South Carolina Code of Regulations Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA

Here's a well-structured summary of South Carolina Code of Regulations, Chapter 89Office of the Governor: Mining Council of South Carolina, current through March 28, 2025 (regulations.justia.com).

🏛️ Chapter 89 – Framework

Statutory Authority:
Defined under the South Carolina Mining Act, § 48‑20‑210 (1976) (regulations.justia.com).

Sections Covered (§ 89‑10 through § 89‑350) include definitions, permit applications, reclamation plans, hearings, bond issues, fee schedules, and administrative procedures.

📘 Articles & Key Provisions

1. Definitions & Application Scope

§89‑10: Provides definitions for terms used throughout the chapter (regulations.justia.com).

§89‑20: Defines what mining activities require permits; exempts small‑scale activities (law.cornell.edu).

§89‑30: Exempts certain excavations/grading solely for on-site farming or construction, subject to a letter of intent (des.sc.gov).

2. Permits, Forms & Reclamation

§89‑40: Administrative forms are developed by the Department with stakeholder input; unresolved forms go to the Mining Council (des.sc.gov).

§89‑50 – §89‑60: Specify the forms and procedures for Certificates of Exploration (MR‑200, MR‑300) and Operating Permits (des.sc.gov).

§89‑70 – §89‑80: Require completion of MR‑400, reclamation plans with timelines (initiate within 180 days, complete within 2 years), land agreements (scstatehouse.gov).

3. Public Notification & Hearings

§89‑100 – §89‑110: Require advertising intent to mine or modify—public notifications and hearings upon request (law.cornell.edu).

§89‑280: Department-level hearings for permit suspension or revocation follow § 48‑20‑160 and Act 176 (1977) (scstatehouse.gov).

§89‑290: Appeals to the Mining Council require notice within 30 days; handled by an appeals committee or full Council with hearing requirements (scstatehouse.gov).

4. Standards, Bonding & Penalties

§89‑120 – §89‑140: Set permit terms, survey control points, environmental protection standards, spoil slopes, water quality, slope limitations (max 3H:1V) (law.cornell.edu).

§89‑150: Regulates surface blasting—peak particle velocity and recordkeeping (scstatehouse.gov).

§89‑160 – §89‑200: Handle land substitution, permit issuance, bond amounts, surety procedures .

§89‑250: Criteria for civil penalties include harm, duration, compliance history, costs, and good faith (scstatehouse.gov).

5. Operational Continuity

§89‑210 – §89‑220: Annual reclamation reports (Form MR‑1100) and plan modifications (MR‑1300) (scstatehouse.gov).

§89‑230: Permit transfers require specific documentation and bond coverage .

§89‑240: The Department has authority to inspect at reasonable times with prior notice, following Mine Safety Admin standards (scstatehouse.gov).

§89‑260 – §89‑270: Includes grounds for cancellation (e.g., missing bond in 60 days) and termination for inactivity over 24 months .

6. Council Procedures & Fees

§89‑300 – §89‑320: Council handles declaratory rulings, rule-change petitions, and governs notice procedures via certified mail (scstatehouse.gov).

§89‑330: Reclamation standards: slope ratios, safety protections, water bodies, spoil bank configurations (scstatehouse.gov).

§89‑340: Fee schedule (as of June 27, 2003):

Mining permit & modifications/transfer: $600

Exploration certificate: $300

Annual operating fee: $375, plus $50/month late (scstatehouse.gov).

§89‑350: Administrative form references (INC forms MR‑200 through MR‑600+) (law.cornell.edu).

✅ Summary Table

AreaHighlights
Definitions & ScopeTerms & permitting thresholds
Permits & ReclamationMR‑forms, timelines, land agreements
Public ProcessNotices, hearings, appeals structure
Standards & SafetyEnvironmental, blasting, slope, water
Bonding & PenaltiesSureties, civil penalty criteria
Operations & ReportingTransfers, inactivity, annual reports
Council RoleRulings, forms, petitions, meetings
FeesUp-front and annual costs with penalties

ℹ️ Additional Notes

The Mining Council is an 11-member advisory/appeals body under the Governor, advising on environmental and regulatory aspects (casetext.com, law.justia.com, des.sc.gov, scstatehouse.gov).

Forms cited (MR‑200 through MR‑600) are available from the Department of Health & Environmental Control.

These regulations align with SC Mining Act (§ 48‑20) mandating environmental protection and reclamation (scstatehouse.gov).

💡 Need More?

Let me know if you'd like:

Full regulatory text for a specific section (e.g., blasting standards, permit terms)

Historical updates (e.g., fee changes since 2003)

Guidance on the appeals process or reclamation criteria

 

LEAVE A COMMENT

0 comments