2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act. › Article I - General Provisions

(225 ILCS 720/Art. I heading)
ARTICLE I:  
		GENERAL PROVISIONS
(225 ILCS 720/1.01) (from Ch. 96 1/2, par. 7901.01)
Sec. 1.01. 
		Short Title. 
		This Act may be cited as the
 Surface Coal Mining Land Conservation and Reclamation Act.
(Source: P.A. 86-1475.)
(225 ILCS 720/1.02) (from Ch. 96 1/2, par. 7901.02)
Sec. 1.02. 
		Legislative Declaration. 
		(a) It is declared to be the policy
of this State to provide for conservation and reclamation of lands affected
by surface and underground coal mining in order to restore them to optimum
future productive use and to provide for their return to productive use
including but not limited to: the planting of forests; the seeding of grasses
and legumes for grazing purposes; the planting of crops for harvest; the
enhancement of wildlife and aquatic resources; the establishment of recreational,
residential and industrial sites; the establishment of new bodies of water
for recreational, agricultural, and wildlife conservation purposes; and
for the conservation, development, management, and appropriate use of all
the natural resources of such areas for compatible multiple purposes, to
aid in maintaining or improving the tax base; and protecting the health,
safety and general welfare of the people, the natural beauty and aesthetic
values, and enhancement of the environment in the affected areas of the
State; to prevent erosion, stream pollution, water, air and land pollution
and other injurious effects to persons, property, wildlife and natural resources;
to assure that the coal supply essential to the Nation's and State's energy
requirements, and to their economic well-being is provided; to strike a
balance between protection of the environment and agricultural productivity,
and the Nation's need for coal as a source of energy; and to assure that
land conservation and reclamation plans for all mining operations
are available for the prior consideration of the public, and of county governments
within whose jurisdiction such lands will be affected by coal mining.
(b) It is the purpose of this Act to implement these policies through
methods and standards that fully comply with the requirements established
by the United States Congress in the Surface Mining Control and Reclamation Act of 1977.
(c) It is also the purpose of this Act to establish requirements that
are no more stringent than those required to meet the Federal Surface Mining
Control and Reclamation Act of 1977 (PL 95-87).
(Source: P.A. 81-1015.)
(225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
Sec. 1.03. Definitions.
(a) Whenever used or referred to in this Act, unless a different meaning
clearly appears from the context:
(1) "Affected land" means:
(A) in the context of surface mining operations,         the areas described in Section 1.03(a)(24)(B), and
(B) in the context of underground mining         operations, surface areas on which such operations occur or where such activities disturb the natural land surface.
(2) "Approximate original contour" means that surface     configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements  the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated.
(3) "Article" means an Article of this Act.
(4) "Department" means the Department of Natural     Resources, or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department.
(5) "Director" means the Director of the Department     or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director.
(6) "Federal Act" means the Federal Surface Mining     Control and Reclamation Act of 1977 (Public Law 95-87).
(7) "Imminent danger to the health and safety of the     public" means the existence of any condition or practice, or any violation of a permit or other requirement of this Act in a mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated.  A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.
(8) (Blank).
(9) "Interagency Committee" means the Interagency     Committee on Surface Mining Control and Reclamation created by Section 1.05.
(9-a) "Lands eligible for remining" means those lands     that would otherwise be eligible for expenditures under the Abandoned Mined Lands and Water Reclamation Act.
(10) "Mining and reclamation operations" means mining     operations and all activities necessary and incident to the reclamation of such operations.
(11) "Mining operations" means both surface mining     operations and underground mining operations.
(12) "Operator" means any person engaged in coal     mining, and includes political subdivisions, units of local government and instrumentalities of the State of Illinois, and public utilities.
(13) "Permit" means a permit or a revised permit to     conduct mining operations and reclamation issued by the Department under this Act.
(14) "Permit applicant" or "applicant" means a person     applying for a permit.
(15) "Permit application" or "application" means an     application for a permit under this Act.
(16) "Permit area" means the land described in the     permit.
(17) "Permittee" means a person holding a permit.
(18) "Permit term" means the period during which the     permittee may engage in mining operations under a permit.
(19) "Person" means an individual, partnership,     copartnership, firm, joint venture, company, corporation, association, joint stock company, trust, estate, political subdivision, or any other public or private legal entity, or their legal representative, agent or assigns.
(20) "Reclamation" means conditioning areas affected     by mining operations to achieve the purposes of this Act.
(21) "Reclamation plan" means a plan described in     Section 2.03.
(22) "Regulations" means regulations promulgated     under the Federal Act.
(23) "Section" means a section of this Act.
(24) "Surface mining operations" means (A) activities     conducted on the surface of lands in connection with a surface coal mine or surface operations. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, coal recovery from coal waste disposal areas, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site; and (B) the areas on which such activities occur or where such activities disturb the natural land surface.  Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities.
(25) "Toxic conditions" and "toxic materials" mean     any conditions and materials that will not support higher forms of plant or animal life in any place in connection with or as a result of the completion of mining operations.
(26) "Underground mining operations" means the     underground excavation of coal and (A) surface operations incident to the underground extraction of coal, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas on which are sited support facilities including hoist and ventilation ducts, areas used for the storage and disposal of waste, and areas on which materials incident to underground mining operations are placed, and (B) underground operations incident to underground excavation of coal, such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, or blasting.
(27) "Unwarranted failure to comply" means the     failure of a permittee to prevent the occurrence of or to abate any violation of his permit or any requirement of this Act due to indifference, lack of diligence, or lack of reasonable care.
(b) The Department shall by rule define other terms used in this Act if
necessary
or desirable to achieve the purposes of this Act.
(Source: P.A. 97-813, eff. 7-13-12.)
(225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
Sec. 1.04. 
		(Repealed).
(Source: P.A. 90-490, eff. 8-17-97. Repealed by P.A. 93-168, eff. 7-10-03.)
(225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
Sec. 1.05. Interagency Committee.
There is created the Interagency
Committee on Surface Mining Control and Reclamation, which shall consist
of the Director (or Division Head) of each of the following State agencies:
(a) the Department of Agriculture, (b) the Environmental Protection Agency, (c)
the Department of Commerce and Economic Opportunity, and (d) any other State Agency designated by the Director
as having a programmatic role in the review or regulation of mining operations
and reclamation whose comments are expected by the Director to be relevant and
of material benefit to the process of reviewing permit applications under this
Act.
The Interagency Committee on Surface Mining Control and Reclamation shall be
abolished on June 30, 1997. Beginning July 1, 1997, all programmatic functions
formerly performed by the Interagency Committee on Surface Mining Control and
Reclamation shall be performed by the Office of Mines and Minerals within the
Department of Natural Resources, except as otherwise provided by Section 9.04
of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(225 ILCS 720/1.06) (from Ch. 96 1/2, par. 7901.06)
Sec. 1.06. Scope of the Act. This Act shall apply to all mining operations, except:
(a) the private non-commercial extraction of coal by     a landowner or lessee where 250 tons or less of coal are removed in any 12 consecutive months;
(b) the extraction of coal incidental to the     extraction of other minerals where the coal does not exceed 16 2/3% of the total mineral tonnage mined;
(c) coal exploration on federal lands;
(d) the extraction of coal on federal lands except to     the extent provided under a cooperative agreement with the United States in accordance with Section 9.03; and
(e)   the extraction of coal as an incidental part of     a federal, State, or local government-financed highway or other construction under rules adopted by the Department. (Source: P.A. 100-936, eff. 8-17-18; 101-81, eff. 7-12-19.)
(225 ILCS 720/1.07) (from Ch. 96 1/2, par. 7901.07)
Sec. 1.07. 
		Construction. 
		As provided in Section 1.02, this Act shall
be construed to fully comply and be consistent with the requirements of
the Federal Surface Mining Control and Reclamation Act of 1977 (Public Law
95-87) and the provisions of Rule 1104 under "The Surface-Mined Land Conservation
and Reclamation Act," approved September 17, 1971, as amended.
(Source: P.A. 81-1015.)