Title: South Carolina Underground Storage Lease and Agreement (Surface and Minerals): Explained Introduction: The South Carolina Underground Storage Lease and Agreement (Surface and Minerals) refer to a legally binding contract that allows individuals or entities to lease and utilize underground storage space within the state of South Carolina. This agreement encompasses both surface and mineral rights related to underground storage facilities or sites. There can be several types of agreements falling under this category, each pertaining to specific storage-related purposes and terms. In this article, we will explore the different types of South Carolina Underground Storage Lease and Agreement (Surface and Minerals) and provide a detailed description of their key elements. 1. Natural Gas Storage Lease: A natural gas storage lease is designed specifically for storing natural gas underground, ensuring its stable supply and availability. This type of agreement allows individuals or companies to lease designated areas within underground reservoirs or structures to store natural gas for future use, distribution, or trading purposes. 2. Strategic Petroleum Reserve Lease: The Strategic Petroleum Reserve (SPR) lease is an agreement related to the underground storage of petroleum products. It enables the government or authorized entities to lease underground facilities to store petroleum reserves, providing vital reserves in case of emergencies such as disruptions in petroleum supplies, geopolitical uncertainties, or significant price fluctuations. 3. Salt Cavern Storage Lease: Salt cavern storage is a unique method of utilizing large underground salt formations for storing various substances, including hydrocarbons, liquid fuels, natural gas, or even industrial waste. The salt caverns possess favorable characteristics for secure and efficient storage due to their impermeability, structural stability, and compressibility. A salt cavern storage lease allows individuals or organizations to lease and operate specific salt cavern sites. Key Elements of a South Carolina Underground Storage Lease and Agreement (Surface and Minerals): a. Parties Involved: The agreement identifies the lessor (owner or authorized party granting the lease) and the lessee (individual or entity leasing the storage space) and outlines their rights, responsibilities, and liabilities. b. Description of Premises: The document clearly defines the precise location and boundaries of the underground storage area, ensuring both parties have a comprehensive understanding of the leased space. c. Term and Renewal: Specifies the duration of the lease, including the start and end dates. It may also cover renewal options and conditions for extending the agreement beyond the initial term. d. Rental Payments: Outlines the financial considerations associated with the lease, including rental payments, frequency, any additional charges, and penalties for default or late payment. e. Use and Restrictions: Describes the permissible usage of the underground storage space, ensuring compliance with applicable laws, safety regulations, and environmental guidelines. It may also address any restrictions or limitations imposed by the lessor. f. Maintenance and Repairs: Details the responsibilities of both parties concerning maintenance, repairs, and upkeep of the storage facility, including any shared maintenance costs, routine inspections, and reporting obligations. g. Insurance and Indemnity: Specifies the insurance requirements, including liability coverage and any necessary indemnification provisions to protect both parties against potential risks or damages. h. Termination: Outlines the conditions and procedures for terminating the lease agreement, covering events such as breach of contract, non-payment, or other agreed-upon termination clauses. Conclusion: The South Carolina Underground Storage Lease and Agreement (Surface and Minerals) comprise various types of agreements, each tailored to specific underground storage purposes. Whether it's for natural gas storage, petroleum reserves, or salt cavern utilization, these agreements establish the legal framework for leasing and operating underground storage sites in South Carolina. Understanding the key elements within these agreements is crucial for both lessors and lessees to ensure a mutually beneficial relationship while complying with legal obligations and industry standards.
South Carolina Underground Storage Lease and Agreement (Surface and Minerals)
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(1) Storage tanks installed aboveground shall be installed on firm masonry or concrete foundations. Aboveground horizontal tanks shall have no more than 2 points of support longitudinally. Where necessary, tanks shall be securely anchored to prevent floating.
Some of the storage tanks that are exempt from the federal regulations on USTs are; Farm and residential tanks of 1,100 gallons or less capacity holding motor fuel used for noncommercial purposes.
An underground storage tank system (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. The federal UST regulations apply only to UST systems storing either petroleum or certain hazardous substances .
A complete version of the law that governs underground storage tanks (USTs) is available in the U.S. Code, Title 42, Chapter 82, Subchapter IX .
"Mechanism" - a method of providing financial assurance in which to pay for corrective action and/or third-party compensation costs caused by accidental releases from petroleum underground storage tanks. "Occurrence" - an accident which results in an unauthorized release of petroleum from an underground storage tank.
ECFR :: 40 CFR Part 280 -- Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST)