225 ILCS 720/3.23
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.|Article III - Performance Standards For Surface Mining

 (from Ch. 96 1/2, par. 7903.23)Sec. 3.23.     Steep-Slope Mining.     (a) This Section applies to steep-slope  surface mining. A steep slope is a slope greater than 20 degrees. The standards  set forth in this Section are in addition to the other performance standards  set forth in this Act. This Section does not apply where an operator is  mining on flat or gently rolling terrain, on which occasional steep  slope is encountered through which the mining operation is to proceed, leaving  a plain or predominantly flat area.(b) When surface mining is performed on steep slopes, no debris, abandoned  or disabled equipment, spoil material, or waste mineral matter shall be  placed on the downslope below the bench or mining cut. Spoil material in  excess of that required for the reconstruction of the approximate original  contour under the provisions of Section 3.04 shall be permanently stored  in accordance with Section 3.17.(c) Complete backfilling with spoil material shall be required to cover  completely the highwall and return the site to the appropriate original  contour, which material will maintain  stability following mining and reclamation.(d) The operator may not disturb land above the top of the highwall unless  the Department finds that such disturbance will facilitate compliance with  the applicable performance standards of this Act. The land disturbed above  the highwall shall be limited to that amount necessary to facilitate said compliance.(e) The Department may allow variances from one or more of the requirements  of this Section provided that (1) the watershed control of the area is improved,  and (2) complete backfilling with spoil material covers completely the highwall  (which material will maintain stability following mining and reclamation),  and (3) the owner of the surface knowingly requests in writing as part of  the permit application that such a variance be granted.(f) Variances under subsection (e) of this Section may be allowed only  if the Department finds that:(1) after consultation with the appropriate land use planning agencies,  if any, the potential use of the affected land constitutes an equal or better  economic or public use than would occur without the variance;(2) the potential use is designed and certified by a qualified registered  professional engineer in conformance with professional standards established  to assure the stability, drainage, and configuration necessary for the intended  use of the site; and(3) after approval of the Illinois Department of Transportation and the  Illinois Environmental Protection Agency the watershed of the affected land  is deemed to be improved.(g) If a variance is granted under this Section, only such amount of spoil  may be placed off the mine bench as is necessary to (1) achieve the planned  postmining land use, (2) insure stability of the spoil retained on the bench,  and (3) meet all other requirements of this Act. All spoil placement off  the mine bench must comply with Section 3.17.(h) The Department shall promulgate rules to govern the granting of variances  in accord with the provisions of this Section, and may impose in such rules  such additional requirements as it deems necessary to accomplish the purposes  of this Act.(i) All variances under this Section shall be reviewed not more than 3  years from the date of issuance of the permit, unless the permittee affirmatively  demonstrates that the proposed development is proceeding in accordance with  the terms of the reclamation plan.    (Source: P.A. 81-1509.)