No operator may engage in mining without having first obtained from the department an operating permit which covers the affected land and which has not been terminated, revoked, suspended for the period in question, or otherwise invalidated.
An operating permit may be modified to include land neighboring the affected or permitted land in accordance with procedures set forth in Section 48-20-80. A separate operating permit is required for each mining operation that is not on land neighboring a mining operation for which the operator has a valid permit.
No operating permit may be issued except in accordance with the procedures set forth in Section 48-20-70. No operating permit may be modified except in accordance with the procedures set forth in Section 48-20-80 or 48-20-150.
An appeal from the department's decision regarding an operating permit may be taken to the council, as provided by Section 48-20-190.
No operating permit becomes effective until the operator has deposited with the department an acceptable performance bond or other security pursuant to Section 48-20-110. If at any time the bond or other security, or any part of it, lapses for a reason other than a release by the department, and the lapsed bond or security is not replaced by the operator within thirty days after notice of the lapse, the operating permit to which it pertains must be suspended until such time as the reason for the suspension is remedied and written documentation of the remedy is provided to the department.
An operating permit must be granted and remain valid unless the operating permit terminates as set forth in this chapter or until revoked by the department under the provisions of Section 48-20-160. If the mining operation terminates and the reclamation required under the approved reclamation plan is completed, the permit terminates. Termination of an operating permit does not relieve the operator of any obligations which he has incurred under his approved reclamation plan or otherwise. Where the mining operation itself has terminated, no operating permit is required in order to carry out reclamation measures under the reclamation plan.
An operating permit may be suspended or revoked for cause pursuant to Section 48-20-160.
HISTORY: 1990 Act No. 454, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, "Section 48-20-110" was substituted for "Section 40-20-110" in the first sentence of the fifth paragraph.
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.