reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS › Article 8 - RESEARCH INVOLVING PERSONS ELIGIBLE FOR SERVICES › Section 88-810 - Review and Approval of Research Proposals

Current through Register Vol. 48, No. 6, June 28, 2024
A. Research Review Committee
(1) The Department Research Review Committee
			 (the Committee) shall be designated and chaired by the State Director or a
			 designee. The Committee shall include executive staff and others as appointed
			 by the chairperson. The Committee retains authority for final approval for
			 research involving persons eligible for services from the Department.
(2) The Committee will have at least three
			 (3) members with varying backgrounds to promote the complete and appropriate
			 review of proposed activities.
(3)
			 The Committee shall review all research proposals to ascertain the
			 acceptability of the proposed research in terms of departmental commitments and
			 regulations, applicable laws, research participant protections and standards of
			 professional conduct and practice. A copy of the proposal approved by an
			 Institutional Review Board (IRB) appropriate to the employer of the
			 investigator is required for the proposal to be reviewed by the Committee to
			 include procedures for obtaining informed consent, obtaining more information
			 and exiting the study. A local Human Rights Committee shall review any research
			 proposals that involve personal contact, observation, or interaction prior to
			 submission to the Committee to ensure that the rights and welfare of the
			 research participants are protected; that informed consent is obtained by
			 adequate and appropriate methods; that individuals served are not used as
			 captive sources of research; that the research is in no way detrimental to
			 their welfare, and are consistent with federal regulation 45 CFR 46 (6/18/91),
			 Protection of Human Subjects.
(4)
			 Only research proposals approved by the Committee shall be implemented and for
			 the designated period included in the issued written
			 approval.
South Carolina Code of Regulations › Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS › Article 8 - RESEARCH INVOLVING PERSONS ELIGIBLE FOR SERVICES › Section 88-815 - Protection of Rights and Welfare of Research Participants

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any research conducted must conform to the
			 scientific, legal, and ethical principles which justify all research and should
			 emerge from a sound theoretical basis or follow previously accepted research
			 design.
B. Any research involving
			 routine medical examinations or behavioral intervention techniques shall be
			 conducted only by qualified professionals in adequately equipped settings and
			 with the appropriate liaison or supervision during which a suitably qualified
			 clinician is used.
Where body integrity may be violated or when otherwise
				appropriate, medical liaison or supervision shall be included.
C. All caution in exercise of
			 research is limited not only to physical harm, but also includes unwarranted
			 psychological or emotional impairment to the research participant or his/her
			 family or legal guardian.
D. All
			 experimentation shall be planned in such a way as to avoid pain, suffering, or
			 inconvenience to the research participant and his/her family or legal
			 guardian.
E. A copy of the signed
			 informed consent form, for each research participant, shall be maintained by
			 the Department.
F. All
			 investigators who are not employees of the Department, a DSN Board or a
			 Qualified Provider and who are allowed access to information about individuals
			 served shall sign a confidentiality statement which shall be maintained in a
			 file containing the research proposal and approval at the Department.
This shall be maintained in the file containing the research
				proposal and approval at the Department.
G. Facilities and programs are required to
			 meet provisions of the federal regulations 45 CRF 46 Protection of Human
			 Subjects.
H. Any concerns or
			 complaints regarding the research may be addressed directly to the chairperson
			 of The Department Review Committee and shall be investigated.
South Carolina Code of Regulations › Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS › Article 8 - RESEARCH INVOLVING PERSONS ELIGIBLE FOR SERVICES › Section 88-820 - Publications

Current through Register Vol. 48, No. 6, June 28, 2024
A. The investigator
			 shall provide a copy of the final research report to the participating
			 programs, facilities, and the chair of The Department Research Review
			 Committee.
B. A copy shall also be
			 forwarded to the State Director (if the chair is the designee of the State
			 Director) prior to submission for publication.
C. All manuscripts submitted for publication
			 which bear the facility or the Department name and sponsorship must be approved
			 by the State Director prior to submission to a professional journal or
			 publishing company.
D. Any
			 published material or lectures on the particular project or study shall contain
			 the following statement: "Research involving persons eligible for services from
			 the South Carolina Department of Disabilities and Special Needs is
			 acknowledged, but it is not to be construed as implying official approval of
			 the South Carolina Department of Disabilities and Special Needs of the
			 conclusions presented."
South Carolina Code of Regulations › Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS › Article 9 - UNCLASSIFIED FACILITIES AND PROGRAMS › Section 88-910 - Unclassified Settings and Programs

Current through Register Vol. 48, No. 6, June 28, 2024
A. An unclassified setting or program is one which:
(1) Under the provisions of Section 88-110 A. must be licensed, and
(2) Is substantially different from settings and programs classified and defined in these regulations.
South Carolina Code of Regulations › Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS › Article 9 - UNCLASSIFIED FACILITIES AND PROGRAMS › Section 88-915 - Application for License of an Unclassified Setting or Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application for license shall be made as required by R. 88-115. Such application shall contain specific and detailed information on the following:
(1) Name, mailing address, and location of setting or program;
(2) Name and address of the Qualified Provider;
(3) Name and address of the owner or Chairman of the Board of Directors;
(4) Description of Services to be provided; and
(5) Number and general description of Participants to be served.
South Carolina Code of Regulations › Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS › Article 9 - UNCLASSIFIED FACILITIES AND PROGRAMS › Section 88-920 - Determination by the Department

Current through Register Vol. 48, No. 6, June 28, 2024
A. In making a determination as to whether or not a setting or program should be licensed, the Department shall foster the health, safety, and welfare of the Participants being served. The Department shall consider the health and safety provisions required by the regulations for classified settings and/or programs, and such other factors as may be appropriate to the Candidate setting or program.
B. The Department will grant a License to such unclassified setting or program if, in the judgment of the Department, such setting or program:
(1) Provides a beneficial Service to Participants;
(2) Observes appropriate standards to safeguard the health and safety of Participants, staff, and public;
(3) Documents that buildings involved have been approved for such use by the Office of State Fire Marshall;
(4) Does not exploit the Participants, their families, or the public.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-10 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Terms which have been defined in the Act shall have the same
			 definitions when utilized in these Regulations. Additional definitions are as
			 follows:
A. "Temporary overburden"
		  means overburden which will be moved back into the mine or which will otherwise
		  be disposed of in reclaiming the mined areas.
B. "Permanent overburden" means overburden
		  that will be moved directly from the source to its planned final
		  location.
C. "Best Management
		  Practices" (erosion and sediment control) means a practice or combination of
		  practices that are determined by the Department to be an effective and
		  practicable means of controlling nonpoint pollutants, particularly a practice
		  or combination of practices that are determined to be an effective and
		  practicable means of erosion and sediment control. Acceptable practices may
		  include, but not be limited to: check dams, diversions, filter berms, drop
		  structures, dust suppressants, mulching, riprap, sediment basins, sediment
		  traps, engineered stream crossings, and vegetation.
D. "Topsoil" means the surface layer and/or
		  its underlying materials that have properties capable of producing desirable
		  reclamation and vegetation.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-20 - Activities Requiring Permits

Current through Register Vol. 48, No. 6, June 28, 2024
No operator shall engage in mining without having first obtained
			 from the Department an operating permit which covers the affected land provided
			 that no permit shall be required for those activities specifically exempted by
			 the Act. An operating permit shall be required if the affected land for an
			 exploratory excavation involving the development of open pits, trenches, open
			 cuts or tunneling is to exceed two acres. An operating permit will not be
			 required to remove minerals stockpiled prior to July 1, 1974, or if the
			 affected land for an exploratory excavation is to be less than two acres as
			 long as no minerals from such exploratory activity are sold, processed for
			 sale, or consumed in the regular operation of business. A Certificate of
			 Exploration shall be required for exploratory excavations involving the
			 development of open pits, trenches, open cuts or tunneling, and which will
			 affect an area two acres or less. A Certificate of Exploration is not required
			 for core drilling or sample drilling or conducting geophysical and geochemical
			 sampling and analysis.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-30 - Exemption from Operating Permit

Current through Register Vol. 48, No. 6, June 28, 2024
An operating permit shall not be required for excavation or
			 grading conducted solely in aid of on-site farming or on-site construction.
			 This shall include grading, backfilling, plowing or excavating areas for
			 agriculture, aquaculture, silviculture or on-site construction. In the event
			 the Department is uncertain as to the specific use of material resulting from
			 on-site farming or on-site construction, a letter of intent may be required
			 prior to granting an exemption from an operating permit. Exemptions granted by
			 the Department may include references to other required plans or permits
			 including, but not limited to, local land use permits, grading permits, erosion
			 and sediment control plans or conservation plans.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-40 - Development of Administrative Forms

Current through Register Vol. 48, No. 6, June 28, 2024
The development of all administrative forms necessary to comply
			 with the South Carolina Mining Act and as referenced in these regulations shall
			 be initiated by the Department. Development of all forms by the Department
			 shall include advice and input by interested parties and shall include a 30 day
			 period of review prior to adoption for official use. In the event the content
			 of the forms is not satisfactory to the interested parties, the forms shall be
			 submitted to the South Carolina Mining Council for declaratory
			 ruling.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-50 - Application Requirements for a Certificate of Exploration

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section
		  48-20-50
		  of the Act states that an explorer engaging in exploration activities regulated
		  pursuant to the Section shall make written application to the Department on
		  forms furnished by the Department. A completed application shall consist of:
(1) One copy of Form MR-200 entitled
		  "Application for a Certificate of Exploration".
(2) One copy of Form MR-300 entitled
		  "Reclamation Plan for Exploration".
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-60 - Application Requirements for an Operating Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section
		  48-20-70
		  of the Act states that any operator desiring to engage in mining shall make
		  written application to the Department on the forms furnished by the Department.
		  A completed application shall consist of:
(1)
		  One copy of the form entitled "Application for a Mining Permit".
(2) Two copies of the form entitled
		  "Reclamation Plan".
(3) One copy of
		  the form entitled "Land Entry Agreement-Owner" (MR-600) (if the mine operator
		  owns the land) or one copy of the form entitled "Land Entry
		  Agreement-Lessor/Lessee" (MR-700) (if the mine operator leases the
		  land).
(4) One copy of a letter
		  from an attorney attesting to the ownership of the property, ownership of
		  mineral rights and that the operator has acquired rights to mine the
		  property.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-70 - Application for a Mining Permit

Current through Register Vol. 48, No. 6, June 28, 2024
Form MR-400 entitled "Application for a Mining Permit", shall be
			 completed in typewritten or hand printed form as part of the completed
			 application.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-90 - Land Entry Agreement

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  Form MR-600, entitled "Land Entry Agreement for Land Owned by Mine Operator",
		  shall be completed in typewritten or hand printed form as part of the completed
		  application; or
B. Form MR-700,
		  entitled "Land Entry Agreement for Land Leased by Mine Operator", shall be
		  completed in typewritten or hand printed form as part of the completed
		  application. Lessor's consent will not be required for leases executed prior to
		  July 18, 1980.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-100 - Advertising and Notice of an Applicant's Intent to Mine or Substantial Modification of a Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
		  applicant for a permit shall provide the most recent county tax map(s) and
		  names and addresses of the owners of real property, as they appear on the
		  county tax maps, as contiguous to the proposed mine permit area. The Department
		  shall send a notification to contiguous landowners of the application by
		  regular mail.
B. Any notice of an
		  applicant's intent to mine or of a substantial modification of a permit which
		  may be required by law shall be advertised in a newspaper of general
		  circulation in the area of the proposed mine. The advertisement will appear
		  once a week for two consecutive weeks. The Department shall be responsible for
		  the cost of advertising.
C. The
		  advertisement must be at least two column inches long and state the name of the
		  applicant, the location of the proposed mine, the county, the city, town or
		  community nearest to the proposed mine, the primary mineral(s) to be mined,
		  proposed land use(s) following reclamation and the last date of the public
		  comment period.
D. Advertising will
		  be considered complete when the Department receives affidavit(s) of
		  publication.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-110 - Public Hearings Upon Request Following Advertisement of Intent to Mine or Substantial Modification of a Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. A public hearing will be held by the
		  Department, following the last required date of advertisement of any
		  application for a permit or any substantial modification, when requested in
		  writing by ten persons or by a governmental subdivision or agency or by an
		  association having not less than ten members. A request for a public hearing
		  must also be based on sufficient technical reasons. The Department shall send a
		  notice acknowledging receipt of a petition for a public hearing to the
		  applicant and to the petitioners within fifteen (15) calendar days following
		  receipt of the petition.
B. Public
		  hearings held pursuant to this Section shall be for the purpose of receiving
		  data, views, comments or arguments from all interested parties concerning any
		  application for a permit to mine or substantial modification of an existing
		  permit. A public hearing is not an adjudicatory hearing pursuant to the
		  Administrative Procedures Act.
C.
		  Requests for a public hearing are considered to have been made when received by
		  the Department within fifteen (15) calendar days from the date of last required
		  advertisement.
D. When a public
		  hearing has been scheduled by the Department, public notice of the hearing
		  shall be given at least thirty (30) calendar days prior to the date on which
		  the public hearing will be held.
(1) The
		  public notice shall contain all of the following information:
(a) The date of the notice;
(b) The Department's name, address, and
		  telephone number;
(c) A statement
		  of the date, time, and location of the public hearing;
(d) A statement that the Department will hold
		  a public hearing to receive written and oral comments on a proposed application
		  or modification; and
(e) A short
		  statement describing the nature of the application or modification;
		  and
(f) A statement indicating the
		  final date for receipt of written comments.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-120 - Terms and Conditions of Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. The terms and conditions of the permit
		  shall be as set forth in the approved Application for a Mining Permit and the
		  approved Reclamation Plan.
B. The
		  Department may impose terms and conditions on the applicant's or operator's
		  permit provided:
(1) There is a basis in law
		  for the provision of such terms and conditions; and
(2) The Department shall have reviewed the
		  mining and reclamation plans of applicant or operator; and
(3) Inspected the lands permitted or to be
		  permitted; and
(4) Determined that
		  applicant's or operator's plans are inadequate for public safety and to
		  properly protect and safeguard the land, water, air and environment of adjacent
		  non-permitted lands; and
(5) The
		  Department shall notify the applicant or operator in writing of the terms and
		  conditions imposed and the reasons for such additional terms and
		  conditions.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-130 - Operating Permit Survey Control Points

Current through Register Vol. 48, No. 6, June 28, 2024
A. The operator shall be required to clearly
		  mark the boundary of the permitted area prior to initiating mining. Boundary
		  markers shall be maintained throughout the life of the mine. The operator shall
		  also install and maintain two (2) permanent survey monuments or control points
		  within the permitted area at least 100 feet apart.
B. As determined to be necessary, the
		  Department may require the operator to place control markers at the boundary of
		  the area to be affected under the operating permit.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-140 - Minimum Standards for Environmental Protection and Land Reclamation

Current through Register Vol. 48, No. 6, June 28, 2024
A. In all excavation
		  of rock, provisions for safety to persons and to adjoining property must be
		  provided including, but not limited to the following requirements:
(1) Fencing may be required at any excavation
		  in rock which exceeds twenty feet in depth. Fencing along "natural barriers"
		  such as swamps, rivers, and salt marsh may not be required. Fencing along sides
		  of quarries on natural slopes or where no highwall is present may be required
		  to discourage access to the base of highwalls present in other parts of the
		  quarry. Cultural or other barriers including, but not limited to, rock
		  barricades, elevated roadways, railroads and building facades may be accepted
		  by the Department.
(2) The type of
		  fence required by the Department depends primarily on the location of the
		  excavation. The types of fences which may be required by the Department are
		  woven wire, barbed wire, chain link, or combination of the three. Woven and
		  barbed wire fences are generally suitable for rural areas with no adjacent
		  development. Chain link fences are suitable generally for urbanized or heavily
		  developed areas. If the area adjacent to an excavation becomes urbanized after
		  a fence suitable for a more remote location has been installed and accepted,
		  upgrading of the fence may be required.
(3) Woven wire fence fabric shall be at least
		  thirty-nine inches in width. Woven wire fences shall be topped with two strands
		  of two-point, twelve and one-half gauge or heavier barbed wire having barbs not
		  over five inches apart. Thirty-nine inch woven wire shall have nine lines with
		  six inch spacing on stay wires. Barbed wire fences shall have at least five
		  equally spaced strands of four-point barbed wire, twelve and one-half gauge or
		  heavier with barbs not more than five inches apart. The top strand must be
		  forty-five inches above the ground. Chain link fence fabric shall be not less
		  than sixty inches in width. Forty-eight inch chain link fences may be
		  substituted for woven wire or barbed wire fences. Chain link fences must be
		  eleven and one-half gauge and have a tension wire or rails at the top and
		  bottom. Higher chain link fences or chain link fences topped with three or four
		  strands of four-point, twelve and one-half gauge or heavier barbed wire, with
		  barbs not over five inches apart, may be required in certain cases. The bottom
		  strand of the fence shall not come in contact with the ground and there must be
		  no excessive openings between the ground and the bottom of the fence. Opening
		  under fences, caused by crossing ditches or small ground depressions where it
		  is not practical for the fencing to follow closely the contour of the ground,
		  must be fenced or otherwise closed.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-150 - Surface Blasting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pre-Blast Survey
(1) Prior to initial blasting activities or
		  significant modification of a permit which expects to use blasting, the
		  operator shall be responsible for a pre-blast survey of inhabited structures
		  (commercial buildings, homes, churches, barns) that are within one-half mile of
		  any blasting to be conducted by the operator. The survey may exclude structures
		  that the operator owns or has a waiver of damage.
(2) The operator shall submit to the
		  Department the names and addresses of the owners of inhabited structures within
		  the one-half mile. The Department will notify, in writing, the appropriate
		  structure owner informing them of their right to have their structures
		  inspected at no cost to the structure owner. Based on the response from the
		  owner, the Department will notify the operator as to which structures are to be
		  inspected.
(3) The survey shall be
		  conducted by a consultant or other qualified person retained by the operator
		  and approved by the Department. The consultant or other qualified person shall
		  inspect each designated structure to determine the base line condition of that
		  structure before blasting is initiated.
(4) The owner shall have the right to be
		  present during the survey of his structure. A written report of the inspection
		  shall be submitted to the Department, owner of the structure and to the
		  operator.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-160 - Requirements for Substitution of Land to be Reclaimed

Current through Register Vol. 48, No. 6, June 28, 2024
An operator shall have the right to substitute and reclaim an
			 area mined in the past for an area presently being mined, the substitution
			 being subject to approval by the Department. Such substitutions may be made on
			 an acre-for-acre basis if the estimated cost of reclamation is comparable.
			 Other ratios may be agreed upon depending on the relative ease of reclamation
			 or upon the value or desirability of reclaiming such substituted
			 land.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-170 - Departmental Procedure for Granting a Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. When the Department receives the
		  Application for a Mining Permit, it shall advertise the applicant's intent to
		  mine.
B. The Department may refer
		  copies of the Application for a Mining Permit to the State Water Resources
		  Commission, Department of Health and Environmental Control, Wildlife and Marine
		  Resources Department, Coastal Council, Department of Archives and History,
		  Institute of Archeology and Anthropology, Department of Highways and Public
		  Transportation, appropriate County Council or County Administrator's office,
		  appropriate town or municipal government office or other state or local
		  agencies for review and comment. The Department may request the assistance of
		  other state agencies or local agencies in evaluating the application and the
		  reclamation plan or in developing the terms and conditions.
C. Within sixty days from the time the
		  completed application for a permit is filed, the Department shall approve,
		  approve with stated modifications, or disapprove the application.
D. Upon approval of the application, the
		  Department shall:
(1) Set the amount of bond
		  required;
(2) Notify the applicant
		  in writing of:
(a) The date of
		  approval;
(b) The amount of bond
		  required;
(c) The date by which
		  bond must be posted, and;
(d) The
		  terms and conditions of the permit.
(3) Send a copy of the approved Reclamation
		  Plan to the local Soil and Water Conservation District.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-180 - The Reclamation Bond

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  In the event a surety bond will be given to secure the obligation for
		  reclamation, Form MR-800 will be completed.
B. In the event cash or registered securities
		  or a savings account assignment will be given to secure the obligation for
		  reclamation, Form MR-900 will be completed.
C. In the event, cash, registered securities,
		  or a savings account assignment will be given to secure the obligation for
		  reclamation, Form MR-1000 must also be completed. All registered securities
		  must be assigned and registered to the State of South Carolina. Savings
		  accounts must be issued jointly in the name of the operator and State of South
		  Carolina.
D. In the event an
		  irrevocable letter of credit will be given to secure the obligation for
		  reclamation, Form MR-1050 will be completed.
E. The following items will be verified by
		  the Department to determine the acceptability of a letter of credit:
(1) The letter of credit must be issued by a
		  financial institution which is federally insured and must be issued or
		  confirmed through a South Carolina institution with a minimum asset value of
		  fifty million ($50,000,000) dollars.
(2) The document must be immediately payable
		  on demand by and to the State of South Carolina in the full amount of the
		  required bond.
(3) The letter of
		  credit must be accompanied by power of attorney granting the Department full
		  power to assign, appropriate, apply or transfer the deposit or any portion
		  thereof, for the satisfaction of any damages, assessments, late payment
		  charges, penalties, or deficiencies arising out of any default in the
		  performance of the terms covered by the bond.
(4) The letter of credit must contain a
		  clause providing that, in the absence of notice from the financial institution
		  to the Department at least 90 days prior to the stated or any extended
		  expiration date not to renew the credit represented by the letter of credit,
		  the letter of credit will be automatically renewed in full force and effect for
		  an additional one year period.
(5)
		  The letter of credit must authorize the Department to exercise the right to
		  collect the full amount of credit from the financial institution in the event
		  of either (1) a default occurring prior to the expiration date (including any
		  extended date) or (2) failure of the operator to furnish an acceptable
		  substitute bond at least 30 days prior to the expiration of the letter of
		  credit if the financial institution gives proper 90 day notice of intent not to
		  renew the letter of credit.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-190 - Requirements and Procedures for Handling Surety Bonds or Other Securities

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
		  will deposit registered securities, certificates of deposit, passbooks for the
		  assignment of a savings account with the State Treasurer's Office.
B. Interest, rents or dividends payable on
		  such securities or accounts shall accrue to the interest of, shall be paid to,
		  or shall be withdrawn or collected by the operator.
C. Prior to posting registered securities as
		  a reclamation bond, and at least annually thereafter, the Department shall
		  require the operator to have a Securities Analyst conduct an evaluation of the
		  financial performance of the underlying entity.
D. The Department will place cash deposits in
		  an escrow account, non-interest bearing to the operator, with the State
		  Treasurer.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-200 - Amount of Bond or Other Security

Current through Register Vol. 48, No. 6, June 28, 2024
A. A bond or other security must be provided
		  to cover the land to be affected by mining for a three-year period of operation
		  plus all affected areas including sediment or tailings ponds, stock or waste
		  piles, entrance roads and processing plants. An operator, upon prior approval
		  by the Department, may reduce the required bond amount by reclaiming abandoned
		  mined land.
B. For mining
		  operations with affected lands greater than twenty-five (25) acres, the
		  Department may require the operator to prepare a written estimate of the cost
		  of reclamation activities. Cost estimates prepared by the operator may be used
		  by the Department in establishing reclamation bond amounts. The cost estimate
		  shall reflect the customary and prevailing rate for performing and completing
		  all reclamation requirements.
C. In
		  the event a mining operation with an affected area greater than twenty-five
		  (25) acres exceeds the bonded acreage by more than ten (10) percent, the
		  Department shall be notified in writing. Following notification, the Department
		  shall evaluate the bonded acreage and determine the bond amount for the total
		  affected area.
D. In the event it
		  is found at any time that the amount of disturbed land for which a bond or
		  other surety has been posted is more than the bonded area, the Department may
		  require the operator to file additional bond or surety sufficient to cover the
		  amount of land disturbed by such operation.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-210 - Annual Reclamation Report

Current through Register Vol. 48, No. 6, June 28, 2024
Form MR-1100, entitled "Annual Reclamation Report", shall be
			 completed in typewritten or hand printed form as required by the
			 Act.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-220 - Application for Modifying a Mining Permit and/or Reclamation Plan

Current through Register Vol. 48, No. 6, June 28, 2024
When an operator requests modification of a mining permit and/or
			 reclamation plan, Form MR-1300, entitled "Application for Modifying a Mining
			 Permit and/or Reclamation Plan", shall be completed in typewritten or hand
			 printed form and submitted to the Department.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-230 - Transfer of Operating Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  In accordance with Section
		  48-20-70
		  of the Act, an operating permit may be transferred when one succeeds to the
		  interest of another. An operating permit may be transferred to the successor
		  operator when the following documents have been completed and submitted to the
		  Department for review:
(1) One copy of Form
		  MR-1400 entitled "Transfer Agreement".
(2) One copy of Form MR-500 entitled
		  "Reclamation Plan".
(3) One copy of
		  Form MR-600 entitled "Land Entry Agreement-Owner" (if the mine operator owns
		  the land) or one copy of Form MR-700 entitled "Land Entry Agreement
		  -Lessor/Lessee (if the mine operator leases the land).
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-240 - Inspections by the Department

Current through Register Vol. 48, No. 6, June 28, 2024
The Department, by and through its accredited representatives,
			 may conduct inspections and investigations of the permitted area at any
			 reasonable time for the purposes of determining whether the operator has
			 complied with the reclamation plan, the requirements of the Mining Act, any
			 rules and regulations promulgated thereunder, and the terms and conditions of
			 the Certificate of Exploration or operating permit. Prior to or at the time of
			 such inspection or investigation, the Department's accredited representative
			 shall notify the explorer or operator by any appropriate method that an
			 inspection is to be conducted. The accredited representative shall comply with
			 the regulations of the Mine Safety and Health Administration when conducting
			 inspections pursuant to this regulation.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-250 - Criteria for Determining Amount of Civil Penalty

Current through Register Vol. 48, No. 6, June 28, 2024
In determining the amount of civil penalty assessment, pursuant
			 to Section
			 48-20-220
			 of the S. C. Mining Act, the Department shall consider the following criteria
			 insofar as they are appropriate to the violation:
(A) Nature of violation;
(B) Degree and extent of the harm, including
		  off-site damage;
(C) Duration of
		  the violation;
(D) Cause of the
		  violation;
(E) Cost of compliance
		  and rectifying any harm or damage;
(F) Violator's previous record of compliance
		  with the Mining Act, or any rules promulgated thereunder, or any mining permit
		  issued to the violator;
(G)
		  Documented staff investigative costs consisting of salary plus expenses,
		  exclusive of overhead;
(H)
		  Effectiveness of any action taken by the operator;
(I) Magnitude of potential or actual gains by
		  the operator resulting from the violation;
(J) Demonstration of good faith by
		  operator.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-260 - Grounds for Canceling an Application for a Permit

Current through Register Vol. 48, No. 6, June 28, 2024
If the required performance bond is not filed with the Department
			 within sixty days following the mailing of notification of approval of the
			 applicant's application for a permit, the Department will cancel the
			 Application for a Mining Permit including the reclamation plan, unless such
			 delay beyond sixty days can be clearly shown to have been beyond the
			 applicant's control.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-270 - Termination of Mining Operation

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  The Department may declare a mining operation or a segment of a mining
		  operation terminated when no mineral has been excavated or extracted or
		  overburden removed or regraded for a period of twenty-four (24) consecutive
		  months.
B. At the request of the
		  operator and with the approval of the Department, an operation where no mineral
		  or overburden has been removed for twenty-four (24) consecutive months will not
		  be terminated if mining has not begun or if:
(1) Best Management Practices for sediment
		  and erosion control are installed to the extent feasible on disturbed
		  areas.
(2) Drainage control
		  structures such as culverts and ditches are properly installed and
		  maintained.
(3) Vegetation is
		  established and maintained as determined to be feasible.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-280 - Hearings and Hearing Procedure for Suspension or Revocation of Mining Permits by the Department

Current through Register Vol. 48, No. 6, June 28, 2024
All hearings before the Department involving the suspension or
			 revocation of mining permits shall be conducted in accordance with Section
			 48-20-160
			 of the 1976 South Carolina Code of Laws and Act 176 of 1977 as amended; and,
			 any decision of the Department shall be in writing and shall comply with the
			 provisions of Act 176 of 1977 as amended.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-300 - Declaratory Ruling

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
		  person may petition the Council for a declaratory ruling as to the
		  applicability of any statutory provision or the content of administrative forms
		  or of any rule or order of the South Carolina Mining Council.
B. Such a petition shall be in written form
		  and addressed to the Chairman of the Council.
C. A decision on the petition shall be issued
		  in written form within sixty days of receipt of the petition, provided that
		  this period may be extended with the written approval of the
		  petitioner.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-310 - Petition for Promulgation, Amendment, or Repeal of Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any interested
		  person may petition the South Carolina Mining Council requesting the
		  promulgation, amendment, or repeal of any regulation.
B. This petition shall be in written form and
		  addressed to the Chairman of the Council.
C. Within thirty days of receipt of the
		  petition, the Council shall either deny the petition or initiate
		  regulation-making proceedings.
D.
		  In any case where the Council denies the petition, it shall do so in written
		  form and it shall state the reasons for its denial.
E. A hearing may be initiated by any
		  aggrieved person seeking to contest the authority of the South Carolina Mining
		  Council to promulgate a regulation provided that a written request for such a
		  hearing is submitted to the South Carolina Mining Council prior to final
		  promulgation of the regulation.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-320 - Notices

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever written notice is required to be given by the
			 Department, such notice shall be mailed by registered or certified mail to the
			 permanent address of the applicant or operator as set forth in his most recent
			 application for an operating permit or for a modification or latest Annual
			 Reclamation Report. No other notice shall be required.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-330 - Criteria for Approval of Reclamation Plan and Completed Land Reclamation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Minimum standards
		  for final slopes in all excavations in soil, sand, gravel, or other
		  unconsolidated materials.
The final slopes in all excavations in soil, sand, gravel and
			 other unconsolidated materials shall be at such an angle as to minimize the
			 possibility of slides and be consistent with the future use of the land and
			 shall not be steeper than 3H:1V, unless approved by the Department.
B. Minimum safety standards for
		  excavations.
(1) Provisions for safety to
		  persons and to adjoining property must be provided in all excavations. If
		  deemed necessary by the Department, other appropriate provisions may be
		  required, including but not limited to, fences, guardrails, sloping, warning
		  signs and other protective measures.
(2) Safety to adjoining property shall be
		  provided by adequate setback, slope angles, or other provisions as deemed
		  necessary by the Department. If necessary to provide safety, mine operators may
		  be required to leave a minimum undisturbed buffer zone between the mine
		  excavation and contiguous property line or highway right-of-way, unless other
		  safety provisions are approved by the Department.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-340 - Fee Schedule

Current through Register Vol. 48, No. 6, June 28, 2024
A. In
		  accordance with Section
		  48-20-100
		  of the S. C. Mining Act (S. C. Code of Laws, 1976, as amended), the following
		  mining and reclamation fee schedules are established:
(1) Mining permit application fee
		  $600.
(2) Mining permit conversion
		  fee $600. (In lieu of Permit Renewal)
(3) Mining permit substantial modification
		  fee $600.
(4) Mining permit
		  transfer fee $600.
(5) Certificate
		  of Exploration fee $300.
South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-350 - Administrative Forms

Current through Register Vol. 48, No. 6, June 28, 2024
Administrative forms to be used by the Department are as
			 follows:
A. Form MR-200 Application
		  for a Certificate of Exploration
B.
		  Form MR-300 Reclamation Plan for Exploration
C. Form MR-400 Application for a Mining
		  Permit
D. Form MR-500 Reclamation
		  Plan
E. Form MR-600 Land Entry
		  Agreement-Owner
F. Form MR-700 Land
		  Entry Agreement-Lessor/Lessee
G.
		  Form MR-800 Reclamation Bond Form to Post a Surety Bond
H. Form MR-900 Reclamation Bond Form to Post
		  a Bond for Other Than a Surety Bond
I. Form MR-1000 Reclamation Bond Form for
		  Assignment
J. Form MR-1050
		  Reclamation Bond Form to Post an Irrevocable Letter of Credit
K. Form MR-1100 Annual Reclamation
		  Report
L. Form MR-1300 Application
		  for Modifying a Mining Permit and/or Reclamation Plan
M. Form MR-1400 Transfer Agreement
South Carolina Code of Regulations › Chapter 90 - DEPARTMENT OF MOTOR VEHICLES › Article 1 - MOTORIST INSURANCE IDENTIFICATION DATABASE › Section 90-001 - Introduction

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina (SC) Department of Motor Vehicles (DMV) is
				implementing the South Carolina Automobile Liability Insurance Reporting (SC
				ALIR) System that collects automobile liability insurance information from
				insurers that are licensed to provide automobile liability insurance in the
				state. The DMV will cross-reference the collected information to South Carolina
				driver and vehicle data to identify registered vehicles that do not meet the
				minimum automotive liability insurance requirements of the
				state.
South Carolina Code of Regulations › Chapter 90 - DEPARTMENT OF MOTOR VEHICLES › Article 1 - MOTORIST INSURANCE IDENTIFICATION DATABASE › Section 90-002 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Cancellation or
			 Refusal to Renew Date is the date provided in the notice required by Section
			 38-77-120.
B. Implementation Guide is the document
			 developed by the Working Group to govern the policies and procedures required
			 for the administration of the SC ALIR.
C. Newly Licensed Driver's List is the list
			 defined in Section
			 56-10-640
			 and will be provided to insurers for a fee prescribed by the
			 Department.
D. SR-22 is the
			 notification filed with the department to show proof of future financial
			 responsibility as required by section
			 56-9-550.
E. SR-26 is the notification filed with the
			 department to show that an insurer has cancelled the financial responsibility
			 coverage as required in 56-9-550.
F. Compliance Transaction is a transaction
			 reporting insurance coverage subsequent to a DMV suspension notice.
G. Agency Reporting System is a system that
			 allows insurance agencies to report compliance transactions using the SCALIR
			 web interface.
South Carolina Code of Regulations › Chapter 90 - DEPARTMENT OF MOTOR VEHICLES › Article 1 - MOTORIST INSURANCE IDENTIFICATION DATABASE › Section 90-003 - Method of Communication Options for Insurers

Current through Register Vol. 48, No. 6, June 28, 2024
A. The SC ALIR System will provide insurers
			 with the following options for data communications with the SC ALIR System for
			 reporting cancellation and compliance transactions.
(1) Internet File Transfer Protocol (FTP)
			 accepting both Electronic Data Interchange (EDI) and Text document.
(2) Value Added Network (VAN) accepting EDI
			 documents.
(3) Internet Hyper-Text
			 Transfer Protocol (HTTP) or Web accepting direct data entry.
(4) Other forms of communication approved by
			 the Department in the Implementation Guide, upon recommendation of the Working
			 Group.
South Carolina Code of Regulations › Chapter 90 - DEPARTMENT OF MOTOR VEHICLES › Article 1 - MOTORIST INSURANCE IDENTIFICATION DATABASE › Section 90-003.1 - File Transfer Protocol (FTP) Data Communication

Current through Register Vol. 48, No. 6, June 28, 2024
Insurers that wish to transmit large files to the SC ALIR
				System without incurring the costs of a VAN may use the FTP option. Secured FTP
				accounts and folders will be created within the SC ALIR System for the insurers
				that choose the FTP option while registering with the SC ALIR System. Login,
				folder structure and other necessary information will be provided to insurers
				to allow access their specific folders.