225 ILCS 720/8.06
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.|Article VIII - Enforcement

 (from Ch. 96 1/2, par. 7908.06)Sec. 8.06.     Enforcement Procedures.     (a) Whenever, on the basis  of any information available to it, including receipt of information from  any person, the Department has reason to believe that any person is in violation  of any requirement of this Act or any permit condition required by this  Act, the Department shall immediately order inspection of the mining operation  at which the alleged violation is occurring unless the information available  to the Department is  a result of a previous inspection of such mining operation.  When the inspection results from information provided by any person, the  Department shall notify such person when the inspection is proposed to be  carried out and such person shall be allowed to accompany the inspector  during the inspection.(b) When, on the basis of any inspection, the Department determines that  any condition or practice exists, or that any permittee is in violation  of any requirement of this Act or any permit condition required by this  Act, which condition, practice, or violation also creates an imminent danger  to the health or safety of the public, or is causing, or can reasonably  be expected to cause significant, imminent environmental harm to land, air,  or water resources, the Department  or its authorized representative shall  immediately order a cessation of mining and reclamation operations or the  portion thereof relevant to the condition, practice, or violation. Such  cessation order shall remain in effect until the Department determines that  the condition, practice, or violation  has been abated, or until modified, vacated, or terminated by the Department  pursuant to subsection (e) of this Section.  When the Department finds that  the ordered cessation of mining and reclamation operations, or any portion  thereof, will not completely abate the imminent danger to health or safety  of the public or the significant imminent environmental harm to land, air,  or water resources, the Department shall, in addition to the cessation order,  require the operator to take whatever affirmative steps the Department deems  necessary to abate the imminent danger or the significant environmental  harm. The operator or permittee may seek immediate injunctive relief from  any order issued under this subsection.(c) When, on the basis of any inspection, the Department determines that  any permittee is in violation of any requirement of this act or any permit  condition required by this Act, but such violation does not create an imminent  danger to the health or safety of the public, or cannot be reasonably expected  to cause significant, imminent environmental harm to land, air, or water  resources, the Department shall issue a notice to the permittee or his agent  fixing a reasonable time but not more than 90 days for the abatement of  the violation and providing an opportunity for public hearing. Such time  may be extended by the Department for good cause shown on the written finding  of the Department. If, on expiration of the period of time originally fixed  or subsequently extended, the Department finds that the violation has not  been abated, it shall immediately order a cessation of mining and reclamation  operations or the portion thereof relevant to the violation. Such cessation  order shall remain in effect until the Department determines that the violation  has been abated, or until modified, vacated, or terminated by this Section.  In the order of cessation issued by the Department under this subsection,  the Department shall determine the steps necessary to abate the violation  in the most expeditious manner possible, and shall include the necessary  measures in the order. The operator or permittee may seek immediate injunctive  relief from any order issued under this subsection.(d) When, on the basis of an inspection, the Department determines that  a pattern of violations of any requirements of this Act or any permit conditions  required by this Act exists or has existed,  and if the Department also finds that such violations are caused by the  unwarranted failure of the permittee to comply with any requirements of  this Act or any permit conditions, or that such violations are willfully  caused by the permittee, the Department shall forthwith issue an order to  the permittee to show cause as to why the permit should not be suspended  or revoked and shall provide opportunity for a public hearing, in accordance  with subsection (e) of Section 8.07. The Department shall specify by rule  the minimum number of violations that constitute a pattern of violations  for purposes of this subsection. If the permittee fails to show cause why  the permit should not be suspended or revoked, the Department shall forthwith  suspend or revoke the permit.(e) Notices and orders issued under this Section shall set forth with  reasonable specificity the nature of the violation and the remedial action  required, the period of time established for abatement, and a reasonable  description of the portion of the mining and reclamation operation to which  the notice or order applies. Each notice or order issued under this Section  shall be given promptly to the permittee or his agent by the Department  and each such notice or order shall be signed by the authorized representative  of the Department issuing it. Any  notice or order issued under this Section may be modified, vacated, or terminated  by the Department. Any notice or order issued under this Section which requires  cessation of mining by the operator shall expire within 30 days of actual  notice to the operator of the notice or order unless a public hearing is  held at the site or within such reasonable proximity to the site that any  viewings of the site can be conducted during the course of public hearing.    (Source: P.A. 81-1015.)