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 container terminals;
(2) Department of Transportation, nor of a person acting under contract with the department, on highway rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public road systems of the State. This exemption does not become effective until the department has adopted reclamation standards applying to those activities and the standards have been approved by the council. At the discretion of the department, the provisions of this chapter may apply to mining on federal lands; or
Text of (3) effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation. See Editor's Note.
(3) Department of Commerce, Division of Public Railways, nor of a person acting under contract with the Department of Commerce, on rail rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public rail infrastructure of the State.
HISTORY: 1990 Act No. 454, Section 2; 1993 Act No. 181, Section 1225; 2016 Act No. 188 (H.4932), Section 7, eff May 25, 2016; 2018 Act No. 209 (S.1099), Section 1, eff May 15, 2018 and eff upon contingency.
Editor's Note
2018 Act No. 209, Section 2, provides as follows:
"SECTION 2. Section 48-20-280(3) is effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation."
Effect of Amendment
2016 Act No. 188, Section 7, added the paragraph identifiers, and inserted (1), relating to the South Carolina State Ports Authority.
2018 Act No. 209, Section 1, added (3), relating to the Division of Public Railways of the Department of Commerce, and made nonsubstantive changes.