S.C. Code Regs. § § 89-110

Current through Register Vol. 48, No. 10, October 25, 2024

Section 89-110 - Public Hearings Upon Request Following Advertisement of Intent to Mine or Substantial Modification of a Permit

A. A public hearing will be held by the Department, following the last required date of advertisement of any application for a permit or any substantial modification, when requested in writing by ten persons or by a governmental subdivision or agency or by an association having not less than ten members. A request for a public hearing must also be based on sufficient technical reasons. The Department shall send a notice acknowledging receipt of a petition for a public hearing to the applicant and to the petitioners within fifteen (15) calendar days following receipt of the petition.

B. Public hearings held pursuant to this Section shall be for the purpose of receiving data, views, comments or arguments from all interested parties concerning any application for a permit to mine or substantial modification of an existing permit. A public hearing is not an adjudicatory hearing pursuant to the Administrative Procedures Act.

C. Requests for a public hearing are considered to have been made when received by the Department within fifteen (15) calendar days from the date of last required advertisement.

D. When a public hearing has been scheduled by the Department, public notice of the hearing shall be given at least thirty (30) calendar days prior to the date on which the public hearing will be held.

(1) The public notice shall contain all of the following information:

(a) The date of the notice;

(b) The Department's name, address, and telephone number;

(c) A statement of the date, time, and location of the public hearing;

(d) A statement that the Department will hold a public hearing to receive written and oral comments on a proposed application or modification; and

(e) A short statement describing the nature of the application or modification; and

(f) A statement indicating the final date for receipt of written comments.

(2) Public notice shall be accomplished by all of the following:

(a) Advertising the notice once a week for two consecutive weeks in a newspaper of general circulation in the area of the proposed mine;

(b) Mailing a copy of the notice to the applicant for a mining permit;

(c) Mailing a copy of the notice to the person(s) petitioning the Department; and

(d) Mailing a copy of the notice to Soil and Water Conservation District commissioners in the County where the mine is or is to be located.

E. Public hearings may be recorded and/or transcribed by the Department or by a certified Court Reporter retained for the hearing.

S.C. Code Regs. § 89-110