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 B - UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, NOTIFICATION AND PERMITTING
Section 61-92.280.B.22 - NOTIFICATION REQUIREMENTS

Universal Citation: SC Code Regs 61-92.280.B.22

Current through Register Vol. 48, No. 9, September 27, 2024

(a) After January 1, 1986, an owner of a tank storing or having stored regulated substances on or before January 1, 1986 must notify the Department of the existence of such a tank specifying the type, location, storage capacity, age, and uses of such a tank (i.e., operational status at the time of notification) and of any known past failure(s) and corrective action taken as a result of the failure. The notification shall be made using EPA Form 7530-1, a Department form, or a Department approved form.

[Note to paragraph (a).Owners and operators of UST systems that were in the ground on or after January 1, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the Department in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, on a form published by EPA on November 8, 1985 unless notice was given pursuant to section 103(c) of CERCLA. Owners and operators who have not complied with the notification requirements may use a Department approved form.]

(b) Within 30 days of acquisition, any person who assumes ownership of a regulated underground storage tank system, except as described in paragraph (a) of this section, must submit a notice of the ownership change to the Department on a Department form or a form approved by the Department, including all supporting documents required by the Department notification form.

(c) Not later than May 26, 2020, all owners of previously deferred UST systems must submit a one-time notice of tank system existence to the Department, using EPA form 7530-1, a Department form, a Department approved form, or submitted in a format as approved by the Department in accordance with Section 280.22(c). Owners and operators of UST systems in use as of May 26, 2017 must demonstrate financial responsibility at the time of submission of the notification form as required by Section 280.251.

(d) Owners required to submit notices under paragraph (a) or (b) of this section must provide notices to the Department for each tank they own. Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of operation must file a separate notification form for each separate place of operation.

(e) All owners and operators of new UST systems must certify in the notification form compliance with the following requirements:

(1) Installation of tanks and piping under Section 280.20(e);

(2) Cathodic protection of steel tanks and piping under Section 280.20(a) and (b);

(3) Financial responsibility under Subpart H of this part; and

(4) Release detection under Sections 280.41 and 280.42.

(f) All owners and operators of new UST systems must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping complies with the requirements in section 280.20(e).

(g) Beginning January 1, 1986, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner's notification obligations under paragraph (a) of this section. After January 1, 1986, any owner of an existing tank which has not notified the Department in accordance with this section shall be in violation of these regulations.

[Note to paragraph (g). The statement provided in appendix III of 40 CFR Part 280, when used on shipping tickets and invoices, may be used to comply with this requirement.]

(h) A regulated tank for which the Department has received an approvable notification is considered to be registered.

(i) The Department may issue, deny, revoke, suspend or modify the registration under such conditions as it may prescribe herein for the operation of any tank.

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