S*1268 Session 108 (1989-1990)
S*1268(Rat #0541, Act #0454 of 1990) General Bill, By
Senate Agriculture and Natural Resources
A Bill to amend Title 48, Code of Laws of South Carolina, 1976, by adding
Chapter 20 so as to regulate mining; and to repeal Chapter 19, Title 48, the
South Carolina Mining Act.
02/14/90 Senate Introduced, read first time, placed on calendar
without reference SJ-4
02/21/90 Senate Amended SJ-14
02/21/90 Senate Read second time SJ-15
02/21/90 Senate Unanimous consent for third reading on next
legislative day SJ-15
02/22/90 Senate Read third time and sent to House SJ-16
02/27/90 House Introduced and read first time HJ-8
02/27/90 House Referred to Committee on Agriculture and Natural
Resources HJ-9
04/11/90 House Committee report: Favorable Agriculture and
Natural Resources HJ-4
04/24/90 House Read second time HJ-22
04/25/90 House Read third time and enrolled HJ-32
05/01/90 Ratified R 541
05/07/90 Signed By Governor
05/07/90 Effective date 05/07/90
05/07/90 Act No. 454
06/12/90 Copies available
(A454, R541, S1268)
AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48,
THE SOUTH CAROLINA MINING ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that the extraction of
minerals by mining is a basic and essential activity making an important
contribution to the well-being of South Carolina and the nation.
However, it is not practical to extract minerals required by our society
without disturbing the surface of the earth and producing waste
materials, and the very character of certain surface mining operations
precludes complete restoration of the land to its original condition.
It is possible to conduct mining in such a way as to minimize its effects
on the surrounding environment. Proper reclamation of mined land is
necessary to prevent undesirable land and water conditions that would be
detrimental to the general welfare, health, safety, beauty, and property
rights of the citizens of the State. The General Assembly finds that the
conduct of mining and reclamation of mined lands as provided by this act
allows the mining of valuable minerals and provides for the protection
of the state's environment and for the subsequent beneficial use of the
mined and reclaimed land.
South Carolina Mining Act
SECTION 2. Title 48 of the 1976 Code is amended by adding:
"CHAPTER 20
South Carolina Mining Act
Section 48-20-10. This chapter may be cited as the 'South
Carolina Mining Act'.
Section 48-20-20. The purposes of this chapter are to provide
that:
(1) the usefulness, productivity, and scenic values of all lands
and waters involved in mining within the State receive the greatest
practical degree of protection and restoration;
(2) no mining may be carried on in the State unless plans for the
mining include reasonable provisions for protection of the surrounding
environment and for reclamation of the area of land affected by mining.
Section 48-20-30. The South Carolina Land Resources Conservation
Commission is responsible for administering the provisions and
requirements of this chapter. This includes the process and issuance of
mining permits, review and approval of reclamation plans, collection of
reclamation performance bonds, conduct of environmental appraisals,
technical assistance to mine operators and the public, implementation of
research and demonstration projects, and inspections of all mining
operations and reclamation as set forth in this chapter. Proper
execution of these responsibilities may necessitate that the Land
Resources Conservation Commission seek comment from other relevant state
agencies regarding matters within their respective areas of statutory
responsibility or primary interests. The Land Resources Conservation
Commission has ultimate authority, subject to the appeal provisions of
this chapter, over all mining, as defined in this chapter, and the
provisions of this chapter regulating and controlling such activity.
Section 48-20-40. As used in this chapter:
(1) 'Mining' means:
(a) the breaking of the surface soil to facilitate or
accomplish the extraction or removal of ores or mineral solids for sale
or processing or consumption in the regular operation of a business;
(b) removal of overburden lying above natural deposits of ore
or mineral solids and removal of the mineral deposits exposed, or by
removal of ores or mineral solids from deposits lying exposed in their
natural state.
Removal of overburden and the mining of limited amounts of ores or
mineral solids are not considered mining when done only for the purpose
of determining location, quantity, or quality of a natural deposit if no
ores or mineral solids removed during exploratory excavation or mining
are sold, processed for sale, or consumed in the regular operation of a
business and if the affected land does not exceed two acres in area.
Mining does not include plants engaged in processing minerals except as
the plants are an integral on-site part of the removal of ores or mineral
solids from natural deposits. Mining does not include excavation or
grading when conducted solely in aid of on-site farming or of on-site
construction. Mining does not include dredging operations where the
operations are engaged in the harvesting of oysters, clams, or the
removal of shells from coastal bottoms.
(2) 'Council' means the Mining Council created by Sections
48-21-10 and 48-21-20.
(3) 'Department' means the Land Resources Conservation Commission.
Whenever in this chapter the department is assigned duties, they may be
performed by the director or by subordinates as he designates.
(4) 'Minerals' means soil, clay, coal, stone, gravel, sand,
phosphate, rock, metallic ore, and any other solid material or substance
found in natural deposits on or in the earth.
(5) 'Affected land' means:
(a) the area of land from which overburden or minerals have
been removed or upon which overburden has been deposited, or both,
including an area on which a plant is located which is an integral part
of the process of the removal of ores or mineral solids from natural
deposits; or
(b) stockpiles and settling ponds located on or adjacent to
lands from which overburden or minerals have been removed.
(6) 'Neighboring' means in close proximity, in the immediate
vicinity, or in actual contact.
(7) 'Termination of mining' means cessation of mining operations
or a segment of a mining operation with intent not to resume, or
cessation of mining operations or a segment of a mining operation as a
result of revocation of an operating permit. Whenever the department has
reason to believe that a mining operation or a segment of a mining
operation has terminated, it shall give the operator written notice of
its intention to declare the operation or segment of the operation
terminated, and he has an opportunity to appear within thirty days and
present evidence that the operation or segment is continuing. Where the
department finds that the evidence is satisfactory, it may not make such
a declaration.
(8) 'Operator' means a person engaged in mining operations,
whether individually, jointly, or through subsidiaries, agents,
employees, or contractors.
(9) 'Overburden' means the earth, rock, and other materials that
lie above the natural deposit of minerals.
(10) 'Refuse' means all waste soil, rock, mineral, scrap, tailings,
slimes, and other material directly connected with the mining, cleaning,
and preparation of substances mined and includes all waste materials
deposited on or in the permit area from other sources.
(11) 'Spoil bank' means a deposit of excavated overburden or
refuse.
(12) 'Peak' means overburden removed from its natural position and
deposited elsewhere in the shape of conical piles or projecting points.
(13) 'Ridge' means overburden removed from its natural position and
deposited elsewhere in the shape of a long, narrow elevation.
(14) 'Reclamation' means the reasonable rehabilitation of the
affected land for useful purposes and the protection of the natural
resources of the surrounding area. Although both the need for and the
practicability of reclamation control the type and degree of reclamation
in a specific instance, the basic objective is to establish on a
continuing basis the vegetative cover, soil stability, water conditions,
and safety conditions appropriate to the area. Closure activities are
a part of reclamation.
(15) 'Reclamation plan' means the operator's written proposal as
required and approved by the department for reclamation of the affected
land, which includes but is not limited to:
(a) proposed practices to protect adjacent surface resources;
(b) specifications for surface gradient restoration,
including sketches delineating slope angle, to a surface suitable for the
proposed subsequent use of the land after reclamation is completed, and
the proposed method of accomplishment;
(c) manner and type of revegetation or other surface
treatment of the affected areas;
(d) method of prevention or elimination of conditions that
are hazardous to animal or fish life in or adjacent to the area;
(e) method of compliance with state air and water pollution
laws;
(f) proposed methods to limit significant adverse effects on
adjacent surface water and groundwater resources;
(g) proposed methods to limit significant adverse effects on
significant cultural or historic sites;
(h) method of rehabilitation of settling ponds;
(i) method of control of contaminants and disposal of mining
refuse;
(j) method of restoration or establishment of stream channels
and stream banks to a condition minimizing erosion, siltation, and other
pollution;
(k) maps and other supporting documents reasonably required
by the department; and
(l) a time schedule, including the anticipated years for
completion of reclamation by segments, that meets the requirements of
Section 48-20-90.
(16) 'Borrow pit' means an area from which soil or other
unconsolidated materials are removed to be used, without further
processing, for highway construction and maintenance.
(17) 'Land' includes submerged lands underlying a river, stream,
lake, sound, or other body of water and specifically includes, among
others, estuarine and tidal lands.
(18) 'Permitted land' means the affected land in addition to (a)
lands identified for future mining to become affected land; (b) an
undisturbed or buffer area that is or may become adjacent to the affected
land.
(19) 'Exploration' means the act of breaking the surface soil to
determine the location, quantity, or quality of a mineral deposit.
Exploration includes, but is not limited to, drilling core and bore
holes, trial open pits, open cuts, trenching, and tunneling for the
purpose of extracting mineral samples.
(20) 'Explorer' means a person engaged in exploration activities,
as defined in this section, whether individually, jointly, or through
subsidiaries, agents, employees, or contractors.
(21) 'Operating permit' means a permit for mining activity that is
issued to an operator by the department.
(22) 'Closure' means the act of rendering a mine facility or
portion of a mine facility to an inoperative state that prevents the
gradual or sudden release of contaminants that are harmful to the
environment.
Section 48-20-50. A certificate of exploration issued by the
department is required for exploration activities in an affected area of
two acres or less and involving the development of open pits, trenches,
open cuts, or tunneling. A certificate of exploration is not required
for exploration activity on an area already covered by an operating
permit or for (1) drilling core holes, (2) drilling bore holes, or (3)
conducting geophysical and geochemical sampling and analysis.
An explorer engaging in exploration regulated pursuant to this
section shall make a written application to the department for a
certificate of exploration. The application must be on a form furnished
by the department and must state fully the information requested. The
applicant may be required to furnish other information as may be
necessary to the department in order to enforce this chapter adequately.
If the explorer does not receive notification of denial of the
certificate of exploration within fifteen calendar days of the tendering
of the application, the application is approved. If the certificate of
exploration is denied, the department shall state the reasons, and the
explorer must be given an additional thirty calendar days to either
appeal the decision as set forth in Section 48-20-190 or modify its
application for reconsideration by the department.
The application must be accompanied by a reclamation plan on forms
furnished by the department. The department shall approve reclamation
plans in accordance with Section 48-20-90.
Public notice and public hearing requirements of this chapter do not
apply to an application for a certificate of exploration or the
processing or granting of the certificate. The department shall treat
the application for a certificate of exploration and the certificate, if
any, and any material submitted with the application, as confidential
trade secrets and proprietary business information of the applicant. The
application and the certificate, if any, and any material submitted with
the application is exempt from disclosure under the Freedom of
Information Act and is not part of the public record.
Upon approval of an application for a certificate of exploration,
the department shall require a performance bond or other security in an
amount, and pursuant to requirements, set forth in Section 48-20-110.
An explorer engaging in exploration involving an affected area
greater than two acres is required to obtain an operating permit in
accordance with the procedures set forth in Sections 48-20-60 and
48-20-70.
Section 48-20-60. No operator may engage in mining without
having first obtained from the department an operating permit which
covers the affected land and which has not been terminated, revoked,
suspended for the period in question, or otherwise invalidated.
An operating permit may be modified to include land neighboring the
affected or permitted land in accordance with procedures set forth in
Section 48-20-80. A separate operating permit is required for each
mining operation that is not on land neighboring a mining operation for
which the operator has a valid permit.
No operating permit may be issued except in accordance with the
procedures set forth in Section 48-20-70. No operating permit may be
modified except in accordance with the procedures set forth in Section
48-20-80 or 48-20-150.
An appeal from the department's decision regarding an operating
permit may be taken to the council, as provided by Section 48-20-190.
No operating permit becomes effective until the operator has
deposited with the department an acceptable performance bond or other
security pursuant to Section 40-20-110. If at any time the bond or other
security, or any part of it, lapses for a reason other than a release by
the department, and the lapsed bond or security is not replaced by the
operator within thirty days after notice of the lapse, the operating
permit to which it pertains must be suspended until such time as the
reason for the suspension is remedied and written documentation of the
remedy is provided to the department.
An operating permit must be granted and remain valid unless the
operating permit terminates as set forth in this chapter or until revoked
by the department under the provisions of Section 48-20-160. If the
mining operation terminates and the reclamation required under the
approved reclamation plan is completed, the permit terminates.
Termination of an operating permit does not relieve the operator of any
obligations which he has incurred under his approved reclamation plan or
otherwise. Where the mining operation itself has terminated, no
operating permit is required in order to carry out reclamation measures
under the reclamation plan.
An operating permit may be suspended or revoked for cause pursuant
to Section 48-20-160.
Section 48-20-70. An operator desiring to engage in mining shall
make written application to the department for an operating permit. The
application must be on a form furnished by the department and must state
fully the called for information. The applicant may be required to
furnish other information as may be necessary to the department in order
to enforce this chapter adequately.
The application must be accompanied by a reclamation plan which
meets the requirements of Section 48-20-90. No operating permit may be
issued until the plan has been approved by the department pursuant to
Section 48-20-90.
The application for an operating permit must be accompanied by a
signed agreement, in a form specified by the department, that if a bond
forfeiture is ordered pursuant to Section 48-20-170, the department and
its representatives and its contractors may make whatever entries on the
permitted land and take whatever actions necessary to carry out
reclamation which the operator has failed to complete.
The department shall publish notice of an application for an
operating permit or a substantial modification of an operating permit in
a newspaper of general circulation in the area of the proposed mining
activity and, to the extent practicable, shall notify the public of the
application. The department shall afford all interested parties
reasonable opportunity to submit data, views, or arguments orally or in
writing regarding the proposed mining activity. Opportunity for public
hearing must be granted if requested by ten persons or by a governmental
subdivision or agency or by an association having not less than ten
members and if the request for a hearing is based on sufficient technical
reasons. The request for a public hearing must be made within fifteen
calendar days from the latest date of public notice of an application.
The department shall consider fully all written and oral submissions
respecting the mining activity before final action by the department on
the application for an operating permit.
The department shall grant or deny the operating permit requested
as expeditiously as possible but in no event later than sixty calendar
days after the application form and any supplemental information required
has been filed with the department. Priority consideration must be given
to applicants who submit evidence that the mining proposed is for
supplying materials for highway maintenance or highway construction.
The department shall deny an operating permit upon finding that:
(1) a requirement of this chapter or a regulation promulgated
under it is to be violated by the proposed operation;
(2) the operation will have undue adverse effects on wildlife or
freshwater, estuarine, or marine fisheries;
(3) the operation will violate standards of air quality, surface
water quality, or groundwater quality which have been promulgated by the
South Carolina Department of Health and Environmental Control;
(4) the operation will constitute a substantial physical hazard to
a neighboring dwelling house, school, church, hospital, commercial or
industrial building, public road, or other public property;
(5) the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, publicly-owned forest, or
publicly-owned recreation area;
(6) previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
pollution; or
(7) the operator has not corrected all violations which he may
have committed under an operating permit or certificate of exploration
and which resulted in:
(a) revocation of his permit;
(b) forfeiture of part or all of his bond or other security;
(c) conviction of a misdemeanor under Section 48-20-230;
(d) any other court order issued under Section 48-20-230; or
(e) issuance of a notice of uncorrected violations.
In the absence of any such finding, an operating permit must be
granted.
An operating permit issued must be conditioned expressly on
compliance with all requirements of the approved reclamation plan for the
operation and with further reasonable and appropriate requirements and
safeguards of the department to assure that the operation complies fully
with the requirements and objectives of this chapter. The conditions may
include a requirement of visual screening, vegetative or otherwise, so
as to screen the view of the operation from public highways, public
parks, or residential areas, if the department finds the screening to be
feasible and desirable. Violation of the conditions must be treated as
a violation of this chapter and constitutes a basis for suspension or
revocation of the operating permit.
An operator wishing modification of the terms and conditions of an
operating permit or of the approved reclamation plan shall submit a
request for modification in accordance with the provisions of Section
48-20-80.
If the department denies an application for an operating permit, it
shall notify the operator in writing, stating the reasons for its denial
and modifications in the application which would make it acceptable. The
operator may modify his application or file an appeal, as provided in
Section 48-20-190, but the appeal may not be accepted more than thirty
days after notice of disapproval has been mailed to him at the address
shown on his application.
Upon approval of an application, the department shall set the amount
of the performance bond or other security which is to be required
pursuant to Section 48-20-110. The operator shall have sixty days
following the mailing of the notification in which to deposit the
required bond or security with the department. The operating permit may
not be issued until receipt of this deposit.
In addition to the applicant, all individuals and organizations
requesting in writing to be notified of final action concerning an
operating permit must be notified by the department. The time limits for
taking appeal may not be extended because of the timing of notices sent
pursuant to this paragraph.
When one operator succeeds to the interest of another in an
uncompleted mining operation, by virtue of a sale, lease, assignment, or
otherwise, the department may release the first operator from the duties
imposed upon him by this chapter with reference to the operation and
transfer the operating permit to the successor operator if both operators
have complied with the requirements of this chapter and if the successor
operator assumes the duties of the first operator with reference to
reclamation of the land and posts a suitable bond or other security.
Section 48-20-80. An operator engaged in mining under an
operating permit may apply for modification of the permit. The
application must be in writing upon forms furnished by the department and
must state fully the called-for information. The applicant may be
required to furnish other information as may be necessary to the
department to enforce this chapter adequately. It is not necessary to
resubmit information which has not changed since the time of a prior
application if the applicant states in writing that the information has
not changed.
A modification under this section may affect the land area covered
by the operating permit, the approved reclamation plan coupled with the
operating permit, or other terms and conditions of the permit. An
operating permit may be modified to include land neighboring the affected
or permitted land but not other lands. The reclamation plan may be
modified if the department determines that the modified plan fully meets
the standards set forth in Section 48-20-90 and that the modifications
are generally consistent with the basis for issuance of the original
operating permit. Other terms and conditions may be modified only if the
department determines that the permit as modified meets the requirements
of Sections 48-20-60 and 48-20-70.
In lieu of a modification, an operator may apply for a new permit
in the manner prescribed by Sections 48-20-60 and 48-20-70.
No modification of a permit becomes effective until required changes
have been made in the performance bond or other security posted under the
provisions of Section 48-20-110 to assure the performance of obligations
assumed by the operator under the permit and reclamation plan.
Section 48-20-90. An explorer shall submit with his application for
a certificate of exploration or an operator shall submit with his
application for an operating permit a proposed reclamation plan. The
reclamation plan for an operating permit only must be furnished to the
local soil and water conservation district in which the mining operation
is to be conducted. The plan must include as a minimum each of the
elements specified in the definition of 'reclamation plan' in Section
48-20-40 and other information required by the department. The
reclamation plan must provide that reclamation activities, particularly
those relating to control of erosion, to the extent feasible, must be
conducted simultaneously with mining operations and be initiated at the
earliest practicable time after completion or termination of mining on
a segment of the permitted land. The plan must provide that reclamation
activities must be completed within two years after completion or
termination of mining on each segment of the area for which an operating
permit is requested unless a longer period specifically is permitted by
the department.
The department may approve, approve subject to stated modifications,
or reject the plan. The department shall approve a reclamation plan as
submitted or modified, only if it finds that it adequately provides for
those actions necessary to achieve the purposes and requirements of this
chapter and that the plan meets the following minimum standards:
(1) The final slopes in all excavations in soil, sand, gravel, and
other unconsolidated materials are to be at such an angle as to minimize
the possibility of slides and be consistent with the future use of the
land.
(2) Provisions for safety to persons and to adjoining property
must be provided in all excavations in rock. Safety provisions may be
required for excavations in unconsolidated materials that are adjacent
to residential developments, schools, churches, hospitals, and commercial
and industrial buildings.
(3) In open cast mining operations, all overburden and spoil must
be left in a configuration which is in accordance with accepted
conservation practices and which is suitable for the proposed subsequent
use of the land.
(4) In no event may a provision of this section be construed to
allow small pools of water that are, or are likely to become, noxious,
odious, or foul to collect or remain on the mined area. Suitable
drainage ditches or conduits must be constructed or installed to avoid
those conditions. Lakes, ponds, and marsh lands are to be considered
adequately reclaimed lands when approved by the department.
(5) The type of vegetative cover and methods of its establishment
must be specified and in every case conform to accepted and recommended
agronomic and reforestation restoration practices as established by the
South Carolina Agricultural Experiment Station of Clemson University and
the South Carolina Forestry Commission. Advice and technical assistance
may be obtained through the state soil and water conservation districts.
The department may approve a reclamation plan despite the fact that
the plan does not provide for reclamation treatment of every portion of
the affected land if the department finds that because of special
conditions the treatment is not feasible for particular areas and that
the plan takes all practical steps to minimize the extent of the areas.
An operator shall have the right to substitute an area mined in the
past for an area presently being mined with the approval of the
department.
Section 48-20-100. The department may assess and collect fees to
assist with the costs of administering the provisions of this chapter.
All appropriate fees must be received by the department before
processing and approving an application as referenced in this chapter.
Section 48-20-110. Each applicant for a certificate of
exploration, and each applicant for an operating permit, shall file with
the department, upon approval of the application, and maintain in force
a bond in an amount set forth in this section. All bonds must be in
favor of the State of South Carolina, executed by a surety approved by
the Chief Insurance Commissioner in the amount set forth in this section.
The bond must be continuous in nature and must remain in force until
cancelled by the surety. Cancellation by the surety is effectuated only
upon sixty days' written notice to the department and to the operator.
The applicant may file a separate bond for each certificate of
exploration or operating permit or may file a blanket bond covering all
exploration activities or mining operations within the State for which
he holds certificates or permits. The amount of each bond required for
a certificate of exploration must be two thousand, five hundred dollars.
The amount of each bond for operating permits must be based upon the area
of affected land to be reclaimed under the approved reclamation plan to
which it pertains, less any area whose reclamation has been completed and
released from coverage by the department pursuant to Section 48-20-130.
If the area totals less than ten acres, the bond must be ten thousand
dollars. If it is ten acres or more but less than fifteen acres, the
bond must be fifteen thousand dollars. If it is fifteen or more acres
the bond must be twenty-five thousand dollars. If an area totals more
than twenty-five acres, the department may require a bond in excess of
twenty-five thousand dollars if a greater bond is necessary to insure
reclamation as provided by this chapter.
All mining operations must have the reclamation bond amounts in
effect by July 1, 1995, or before if the mining permit is modified to
increase the affected land.
The bond must be conditioned upon the faithful performance of the
requirements set forth in this chapter and of the regulations adopted
pursuant to it. Liability under the bond must be maintained as long as
reclamation is not completed in compliance with the approved reclamation
plan unless released only upon written notification from the department.
Notification must be given upon completion of compliance or acceptance
by the department of a substitute bond. In no event may the liability
of the surety exceed the amount of surety bond required by this section.
In lieu of the surety bond required by this section, the explorer
or operator may file with the department a cash deposit, registered
securities acceptable to the department, an assignment of a savings
account in a South Carolina bank, or other securities acceptable to the
department on an assignment form prescribed by the department.
If the license to do business in South Carolina of a surety upon a
bond filed pursuant to this chapter is suspended or revoked, the
operator, within sixty days after receiving notice, shall substitute for
the surety a good and sufficient corporate surety authorized to do
business in this State or file with the department one of the alternative
forms of surety prescribed in this section. Upon failure of the operator
to make the substitution, the permit must be suspended until the
substitute bond is posted and written documentation is provided to the
department.
Section 48-20-120. Within thirty days following the end of the
state fiscal year, and each year thereafter until reclamation is
completed and approved, the operator shall file a report of activities
completed during the preceding year for each permitted mining operation
on a form prescribed by the department which at a minimum:
(1) identifies the mine, the operator, and the permit number;
(2) states acreage disturbed by mining in the last twelve-month
period;
(3) states and describes the amount and type of reclamation by
segments carried out in the last twelve-month period;
(4) estimates acreage to be newly disturbed by mining in the next
twelve-month period;
(5) states and describes the amount and type of reclamation by
segments, expected to be carried out in the next twelve-month period;
(6) provides maps as specifically requested by the department.
As part of the annual report, the department may assess and collect
an annual operating fee for each mine. The department may assess and
collect a penalty following written notification to the operator by the
department for each annual report and annual operating fee not filed
within thirty days following the end of the state fiscal year. If the
required operating fee and the annual report are not filed by December
thirty-first following the end of the state fiscal year, the department
shall give written notice to the operator and then initiate permit
revocation proceedings in accordance with the provisions of Section
48-20-160.
Section 48-20-130. Upon receipt of the operator's annual report
or report of completion of reclamation and at any other reasonable time
the department may elect, the department shall inspect the permit area
to determine if the operator has complied with the reclamation plan, the
requirements of this chapter, regulations promulgated by its authority,
and the terms and conditions of his permit. Accredited representatives
of the department at all reasonable times may enter upon the land subject
to the certificate of exploration or operating permit for the purpose of
making the inspection.
The operator shall proceed with reclamation as scheduled in the
approved reclamation plan. Following its inspection, the department
shall give written notice to the operator of any deficiencies noted. The
operator shall commence action within thirty days to rectify these
deficiencies and proceed diligently until they have been corrected. The
department may extend performance periods referred to in this section and
in Section 48-20-90 for delays clearly beyond the operator's control but
only in cases where the department finds that the operator is making
every reasonable effort to comply. In the absence of corrective action
by the operator to rectify deficiencies where previous written notice has
been given, the department may issue a notice of uncorrected deficiencies
or violations.
Upon completion of reclamation of an area of affected land, the
operator shall notify the department. The department shall make an
inspection of the area and, if it finds that reclamation has been
properly completed, it shall notify the operator in writing and release
him from further obligations regarding the affected land. At the same
time, it shall release all of the appropriate portion of a performance
bond or other security which he has posted under Section 48-20-110.
If at any time the department finds that reclamation of the permit
area is not proceeding in accordance with the reclamation plan and that
the operator has failed within thirty days, or any extension of that date
after receiving a notice of uncorrected deficiencies to commence
corrective action, or if the department finds that reclamation has not
been completed properly in conformance with the reclamation plan within
two years, or longer if authorized by the department, after termination
of mining on any segment of the permit area, the operator shall show
cause why it has not complied, and, upon just cause given, an extension
of time to comply must be granted. If just cause is not demonstrated,
the department shall initiate forfeiture proceedings against the bonds
or other security filed by the operator under Section 48-20-170. The
failure constitutes grounds for suspension or revocation of the
operator's permit as provided in Section 48-20-160.
Section 48-20-140. The department may assess an administrative fee
as part of the issuance of notices of uncorrected deficiencies or
violations. A fee of two hundred fifty dollars may be assessed for the
first notice of uncorrected deficiencies or violations with subsequent
notices for the same deficiencies assessed at five hundred dollars a
notice. The operator may appeal the issuance of the notice of
uncorrected deficiencies and violations and administrative fees as
provided in Section 48-20-190.
Section 48-20-150. If at any time it appears to the department that
the activities under the reclamation plan and other terms and conditions
of the operating permit are failing to achieve the purposes and
requirements of this chapter, it shall give the operator written notice
of that fact, of its intention to modify the reclamation plan and other
terms and conditions of the permit in a stated manner, and of the
operator's right to a hearing on the proposed modification at a stated
time and place. The date for the hearing may not be less than thirty nor
more than sixty days after the date of the notice unless the department
and the operator mutually agree on another date. Following the hearing,
the department may modify the reclamation plan and other terms and
conditions of the permit in the manner stated in the notice or in such
other manner it considers appropriate in view of the evidence submitted
at the hearing.
Section 48-20-160. Whenever the department believes a violation
of this chapter, a regulation promulgated under it, or the terms and
conditions of a permit, including the approved reclamation plan, has
taken place, it shall serve written notice of that fact upon the
operator, specifying the facts constituting the apparent violation and
informing the operator of his right to a hearing at a stated time and
place. The date for the hearing may not be less than thirty nor more
than sixty days after the date of the notice, unless the department and
the operator mutually agree on another date. The operator may appear at
the hearing, either personally or through counsel, and present evidence
he desires in order to prove that no violation has taken place or exists.
If the operator or his representative does not appear at the hearing, or
if the department following the hearing finds that there has been a
violation, the department may suspend the permit until the violation is
corrected or may revoke the permit where the violation appears to be
wilful.
The effective date of a suspension or revocation is sixty days
following the date of the decision. An appeal to the council under
Section 48-20-190 stays the effective date until the council's decision.
A further appeal to the court of common pleas under Section 48-20-200
stays the effective date until the date of the court judgment. If the
department finds at the time of its initial decision that a delay in
correcting a violation may result in imminent peril to life or danger to
property or to the environment, it shall initiate promptly a proceeding
for injunctive relief under Section 48-20-230. The pendency of an appeal
from a suspension or revocation of a permit has no effect upon the
action.
An operator whose operating permit has been suspended or revoked
must be denied a new permit or a reinstatement of the suspended permit
to engage in mining until he gives evidence satisfactory to the
department of his ability and intent to comply fully with the provisions
of this chapter, regulations promulgated under it, and the terms and
conditions of his permit, including the approved reclamation plan, and
that he has corrected satisfactorily all deficiencies or previous
violations.
Section 48-20-170. Whenever the department determines the necessity
of a bond forfeiture under the provisions of Section 48-20-130, or
whenever it revokes an operating permit under the provisions of Section
48-20-160, it shall request the Attorney General to initiate forfeiture
proceedings against the bond or other security filed by the operator or
explorer under Section 48-20-110, but no such request may be made for
forfeiture of a bond until the surety has been given written notice of
the violation and a reasonable opportunity of at least sixty days to take
corrective action. The proceedings must be brought in the name of the
State of South Carolina. In the proceedings, the face amount of the bond
or other security, less any amount released by the department pursuant
to Section 48-20-130, must be treated as liquidated damages and subject
to forfeiture. All funds collected as a result of the proceedings must
be placed in a special fund and used by the department to carry out, to
the extent possible, and in a cost-effective manner, the reclamation
measures which the operator or explorer has failed to complete. Funds
remaining after the reclamation plan has been completed must be refunded
to the surety. If the amount of the bond or other security filed
pursuant to this section proves to be insufficient to complete the
required reclamation pursuant to the approved reclamation plan, the
operator or explorer is liable to the department for any excess above the
amount of the bond or other security which may be required to defray the
cost of completing the required reclamation.
Section 48-20-180. Whenever written notice must be given by the
department, it must be mailed by registered or certified mail to the
permanent address of the operator set forth in his most recent
application for an operating permit or for a modification of a permit.
No other notice is required.
Section 48-20-190. An applicant for a certificate of exploration
or operating permit or a person who is aggrieved and is directly affected
by the permit may appeal to the council from a decision or determination
of the department issuing, refusing, modifying, suspending, revoking, or
terminating a certificate of exploration or operating permit or
reclamation plan, or imposing a term or condition on the certificate,
permit, or reclamation plan. An explorer or operator may appeal to the
council from a decision or determination of the department issuing a
notice of deficiencies or violations and administrative fees or assessing
civil penalties. The person taking the appeal within thirty days after
the department's decision shall give written notice to the council
through its secretary that he desires to appeal and filing a copy of the
notice with the department at the same time. If more than one appeal
regarding the same certificate, permit, or reclamation plan is filed with
the council within the thirty-day period following the decision by the
department, the council may consolidate the hearing and review of the
appeals by the council. The chairman of the council shall fix a
reasonable time, not less than twenty nor more than forty days from the
receipt of the appeal, and place for a hearing, giving reasonable notice
to the applicant, appellant, and to the department. The council, or a
committee of the council designated by the council's rules of procedure,
or if agreed by appellant, the council, the operator, and the department,
a hearing panel consisting of one or more individuals shall conduct a
full and complete hearing as to the matters in controversy, and within
thirty days shall give a written decision setting forth its findings of
fact and its conclusions. The council or its designated committee or the
hearing panel may affirm, affirm with modifications, or overrule the
decision of the department and may direct the department to take action
required to effectuate its decision. A further appeal may be taken from
the appellate decision to the court of common pleas as provided in
Section 48-20-200.
Section 48-20-200. An appeal to the courts may be taken from any
decision of the council, or its designated committee or the hearing
panel, in the manner provided by Chapter 7 of Title 18. An appeal also
may lie against the department's refusal to release part or all of a bond
or other security posed under Section 48-20-110 as provided in Section
48-20-130. The appeal may be filed in the court of common pleas for
Richland County or for the county in which the mining operation is to be
conducted.
Section 48-20-210. The council shall promulgate regulations to
implement the provisions of this chapter as provided by Article 1,
Chapter 23 of Title 1. The regulations must set forth the duties of
operators applying for certificates of exploration and operating permits
under this chapter and also those of the department director, his
subordinates, or designees. No regulation becomes effective until after
public hearings before the council. The public hearings are to be held
after thirty days, notice of which has been published in the
Administrative Procedures Act and sent to each person who has requested
to be notified by the council of the hearing and notice published for
three weeks in a newspaper having general circulation in the State.
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. 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. 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 the provisions of Section 48-20-190.
No civil penalties may be assessed on existing permitted mining
operations until July 1, 1991.
Section 48-20-230. In addition to other penalties provided by this
chapter, an operator who engages in mining in wilful violation of the
provisions of this chapter or of regulations promulgated under it or who
wilfully misrepresents a fact in an action taken pursuant to this chapter
or wilfully gives false information in an application or report required
by this chapter is guilty of a misdemeanor and, upon conviction, must be
fined not less than one hundred dollars nor more than one thousand
dollars for each offense. Each day of continued violation after written
notification is a separate offense.
In addition to other remedies, the department may institute an
appropriate action or proceedings to prevent, restrain, correct, or abate
a violation of this chapter or a regulation promulgated under this act.
Section 48-20-240. All fees and civil penalties collected under
the provisions of this chapter must be deposited in the general fund
through the State Treasurer.
Section 48-20-250. No provision of this chapter supersedes,
affects, or prevents the enforcement of a zoning regulation or ordinance
within the jurisdiction of an incorporated municipality or county or by
an agency or department of this State, except when a provision of the
regulation or ordinance is in direct conflict with this chapter.
Section 48-20-260. No provisions of this chapter may restrict or
impair the right of a private or public person to bring a legal or
equitable action for damages or redress against nuisances or hazards.
Section 48-20-270. Nothing contained in this chapter and no action
or failure to act under this chapter may be construed to impose liability
on the State, commission, district, or an agency, officer, or employee
of the State for the recovery of damages caused by the action or failure
to act.
Section 48-20-280. The provisions of this chapter do not apply
to those activities of the State Highways and Public Transportation
Commission, nor of a person acting under contract with the commission,
on highway rights-of-way or borrow pits maintained solely in connection
with the construction, repair, and maintenance of the public road systems
of the State. This exemption does not become effective until the
commission has adopted reclamation standards applying to those activities
and the standards have been approved by the council. At the discretion
of the department, the provisions of this chapter may apply to mining on
federal lands.
Section 48-20-290. The department, with the approval of the
Governor, and in order to accomplish any of the purposes of the
department, may apply for, accept, and expend grants from the federal
government and its agencies and from a foundation, corporation,
association, or individual may enter into contracts relating to the
grants, and may comply with the terms, conditions, and limitations of the
grants or contracts. The department may engage in appropriate research
to further its ability to accomplish its purposes under this chapter and
may contract for the research to be done by others. The department may
cooperate with the federal, state, or a local government or agency of
this or any other state in mutual programs to improve the enforcement of
this chapter or to accomplish its purposes more successfully.
Section 48-20-300. All lands mined subsequent to July 1, 1974,
must be included in a reclamation plan.
Section 48-20-310. The civil penalties imposed upon certain
violations of this chapter, including failure to act, do not include a
violation which was caused by an act of God, war, strike, riot, or other
catastrophe when negligence on the part of the violator was not the
proximate cause."
Repeal
SECTION 3. Chapter 19, Title 48 of the 1976 Code is repealed.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 7th day of May, 1990.
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