South Carolina Administrative Code

89-170. Departmental Procedure for Granting a Permit. A. When the Department receives the Application for a Mining Permit, it shall advertise the applicant’s intent to mine. B. The Department may refer copies of the Application for a Mining Permit to the State Water Resources Com…

89-180. The Reclamation Bond. A. In the event a surety bond will be given to secure the obligation for reclamation, Form MR-800 will be completed. B. In the event cash or registered securities or a savings account assignment will be given to secure the obligation for reclamation,…

89-190. Requirements and Procedures for Handling Surety Bonds or Other Securities. A. The Department will deposit registered securities, certificates of deposit, passbooks for the assignment of a savings account with the State Treasurer’s Office. B. Interest, rents or dividends p…

89-20. Activities Requiring Permits. No operator shall engage in mining without having first obtained from the Department an operating permit which covers the affected land provided that no permit shall be required for those activities specifically exempted by the Act. An operati…

89-200. Amount of Bond or Other Security. A. A bond or other security must be provided to cover the land to be affected by mining for a three-year period of operation plus all affected areas including sediment or tailings ponds, stock or waste piles, entrance roads and processing…

89-210. Annual Reclamation Report. Form MR-1100, entitled ‘‘Annual Reclamation Report’’, shall be completed in typewritten or hand printed form as required by the Act.

89-220. Application for Modifying a Mining Permit and/or Reclamation Plan. When an operator requests modification of a mining permit and/or reclamation plan, Form MR-1300, entitled ‘‘Application for Modifying a Mining Permit and/or Reclamation Plan’’, shall be completed in typewr…

89-230. Transfer of Operating Permit. A. In accordance with Section 48-20-70 of the Act, an operating permit may be transferred when one succeeds to the interest of another. An operating permit may be transferred to the successor operator when the following documents have been co…

89-240. Inspections by the Department. The Department, by and through its accredited representatives, may conduct inspections and investigations of the permitted area at any reasonable time for the purposes of determining whether the operator has complied with the reclamation pla…

89-250. Criteria for Determining Amount of Civil Penalty. In determining the amount of civil penalty assessment, pursuant to Section 48-20-220 of the S. C. Mining Act, the Department shall consider the following criteria insofar as they are appropriate to the violation: (A) Natur…

89-260. Grounds for Canceling an Application for a Permit. If the required performance bond is not filed with the Department within sixty days following the mailing of notification of approval of the applicant’s application for a permit, the Department will cancel the Application…

89-270. Termination of Mining Operation. A. The Department may declare a mining operation or a segment of a mining operation terminated when no mineral has been excavated or extracted or overburden removed or regraded for a period of twenty-four (24) consecutive months. B. At the…

89-280. Hearings and Hearing Procedure for Suspension or Revocation of Mining Per- mits by the Department. All hearings before the Department involving the suspension or revocation of mining permits shall be conducted in accordance with Section 48-20-160 of the 1976 South Carolin…

89-290. Hearing Procedure for Appeals of a Decision of the Department to the South Carolina Mining Council. A. Any applicant for a mining permit or any person who is aggrieved and is directly affected by the permit may appeal to the Mining Council from any decision or determinati…

89-30. Exemption from Operating Permit. An operating permit shall not be required for excavation or grading conducted solely in aid of on- site farming or on-site construction. This shall include grading, backfilling, plowing or excavating areas for agriculture, aquaculture, silv…

89-300. Declaratory Ruling. A. Any person may petition the Council for a declaratory ruling as to the applicability of any statutory provision or the content of administrative forms or of any rule or order of the South Carolina Mining Council. B. Such a petition shall be in writt…

89-310. Petition for Promulgation, Amendment, or Repeal of Regulations. A. Any interested person may petition the South Carolina Mining Council requesting the promul- gation, amendment, or repeal of any regulation. B. This petition shall be in written form and addressed to the Ch…

89-320. Notices. Whenever written notice is required to be given by the Department, such notice shall be mailed by registered or certified mail to the permanent address of the applicant or operator as set forth in his most recent application for an operating permit or for a modif…

89-330. Criteria for Approval of Reclamation Plan and Completed Land Reclamation. A. Minimum standards for final slopes in all excavations in soil, sand, gravel, or other unconsolidat- ed materials. The final slopes in all excavations in soil, sand, gravel and other unconsolidate…

89-340. Fee Schedule. A. In accordance with Section 48-20-100 of the S. C. Mining Act (S. C. Code of Laws, 1976, as amended), the following mining and reclamation fee schedules are established: (1) Mining permit application fee $600. (2) Mining permit conversion fee $600. (In lie…

89-350. Administrative Forms. Administrative forms to be used by the Department are as follows: A. Form MR-200 Application for a Certificate of Exploration B. Form MR-300 Reclamation Plan for Exploration C. Form MR-400 Application for a Mining Permit D. Form MR-500 Reclamation Pl…

89-40. Development of Administrative Forms. The development of all administrative forms necessary to comply with the South Carolina Mining Act and as referenced in these regulations shall be initiated by the Department. Development of all forms by the Department shall include adv…

89-50. Application Requirements for a Certificate of Exploration. A. Section 48-20-50 of the Act states that an explorer engaging in exploration activities regulated pursuant to the Section shall make written application to the Department on forms furnished by the Department. A c…

89-60. Application Requirements for an Operating Permit. A. Section 48-20-70 of the Act states that any operator desiring to engage in mining shall make written application to the Department on the forms furnished by the Department. A completed application shall consist of: (1) O…

89-70. Application for a Mining Permit. Form MR-400 entitled ‘‘Application for a Mining Permit’’, shall be completed in typewritten or hand printed form as part of the completed application.

89-80. Reclamation Plan. A. The basic objective of the reclamation plan shall be to establish, on a continuing basis, a vegetative cover, soil stability, and water and safety conditions appropriate to the area. B. Reclamation shall be conducted simultaneously with mining whenever…

89-90. Land Entry Agreement. A. Form MR-600, entitled ‘‘Land Entry Agreement for Land Owned by Mine Operator’’, shall be completed in typewritten or hand printed form as part of the completed application; or B. Form MR-700, entitled ‘‘Land Entry Agreement for Land Leased by Mine …

90-001. Introduction. The South Carolina (SC) Department of Motor Vehicles (DMV) is implementing the South Carolina Automobile Liability Insurance Reporting (SC ALIR) System that collects automobile liability insurance information from insurers that are licensed to provide automo…

90-002. Definitions. A. Cancellation or Refusal to Renew Date is the date provided in the notice required by Section 38-77-120. B. Implementation Guide is the document developed by the Working Group to govern the policies and procedures required for the administration of the SC A…

90-003. Method of Communication Options for Insurers. A. The SC ALIR System will provide insurers with the following options for data communications with the SC ALIR System for reporting cancellation and compliance transactions. (1) Internet File Transfer Protocol (FTP) accepting…

90-003.1. File Transfer Protocol (FTP) Data Communication. Insurers that wish to transmit large files to the SC ALIR System without incurring the costs of a VAN may use the FTP option. Secured FTP accounts and folders will be created within the SC ALIR System for the insurers tha…

90-003.2. Value Added Network (VAN) Data Communication. Insurers may select the VAN option. Insurers using the VAN option will have to set up mailboxes and communications. Insurers utilizing the VAN option will be required to pay an additional fee which will be placed by the Comp…

90-003.3. Web Data Communication. For low reporting volumes, insurers may prefer the option of entering data directly on the SC ALIR System’s secure website. All registered users will have the ability to submit data over the web. However only users that have selected Web as the c…

90-004. File Formatting Options. Insurers submitting data using FTP will have the option of submitting either text or EDI files. Insurers using the VAN will only be able to submit EDI files. The file formatting option will be selected during registration. HISTORY: Added by State …

90-004.1. Electronic Data Interchange Documents. The SC ALIR System supports the American National Standards Institute, Accredited Standards Committee (ANSI ASC) X12 Standard, Transaction Sets 811 and 997, Release 3050. This standard has been identified for use in state governmen…

90-004.2. Text Documents. Insurers will have the alternative of using Text data interchange with the SC ALIR System. A Text data interchange format will be specified to support the needs of the SC ALIR System. HISTORY: Added by State Register Volume 29, Issue No. 6, eff June 24, …

90-005. Data Security. A. FTP The SC ALIR System will implement FTP using a Secured Sockets Layer (SSL) enabled FTP server and a PGP option will also be provided. An SSL enabled FTP client is required to exchange files with the server. The SC ALIR Program will supply an SSL enabl…

90-006. Types of Transactions. A. Insurers will report the following types of transactions: (1) All mid-term non-pay cancellations. (2) All mid term cancellations where an insured requests cancellation of the policy before the policy has expired. (a) The following instances in th…

90-007. Types of Policies. A. Only private passenger automobile liability policies for vehicles registered and insured in South Carolina will be reported. B. No commercial vehicle policies will be reported. HISTORY: Added by State Register Volume 29, Issue No. 6, eff June 24, 200…

90-008. Data Elements. The insurers will report the data elements defined in the Implementation Guide. HISTORY: Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

90-009. Implementation Guide. The Implementation Guide will be revised as necessary, upon recommendation of the Working Group. Insurers will be provided with a minimum of ninety days notification of changes to the Implementation Guide. HISTORY: Added by State Register Volume 29, …

90-010. Compliance Reporting. Insurers or agencies must begin reporting compliance transactions electronically with the implemen- tation of these regulations. Insurers have the option of reporting these transactions through the insurer’s own system, or by allowing their agencies …

90-010.1. Reporting Options for Compliance Reporting. A. Insurers. If the insurer-level option is chosen, insurers have the option of using any SC-ALIR reporting methods to report these transactions (also referred to as FR4a transactions) on the insurer level. Reference the South…

90-011. Frequency of Reporting. A. Notices of Cancellation/Refusal to Renew (FR4). Insurers must submit cancellation transactions using the SC ALIR system on an as-needed basis, as frequently as required to ensure that DMV receives notice of cancellation immediately after the ins…

90-012. Other Types of Transactions. The Working Group may direct that enhancements be made to the SC ALIR system that would allow insurers or agencies to report other types of insurance or compliance transactions. Details of these enhancements will be documented in Supplementary…

90-100. Definitions. A. ‘‘Behind the Wheel’’ (BTW) means training provided by an instructor where the student is actually in control of and operating the vehicle during a driving lesson conducted on public roads or on a range. B. ‘‘Catalog’’ means a booklet which must be given to…

90-101. Applicability. A. The purpose of this Article is to set forth minimum standards for safety, quality, and effective- ness of all licensed South Carolina Driver Training Schools. B. With regard to the licensing and regulation of Truck Driver Training Schools, the Department…