reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 15 - Low Country Resources, Conservation And Development Authority › Section 48-15-40. Funds to come from member counties and other political subdivisions; costs include attorney fees and other incidental expenses.

All funds used by the authority to acquire lands and rights in land may be provided by the county governments comprising the authority or other political subdivisions, including the United States Government.
The costs of acquiring rights-of-way or other interests in land shall include attorney's fees and all other expenses incidental thereto.
HISTORY: 1962 Code Section 63-504; 1968 (55) 2822.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 15 - Low Country Resources, Conservation And Development Authority › Section 48-15-50. Rights-of-way and easements.

When political subdivisions of the State submit requests to the authority for works of improvement, and when the authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of drainage canals, including necessary clearing of vegetation, tidal flood gates, and disposition of excavated materials, according to standards of good drainage and other works of improvement as described in Section 48-15-30 (9), (10), (11), (12), (13), and (14), the authority may by virtue of this chapter acquire by any means, including condemnation rights-of-way and easements necessary to locate, survey, cause to be constructed, and to maintain works of improvement for the purpose of draining wet or overflow lands, or lands subject to overflow. The drainage or flood prevention must be considered public benefits and conducive to public health, convenience, and welfare.
HISTORY: 1962 Code Section 63-505; 1968 (55) 2822; 1987 Act No. 173, Section 25.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 17 - Crossroads Of History Resource, Conservation And Development Authority › Section 48-17-10. Crossroads of History Resource, Conservation and Development Authority created; purpose.

There is hereby created the Crossroads of History Resource, Conservation and Development Authority which shall be a body corporate and politic hereinafter referred to as the "Authority." The purpose of the Authority shall be to institute and operate programs of watershed protection and flood prevention and any and all other measures to improve, enlarge, increase and otherwise enhance the conservation and development of all resources in the counties of Chester, Cherokee, Fairfield, Lancaster, Union and York.
HISTORY: 1962 Code Section 63-511; 1970 (56) 2441.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 17 - Crossroads Of History Resource, Conservation And Development Authority › Section 48-17-20. Membership of Authority; appointment, terms and organization.

The Authority shall be composed of thirteen members who shall be appointed by the Governor. The original members shall be the present commissioners of the Crossroads of History Resource, Conservation and Development Project. There shall be two members from each county, and one member at large.
The terms of office shall be for four years, except of those initially appointed, one member from each county, and the member at large, shall be appointed for two-year terms.
The organizational meeting shall be called by the present chairman of the Crossroads of History Resource, Conservation and Development Project as soon as all members have been appointed and qualified. Upon the expiration of any member's term, or should a vacancy occur, the remaining members shall make recommendations for appointment to the Governor.
HISTORY: 1962 Code Section 63-512; 1970 (56) 2441.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 17 - Crossroads Of History Resource, Conservation And Development Authority › Section 48-17-30. Powers of authority.

In order to carry out the purposes for which it was created the Authority shall have the following powers:
(1) To have perpetual succession;
(2) To sue and be sued;
(3) To adopt, use and alter a corporate seal;
(4) To define a quorum for its meetings;
(5) To establish a principal office;
(6) To make bylaws for the management and regulation of its affairs;
(7) To accept gifts or grants of services, properties or moneys from the United States Government or any of its agencies or from the State or any of its political subdivisions or from private or other sources;
(8) To sell, lease, or otherwise dispose of any of its property or interest therein to any political subdivision of the State of South Carolina or any Federal or State agency in furtherance of the purposes and provisions of this chapter;
(9) Clean out, straighten, open up, widen, or deepen, any watercourse or natural stream without diminishing the quality or quantity of the flow of water therein;
(10) Construct and maintain main and lateral ditches, canals, levees, dikes, dams, revetments, reservoirs, holding basins, and pumping stations and connect them or any of them with any canals, drains, ditches, levees or other works;
(11) Construct or enlarge or cause to be constructed or enlarged any and all bridges that may be needed across any ditch, canal, floodway, holding basin, excavation, public highway, railroad right-of-way, track, grade, fill or cut;
(12) Construct roadways over levees and embankments;
(13) Construct any and all of such works and improvements across, through or over any public highway, railroad right-of-way, track, grade, fill or cut;
(14) Remove any fence, building or other improvement;
(15) Hold, control and acquire by donation or purchase and if need be condemn any land, easement, railroad right-of-way, reservoir, holding basin or franchise for rights-of-way, holding basins or for any of the purposes herein provided or for material to be used in constructing and maintaining the works and improvements for draining, protecting and reclaiming the lands;
(16) To exercise the rights of eminent domain. The condemnation of an existing public use must be denied unless it is shown that the specific property to be condemned is absolutely essential to the Authority and the use to be condemned does not materially impair the existing public use.
All of the above powers shall be exercised within the geographical boundaries of the counties comprising the Authority.
HISTORY: 1962 Code Section 63-513; 1970 (56) 2441; 1987 Act No. 173, Section 26.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 17 - Crossroads Of History Resource, Conservation And Development Authority › Section 48-17-40. Funds shall come from member counties and other political subdivisions; "cost" includes attorney fees and other incidental expenses.

All funds used by the Authority to acquire lands and rights in land may be provided by the county governments comprising the Authority or other political subdivisions, including the United States Government.
The costs of acquiring rights-of-way or other interests in land shall include attorney's fees and all other expenses incidental thereto.
HISTORY: 1962 Code Section 63-514; 1970 (56) 2441.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 17 - Crossroads Of History Resource, Conservation And Development Authority › Section 48-17-50. Rights-of-way and easements.

When political subdivisions of the State submit requests to the Authority for works of improvement, and when the Authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of floodwater retarding dam and stream channel improvement, including necessary clearing of vegetation, and disposition of excavated material, according to standards of good drainage and other works of improvement as described in Section 48-17-30 (9), (10), (11), (12), (13), and (14), the Authority may by virtue of this chapter acquire by any means, including condemnation, rights-of-way, and easements necessary to locate, survey, cause to be constructed, and to maintain works of improvement for the purpose of flood preventing and draining wet or overflow lands, or lands subject to overflow. The drainage or flood prevention must be considered public benefits and conducive to public health, convenience, and welfare.
HISTORY: 1962 Code Section 63-515; 1970 (56) 2441; 1987 Act No. 173, Section 27.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-10. Short title.

This chapter may be cited as the Erosion and Sediment Reduction Act of 1983.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-20. Definitions.

As used in this chapter:
(1) "Erosion" means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof.
(2) "Sediment" means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them.
(3) "Sedimentation" means the process or action of depositing sediment.
(4) "Land disturbing activity" means any land change which may result in excessive erosion and sedimentation.
(5) "Stormwater" means the direct runoff of water and associated material resulting from precipitation in any form.
(6) "Local government" means any county or municipality.
(7) "Soil and water conservation district" or "conservation district" means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and "conservation district board" means the governing body of a soil and water conservation district.
(8) "Department" means the South Carolina Department of Health and Environmental Control.
(9) "Privately owned land" means all land not owned by the State, a state agency, quasi-state agency, subdivision of the State, or a federal governmental agency.
(10) "Quasi-state agency" means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. For the purpose of this chapter, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.
(11) "Board" means the board of the department.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-30. Exceptions from application of chapter.

This chapter does not apply to the following:
(1) Activities regulated by the South Carolina Mining Act (Chapter 20 of Title 48).
(2) Beach erosion, which for the purpose of this chapter, means removal of soil, sand, or rock from the land adjacent to the ocean due to wave action.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-40. Duties and responsibilities of department.

The department shall implement a statewide erosion and sediment reduction and stormwater management program as follows:
(1) The department is designated as the state agency responsible for developing, coordinating, and promoting erosion and sediment reduction and stormwater management programs in the State.
(2) The department must develop general guidelines for reducing erosion and sedimentation and improving stormwater management for use by conservation districts, local government, landowners, and land users of the State. The department must publicize and promote these guidelines through information and education programs.
(3) The department must conduct surveys, investigations, and assessments of erosion, sediment, and stormwater management problems.
(4) The department must make available existing technical assistance upon request to local governments, conservation districts, landowners, and land users.
(5) The department must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners, and must develop regulations for this purpose pursuant to Section 48-18-70. The regulations shall apply to privately owned lands only where they are under the management or control of the State, a state agency, or quasi-state agency through right-of-way easements or other agreements.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-50. State Advisory Council on erosion and sediment reduction; membership; duties.

(1) A state Advisory Council on Erosion and Sediment Reduction (State Advisory Council), which may include, but not be limited to, a representative of each of the following, must be appointed by the Governor upon the advice of the following agencies and organizations:
South Carolina Association of Counties
South Carolina Municipal Association
South Carolina Association of Conservation Districts
South Carolina Home Builders Association
Associated General Contractors, Inc.
South Carolina Association of Realtors
South Carolina Chapter, American Society of Landscape Architects
South Carolina Chapter, American Society of Civil Engineers
Council of Governments Executive Director's Committee
South Carolina Farm Bureau
South Carolina State Grange
Office of the Governor
USDA-Soil Conservation Service
Clemson University
South Carolina Department of Health and Environmental Control
South Carolina Forestry Commission
South Carolina Forestry Association
South Carolina Chapter
American Institute of Architects
(2) The department must provide staff support to the State Advisory Council.
(3) Duties of the State Advisory Council include, but are not limited to the following:
(a) Study the erosion and sediment reduction and stormwater management programs of other states and evaluate their applicability to South Carolina.
(b) Evaluate erosion, sedimentation, and stormwater conditions in the State.
(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the State.
(d) Assist the department with educational programs including, but not limited to, seminars, conferences, workshops, media productions, and written publication.
(e) Compile information pertaining to sedimentation of water bodies in the State.
(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.
(g) Evaluate the need for additional legislation for erosion and sediment reduction and stormwater management.
(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.
(i) Provide information to the department as needed.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-60. Conservation districts; duties and responsibilities.

(1) The Conservation Districts shall:
(a) Assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards.
(b) Provide leadership in the promotion of erosion and sediment reduction and stormwater management within their boundaries.
(c) Coordinate and seek assistance of governmental agencies, organizations, landowners, and land users for erosion and sediment reduction and stormwater management.
(d) Conduct demonstrations on erosion and sediment reduction and stormwater management utilizing proven conservation technology.
(e) Assist in the preparation of conservation plans for erosion and sediment reduction as requested by landowners and land users.
(f) Provide available technical assistance for erosion and sediment reduction and stormwater management planning upon request by landowners and land users.
(g) Perform other duties as defined in the Conservation Districts Law (Chapter 9 of Title 48).
(2) Each conservation district must appoint an Advisory Council on Erosion and Sediment Reduction (Local Advisory Council) which may include, but not be limited to a:
(a) local homebuilder.
(b) local contractor.
(c) local realtor.
(d) municipal councilman.
(e) county planning agency representative.
(f) county councilman.
(g) conservation district commissioner.
(h) county farm bureau representative.
(i) county grange representative.
(j) USDA-Soil Conservation Service representative.
(k) county extension service representative.
(l) State Forestry Commission representative.
(m) local civil engineer.
(n) local architect.
(o) local landscape architect.
(3) Duties of the Local Advisory Council include, but are not limited to, the following:
(a) Study the erosion and sediment reduction and stormwater management programs of other districts and evaluate their applicability to its respective district.
(b) Evaluate erosion, sedimentation, and stormwater conditions in the district.
(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the district.
(d) Assist the district with educational programs, including but not limited to, seminars, conferences, workshops, media productions, and written publications.
(e) Compile information pertaining to sedimentation of water bodies in the district.
(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.
(g) Evaluate the need for additional programs for erosion and sediment reduction and stormwater management.
(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.
(i) Provide information to the district as needed.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-70. Promulgation of regulations by department; inspection of lands; responsibilities of Department of Transportation and Forestry Commission.

(1) The department shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners, except that the regulations may not apply to forest land owned or managed by the South Carolina Forestry Commission. The regulations apply to privately-owned lands only where they are under the management or control of this State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications, and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The department shall develop and propose for approval the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer shall insure that the regulations are followed on all land and land disturbing activities under his jurisdiction.
(2) The department or its designated representative may inspect land owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1) of this section.
(3) A state agency found by the department to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section shall take the necessary steps indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems.
(4) The department in consultation with the South Carolina Department of Transportation shall promulgate regulations for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the department.
(5) The South Carolina Forestry Commission shall develop a plan, in consultation with the department, for erosion and sediment reduction and stormwater management on forest land owned or managed by the Forestry Commission, and shall implement the plan.
HISTORY: 1984 Act No. 277, Section 2; 1991 Act No. 51, Section 3A; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 18 - Erosion And Sediment Reduction Act Of 1983 › Section 48-18-80. Reports by conservation districts.

Each conservation district must submit to the department an annual evaluation report with input from the Local Advisory Council on the progress in erosion and sediment reduction and stormwater management in the district. The department shall submit a comprehensive report to the Governor and the General Assembly every five years.
HISTORY: 1984 Act No. 277, Section 2; 1993 Act No. 181, Section 1219.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-20. Chapter purpose.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-30. Department responsible for administration of chapter.

The South Carolina Department of Health and Environmental Control 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 department seek comment from other relevant state agencies regarding matters within their respective areas of statutory responsibility or primary interests. The department 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.
HISTORY: 1990 Act No. 454, Section 2; 1993 Act No. 181, Section 1220.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-50. Certificates of exploration.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-55. General permits for limited mining.

(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.
HISTORY: 1997 Act No. 8, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-60. Operating permits generally.

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 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 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.
HISTORY: 1990 Act No. 454, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, "Section 48-20-110" was substituted for "Section 40-20-110" in the first sentence of the fifth paragraph.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-80. Modifications of operating permit.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-100. Authority to assess and collect fees.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-120. Annual report of operator; operating fee; late penalty.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-130. Inspections; notice of deficiencies.

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.
HISTORY: 1990 Act No. 454, Section 20.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-140. Administrative fee for deficiencies.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-150. Modification of reclamation plans.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-170. Bond or security forfeiture proceedings.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-180. Manner of giving written notice.

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.
HISTORY: 1990 Act No. 454, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-190. Appeals of decisions or determinations of department.

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 file 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 Administrative Law Court as provided in Section 48-20-200.
HISTORY: 1990 Act No. 454, Section 2; 2006 Act No. 387, Section 29.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-200. Appeals of decision of council, its committee or hearing panel; appeal of department's refusal to release bond or security.

An appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) may be taken from any decision of the council, or its designated committee or the hearing panel. An appeal also may lie against the department's refusal to release part or all of a bond or other security posted pursuant to Section 48-20-110 as provided in Section 48-20-130.
HISTORY: 1990 Act No. 454, Section 2; 2006 Act No. 387, Section 30.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-210. Department to promulgate regulations.

The department 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.
HISTORY: 1990 Act No. 454, Section 2; 1993 Act No. 181, Section 1223.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 20 - South Carolina Mining Act › Section 48-20-220. Cease and desist orders; restraining orders or injunctions; civil penalties.

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.
HISTORY: 1990 Act No. 454, Section 2; 1997 Act No. 8, Section 3.