Current Status Introducing Body:House Bill Number:4773 Primary Sponsor:Sharpe Committee Number:01 Type of Legislation:GB Subject:Mining activities Residing Body:Senate Current Committee:Agriculture & Natural Resources Computer Document Number:NO5/7616BDW.94 Introduced Date:19940217 Last History Body:Senate Last History Date:19940426 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sharpe Koon Riser Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4773 Senate 19940426 Introduced, read first time, 01
referred to Committee
4773 House 19940421 Read third time, sent to
Senate
4773 House 19940420 Read second time
4773 House 19940406 Committee Report: Favorable 20
4773 House 19940217 Introduced, read first time, 20
referred to Committee
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COMMITTEE REPORT
April 6, 1994
H. 4773
S. Printed 4/6/94--H.
Read the first time February 17, 1994.
To whom was referred a Bill (H. 4773), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS N. RHOAD, for Committee.
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 SECTION 48-20-220, RELATING TO RESTRAINING ORDERS, INJUNCTIONS, AND CIVIL PENALTIES PERTAINING TO VIOLATIONS BY EXPLORERS AND MINERS, SO AS TO AUTHORIZE CEASE AND DESIST ORDERS AND CIVIL PENALTIES FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 48-20-55. (A) The department may develop and implement a general permit for the regulation of certain mining activities conducted pursuant to this chapter. The general permit applies only to affected areas two acres or less and is restricted to excavation for topsoil, sand, or sand and clay fill material which does not require further processing. The department may limit the time period for excavation conducted pursuant to the general permit. The general permit must contain, as a minimum, standard plans and specifications for environmental protection, stormwater management, public safety, and reclamation of affected lands.
(B) Operators conducting mining activities in accordance with the general permit shall notify the department before initiation of mining. If determined to be appropriate and necessary to ensure environmental protection or public safety, the department may require the operator to obtain an operating permit in lieu of the general permit.
(C) In addition to other penalties provided in this chapter, failure to implement conditions included in the general permit may result in the requirement for submittal of site-specific plans and the issuance of an operating permit by the department in accordance with Sections 48-20-60 and 48-20-70."
SECTION 2. Section 48-20-220 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-220. (A) 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:
(1) department may issue an immediate cease and desist order. A cease and desist order also may be issued for conducting mining without notifying the department pursuant to the requirements for a general permit 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;
(2) 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. An operator may be subject to civil penalties for conducting mining without notifying the department pursuant to the requirements for a general permit or for not complying with the requirements of the general permit during mining. 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.
(B) 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 3. This act takes effect upon approval by the Governor.