South Carolina H 5172: Felicia Trower

Bill Text

2025-2026 Bill 5172 Text of Previous Version (Feb. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5172

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE 
SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 44-2-20, 44-2-40, 44-2-60, 
44-2-130, AND 44-2-150, ALL RELATING TO THE STATE UNDERGROUND PETROLEUM 
ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CHANGE CERTAIN DEFINITIONS, TO 
INCREASE THE FUNDS AVAILABLE FOR REHABILITATION OF CONTAMINATED SITES, TO 
REVISE AN ANNUAL RENEWAL FEE SCHEDULE, TO CHANGE THE COMPOSITION OF THE SUPERB 
ADVISORY COMMITTEE, AND FOR OTHER PURPOSES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 44-2-20(3), (5), (20), 
and (24) of the S.C. Code are amended to read:

 (3) "Committed funds" means that portion of the Superb Account 
reserved as a result of action by the Department of Health 
and Environmental ControlEnvironmental Services 
to approve costs for planned site rehabilitation activities.

 (5) "Department" means the Department of 
Health and Environmental ControlEnvironmental Services.

 (20) "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.

 (24) "Underground storage tank" or "UST" means any one or combination of tanks, including 
underground pipes connected to itthereto, which is used to contain an accumulation of 
regulated substancesubstances, 
and the volume of which is ten percent or more beneath the surface of the 
ground. 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 
which:

 (i) is regulated under 49 U.S.C. Chapter 
601; or

 (ii) is an intrastate pipeline facility 
regulated under state laws provided in 49 U.S.C. Chapter 601 and which is 
determined by the Secretary of Transportation to be connected to a pipeline, or 
to be operated or intended to be capable of operating at a pipeline pressure or 
as an integral part of a pipeline;

 (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 tank 
which is described in subitems (a) through (j).

SECTION 2. Section 44-2-40(B) and (D) of 
the S.C. Code are amended to read:

 (B) The Superb Account is established to ensure the availability of 
funds for the rehabilitation of releases at sites contaminated with petroleum 
or petroleum products released from an underground storage tank and for 
administration of the underground storage tank regulatory program established 
in this chapter. The department shall use the fund to pay the usual, customary, 
and reasonable costs of site rehabilitation up to a maximum of onetwo million dollars per 
occurrence as a result of a release from an underground storage tank containing 
petroleum or petroleum products for releases that were reported to the 
department before July 1, 1993, and in excess of twenty-five thousand dollars 
and up to a maximum of onetwo 
million dollars per occurrence for site rehabilitation for releases reported to 
the department on or after July 1, 1993. The department shall use the fund to 
pay these costs of site rehabilitation by owners or operators who qualify for 
compensation. The department may use the fund to clean up a release at a site 
where the underground storage tank owner or operator does not qualify for 
compensation or a site which does qualify but the owner or operator is 
unwilling or unable to undertake site rehabilitation, and the department shall 
diligently pursue the recovery of any sum so incurred from the owner or 
operator responsible or from the United States government unde