§ 44-2-10 Short title
§ 44-2-20 Definitions
§ 44-2-40 Superb Account and Superb Financial Responsibility Fund created; purposes and uses
§ 44-2-50 Regulations to be promulgated; cost of rehabilitation
§ 44-2-60 Registration of underground storage tanks; environmental impact fee
§ 44-2-70 Financial responsibility of underground storage tank owners and operators
§ 44-2-75 Insurance pools
§ 44-2-80 Release of regulated substance; containment, removal, and abatement
§ 44-2-90 Accrued interest; prospective abolition of environmental interest fee; use of residual funds for site rehabilitation
§ 44-2-110 Early detection incentive program
§ 44-2-115 Eligibility requirements to be applied to favor eligibility; qualified site remains qualified until correction and compensation; petition for matter to be heard as contested case; reconsideration by mediation panel
§ 44-2-120 Use of contractors, subcontractors, and employees for rehabilitation or cleanup
§ 44-2-130 Compensation from Superb Account; other insurance or financial responsibility mechanism; deadline for submission; site rehabilitation not a state contract; criteria and restrictions; application, certification, approval, denial, appeal; records; rehabili
§ 44-2-140 Enforcement of chapter or department order; penalties for violations
§ 44-2-150 Superb Advisory Committee; establishment; purposes; composition; terms; officers; quorum; operating procedures; facilities; duties and responsibilities; reports

Terms Used In South Carolina Code > Title 44 > Chapter 2

  • Administrator: means the South Carolina Secretary of State. See South Carolina Code 39-73-10
  • Affiliate: means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. See South Carolina Code 39-73-40
  • Board of Trade: means a person or group of persons engaged in buying or selling a commodity or receiving it for sale on consignment, whether the person or group of persons is characterized as a board of trade, exchange, or other form of marketplace. See South Carolina Code 39-73-10
  • Bodily injury: means actual medically documented costs and medically documentable future costs of adverse health effects that have resulted from exposure to a release of petroleum or petroleum products from an underground storage tank. See South Carolina Code 39-73-40
  • CFTC Rule: means a rule, regulation, or order of the Commodity Futures Trading Commission in effect on the effective date of this chapter and their amendments unless the administrator, within ten days following the effective date of an amendment disallows its application to this chapter by regulation. See South Carolina Code 39-73-10
  • Committed funds: means that portion of the Superb Account reserved as a result of action by the Department of Health and Environmental Control to approve costs for planned site rehabilitation activities. See South Carolina Code 39-73-40
  • Commodity: means , except as otherwise specified by the administrator, an agricultural, a grain, or a livestock product or by-product, a metal or mineral, including a precious metal, a gem, or gemstone whether characterized as precious, semi-precious, or otherwise, a fuel whether liquid, gaseous, or otherwise, a foreign currency, and other goods, articles, products, or items. See South Carolina Code 39-73-10
  • Commodity Contract: means an account, an agreement, or a contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. See South Carolina Code 39-73-10
  • Commodity Exchange Act: means the act of Congress known as the Commodity Exchange Act, as amended, unless the administrator within ten days following the effective date of an amendment, disallows the application to this chapter by regulation. See South Carolina Code 39-73-10
  • Commodity Futures Trading Commission: means the independent regulatory agency established by Congress to administer the Commodity Exchange Act. See South Carolina Code 39-73-10
  • Commodity merchant: means any of the following as defined or described in the Commodity Exchange Act or by CFTC Rule:

    (a) futures commission merchant;

    (b) commodity pool operator;

    (c) commodity trading advisor;

    (d) introducing broker;

    (e) leverage transaction merchant;

    (f) an associated person of item (a), (b), (c), (d), or (e);

    (g) floor broker;

    (h) other person, other than a futures association, required to register with the Commodity Futures Trading Commission. See South Carolina Code 39-73-10
  • Commodity option: means an account, an agreement, or a contract giving a party the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or all of the foregoing, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise. See South Carolina Code 39-73-10
  • Compensation: means billing the Superb Account for costs associated with site rehabilitation after receiving prior approval from the department and in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter. See South Carolina Code 39-73-40
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 39-73-40
  • Financial institution: means a bank, savings institution, or trust company organized under, or supervised pursuant to the laws of the United States or its states. See South Carolina Code 39-73-10
  • Fund: means the funds provided for under this chapter and deposited in the Superb Account or the Superb Financial Responsibility Fund hereinafter created. See South Carolina Code 39-73-40
  • Occurrence: means an accident, including continuous or repeated exposure to conditions which results in a release from an underground storage tank. See South Carolina Code 39-73-40
  • Offer: includes every offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option. See South Carolina Code 39-73-10
  • Operator: means any person in control of, or having responsibility for the daily operation of an underground storage tank. See South Carolina Code 39-73-40
  • Owner: means :

    (a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;

    (b) in the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or

    (c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership. See South Carolina Code 39-73-40
  • Person: means any individual, partner, corporation organized or united for a business purpose, or a governmental agency. See South Carolina Code 39-73-40
  • Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See South Carolina Code 39-73-10
  • petroleum product: means crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See South Carolina Code 39-73-40
  • Property damage: means a documented adverse physical impact to structures or property as a result of a release of petroleum or petroleum products from an underground storage tank. See South Carolina Code 39-73-40
  • Punitive damages: means damages awarded by a court to an injured party to punish the defendant for a serious wrong. See South Carolina Code 39-73-40
  • regulated substance: includes , but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See South Carolina Code 39-73-40
  • Related interest: means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other. See South Carolina Code 39-73-40
  • Release: means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into subsurface soils, groundwater, or surface water. See South Carolina Code 39-73-40
  • sell: includes every sale, contract of sale, contract to sell, or disposition for value. See South Carolina Code 39-73-10
  • Site rehabilitation: means cleanup actions taken in response to a release from an underground, storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater, or surface water. See South Carolina Code 39-73-40
  • Site rehabilitation contractor: means any person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation. See South Carolina Code 39-73-40
  • Substantial compliance: means that an underground storage tank owner or operator has demonstrated a good faith effort to comply with regulations necessary and essential in preventing releases, in facilitating their early detection, and in mitigating their impact on public health and the environment. See South Carolina Code 39-73-40
  • Third party claim: means a civil action brought or asserted by an injured party against an owner or operator of an underground storage tank for bodily injury or property damages resulting from a release of petroleum or petroleum products from an underground storage tank. See South Carolina Code 39-73-40
  • 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. See South Carolina Code 39-73-40