225 ILCS 720/2.08
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.|Article II - Permits

 (from Ch. 96 1/2, par. 7902.08)Sec. 2.08.     Standards for approval of permits and revisions.(a) On the  basis of a complete application, or a revision thereof, and after completion  of the procedures required by Section 2.04, the Department shall grant,  require modification of, or deny the application.  The applicant shall have  the burden of establishing that its application complies with all the  requirements  of this Act.(b) No permit or revised permit shall be issued unless the application  affirmatively demonstrates, and the Department finds that (1) the application  is accurate and complete and that all the requirements of this Act have  been complied with; (2) the applicant has demonstrated that reclamation  as required by this Act can be accomplished under this reclamation plan  and that completion of the reclamation plan will in fact comply with every  applicable performance standard of this Act; (3) the assessment of the probable  cumulative impact of all anticipated mining in the area on the hydrologic  balance specified by the Department by rule has been made by the Department  and the proposed mining operation has been designed to prevent material  damage to hydrologic balance outside the permit area; and (4) the area proposed to  be mined is not included within an area designated unsuitable for surface  coal mining under Article VII and is not within an area under study for  such designation in an administrative proceeding commenced under Article  VII.  Except for operations subject to exemption by Section 510(d)(2) of  the Federal Act (PL95-87), a permit or revised permit for mining operations  on prime farmland  may be issued only if the Department also finds in writing that the operator  has the technological capability to restore such mined area, within a reasonable  time, to equivalent or higher levels of yield as non-mined prime farmland  in the surrounding area under equivalent levels of management and can meet  the soil reconstruction standards in Section 3.07.  Such findings shall  be made in accordance with standards and procedures adopted by the Department  by rule.  The Department shall make the findings required by this subsection  in writing on the basis of the information set forth in the application,  or from information otherwise available which is described in the Department's  findings and made available  to the applicant and the public.(c) A permit or revised permit may be issued only after the Department  considers in writing any comments filed by members of the Interagency Committee  and County Boards.  When a complete application is received by the Department,  a copy of it shall be provided to each member of the Interagency Committee.  Members  of the Interagency Committee shall review and comment on protection of the  hydrologic system, water pollution control, the reclamation plan, soil handling  techniques, dams and impoundments and postmining land use.  Comments on  the application shall be in writing and shall be filed with the Department  within 45 days.  Each member's comments shall be based on factual, legal  and technical considerations  with respect to which his agency has authority, and which shall be set forth  in writing.  A  member who does not comment within 45 days shall be deemed  to have waived his right to comment under this subsection.  The Department  shall file comments received from Interagency Committee members at the same  locations at which  the permit application is available for public inspection  in accordance with Section 2.04.(d) If information available to the Department indicates that any mining  operation owned or controlled by the applicant is currently in violation  of this Act or other laws pertaining to air or water environmental protection,  the permit shall not be issued until the applicant submits proof that such  violation has been corrected or is in the process of being corrected to  the satisfaction of the Department, or of the department or agency which  has jurisdiction over such violation.  No permit shall be issued to an applicant  after a finding by the Department, after opportunity for hearing, that the  applicant, or the operator specified in the application, controls or has  controlled mining operations with a  demonstrated pattern of wilful violations of the Federal Act or this Act  of such nature and duration and with such resulting irreparable damage to  the environment as to indicate an intent not to comply with the provisions  of the Federal Act or this Act.(e) After the effective date of this amendatory Act of 1997,  the prohibition of subsection (d) shall not apply to a permit application due  to  any violation  resulting from an unanticipated event or condition at a surface coal mining  operation on lands eligible for remining under a permit held by the person  making such application.As used in this subsection:(1) "unanticipated event or condition" means an event     or condition encountered in a remining operation that was not contemplated in the applicable surface coal mining and reclamation permit; and(2) "violation" has the same meaning as such term has     under subsection (d).   (Source: P.A. 90-490, eff. 8-17-97.)