Bill 2407

                    Current Status

Bill Number:               2407
Ratification Number:       80
Act Number:                49
Introducing Body:          House
Subject:                        Hearings and applications for mining
                           permits

(A49, R80, H2407)

AN ACT TO AMEND SECTIONS 48-19-50, 48-19-70, AND 48-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINING, SO AS TO PROVIDE FOR HEARINGS ON APPLICATIONS FOR MINING PERMITS, TO REQUIRE SAFETY PROVISIONS FOR EXCAVATIONS IN UNCONSOLIDATED MATERIALS NEAR RESIDENTIAL DEVELOPMENTS AND BUILDINGS USED BY THE PUBLIC, AND TO LIMIT APPEALS TO THE MINING COUNCIL TO APPLICANTS FOR MINING PERMITS AND AGGRIEVED PERSONS WHO ARE DIRECTLY AFFECTED BY A DECISION ON PERMITS OR RECLAMATION PLANS AND TO PROVIDE FOR CONSOLIDATION OF APPEALS AND TO CHANGE AND IMPOSE TIME LIMITATIONS ON THE APPEAL PROCESS.

Be it enacted by the General Assembly of the State of South Carolina:

Department to publish notice

SECTION 1. Section 48-19-50 of the 1976 Code is amended by adding after the third paragraph:

"The Department shall publish notice of any application for a permit or any substantial modification of a permit in a newspaper of general circulation in the area of the proposed mining activity and shall, to the extent practical, otherwise notify the public of the application. The Department shall afford all interested parties reasonable opportunity to submit data, views, or arguments orally or in writing regarding the proposed mining activity. Opportunity for public hearing must be granted if requested by ten persons or by a governmental subdivision or agency or by an association having not less than ten members. Such request for a public hearing must be made within fifteen calendar days from the latest date of public notice of an application. The Department shall fully consider all written and oral submissions respecting the mining activity prior to final action by the Department on the application for a permit."

Safety provisions

SECTION 2. Item (b) of Section 48-19-70 of the 1976 Code is amended to read:

"(b) Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. Safety provisions may also be required for excavations in unconsolidated materials that are adjacent to residential developments, schools, churches, hospitals, commercial, and industrial buildings."

Applicant

SECTION 3. Section 48-19-150 of the 1976 Code is amended to read:

"Section 48-19-150. 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 determination of the Department issuing, refusing, modifying, suspending, revoking, or terminating an operating permit or reclamation plan, or imposing any term or condition on such permit or reclamation plan. The person taking the appeal shall within thirty days after the Department's decision give written notice to the Mining Council through its secretary that he desires to take an appeal, at the same time filing a copy of the notice with the Department. If more than one appeal is filed with the Mining Council within the thirty day period following the decision by the Department, then the Council may consolidate the hearing and review of the appeals by the Mining Council. The Chairman of the Mining Council shall fix a reasonable time not less than twenty nor more than forty days from the receipt of the appeal and place for a hearing, giving reasonable notice to the applicant, appellant or appellants and to the Department. The Mining Council, or a committee of the council designated by the Council's rules of procedure, shall conduct a full and complete hearing as to the matters in controversy, and shall within thirty days give a written decision setting forth its findings of fact and its conclusions. The Council or its designated committee may affirm, affirm with modifications, or overrule the decision of the Department and may direct the Department to take action as may be required to effectuate its decision. A further appeal may be taken from the Council's decision to the court of common pleas as provided in Section 48-19-160."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.