South Carolina Code 48-20-190. Appeals of decisions or determinations of department
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Terms Used In South Carolina Code 48-20-190
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Council: means the Mining Council created by §§ 48-21-10 and 48-21-20. See South Carolina Code 48-20-40
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
- Exploration: means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. See South Carolina Code 48-20-40
- Explorer: means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
- Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 48-20-40
- Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
- Reclamation: means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. See South Carolina Code 48-20-40
- Reclamation plan: means the operator's written proposal as required and approved by the department for reclamation of the affected land, which includes but is not limited to:
(a) proposed practices to protect adjacent surface resources;
(b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;
(c) manner and type of revegetation or other surface treatment of the affected areas;
(d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area;
(e) method of compliance with state air and water pollution laws;
(f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources;
(g) proposed methods to limit significant adverse effects on significant cultural or historic sites;
(h) method of rehabilitation of settling ponds;
(i) method of control of contaminants and disposal of mining refuse;
(j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution;
(k) maps and other supporting documents reasonably required by the department; and
(l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of § 48-20-90. See South Carolina Code 48-20-40
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 § 48-20-200.