Title 48, Environmental Protection and Conservation

In order to carry out the purposes for which it was created the authority shall have the following powers: (1) To have perpetual succession; (2) To sue and be sued; (3) To adopt, use and alter a corporate seal; (4) To define a quorum for its meetings; (5) To establish a principal…

All funds used by the authority to acquire lands and rights in land may be provided by the county governments comprising the authority or other political subdivisions, including the United States Government. The costs of acquiring rights-of-way or other interests in land shall in…

When political subdivisions of the State submit requests to the authority for works of improvement, and when the authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of drainage canals, including necessary …

There is hereby created the Crossroads of History Resource, Conservation and Development Authority which shall be a body corporate and politic hereinafter referred to as the "Authority." The purpose of the Authority shall be to institute and operate programs of watershed protecti…

The Authority shall be composed of thirteen members who shall be appointed by the Governor. The original members shall be the present commissioners of the Crossroads of History Resource, Conservation and Development Project. There shall be two members from each county, and one me…

In order to carry out the purposes for which it was created the Authority shall have the following powers: (1) To have perpetual succession; (2) To sue and be sued; (3) To adopt, use and alter a corporate seal; (4) To define a quorum for its meetings; (5) To establish a principal…

All funds used by the Authority to acquire lands and rights in land may be provided by the county governments comprising the Authority or other political subdivisions, including the United States Government. The costs of acquiring rights-of-way or other interests in land shall in…

When political subdivisions of the State submit requests to the Authority for works of improvement, and when the Authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of floodwater retarding dam and stream c…

This chapter may be cited as the Erosion and Sediment Reduction Act of 1983.

As used in this chapter: (1) "Erosion" means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof. (2) "Sediment" means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combinat…

This chapter does not apply to the following: (1) Activities regulated by the South Carolina Mining Act (Chapter 20 of Title 48). (2) Beach erosion, which for the purpose of this chapter, means removal of soil, sand, or rock from the land adjacent to the ocean due to wave action.

The department shall implement a statewide erosion and sediment reduction and stormwater management program as follows: (1) The department is designated as the state agency responsible for developing, coordinating, and promoting erosion and sediment reduction and stormwater manag…

(1) A state Advisory Council on Erosion and Sediment Reduction (State Advisory Council), which may include, but not be limited to, a representative of each of the following, must be appointed by the Governor upon the advice of the following agencies and organizations: South Carol…

(1) The Conservation Districts shall: (a) Assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards. (b) Provide leadership in the promotion of erosion and sediment redu…

(1) The department shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or …

Each conservation district must submit to the department an annual evaluation report with input from the Local Advisory Council on the progress in erosion and sediment reduction and stormwater management in the district. The department shall submit a comprehensive report to the G…

This chapter may be cited as the "South Carolina Mining Act".

The department may assess and collect fees to assist with the costs of administering the provisions of this chapter. All appropriate fees must be received by the department before processing and approving an application as referenced in this chapter.

Each applicant for a certificate of exploration, and each applicant for an operating permit, shall file with the department, upon approval of the application, and maintain in force a bond in an amount set forth in this section. All bonds must be in favor of the State of South Car…

Within thirty days following the end of the state fiscal year, and each year thereafter until reclamation is completed and approved, the operator shall file a report of activities completed during the preceding year for each permitted mining operation on a form prescribed by the …

Upon receipt of the operator's annual report or report of completion of reclamation and at any other reasonable time the department may elect, the department shall inspect the permit area to determine if the operator has complied with the reclamation plan, the requirements of thi…

The department may assess an administrative fee as part of the issuance of notices of uncorrected deficiencies or violations. A fee of two hundred fifty dollars may be assessed for the first notice of uncorrected deficiencies or violations with subsequent notices for the same def…

If at any time it appears to the department that the activities under the reclamation plan and other terms and conditions of the operating permit are failing to achieve the purposes and requirements of this chapter, it shall give the operator written notice of that fact, of its i…

(A) If the department believes a violation of this chapter, a regulation promulgated by it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts consti…

Whenever the department determines the necessity of a bond forfeiture under the provisions of Section 48-20-130, or whenever it revokes an operating permit under the provisions of Section 48-20-160, it shall request the Attorney General to initiate forfeiture proceedings against …

Whenever written notice must be given by the department, it must be mailed by registered or certified mail to the permanent address of the operator set forth in his most recent application for an operating permit or for a modification of a permit. No other notice is required.

An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department issuing, refusing, modifying, suspending, revoking, or terminating a …

The purposes of this chapter are to provide that: (1) the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State receive the greatest practical degree of protection and restoration; (2) no mining may be carried on in the State unle…

An appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) may be taken from any decision of the council, or its designated committee or the hearing panel. An appeal also may lie against the department's refusal to release part or all of a bond …

The department shall promulgate regulations to implement the provisions of this chapter as provided by Article 1, Chapter 23 of Title 1. The regulations must set forth the duties of operators applying for certificates of exploration and operating permits under this chapter and al…

Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator engages in mining without obtaining a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan …

In addition to other penalties provided by this chapter, an operator who engages in mining in wilful violation of the provisions of this chapter or of regulations promulgated under it or who wilfully misrepresents a fact in an action taken pursuant to this chapter or wilfully giv…

All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer. Fee revenue attributable to increased or additional fees imposed pursuant to this chapter after May 1, 2003, must be retained and expende…

No provision of this chapter supersedes, affects, or prevents the enforcement of a zoning regulation or ordinance within the jurisdiction of an incorporated municipality or county or by an agency or department of this State, except when a provision of the regulation or ordinance …

No provisions of this chapter may restrict or impair the right of a private or public person to bring a legal or equitable action for damages or redress against nuisances or hazards.

Nothing contained in this chapter and no action or failure to act under this chapter may be construed to impose liability on the State, department, district, or an agency, officer, or employee of the State for the recovery of damages caused by the action or failure to act.

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 c…

The department, with the approval of the Governor, and in order to accomplish any of the purposes of the department, may apply for, accept, and expend grants from the federal government and its agencies and from a foundation, corporation, association, or individual may enter into…

The South Carolina Department of Health and Environmental Control is responsible for administering the provisions and requirements of this chapter. This includes the process and issuance of mining permits, review and approval of reclamation plans, collection of reclamation perfor…

All lands mined subsequent to July 1, 1974, must be included in a reclamation plan.

The civil penalties imposed upon certain violations of this chapter, including failure to act, do not include a violation which was caused by an act of God, war, strike, riot, or other catastrophe when negligence on the part of the violator was not the proximate cause.

As used in this chapter: (1) "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 na…

A certificate of exploration issued by the department is required for exploration activities in an affected area of two acres or less and involving the development of open pits, trenches, open cuts, or tunneling. A certificate of exploration is not required for exploration activi…

(A) The department may develop and implement general permits for the regulation of mining limited to excavations for topsoil or sand/clay fill material which do not require further processing. General permits developed by the department must contain, at a minimum, standard plans …

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…

An operator desiring to engage in mining shall make written application to the department for an operating permit. The application must be on a form furnished by the department and must state fully the called for information. The applicant may be required to furnish other informa…