§ 48-20-40 — Definitions.

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 natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. Removal of overburden and the mining of limited amounts of ores or mineral solids are not considered mining when done only for the purpose of determining location, quantity, or quality of a natural deposit if no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business and if the affected land does not exceed two acres in area. Mining does not include plants engaged in processing minerals except as the plants are an integral on-site part of the removal of ores or mineral solids from natural deposits. Mining does not include excavation or grading when conducted solely in aid of on-site farming or of on-site construction. Mining does not include dredging operations where the operations are engaged in the harvesting of oysters, clams, or the removal of shells from coastal bottoms. (2) "Council" means the Mining Council created by Sections 48-21-10 and 48-21-20. (3) "Department" means the South Carolina Department of Health and Environmental Control. Whenever in this chapter the department is assigned duties, they may be performed by the director or by subordinates as he designates. (4) "Minerals" means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth. (5) "Affected land" means: (a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or (b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed. (6) "Neighboring" means in close proximity, in the immediate vicinity, or in actual contact. (7) "Termination of mining" means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. Whenever the department has reason to believe that a mining operation or a segment of a mining operation has terminated, it shall give the operator written notice of its intention to declare the operation or segment of the operation terminated, and he has an opportunity to appear within thirty days and present evidence that the operation or segment is continuing. Where the department finds that the evidence is satisfactory, it may not make such a declaration. (8) "Operator" means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. (9) "Overburden" means the earth, rock, and other materials that lie above the natural deposit of minerals. (10) "Refuse" means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources. (11) "Spoil bank" means a deposit of excavated overburden or refuse. (12) "Peak" means overburden removed from its natural position and deposited elsewhere in the shape of conical piles or projecting points. (13) "Ridge" means overburden removed from its natural position and deposited elsewhere in the shape of a long, narrow elevation. (14) "Reclamation" means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. Although both the need for and the practicability of reclamation control the type and degree of reclamation in a specific instance, the basic objective is to establish on a continuing basis the vegetative cover, soil stability, water conditions, and safety conditions appropriate to the area. Closure activities are a part of reclamation. (15) "Reclamation plan" means the operator's written proposal as required and approved by the department for reclamation of the affected land, which includes but is not limited to: (a) proposed practices to protect adjacent surface resources; (b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment; (c) manner and type of revegetation or other surface treatment of the affected areas; (d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area; (e) method of compliance with state air and water pollution laws; (f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources; (g) proposed methods to limit significant adverse effects on significant cultural or historic sites; (h) method of rehabilitation of settling ponds; (i) method of control of contaminants and disposal of mining refuse; (j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution; (k) maps and other supporting documents reasonably required by the department; and (l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of Section 48-20-90. (16) "Borrow pit" means an area from which soil or other unconsolidated materials are removed to be used, without further processing, for highway construction and maintenance. (17) "Land" includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. (18) "Permitted land" means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land. (19) "Exploration" means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. Exploration includes, but is not limited to, drilling core and bore holes, trial open pits, open cuts, trenching, and tunneling for the purpose of extracting mineral samples. (20) "Explorer" means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. (21) "Operating permit" means a permit for mining activity that is issued to an operator by the department. (22) "Closure" means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment.

Legislative History

HISTORY: 1990 Act No. 454, SECTION 2; 1993 Act No. 181, SECTION 1221.