South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-92 - UNDERGROUND STORAGE TANK CONTROL REGULATIONS › Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) › Subpart I - LENDER LIABILITY › Section 61-92.280.I.230 - OPERATING AN UNDERGROUND STORAGE TANK OR UNDERGROUND STORAGE TANK SYSTEM

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Operating an
				  UST or UST system prior to foreclosure. A holder, prior to foreclosure, as
				  defined in Section 280.210(c), is not an "operator" of a petroleum or a
				  petroleum product UST or UST system for purposes of compliance with the UST
				  technical standards as defined in Section 280.200(a), the UST corrective action
				  requirements under Sections 280.51 through 280.67, and the UST financial
				  responsibility requirements under Sections 280.90 through 280.111, provided
				  that, after the effective date of this subpart, the holder is not in control of
				  or does not have responsibility for the daily operation of the UST or UST
				  system.
(b) Operating an UST or UST
				  system after foreclosure. The following provisions apply to a holder who,
				  through foreclosure, as defined in Section 280.210(c), acquires a petroleum or
				  a petroleum product UST or UST system or facility or property on which a
				  petroleum or a petroleum product UST or UST system is located.
(1) A holder is not an "operator" of a
				  petroleum or a petroleum product UST or UST system for purposes of compliance
				  with R.61-92 Part 280 if there is an
				  operator, other than the holder, who is in control of or has responsibility for
				  the daily operation of the UST or UST system, and who can be held responsible
				  for compliance with applicable requirements of R.61-92 Part 280.
(2) If another operator does not exist, as
				  provided for under paragraph (b)(1) of this section, a holder is not an
				  "operator" of the UST or UST system, for purposes of compliance with the UST
				  technical standards as defined in Section 280.200(a), the UST corrective action
				  requirements under Sections 280.51 through 280.67, and the UST financial
				  responsibility requirements under Sections 280.90 through 280.111, provided
				  that the holder:
(i) Empties all of its known
				  USTs and UST systems within 60 calendar days after foreclosure or within 60
				  calendar days after the effective date of this subpart, whichever is later, or
				  another reasonable time period specified by the Department, so that no more
				  than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the
				  total capacity of the UST system, remains in the system; leaves vent lines open
				  and functioning; and caps and secures all other lines, pumps, manways, and
				  ancillary equipment; and
(ii)
				  Empties those USTs and UST systems that are discovered after foreclosure within
				  60 calendar days after discovery or within 60 calendar days after the effective
				  date of this subpart, whichever is later, or another reasonable time period
				  specified by the Department, so that no more than 2.5 centimeters (one inch) of
				  residue, or 0.3 percent by weight of the total capacity of the UST system,
				  remains in the system; leaves vent lines open and functioning; and caps and
				  secures all other lines, pumps, manways, and ancillary equipment.
(3) If another operator does not
				  exist, as provided for under paragraph (b)(1) of this section, in addition to
				  satisfying the conditions under paragraph (b)(2) of this section, the holder
				  must either:
(i) Permanently close the UST or
				  UST system in accordance with Sections 280.71 through 280.74, except Section
				  280.72(b); or
(ii) Temporarily
				  close the UST or UST system in accordance with the following applicable
				  provisions of Section 280.70:
(A) Continue
				  operation and maintenance of corrosion protection in accordance with Section
				  280.31;
(B) Report suspected
				  releases to the Department; and
(C)
				  Conduct a site assessment in accordance with Section 280.72(a) if the UST
				  system is temporarily closed for more than 12 months and the UST system does
				  not meet either the performance standards in Section 280.20 for new UST systems
				  or the upgrading requirements in Section 280.21, except that the spill and
				  overfill equipment requirements do not have to be met. The holder must report
				  any suspected releases to the Department. For purposes of this provision, the
				  12-month period begins to run from the effective date of this subpart or from
				  the date on which the UST system is emptied and secured under paragraph (b)(2)
				  of this section, whichever is later.
(4) The UST system can remain in temporary
				  closure until a subsequent purchaser has acquired marketable title to the UST
				  or UST system or facility or property on which the UST or UST system is
				  located. Once a subsequent purchaser acquires marketable title to the UST or
				  UST system or facility or property on which the UST or UST system is located,
				  the purchaser must decide whether to operate or close the UST or UST system in
				  accordance with applicable requirements in R.61-92 Part 280.