S 0322 General Bill, By Elliott
 A BILL TO AMEND SECTION 44-2-20, 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.

   02/05/97  Senate Introduced and read first time SJ-5
   02/05/97  Senate Referred to Committee on Medical Affairs SJ-5

A BILL

TO AMEND SECTION 44-2-20, 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(24) of the 1976 Code is amended to read:

"(24) `Underground storage tank' means any one or combination of tanks, including underground pipes connected 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(24) 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.