South Carolina Code 48-20-70. Application for, and issuance of, operating permit
The application must be accompanied by a reclamation plan which meets the requirements of § 48-20-90. No operating permit may be issued until the plan has been approved by the department pursuant to § 48-20-90.
Terms Used In South Carolina Code 48-20-70
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Land: includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. See South Carolina Code 48-20-40
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mining: means :
(a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;
(b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. See South Carolina Code 48-20-40 - Neighboring: means in close proximity, in the immediate vicinity, or in actual contact. See South Carolina Code 48-20-40
- Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 48-20-40
- Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
- 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
The application for an operating permit must be accompanied by a signed agreement, in a form specified by the department, that if a bond forfeiture is ordered pursuant to § 48-20-170, the department and its representatives and its contractors may make whatever entries on the permitted land and take whatever actions necessary to carry out reclamation which the operator has failed to complete.
The department shall publish notice of an application for an operating permit or a substantial modification of an operating permit in a newspaper of general circulation in the area of the proposed mining activity and, to the extent practicable, shall notify the public of the application. The department shall afford all interested parties reasonable opportunity to submit data, views, or arguments orally or in writing regarding the proposed mining activity. Opportunity for public hearing must be granted if requested by ten persons or by a governmental subdivision or agency or by an association having not less than ten members and if the request for a hearing is based on sufficient technical reasons. The request for a public hearing must be made within fifteen calendar days from the latest date of public notice of an application. The department shall consider fully all written and oral submissions respecting the mining activity before final action by the department on the application for an operating permit.
The department shall grant or deny the operating permit requested as expeditiously as possible but in no event later than sixty calendar days after the application form and any supplemental information required has been filed with the department. Priority consideration must be given to applicants who submit evidence that the mining proposed is for supplying materials for highway maintenance or highway construction.
The department shall deny an operating permit upon finding that:
(1) a requirement of this chapter or a regulation promulgated under it is to be violated by the proposed operation;
(2) the operation will have undue adverse effects on wildlife or freshwater, estuarine, or marine fisheries;
(3) the operation will violate standards of air quality, surface water quality, or groundwater quality which have been promulgated by the South Carolina Department of Health and Environmental Control;
(4) the operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public property;
(5) the operation will have a significantly adverse effect on the purposes of a publicly-owned park, publicly-owned forest, or publicly-owned recreation area;
(6) previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; or
(7) the operator has not corrected all violations which he may have committed under an operating permit or certificate of exploration and which resulted in:
(a) revocation of his permit;
(b) forfeiture of part or all of his bond or other security;
(c) conviction of a misdemeanor under § 48-20-230;
(d) any other court order issued under § 48-20-230; or
(e) issuance of a notice of uncorrected violations.
In the absence of any such finding, an operating permit must be granted.
An operating permit issued must be conditioned expressly on compliance with all requirements of the approved reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards of the department to assure that the operation complies fully with the requirements and objectives of this chapter. The conditions may include a requirement of visual screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas, if the department finds the screening to be feasible and desirable. Violation of the conditions must be treated as a violation of this chapter and constitutes a basis for suspension or revocation of the operating permit.
An operator wishing modification of the terms and conditions of an operating permit or of the approved reclamation plan shall submit a request for modification in accordance with the provisions of § 48-20-80.
If the department denies an application for an operating permit, it shall notify the operator in writing, stating the reasons for its denial and modifications in the application which would make it acceptable. The operator may modify his application or file an appeal, as provided in § 48-20-190, but the appeal may not be accepted more than thirty days after notice of disapproval has been mailed to him at the address shown on his application.
Upon approval of an application, the department shall set the amount of the performance bond or other security which is to be required pursuant to § 48-20-110. The operator shall have sixty days following the mailing of the notification in which to deposit the required bond or security with the department. The operating permit may not be issued until receipt of this deposit.
In addition to the applicant, all individuals and organizations requesting in writing to be notified of final action concerning an operating permit must be notified by the department. The time limits for taking appeal may not be extended because of the timing of notices sent pursuant to this paragraph.
When one operator succeeds to the interest of another in an uncompleted mining operation, by virtue of a sale, lease, assignment, or otherwise, the department may release the first operator from the duties imposed upon him by this chapter with reference to the operation and transfer the operating permit to the successor operator if both operators have complied with the requirements of this chapter and if the successor operator assumes the duties of the first operator with reference to reclamation of the land and posts a suitable bond or other security.