Terms Used In South Carolina Code > Title 48 > Chapter 20 - South Carolina Mining Act

• Affected land: means :
  
  (a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or
  
  (b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed. See South Carolina Code 48-20-40
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Closure: means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment. See South Carolina Code 48-20-40
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the Mining Council created by §§ 48-21-10 and 48-21-20. See South Carolina Code 48-20-40
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
• Dependent: A person dependent for support upon another.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Minerals: means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth. See South Carolina Code 48-20-40
• Mining: means :
  
  (a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;
  
  (b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. See South Carolina Code 48-20-40
• Neighboring: means in close proximity, in the immediate vicinity, or in actual contact. See South Carolina Code 48-20-40
• Oath: A promise to tell the truth.
• 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
• Overburden: means the earth, rock, and other materials that lie above the natural deposit of minerals. See South Carolina Code 48-20-40
• Permitted land: means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land. See South Carolina Code 48-20-40
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• 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
• Refuse: means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources. See South Carolina Code 48-20-40
• Termination of mining: means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. See South Carolina Code 48-20-40
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.