Bill 322

                    Current Status

Bill Number:                       322
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970205
Primary Sponsor:                   Elliott 
All Sponsors:                      Elliott 
Drafted Document Number:           res1192.de
Residing Body:                     Senate
Current Committee:                 Medical Affairs Committee 13
                                   SMA
Subject:                           Aboveground storage tanks
                                   included in definition of
                                   underground storage tanks,
                                   petroleum, Fuel

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19970205  Introduced, read first time,             13 SMA
                  referred to Committee

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.