The provisions of this chapter do not apply to those activities of the:
(1) South Carolina State Ports Authority, nor of a person acting under contract with the authority; undertaken solely in connection with the construction, repair, and maintenance of the authority's shipping container terminals;
(2) Department of Transportation, nor of a person acting under contract with the department, on highway rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public road systems of the State. This exemption does not become effective until the department has adopted reclamation standards applying to those activities and the standards have been approved by the council. At the discretion of the department, the provisions of this chapter may apply to mining on federal lands; or
Text of (3) effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation. See Editor's Note.
(3) Department of Commerce, Division of Public Railways, nor of a person acting under contract with the Department of Commerce, on rail rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public rail infrastructure of the State.
HISTORY: 1990 Act No. 454, Section 2; 1993 Act No. 181, Section 1225; 2016 Act No. 188 (H.4932), Section 7, eff May 25, 2016; 2018 Act No. 209 (S.1099), Section 1, eff May 15, 2018 and eff upon contingency.
Editor's Note
2018 Act No. 209, Section 2, provides as follows:
"SECTION 2. Section 48-20-280(3) is effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation."
Effect of Amendment
2016 Act No. 188, Section 7, added the paragraph identifiers, and inserted (1), relating to the South Carolina State Ports Authority.
2018 Act No. 209, Section 1, added (3), relating to the Division of Public Railways of the Department of Commerce, and made nonsubstantive changes.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 20 - South Carolina Mining Act
Section 48-20-10. Short title.
Section 48-20-20. Chapter purpose.
Section 48-20-30. Department responsible for administration of chapter.
Section 48-20-40. Definitions.
Section 48-20-50. Certificates of exploration.
Section 48-20-55. General permits for limited mining.
Section 48-20-60. Operating permits generally.
Section 48-20-70. Application for, and issuance of, operating permit.
Section 48-20-80. Modifications of operating permit.
Section 48-20-90. Reclamation plans.
Section 48-20-100. Authority to assess and collect fees.
Section 48-20-110. Bonding or other security requirements.
Section 48-20-120. Annual report of operator; operating fee; late penalty.
Section 48-20-130. Inspections; notice of deficiencies.
Section 48-20-140. Administrative fee for deficiencies.
Section 48-20-150. Modification of reclamation plans.
Section 48-20-160. Notice of violations; hearings; suspension or revocation of permit.
Section 48-20-170. Bond or security forfeiture proceedings.
Section 48-20-180. Manner of giving written notice.
Section 48-20-190. Appeals of decisions or determinations of department.
Section 48-20-210. Department to promulgate regulations.
Section 48-20-220. Cease and desist orders; restraining orders or injunctions; civil penalties.
Section 48-20-240. Disposition of fees and civil penalties.
Section 48-20-250. Affect of chapter on local zoning regulations or ordinances.
Section 48-20-260. Chapter not to restrict or impair private right of action.
Section 48-20-270. Chapter not to impose liability on State for damages.
Section 48-20-280. Application of chapter.
Section 48-20-300. Lands to be included in reclamation plans.