reglab/statecodes huggingface dataset:
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 F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section 61-92.280.F.67 - PUBLIC PARTICIPATION

Current through Register Vol. 48, No. 6, June 28, 2024
(a) For
				  each confirmed release that requires a corrective action plan, the Department
				  must provide notice to the public by means designed to reach those members of
				  the public directly affected by the release and the planned corrective action.
				  This notice may include, but is not limited to, public notice in local
				  newspapers, block advertisements, public service announcements, publication in
				  a state register, letters to individual households, or personal contacts by
				  field staff.
(b) The Department
				  must ensure that site release information and decisions concerning the
				  corrective action plan are made available to the public for inspection upon
				  request.
(c) Before approving a
				  corrective action plan, the Department may hold a public meeting to consider
				  comments on the proposed corrective action plan if there is sufficient public
				  interest, or for any other reason.
(d) The Department must give public notice
				  that complies with paragraph (a) of this section if implementation of an
				  approved corrective action plan does not achieve the established cleanup levels
				  in the plan and termination of that plan is under consideration by the
				  Department.
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 G - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 61-92.280.G.70 - TEMPORARY CLOSURE

Current through Register Vol. 48, No. 6, June 28, 2024
(a) When an UST
				  system is temporarily closed, owners and operators must continue operation and
				  maintenance of corrosion protection in accordance with Section 280.31, and any
				  release detection in accordance with Subparts D and K of this part. Subparts E
				  and F of this part must be complied with if a release is suspected or
				  confirmed. However, release detection and release detection operation and
				  maintenance testing and inspections in Subparts C and D of this part are not
				  required as long as the UST system is empty. The UST system is empty when all
				  materials have been removed using commonly employed practices 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, remain in the system. In addition, spill and
				  overfill operation and maintenance testing and inspections in Subpart C of this
				  part are not required.
(b) When an
				  UST system is temporarily closed for 3 months or more, owners and operators
				  must also comply with the following requirements:
(1) Leave vent lines open and functioning;
				  and
(2) Cap and secure all other
				  lines, pumps, manways, and ancillary equipment.
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 G - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 61-92.280.G.72 - ASSESSING THE SITE AT CLOSURE OR CHANGE-IN-SERVICE AND REPORTING REQUIREMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Before
				  permanent closure or a change-in-service is completed, owners and operators
				  must measure for the presence of a release where contamination is most likely
				  to be present at the UST site. In selecting sample types, sample locations, and
				  measurement methods, owners and operators must consider the method of closure,
				  the nature of the stored substance, the type of backfill, the depth to
				  groundwater, and other factors appropriate for identifying the presence of a
				  release. The requirements of this section are satisfied if one of the external
				  release detection methods allowed in Section 280.43(e) and (f) is operating in
				  accordance with the requirements in Section 280.43 at the time of closure or
				  change-in-service, and indicates no release has occurred.
(b) If contaminated soils, contaminated
				  groundwater, or free product as a liquid or vapor is discovered under paragraph
				  (a) of this section, or by any other manner, owners and operators must begin
				  corrective action in accordance with Subpart F of this part.
(c) Owners and operators must submit the
				  information collected in compliance with paragraph (a) of this section, on a
				  form supplied by the Department or an approved substitute, to the Department
				  not later than 60 days after the tank has been either removed from the ground
				  or filled with an inert solid material.
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 G - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 61-92.280.G.73 - APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS

Current through Register Vol. 48, No. 6, June 28, 2024
When directed by the Department, the owner and operator of
					 an UST system permanently closed before December 22, 1988, must access the
					 excavation zone and close the UST system in accordance with this subpart if
					 releases from the UST may, in the judgment of the Department, pose a current or
					 potential threat to human health and the environment.
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 G - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 61-92.280.G.74 - CLOSURE RECORDS

Current through Register Vol. 48, No. 6, June 28, 2024
Owners and operators must maintain records in accordance
					 with Section 280.34 that are capable of demonstrating compliance with closure
					 requirements under this subpart. The results of the excavation zone assessment
					 required in Section 280.72 must be maintained for at least three years after
					 completion of permanent closure or change-in-service in one of the following
					 ways:
(a) By the owners and operators
				  who took the UST system out of service;
(b) By the current owners and operators of
				  the UST system site; or
(c) By
				  submitting these records to the Department if they cannot be maintained at the
				  closed facility.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.90 - APPLICABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
(a) This subpart
				  applies to owners and operators of all petroleum underground storage tank (UST)
				  systems in South Carolina except as otherwise provided in this
				  section.
(b) Owners and operators
				  of petroleum UST systems are subject to these requirements in accordance with
				  Section 280.91.
(c) State and
				  Federal government entities whose debts and liabilities are the debts and
				  liabilities of a state or the United States are exempt from the requirements of
				  this subpart.
(d) The requirements
				  of this subpart do not apply to owners and operators of any UST system
				  described in Section 280.10(b), (c)(1), (c)(3), or (c)(4).
(e) If the owner and operator of a petroleum
				  UST are separate persons, only one person is required to demonstrate financial
				  responsibility; however, both parties are liable in the event of noncompliance.
				  Regardless of which party complies, the date set for compliance at a particular
				  facility is determined by the characteristics of the owner as set forth in
				  Section 280.91.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.91 - COMPLIANCE DATES

Current through Register Vol. 48, No. 6, June 28, 2024
[Note. Pursuant to 40 CFR Part 280, Vol. 58, No. 31 of
					 February 18, 1993, the Federal Regulation entitled "Underground Storage Tanks
					 Containing Petroleum--Financial Responsibility Requirements; Final Rule" became
					 effective one year after its date of publication. The federal regulation thus
					 became effective on February 18, 1994.]
As enacted by Title 44, Chapter 2, of the 1976 South
					 Carolina Code of Laws, the State Underground Petroleum Environmental Response
					 Bank Act (hereafter referred to as the SUPERB Act), all petroleum UST owners or
					 operators are required to comply with the requirements of this subpart.
					 Compliance with this subpart was required on September 22, 1995. Previously
					 deferred UST systems must comply with the requirements of this subpart
					 according to the schedule in Section 280.251(a).
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.92 - DEFINITION OF TERMS

Current through Register Vol. 48, No. 6, June 28, 2024
When used in this subpart, the following terms shall have
					 the meanings given below:
(a)
				  "Accidental release" means any sudden or nonsudden release of petroleum from an
				  UST that results in a need for corrective action and/or compensation for bodily
				  injury or property damage neither expected nor intended by the UST owner or
				  operator.
(b) "Bodily injury" shall
				  have the meaning given to this term by applicable South Carolina law; however,
				  this term shall not include those liabilities which, consistent with standard
				  insurance industry practices, are excluded from coverage in liability insurance
				  policies for bodily injury.
(c)
				  "Chief Financial Officer", in the case of local government owners and
				  operators, means the individual with the overall authority and responsibility
				  for the collection, disbursement, and use of funds by the local government. In
				  the case of non-government owners and operators, the corporate officer
				  officially designated as the Chief Financial Officer or functionally equivalent
				  most senior financial officer. The Chief Financial Officer is the person who
				  signs United States Securities and Exchange Commission ("SEC") submissions or
				  the equivalent.
(d) "Controlling
				  interest" means direct ownership of at least 50 percent of the voting stock of
				  another entity.
(e) "Department"
				  refers to the South Carolina Department of Health and Environmental
				  Control.
(f) "Financial reporting
				  year" means the latest consecutive twelve-month period for which any of the
				  following reports used to support a financial test is prepared:
(1) a 10-K report submitted to the SEC;
(2) an annual report of tangible
				  net worth submitted to Dun and Bradstreet; or
(3) annual reports submitted to the Energy
				  Information Administration or the Rural Utilities Service.
[Note to the definition of "financial reporting year."
					 "Financial reporting year" may thus comprise a fiscal or a calendar year
					 period.]
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.93 - AMOUNT AND SCOPE OF REQUIRED FINANCIAL RESPONSIBILITY

Current through Register Vol. 48, No. 6, June 28, 2024
[Note: The SUPERB Account and the SUPERB Financial
					 Responsibility Fund, described in Section 280.101, may be used to meet the
					 South Carolina financial responsibility requirements for corrective action and
					 third party liability, respectively, when used in conjunction with the owner or
					 operator responsibilities given in Section 280.101.]
(a) Owners or operators of petroleum USTs
				  must demonstrate financial responsibility for taking corrective action and for
				  compensating third parties for bodily injury and property damage caused by
				  accidental releases arising from the operation of petroleum USTs in at least
				  the following per-occurrence amounts:
(1) For
				  owners or operators of petroleum USTs that are located at petroleum marketing
				  facilities, or that handle an average of more than 10,000 gallons of petroleum
				  per month based on annual throughput for the previous calendar year; $1
				  million.
(2) For all other owners
				  or operators of petroleum USTs; $500,000.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.94 - ALLOWABLE MECHANISMS AND COMBINATIONS OF MECHANISMS

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Subject to the limitations of paragraphs
				  (b) and (c) of this section:
(1) An owner or
				  operator, including a local government owner or operator, may use any one or
				  combination of the mechanisms listed in Sections 280.95 through 280.103 to
				  demonstrate financial responsibility under this subpart for one or more USTs;
				  and
(2) A local government owner or
				  operator may use any one or combination of the mechanisms listed in Sections
				  280.104 through 280.107 to demonstrate financial responsibility under this
				  subpart for one or more USTs.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.95 - FINANCIAL TEST OF SELF-INSURANCE

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An owner or operator, and/or guarantor,
				  may satisfy the requirements of Section 280.93 by passing a financial test as
				  specified in this section. To pass the financial test of self-insurance, the
				  owner or operator, and/or guarantor must meet the criteria of paragraph (b) or
				  (c) of this section based on year-end financial statements for the latest
				  completed fiscal year.
(b)
(1) The owner or operator, and/or guarantor,
				  must have a tangible net worth of at least ten times:
(i) The total of the applicable aggregate
				  amount required by Section 280.93, based on the number of USTs for which a
				  financial test is used to demonstrate financial responsibility to EPA under
				  this section or to the Department;
(ii) The sum of the corrective action cost
				  estimates, the current closure and post-closure care cost estimates, and amount
				  of liability coverage for which a financial test is used to demonstrate
				  financial responsibility to EPA under 40 CFR Parts 264.101, 264.143, 264.145,
				  265.143, 265.145, 264.147, and 265.147 and to the Department (subsequent to
				  authorization by EPA under 40 CFR Part 271); and
(iii) The sum of current plugging and
				  abandonment cost estimates for which a financial test is used to demonstrate
				  financial responsibility to EPA under 40 CFR Part 144.63 and to the Department
				  (subsequent to authorization by EPA under 40 CFR Part 145).
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.96 - GUARANTEE

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An owner or
				  operator may satisfy the requirements of Section 280.93 by obtaining a
				  guarantee that conforms to the requirements of this section. The guarantor must
				  be:
(1) A firm that:
(i) Possesses a controlling interest in the
				  owner or operator;
(ii) Possesses a
				  controlling interest in a firm described under paragraph (a)(1)(i) of this
				  section; or,
(iii) Is controlled
				  through stock ownership by a common parent firm that possesses a controlling
				  interest in the owner or operator; or,
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.101 - STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) OR OTHER STATE ASSURANCE

Current through Register Vol. 48, No. 6, June 28, 2024
(a) When
				  used in conjunction with the deductible amount[s] referenced in (c) below, the
				  SUPERB Account and the SUPERB Financial Responsibility Fund may be used to
				  satisfy the financial responsibility requirements of Section 280.93 for
				  corrective action and third party bodily injury or property damage,
				  respectively, for USTs located in South Carolina.
(b) To be qualified for coverage by these
				  funds, the UST owner or operator shall meet the following requirements which
				  have been extracted from Title 44, Chapter 2 of the 1976 Code of Laws, the
				  State Underground Petroleum Environmental Response Bank Act, as amended, and
				  the regulations promulgated thereafter:
(1)
				  The UST for which coverage is requested is in substantial compliance with
				  SCUSTCR.
(2) All UST registration
				  and annual fees have been paid.
(3)
				  Department representatives have not been denied site access during reasonable
				  hours to perform any requested activities authorized under the SUPERB
				  Act.
(4) The owner or operator is
				  not cited in any enforcement action by the Department pertaining to the USTs
				  for which coverage is requested.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.102 - TRUST FUND

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An owner or
				  operator may satisfy the requirements of Section 280.93 by establishing a trust
				  fund that conforms to the requirements of this section. The trustee must be an
				  entity that has the authority to act as a trustee and whose trust operations
				  are regulated and examined by a federal agency or a South Carolina
				  agency.
(b) The wording of the
				  trust agreement must be identical to the wording specified in Section
				  280.103(b)(1), and must be accompanied by a formal certification of
				  acknowledgment as specified in Section 280.103(b)(2).
(c) The trust fund, when established, must be
				  funded for the full required amount of coverage, or funded for part of the
				  required amount of coverage and used in combination with other mechanism(s)
				  that provide the remaining required coverage.
(d) If the value of the trust fund is greater
				  than the required amount of coverage, the owner or operator may submit a
				  written request to the Department for release of the excess.
(e) If other financial assurance as specified
				  in this subpart is substituted for all or part of the trust fund, the owner or
				  operator may submit a written request to the Department for release of the
				  excess.
(f) Within 60 days after
				  receiving a request from the owner or operator for release of funds as
				  specified in paragraphs (d) or (e) of this section, the Department will
				  instruct the trustee to release to the owner or operator such funds as the
				  Department specifies in writing.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.106 - LOCAL GOVERNMENT GUARANTEE

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  A local government owner or operator may satisfy the requirements of Section
				  280.93 by obtaining a guarantee that conforms to the requirements of this
				  section. The guarantor must be a local government having a "substantial
				  governmental relationship" with the owner or operator and issuing the guarantee
				  as an act incident to that relationship. A local government acting as the
				  guarantor must:
(1) Demonstrate that it meets
				  the bond rating test requirement of Section 280.104 and deliver a copy of the
				  chief financial officer's letter as contained in Section 280.104(d) and (e) to
				  the local government owner or operator; or
(2) Demonstrate that it meets the worksheet
				  test requirements of Section 280.105 and deliver a copy of the chief financial
				  officer's letter as contained in Section 280.105(c) to the local government
				  owner or operator; or
(3)
				  Demonstrate that it meets the local government fund requirements of Sections
				  280.107(a), 280.107(b), or 280.107(c) and deliver a copy of the chief financial
				  officer's letter as contained in Section 280.107 to the local government owner
				  or operator.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.108 - SUBSTITUTION OF FINANCIAL ASSURANCE MECHANISM BY OWNER OR OPERATOR

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An owner or
				  operator may substitute any alternate financial assurance mechanisms as
				  specified in this subpart, provided that at all times he maintains an effective
				  financial assurance mechanism or combination of mechanisms that satisfies the
				  requirements of Section 280.93.
(b)
				  After obtaining alternate financial assurance as specified in this subpart, an
				  owner or operator may cancel a financial assurance mechanism by providing
				  notice to the provider of financial assurance.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.109 - CANCELLATION OR NONRENEWAL BY A PROVIDER OF FINANCIAL ASSURANCE

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as
				  otherwise provided, a provider of financial assurance may cancel or fail to
				  renew an assurance mechanism by sending a notice of termination by certified
				  mail to the owner or operator and the Department.
(1) Termination of a local government
				  guarantee, a guarantee, a surety bond, or a letter of credit may not occur
				  until 120 days after the date on which the owner or operator receives the
				  notice of termination, as evidenced by the return receipt.
(2) Termination of insurance or risk
				  retention coverage, except for non-payment or misrepresentation by the insured,
				  may not occur until 60 days after the date on which the owner or operator
				  receives the notice of termination, as evidenced by the return receipt.
				  Termination for non-payment of premium or misrepresentation by the insured may
				  not occur until a minimum of 10 days after the date on which the owner or
				  operator receives the notice of termination, as evidenced by the return
				  receipt.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.110 - REPORTING BY OWNER OR OPERATOR

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  An owner or operator must submit the appropriate forms listed in Section
				  280.111(b) documenting current evidence of financial responsibility to the
				  Department:
(1) Within 30 days after the
				  owner or operator identifies a release from an UST required to be reported
				  under Sections 280.53 or 280.61;
(2) If the owner or operator fails to obtain
				  alternate coverage as required by this subpart, within 30 days after the owner
				  or operator receives notice of:
(i)
				  Commencement of a voluntary or involuntary proceeding under Title 11
				  (Bankruptcy), U.S. Code, naming a provider of financial assurance as a
				  debtor;
(ii) Suspension or
				  revocation of the authority of a provider of financial assurance to issue a
				  financial assurance mechanism;
(iii) Failure of a guarantor to meet the
				  requirements of the financial test;
(iv) Other incapacity of a provider of
				  financial assurance; or
(3) As required by Sections 280.95(g) and
				  280.109(b).
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.112 - DRAWING ON FINANCIAL ASSURANCE MECHANISMS

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as specified in paragraph (d) of
				  this section, the Department shall require the guarantor, surety, or
				  institution issuing a letter of credit to place the amount of funds stipulated
				  by the Department up to the limit of funds provided by the financial assurance
				  mechanism, into the standby trust if:
(1)
(i) The owner or operator fails to establish
				  alternate financial assurance within 60 days after receiving notice of
				  cancellation of the guarantee, surety bond, letter of credit, or, as
				  applicable, other financial assurance mechanism; and
(ii) The Department determines or suspects
				  that a release from an underground storage tank covered by the mechanism has
				  occurred and so notifies the owner or operator or the owner or operator has
				  notified the Department pursuant to Subparts E or F of a release from an UST
				  covered by the mechanism; or
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.113 - RELEASE FROM THE REQUIREMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
An owner or operator is no longer required to maintain
					 financial responsibility under this subpart for an UST after the tank has been
					 permanently closed or undergoes a change-in-service or, if corrective action is
					 required, after corrective action has been completed and the tank has been
					 permanently closed or undergoes a change-in-service as required by Subpart G of
					 this part.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.114 - BANKRUPTCY OR OTHER INCAPACITY OF OWNER OR OPERATOR OR PROVIDER OF FINANCIAL ASSURANCE

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Within
				  10 days after commencement of a voluntary or involuntary proceeding under Title
				  11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or
				  operator must notify the Department by certified mail of such commencement and
				  submit the appropriate forms listed in Section 280.111(b) documenting current
				  financial responsibility.
(b)
				  Within 10 days after commencement of a voluntary or involuntary proceeding
				  under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing financial
				  assurance as debtor, such guarantor must notify the owner or operator by
				  certified mail of such commencement as required under the terms of the
				  guarantee specified in Section 280.96.
(c) Within 10 days after commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming a local government owner or operator as debtor, the local government
				  owner or operator must notify the Department by certified mail of such
				  commencement and submit the appropriate forms listed in Section 280.111(b)
				  documenting current financial responsibility.
(d) Within 10 days after commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming a guarantor providing a local government financial assurance as debtor,
				  such guarantor must notify the local government owner or operator by certified
				  mail of such commencement as required under the terms of the guarantee
				  specified in Section 280.106.
(e)
				  An owner or operator who obtains financial assurance by a mechanism other than
				  the financial test of self-insurance will be deemed to be without the required
				  financial assurance in the event of a bankruptcy or incapacity of its provider
				  of financial assurance, or a suspension or revocation of the authority of the
				  provider of financial assurance to issue a guarantee, insurance policy, risk
				  retention group coverage policy, surety bond, letter of credit, or
				  state-required mechanism. The owner or operator must obtain alternate financial
				  assurance as specified in this subpart within 30 days after receiving notice of
				  such an event. If the owner or operator does not obtain alternate coverage
				  within 30 days after such notification, he must notify the
				  Department.
(f) Within 30 days
				  after receipt of notification that a state fund or other state assurance has
				  become incapable of paying for assured corrective action or third-party
				  compensation costs, the owner or operator must obtain alternate financial
				  assurance.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.100 - RESERVED

Current through Register Vol. 48, No. 6, June 28, 2024
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.115 - REPLENISHMENT OF GUARANTEES, LETTERS OF CREDIT, OR SURETY BONDS

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If at any time
				  after a standby trust is funded upon the instruction of the Department with
				  funds drawn from a guarantee, local government guarantee with standby trust,
				  letter of credit, or surety bond, and the amount in the standby trust is
				  reduced below the full amount of coverage required, the owner or operator shall
				  by the anniversary date of the financial mechanism from which the funds were
				  drawn:
(1) Replenish the value of financial
				  assurance to equal the full amount of coverage required, or
(2) Acquire another financial assurance
				  mechanism for the amount by which funds in the standby trust have been
				  reduced.
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 H - FINANCIAL RESPONSIBILITY › Section 61-92.280.H.116 - SUSPENSION OF ENFORCEMENT [Reserved]

Current through Register Vol. 48, No. 6, June 28, 2024
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.200 - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
(a) UST technical
				  standards, as used in this subpart, refers to the UST preventative and
				  operating requirements under subparts B, C, D, G, J, and K of this part and
				  Section 280.50 of subpart E.
(b)
				  Petroleum production, refining, and marketing.
(1) Petroleum production means the production
				  of crude oil or other forms of petroleum (as defined in Section 280.12(xx)) as
				  well as the production of petroleum products from purchased
				  materials.
(2) Petroleum refining
				  means the cracking, distillation, separation, conversion, upgrading, and
				  finishing of refined petroleum or petroleum products.
(3) Petroleum marketing means the
				  distribution, transfer, or sale of petroleum or petroleum products for
				  wholesale or retail purposes.
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.210 - PARTICIPATION IN MANAGEMENT

Current through Register Vol. 48, No. 6, June 28, 2024
The term "participating in the management of an UST or UST
					 system" means that, subsequent to the effective date of this subpart, the
					 holder is engaging in decision-making control of, or activities related to,
					 operation of the UST or UST system, as defined herein.
(a) Actions that are participation in
				  management.
(1) Participation in the
				  management of an UST or UST system means, for purposes of this subpart, actual
				  participation by the holder in the management or control of decision-making
				  related to the operation of an UST or UST system. Participation in management
				  does not include the mere capacity or ability to influence or the unexercised
				  right to control UST or UST system operations. A holder is participating in the
				  management of the UST or UST system only if the holder either:
(i) Exercises decision-making control over
				  the operational (as opposed to financial or administrative) aspects of the UST
				  or UST system, such that the holder has undertaken responsibility for all or
				  substantially all of the management of the UST or UST system; or
(ii) Exercises control at a level comparable
				  to that of a manager of the borrower's enterprise, such that the holder has
				  assumed or manifested responsibility for the overall management of the
				  enterprise encompassing the day-to-day decision-making of the enterprise with
				  respect to all, or substantially all, of the operational (as opposed to
				  financial or administrative) aspects of the enterprise.
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.220 - OWNERSHIP OF AN UNDERGROUND STORAGE TANK OR UNDERGROUND STORAGE TANK SYSTEM OR FACILITY OR PROPERTY ON WHICH AN UNDERGROUND STORAGE TANK OR UNDERGROUND STORAGE TANK SYSTEM IS LOCATED

Current through Register Vol. 48, No. 6, June 28, 2024
Ownership of an UST or UST system or facility or property
					 on which an UST or UST system is located. A holder is not an "owner" of 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 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 the person:
(a) Does not participate in the management of
				  the UST or UST system as defined in Section 280.210; and
(b) Does not engage in petroleum production,
				  refining, and marketing as defined in Section 280.200(b).
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 J - OPERATOR TRAINING › Section 61-92.280.J.240 - GENERAL REQUIREMENT FOR ALL UST SYSTEMS

Current through Register Vol. 48, No. 6, June 28, 2024
(a) As of August 8, 2011, all owners and
				  operators of UST systems must ensure they have designated Class A, Class B, and
				  Class C operators who meet the requirements of this subpart.
(b) The Department shall:
(1) Maintain a registry of Class A and Class
				  B operators to include facility responsibility, training completion date and
				  training provider;
(2) Verify
				  training and documentation is current for Class A, Class B, and Class C
				  operators during inspections at UST facilities; and
(3) Develop supplemental training that will
				  be provided to all designated Class A and Class B operators that completed
				  their training prior to May 26, 2017.
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 J - OPERATOR TRAINING › Section 61-92.280.J.241 - DESIGNATION OF CLASS A, B, AND C OPERATORS

Current through Register Vol. 48, No. 6, June 28, 2024
UST system owners and operators must designate:
(a) At least one Class A and one Class B
				  operator for each UST or group of USTs at a facility; and
(b) Each individual who meets the definition
				  of Class C operator at the UST facility as a Class C operator.
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 J - OPERATOR TRAINING › Section 61-92.280.J.242 - REQUIREMENTS FOR OPERATOR TRAINING

Current through Register Vol. 48, No. 6, June 28, 2024
UST system owners and operators must ensure Class A, Class
					 B, and Class C operators meet the requirements of this section. At small
					 facilities, one individual may handle all three duties. However, in the
					 operation and maintenance structure at an underground storage tank facility
					 that is part of a large store chain, open 24-hours, a number of persons may be
					 designated to perform duties and responsibilities of operator classes A, B, and
					 C. Any individual designated for more than one operator class must successfully
					 complete the required training program or comparable examination, as approved
					 by the Department, according to the operator class in which the individual is
					 designated. Not later than thirty days after Class A and Class B Operators
					 complete appropriate operator training, tank owners will notify the department
					 of the name, training completion date and training provider for each
					 operator.
(a) Class A operators. Each
				  designated Class A operator must either be trained in accordance with
				  paragraphs (a)(1) and (2) of this section or pass a comparable examination, as
				  approved by the Department, in accordance with paragraph (e) of this section.
(1) At a minimum, the training program for
				  the Class A operator must provide general knowledge of the requirements in this
				  paragraph (a). At a minimum, the training must teach the Class A operators, as
				  applicable, about the purpose, methods, and function of:
(i) Spill and overfill prevention;
(ii) Release detection;
(iii) Corrosion protection;
(iv) Emergency response;
(v) Product and equipment compatibility and
				  demonstration;
(vi) Financial
				  responsibility;
(vii) Notification
				  and storage tank registration;
(viii) Temporary and permanent
				  closure;
(ix) Related reporting,
				  recordkeeping, testing, and inspections;
(x) Environmental and regulatory consequences
				  of releases; and
(xi) Training
				  requirements for Class B and Class C operators.
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 J - OPERATOR TRAINING › Section 61-92.280.J.243 - TIMING OF OPERATOR TRAINING

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  An owner and operator must ensure that designated Class A, Class B, and Class C
				  operators meet the requirements in Section 280.242 not later than May 26, 2017.
				  Class A and B operators, designated and trained prior to May 26, 2017, must
				  complete the supplemental training no later than May 26, 2020. The supplemental
				  training must be developed and administered by the Department or an independent
				  organization whose program has been approved by the Department. UST system
				  owners and operators must ensure that the Class A and Class B operators are
				  retrained pursuant to this section no later than May 26, 2020.
(b) Class A and Class B operators designated
				  after August 8, 2011 must meet requirements in Section 280.242 within 30 days
				  of assuming duties.
(c) Class C
				  operators designated after August 8, 2011 must be trained before assuming
				  duties of a Class C operator.
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 J - OPERATOR TRAINING › Section 61-92.280.J.244 - RETRAINING

Current through Register Vol. 48, No. 6, June 28, 2024
Class A and Class B operators of UST systems determined by
					 the Department to be out of compliance must complete a training program or
					 comparable examination in accordance with requirements in Section 280.242. The
					 training program or comparable examination must be developed or administered by
					 the Department or an independent organization whose program has been approved
					 by the Department. At a minimum, the training must cover the area(s) determined
					 to be out of compliance. UST system owners and operators must ensure that the
					 primary Class A and Class B operators are retrained pursuant to this section no
					 later than 30 days from the date the Department determines the facility is out
					 of compliance.
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 J - OPERATOR TRAINING › Section 61-92.280.J.245 - DOCUMENTATION

Current through Register Vol. 48, No. 6, June 28, 2024
Owners and operators of underground storage tank systems
					 must maintain a list of designated Class A, Class B, and Class C operators and
					 maintain records verifying that training and retraining, as applicable, have
					 been completed, in accordance with Section 280.34 as follows:
(a) The list must:
(1) Identify all Class A, Class B, and Class
				  C operators currently designated for the facility; and
(2) Include names, class of operator trained,
				  date assumed duties, date each completed initial training, and any
				  retraining.
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 J - OPERATOR TRAINING › Section 61-92.280.J.300 - VARIANCES

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may vary the application of any provisions
					 of these regulations, when, in its opinion, the applicant has demonstrated that
					 an equivalent degree of protection will be provided to the State's waters. Any
					 variance granted or denied by the Department shall be in writing and shall
					 contain a brief statement of the reasons for the approval or
					 denial.
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 J - OPERATOR TRAINING › Section 61-92.280.J.301 - VIOLATIONS AND PENALTIES

Current through Register Vol. 48, No. 6, June 28, 2024
Any person or persons violating these regulations shall be
					 subject to the penalties provided in Title 44 Chapter 2 Section140 of the Code
					 of Laws of South Carolina, as amended.