South Carolina § 12-28-2355 - Inspection and environmental impact fee charged on petroleum products.

§ 12-28-2355. Inspection and environmental impact fee charged on petroleum products.

(A) For the purpose of providing funds for inspecting, testing, and analyzing petroleum products and for general state purposes, there must be paid to the department a charge of one-fourth cent a gallon, which liability arises at the same time and is payable by the same person as the motor fuel user fee imposed under this chapter as if the petroleum product were motor fuel subject to the user fee under this chapter. Upon approval of the department, a surety bond is acceptable as monthly prepayments pending monthly reports and payments. Determination of acceptable bonding must be based on distribution, location of terminal facilities, and handling through other bonded suppliers.

(B) In addition to the inspection fee of one-fourth cent a gallon imposed pursuant to subsection (A), an environmental impact fee of one-half cent a gallon is imposed which must be used by the department for the purposes of carrying out the provisions of this chapter. This one-half cent a gallon environmental impact fee must be paid and collected in the same manner that the one-fourth cent a gallon inspection fee is paid and collected, except that the monies generated from these environmental impact fees must be transmitted by the Department of Revenue to the Department of Health and Environmental Control which shall deposit the fees as provided in Section 44-2-40.

(C) Notwithstanding any other provision of law, the fees collected pursuant to subsection (A) must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule:

	Fees	General Fund	Department of
	Collected After	of the State	Transportation
			State Non-Federal Aid
			Highway Fund
	June 30, 2005	60 percent	40 percent
	June 30, 2006	20 percent	80 percent
	June 30, 2007	0 percent	100 percent.

HISTORY: 1995 Act No. 136, SECTION 2; 2005 Act No. 176, SECTION 2, eff June 14, 2005; 2017 Act No. 40 (H.3516), SECTION 9, eff July 1, 2017.

Effect of Amendment

2017 Act No. 40, SECTION 9, amended (C), deleting a provision that credited the Department of Agriculture with ten percent of the revenues.