Dhec Certificate Of Financial Responsibility printable pdf download

CERTIFICATE OF FINANCIAL RESPONSIBILITY

Underground Storage Tank Control Regulations

GENERAL INFORMATION:

On March 23, 1997, revisions to the South Carolina Underground Storage Tank Control Regulations (SCUSTCR) became

effective. The regulations provide for the implementation of a regulatory program for underground storage tanks that store

regulated substances. A primary purpose for these revisions is to set forth specific requirements for demonstrating finan-

cial responsibility, as state and federal regulations require owners and operators of USTs storing regulated substances to

be able to pay for site rehabilitation activities and third party claims upon the occurrence of a release. In South Carolina,

UST owners or operators may use the State Underground Petroleum Environmental Response Bank (SUPERB) Account

to cover site rehabilitation costs and the SUPERB Financial Responsibility Fund to cover third party claims. These two

state assurance funds provide a combined maximum of $1,000,000 per eligible occurrence to cover these costs after pay-

ment of the deductible established by the SUPERB Act. If the owner and operator of a UST storing regulated substances

are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable

in the event of a release. An owner or operator is not required to maintain financial responsibility for USTs after the system

has been properly closed and, in the case site investigation/rehabilitation activities are required, after these activities have

been completed. It is a violation of the SCUSTR to fail to maintain financial responsibility for a UST system that has not

been properly closed.

EXPLANATION AND DEFINITIONS:

Complete DHEC Form 3472 if you are the owner or operator of a UST storing a regulated substance. Please use one form

per facility. Please read the instructions carefully prior to completing the form. If, after reading these instructions, you have

questions, please contact the Financial Responsibility Liaison at (803) 898-0609.

“Petroleum” includes crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60

degrees Fahrenheit and 14.8 pounds per square inch absolute).

“Underground storage tank (UST)” means any one or combination of underground enclosed containers (including

underground pipes connected thereto) that is 10 percent or more beneath the surface of the ground. Excluded are:

farm or residential tanks of 1,100 gallons or less in capacity used for storing motor fuel for noncommercial

purposes;

tanks used for storing heating oil for consumptive use on the premises where stored;

septic tanks;

pipeline facilities (including gathering lines and those facilities that are intrastate) regulated under the

Natural Gas Pipeline Safety Act of 1968, the Hazardous Liquid Pipeline Safety Act of 1979, or under state

laws;

surface impoundments, pits, ponds, or lagoons;

storm water or waste water collection systems;

flow-through process tanks;

liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;

and

storage tanks situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or

tunnel) and if the storage tank is situated upon or above the surface of the floor.

“Regulated substance” means any substance defined in Section 101(14) of the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste un-

der Subtitle C) and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of tempera-

ture and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).

DHEC 3472 (06/2013)

Dhec Certificate Of Financial Responsibility