD REFERENCES TO PROPOSED AMENDMENTS TO THE 1990 PAMPHLETS; TO AMEND ACT 582 OF 1990, RELATING TO APPLICABILITY AND ENFORCEMENT OF ABOVEGROUND STORAGE REQUIREMENTS, SO AS TO DESIGNATE CODE SECTIONS AND REVISE THE APPLICABILITY.

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

SECTION 1. Section 39-41-260 of the 1976 Code, as last amended by Act 582 of 1990, is further amended to read:

"Section 39-41-260. (A) The storage, handling, and use of flammable and combustible liquids shall must comply with the applicable provisions of the National Fire Protection Association Pamphlet No. 30, 1987 1990 Edition, and all referenced publications in this pamphlet, and the National Fire Protection Association Pamphlet No. 30A, 1987 1990 Edition, and all referenced publications in this pamphlet except, and the tentative interim amendment (T.I.A. 90-1) to the National Fire Protection Association Pamphlet No. 30A, 1990 Edition, for the aboveground storage of flammable and combustible liquids at service stations as provided by this section.

(B) A maximum of thirty thousand gallons aggregate capacity of flammable or combustible liquids, or both, may be stored aboveground at service stations. No single storage tank shall exceed twelve thousand gallons liquid capacity. Service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on June 12, 1990 are exempt from this section.

(C) All aboveground storage tanks located at service stations must be enclosed by an eight-foot high industrial type chain link fence with barbed wire barricade with a minimum of two means of emergency access located at opposite ends of the enclosure. Each access must be at least thirty-six inches wide and must be locked at all times except when entering or exiting. There must be a minimum working distance of at least five feet between the tank and the fence. The area inside the fence and diked area must at all times be clear of trash, combustible storage, and vegetation. Existing service stations on the effective date of this provision with aboveground storage tanks that are enclosed with a fence constructed as referenced above are allowed to continue operating with the existing working distance between the tanks and the fence.

(D) All aboveground storage tanks located at service stations with thirty thousand gallons aggregate storage capacity must be located a minimum of fifty feet from the nearest occupied building on the property, a minimum of fifty feet from a dispenser, a minimum of fifty feet from the nearest side of a public way, and a minimum of one hundred feet from a property line which is or can be built upon including the opposite side of a public way. All aboveground storage tanks located at service stations with twelve thousand gallons aggregate storage capacity must be located a minimum of thirty-seven feet from the nearest occupied building on the property, a minimum of thirty-seven feet from a dispenser, a minimum of thirty-seven feet from the nearest side of a public way, and a minimum of forty feet from a property line which is or can be built upon including the opposite side of a public way. Service stations with twelve thousand gallons aggregate storage capacity shall not have a storage tank in excess of four thousand gallons liquid capacity.

(E) All service stations that have aboveground storage tanks that contain flammable or combustible liquids, or both, shall have a minimum of three hundred thousand dollars of public liability insurance.

(F) Scaled plans for the renovation or construction of a service station that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the State Fire Marshal or his designee by registered receipt mail for approval before beginning construction. The State Fire Marshal or his designee shall approve or deny the plans within sixty calendar days or they are automatically considered approved is authorized to charge a plan review fee to be determined by the South Carolina State Fire Commission. The plans must contain the following information:

(1) site plan;

(2) spill containment plan;

(3) piping layout with valves and fitting details;

(4) normal and emergency ventilation design;

(5) tank capacity and design standard;

(6) electrical plan;

(7) tank and piping support details;

(8) on-site fire protection equipment; and

(9) tank location with respect to other tanks and dike.

(G) All feeder lines from aboveground tanks to dispensers located at service stations must be located underground and covered with a minimum of three feet of earth cover or eighteen inches of well tamped earth cover plus six inches of reinforced concrete or eight inches of asphaltic concrete.

(H) Piping must be equipped with a fifty-two valve that cuts off the flow of liquid when the dispensing pump is not operating, as well as a quick shut-off device at the tank that will shut off the flow of product.

(I) All horizontal tanks located at service stations must be installed on steel supports welded to the tank not to exceed six inches in height or placed on concrete support cradles, and all vertical tanks must be installed on gravel with a minimum of six inches reinforced concrete footing. Footing is to be larger than the diameter of the tank.

(J) Two single portable tanks of six hundred sixty gallon capacity or less of Class II or Class III combustible liquid are allowed at service stations and are exempt from the requirements of this section.

(K) All aboveground tanks located at service stations must be clearly labeled with appropriate placards as to the contents of volume and kept free of scale and painted.

(L) A means must be provided to enable determination of liquid level in aboveground tanks located at service stations without requiring a person to climb atop the tank. Provisions must be made to either automatically shut off fuel delivery into the aboveground tank when the liquid level in the tank reaches ninety-five percent of capacity or to sound an audible alarm. This provision shall not apply to horizontal tanks of four thousand gallons or less and vertical tanks of two thousand gallons or less which must be filled with a hand held hose.

(M) Regardless of whether a suction or submersible pump system is used, a listed emergency shut-off valve must be installed in accordance with Section 4-3.6 of the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, at each dispenser connected to an aboveground storage tank located at a service station.

(N) Fill connections located at service stations for tank vehicle unloading operations must be located at least twenty-five feet from aboveground tanks, dispensers, building, and property lines. A check valve, gate valve, and quick connector or a dry break valve must be installed in the piping at a point where connection and disconnection is made for remote tank vehicle unloading. The devices must be protected from tampering and physical damage. Means must be provided to prevent or contain spillage during fuel delivery operations. This provision shall not apply to horizontal tanks of four thousand gallons or less, and vertical tanks of two thousand gallons or less. Fill connections at existing service stations on the effective date of this provision are exempt from the distance requirement referenced above.

(O) Unattended service station installations in accordance with Section 8-5 of the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, are permitted only when the dispensing device is a card lock or key lock type dispenser.

(P) Aboveground storage of flammable or combustible liquids at service stations is prohibited in municipalities with a population of twenty-five thousand persons or greater as determined by the most recent official United States Census, except as otherwise provided in subsection (J) of this section."

SECTION 2. Section 2 of Act 582 of 1990 is designated as Section 39-41-270 and is amended to read:

"Section 39-41-270. The provisions of Section 39-41-260, as amended by Section 1 of Act No. 582 of 1990 this act, shall apply to all service stations constructed on or after June 12, 1990 the effective date of this act. Also, all All existing service stations must comply complying with the revised provisions of Section 39-41-260 within two years of the effective date of this section, except that, as amended by Act 258 of 1990, are exempt. All existing service stations with aboveground storage tanks are not required to comply with the provisions of Section 39-41-260(D) are exempt from new distance requirements of Section 39-41-260, as amended by this act, and all existing service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on the effective date of this section are exempt from the provisions of Section 39-41-260(B), as amended by this act. All other existing service stations that were required to comply with Act 258 of 1990 before June 12, 1992, and have not yet complied must comply with the provisions of Section 39-41-260, as revised by this act within one year of the effective date of this act. An imminent hazard to life shall must be addressed immediately as referenced in Section 23-9-150."

SECTION 3. Section 3 of Act 582 of 1990 is designated as Section 39-41-280 and is amended to read:

"Section 39-41-280. The Division of State Fire Marshal or his designee shall enforce the provisions of Section 39-41-260 of Act 582 of 1990."

SECTION 4. This act takes effect upon approval by the Governor.