South Carolina Code 48-20-60. Operating permits generally
An operating permit may be modified to include land neighboring the affected or permitted land in accordance with procedures set forth in § 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.
Terms Used In South Carolina Code 48-20-60
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Council: means the Mining Council created by §§ 48-21-10 and 48-21-20. See South Carolina Code 48-20-40
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
- Land: includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. See South Carolina Code 48-20-40
- 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. See South Carolina Code 48-20-40 - Neighboring: means in close proximity, in the immediate vicinity, or in actual contact. See South Carolina Code 48-20-40
- Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 48-20-40
- Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
- 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. See South Carolina Code 48-20-40
- Reclamation: means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. See South Carolina Code 48-20-40
- 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 § 48-20-90. See South Carolina Code 48-20-40
No operating permit may be issued except in accordance with the procedures set forth in § 48-20-70. No operating permit may be modified except in accordance with the procedures set forth in § 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 § 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 § 48-20-110. 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 § 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 § 48-20-160.