H*3243(Rat #0012, Act #0008 of 1997)  General Bill, By Sharpe and Wilkes
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING
 ACTIVITIES;AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO
 PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL
 PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.

   01/15/97  House  Introduced and read first time HJ-8
   01/15/97  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-8
   01/21/97  House  Recalled from Committee on Labor, Commerce and
                     Industry HJ-27
   01/21/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-27
   02/05/97  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-4
   02/06/97  House  Amended HJ-8
   02/06/97  House  Read second time HJ-8
   02/06/97  House  Unanimous consent for third reading on next
                     legislative day HJ-9
   02/07/97  House  Read third time and sent to Senate HJ-1
   02/11/97  Senate Introduced and read first time SJ-13
   02/11/97  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-13
   03/06/97  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-18
   03/11/97  Senate Read second time SJ-20
   03/11/97  Senate Ordered to third reading with notice of
                     amendments SJ-20
   03/18/97  Senate Read third time and enrolled SJ-8
   03/25/97         Ratified R 12
   03/31/97         Signed By Governor
   03/31/97         Effective date 30/31/97
   04/10/97         Copies available
   04/10/97         Act No. 8

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.

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

General permits for limited mining created

SECTION 1. The 1976 Code is amended by adding:

"Section 48-20-55. (A) The department may develop and implement general permits for the regulation of mining limited to excavations for topsoil or sand/clay fill material which do not require further processing. General permits developed by the department must contain, at a minimum, standard plans and specifications for environmental protection, storm water management, public health and safety protections, and reclamation of affected lands in accordance with promulgated regulations.

(B) An applicant for a general permit where the total affected area is two acres or less may begin mining when the department receives a complete application for a general permit. Before an operator may conduct mining operations under a general permit for an affected area greater than two acres, he shall file an application with the department to determine eligibility. The department may require an individual operating permit pursuant to Sections 48-20-60 and 48-20-70 instead of issuing a general permit if necessary to ensure environmental protection or public safety."

General permit may be suspended or revoked

SECTION 2. Section 48-20-160 of the 1976 Code, as added by Act 454 of 1990, is amended by adding at the end:

"A general permit, as provided for in Section 48-20-55, may be revoked or suspended if the operator is cited for violations of this chapter, a regulation promulgated under it, or the terms and conditions of that general permit. If this authority is suspended or revoked and mining is ordered to be stopped pursuant to Section 48-20-220, the operator whose eligibility to mine under a general permit that has been suspended or revoked must be denied further eligibility under that or other general permits or an individual operation permit until satisfactory evidence is presented to the department that the operation intends to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including satisfactorily correcting all deficiencies or previous violations."

Cease and desist orders apply to general permit

SECTION 3. Section 48-20-220 of the 1976 Code, as added by Act 454 of 1990, is amended to read:

"Section 48-20-220. Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator engages in mining without obtaining a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the department may issue an immediate cease and desist order. A cease and desist order also may be issued against an operator who is engaged in mining before his receipt of written notification from the department that he is eligible to mine under the authority of a general permit for areas over two acres, or for not complying with the requirements of the general permit during mining. In addition to the issuance of the order, the department may seek a restraining order or injunction pursuant to Section 48-20-230.

Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator conducts mining without a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the explorer or operator may be subject to a civil penalty assessed by the department of not more than one thousand dollars for each offense. Civil penalties may be levied against an operator who is engaged in mining before his receipt of written notification from the department that he is eligible to mine under the authority of a general permit or for not complying with the requirements of the general permit during mining. Each day of continued violation after issuance of a cease and desist order may be considered a further and separate offense. The severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation must be considered in determining the amount of the civil penalty. Orders and penalties issued pursuant to this section may be appealed under Section 48-20-190."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 31st day of March, 1997.