2023 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

(225 ILCS 720/Art. III heading)
ARTICLE III:  
		PERFORMANCE STANDARDS FOR SURFACE MINING
(225 ILCS 720/3.01) (from Ch. 96 1/2, par. 7903.01)
Sec. 3.01. 
		General Requirement. 
		Each person conducting surface mining
operations shall as a minimum comply with all applicable performance standards
set forth in this Article.  Each permit issued under this Act to conduct
surface mining operations shall require as a minimum that such operations
meet all applicable
performance standards set forth in this Article.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.02) (from Ch. 96 1/2, par. 7903.02)
Sec. 3.02. 
		Coal Utilization. 
		Surface mining operations shall be conducted
so as to maximize the utilization and conservation of the solid fuel resource
being recovered so that reaffecting the land in the future through surface
mining operations can be minimized.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.03) (from Ch. 96 1/2, par. 7903.03)
Sec. 3.03. 
		Land Use. 
		Affected land shall be restored to a condition capable
of supporting the uses which it was capable of supporting prior to any mining,
or higher or better uses of which there is reasonable likelihood, so long
as such use or uses do not present any actual or probable hazard to public
health or safety or pose an actual or probable threat of water diminution
or pollution.  The permit applicant's declared proposed land use following
reclamation shall not (1) be impractical or unreasonable, (2) be inconsistent
with applicable land use policies and plans, (3) involve unreasonable delay
in implementation, or (4) violate Federal, State, or local law.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.04) (from Ch. 96 1/2, par. 7903.04)
Sec. 3.04. 
		Grading. 
		(a) Affected land shall be backfilled, compacted
(where advisable to insure stability or to prevent leaching of toxic materials),
and graded in order to restore the approximate original contour of the land.
All highwalls, spoil piles, and depressions shall be eliminated (unless
small depressions are needed in order to retain moisture, to assist revegetation,
or as otherwise authorized under this Act).
(b) In surface mining which is carried out at the same location over a
period greater than one year where the operation transects the coal deposit,
and the thickness of the coal deposits relative to the volume of the overburden
is large and where the operator demonstrates that the overburden and other
spoil and waste materials at a particular point in the permit area or otherwise
available from the entire permit area are insufficient, giving due consideration
to volumetric expansion, to restore the approximate original contour, the
operator, at a minimum, shall backfill, grade, and compact (where advisable)
using all available overburden and other spoil and mine waste materials to attain
the lowest practicable grade, but not more than the angle of repose, to
provide adequate drainage and to cover all acid-forming and other toxic materials,
in order to achieve an ecologically sound land use compatible with the surrounding
region.
(c) Where the operator demonstrates that due to volumetric expansion the
amount of overburden and other spoil and waste materials removed in the
course of the mining operation is more than sufficient to restore the approximate
original
contour, the operator shall satisfy the requirements set forth in subsection
(a) of this Section, and shall backfill, grade and compact (where advisable)
the excess overburden and other spoil and waste materials to attain the
lowest grade but not more than the angle of repose, and to cover all acid-forming
and other toxic materials, in order to achieve an ecologically sound land
use compatible with the surrounding region and such overburden and spoil
shall be shaped and graded in such a way as to prevent slides, erosion,
and water pollution, and shall be revegetated in accordance with the requirements
of this Act.
(d) Water impoundments which were not part of the original contour may
be permitted by the Department under Section 3.08.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.05) (from Ch. 96 1/2, par. 7903.05)
Sec. 3.05. 
		Stabilization. 
		All surface areas, including spoil piles, affected
by the surface mining and reclamation operation shall be stabilized and
protected to effectively control erosion and attendant air and water pollution.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.06) (from Ch. 96 1/2, par. 7903.06)
Sec. 3.06. 
		Topsoil. 
		(a)  The topsoil shall be removed from the land in
a separate layer, replaced on the backfill area, or if not used immediately,
segregated in a separate pile from other spoil.  When the topsoil is not
replaced on a backfill area within a time short enough to avoid deterioration
of the topsoil, a successful cover shall be maintained by quick-growing
plant or other means thereafter so that the topsoil is preserved from wind and
water erosion, remains free of any contamination by other acid or toxic
material, and is in  usable condition for sustaining vegetation when restored
during reclamation.
(b) If topsoil is of insufficient quantity or of poor quality for sustaining
vegetation, or if other strata or combinations of strata can be shown to
be more suitable for vegetation requirements, then the operator shall remove,
segregate, and preserve in a like manner such other strata which are best
able to support vegetation.
(c) The topsoil, or the best available subsoil or combination of soil
which is best able to support vegetation, shall be restored.
(d) The term "topsoil" shall be defined by the Department by rule.  Such
definition shall consider regional differences in conditions in this State.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.07) (from Ch. 96 1/2, par. 7903.07)
Sec. 3.07. 
		Prime Farmlands and High Capability Lands. 
		(a) For all prime
farmlands to be mined and reclaimed, the operator shall, as a minimum,
(1) segregate the A horizon of the natural soil, except where it can be shown
that other available soil materials will create a final soil having a greater
productive capacity, and if not used immediately, stockpile this material
separately from other spoil, and provide needed protection from wind and
water erosion or contamination by other acid or toxic material; (2) segregate
the B horizon of the natural soil, or underlying C horizons or other strata,
or a combination of such horizons or other strata that are shown to be both
texturally and chemically suitable for plant growth and that can be shown
to be equally or more favorable for plant growth than the B horizon, in
sufficient quantities to create in the regarded final soil a root zone of
comparable depth and quality to that which existed in the natural soil,
and if not used immediately, stockpile this material separately from other
spoil, and provide needed protection from wind and water erosion or contamination
by other acid or toxic material; (3) replace and regrade the root zone material
described in (2) above with proper compaction and uniform depth over the
regraded spoil material; and (4) redistribute and grade in a uniform manner
the surface soil horizon described in subparagraph (1) above.
(b) For all high capability lands to be mined and reclaimed, all or part
of the darkened surface soil shall be segregated and replaced as a final
cover as a last step in the required grading.  When available in such depth,
at least 18 inches of the darkened surface soil shall be segregated and replaced.
In no case under this subsection shall less than the top 8 inches of surface
soil, darkened or not, be segregated or replaced.  This segregation and
replacement requirement may be altered by the Department only if it is determined
on the advice of competent soil scientists that other material available
in the cast overburden would be suitable in meeting the reclamation requirements.
Below the darkened surface soil, the replaced material shall be suitable
as an agricultural root medium.  The Department shall determine by rule
what constitutes a suitable agricultural root medium by composition and
depth.  This Section does not apply to any land which is subject to a reclamation
plan approved under "The Surface-Mined Land Conservation and Reclamation
Act", approved September 17, 1971, as amended, as in effect on June 30,
1979, or to high capability lands affected by mining operations prior to July 1, 1975.
(c) The term "prime farmland" has the same meaning it has under the Federal
Act.  Soil horizons shall be defined by the Department by rule.  Such rules
shall be consistent with the Federal Act.
(d) The term "high capability land" means land other than prime farmland
which the Director determines is (1) capable of being reclaimed for row-crop
agricultural purposes and is suitable for row-crop agricultural purposes
based on United
States Soil Conservation Service soil survey classifications of the affected
land prior to mining, and (2) the optimum future use of which is for row-crop
agricultural purposes.
(e) The term "darkened surface soil" shall be defined by the Department by rule.
(f) The requirements of this Section are in addition to the other requirements
of this Act.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.08) (from Ch. 96 1/2, par. 7903.08)
Sec. 3.08. 
		Runoff Water. 
		(a) All runoff water from affected areas shall
be impounded, drained, or treated so as to reduce soil erosion, damage to
unmined lands, and pollution of streams and other waters.  The operator
shall construct earth dams where lakes may be formed, in accordance with
sound engineering practices and standards adopted by the Department by rule,
(1) if necessary or desirable to impound water, and (2) if the formation
of the lakes or ponds will not interfere with underground or other mining
operations or other subsequent uses of the area authorized by the Department,
and will not damage adjoining property.  Such water impoundments shall be
approved by the Department based on the expected ability of the lakes or
ponds to support desirable uses such as water for recreation, livestock
or wildlife; and if to be used for fish life,
 shall have minimum depths in accordance with standards for fish stocking
in the various areas of the State adopted by the Department by rule.
(b) Permanent impoundments of water shall only be authorized when the
applicant adequately demonstrates and the Department finds that:
(1) the size of the impoundment is adequate for the intended use;
(2) the impoundment dam construction will be designed so as to achieve
necessary stability with an adequate margin of safety compatible with that
of structures constructed under Section 1006 of Title 16 of the United States Code;
(3) the quality of impounded water will be permanently suitable for intended
use and will comply with standards established by applicable water quality laws;
(4) the level of the water will remain reasonably stable;
(5) final grading will provide adequate safety and access for future users
of the impounded water; and
(6) the impoundments will not result in the diminution of the quality
or quantity of water utilized by adjacent or surrounding landowners for
agricultural, industrial,
 recreational or domestic uses.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.09) (from Ch. 96 1/2, par. 7903.09)
Sec. 3.09. 
		Augering. 
		Any augering operation associated with surface
mining shall be conducted in a manner to maximize recoverability of mineral
reserves remaining after mining operations and reclamation are complete.
All auger holes shall be sealed with an impervious and noncombustible material
in order to prevent drainage except where the Department determines that
the resulting impoundment of water in such auger holes may create a hazard
to the environment or the public health or safety, provided that augering
may be prohibited if necessary to maximize the utilization, recoverability
or conservation of the solid fuel resources or to protect against adverse
water quality impacts.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.10) (from Ch. 96 1/2, par. 7903.10)
Sec. 3.10. 
		Hydrology. 
		(a) Disturbances to the prevailing hydrologic
balance at the mine-site and in associated offsite areas and to the
quality and quantity of water in surface and ground water systems shall
be minimized both during and after surface mining operations and during
reclamation.
(b) Acid or other toxic mine drainage shall be avoided by such
measures as, but not limited to (1) preventing or removing water from
contact with toxic-producing deposits; (2) treating drainage to reduce
toxic content which adversely affects downstream water upon being
released to water courses; and (3) casing,   sealing, or otherwise
managing boreholes, shafts, and wells and keeping acid or other toxic
drainage from entering ground land surface waters.
(c) Surface mining operations shall be conducted so as to prevent,
to the extent possible using the best technology currently available,
additional contributions of suspended solids to streamflow, or runoff
outside the permit area.  In no event shall such contributions be in
excess of requirements set by applicable State or Federal law.
(d) Siltation structures may be constructed pursuant to subsection
(c) prior to commencement of surface mining operations.  Such structures
shall be certified by a qualified registered engineer and be constructed
as designed and as approved in the permit or reclamation plan.
(e) Unless consistent with the reclamation plan, temporary or large
settling ponds or other siltation structures shall be cleaned out and
removed from drainways after disturbed areas are revegetated and
stabilized.  Silt and debris shall be deposited at a site and in a
manner approved by the Department.
(f) Recharge capacity of the mined area shall be restored to
approximate premining conditions.
(g) Channel deepening or enlargement shall be avoided in operations
requiring the discharge of water from mines.
(h) The Department may prescribe other actions to achieve the
standards set forth in subsection (a) of this Section.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.11) (from Ch. 96 1/2, par. 7903.11)
Sec. 3.11. 
		Wastes.
(a) With respect to surface disposal of mine wastes,
tailings, coal processing wastes, and other wastes in areas other than the
mine working or excavations, the operator shall stabilize all waste piles
in designated areas through construction in compacted layers, including the
use of noncombustible and impervious materials if
necessary, and shall assure that the final contour of the waste pile will be
compatible with natural surroundings and that the site can and will be
stabilized and revegetated according to the provisions of this Act.
(b) The operator shall design, locate, construct, operate, maintain,
enlarge, modify, and remove or abandon, in accordance with the standards and
criteria developed pursuant to the Federal Act, all existing and new coal mine
waste piles consisting of mine wastes, tailings, coal processing wastes, or
other liquid and solid wastes, and used either temporarily or permanently
as dams or embankments.
(c) All debris, acid-forming materials, toxic materials, or materials
constituting a fire hazard shall be treated or buried and compacted or
otherwise disposed of in a manner designed to prevent contamination of ground
or surface waters.  At a minimum, such materials constituting a fire hazard
present in the exposed face of the mined mineral seam or seams in the final cut
shall, if approved by the Department, be covered at all times with not less
than 4 feet of water or other materials which shall be placed with
slopes having no more than 30% grade, capable of supporting plant and animal
life.  Final cuts or other depressed affected areas, no longer in use in mining
operations, which accumulate toxic waters will not meet reclamation
requirements.  Contingency plans shall be developed to prevent sustained
combustion.
(d) Slurry shall be confined in depressed or mined areas bounded by levees
or dams constructed from materials capable of supporting acceptable vegetation
and built in accordance with sound engineering practices.  Such areas shall
be screened with border plantings of tree species which by their seeding
habits will encourage propagation of vegetation on these areas, and levees
or dams built to confine slurry shall be adapted to established species
of grasses.  Gob and slurry not capable of supporting vegetation shall be
covered to a minimum depth of 4 feet with soil or other material
in accordance with sound soil conservation practices as prescribed by the
Department.  Such material shall be capable of being vegetated and an
acceptable cover shall be established.  The reclamation measures set forth in
this subsection are minimum performance standards and do not supersede any
other requirements of this Act.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 720/3.12) (from Ch. 96 1/2, par. 7903.12)
Sec. 3.12. 
		Nearby Mines. 
		Surface mining shall not be permitted within
five hundred feet from active and abandoned underground mines except as
provided in this Section.  The Department may permit an operator to mine
near, through or partially through an abandoned underground mine or
closer than five hundred feet to an active underground mine if (1) the
nature, timing, and sequencing of the approximate coincidence of
specific surface mine activities with specific underground mine
activities are jointly approved in accordance with law under laws
concerned with surface mine regulation and the health and safety of
underground miners, and (2) such operations will result in improved
resource recovery, abatement of water pollution, or elimination of
hazards to the health and safety of the public.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.13) (from Ch. 96 1/2, par. 7903.13)
Sec. 3.13. 
		Explosives. 
		(a) Explosives shall be used only in
accordance with existing State and Federal law and rules promulgated by
the Department. Such rules shall include provisions to-
(1) provide adequate advance written notice to local governments and
residents who might be affected by the use of such explosives by
publication of the planned blasting schedule in a newspaper of general
circulation in the locality and by mailing a copy of the proposed
blasting schedule to every resident living within one-half mile of the
proposed blasting site and to every other person within or outside such
area to whom the Department requires notice to be mailed, and by
providing daily notice to such persons prior to any blasting;
(2) maintain for a period of at least three years and make available
for public inspection on request a log detailing the location of the
blasts, the pattern and depth of the drill holes, the amount of
explosives used per hole, and the order and length of delay in the
blasts;
(3) limit the type of explosives and detonating equipment, the size,
the timing and frequency of blasts based upon the physical conditions of
the site so as to prevent (1) injury to persons, (2) damage to public
and private property outside the permit area, (3) adverse impacts on any
underground mine, and (4) change in the course, channel, or availability
of ground or surface water outside the permit area;
(4) require that all blasting operations be conducted by trained and
competent persons as certified by the Department; and
(5) provide that on the request to the Department and the applicant
or permittee by a resident or owner of a man-made dwelling or structure
(1) within one-half mile of any portion of the permitted area or (2) not
within such area, but within one mile of the blasting area and within an
area determined by the Department to be appropriate in a particular
situation on the basis of complaints or other information received by
the Department, the applicant or permittee shall conduct a pre-blasting
survey of such structures and submit the survey to the Department and a
copy to the resident or owner making the request. The areas and contents
of the survey shall be determined by the Department and shall include
provisions required under the Federal Act.
(b) The Department shall promulgate regulations requiring the
training, examination, and certification of persons engaging in or
directly responsible for blasting or use of explosives in mining
operations.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.14) (from Ch. 96 1/2, par. 7903.14)
Sec. 3.14. 
		Roads and Ditches. 
		(a) The construction, maintenance, and postmining
conditions of roads into and across the site of mining operations shall
control or prevent erosion and siltation, pollution of water, damage to
fish or wildlife or their habitat, or public or private property.
(b) Construction of roads or other access ways shall not be permitted
up a stream bed or drainage channel or in such proximity to such channel
so as to seriously alter the normal flow of water.
(c) All abandoned roads and all mine drainage ditches shall  be removed
and graded, except where the Department determines that a road or ditch
is consistent with and necessary to the reclamation plan.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.15) (from Ch. 96 1/2, par. 7903.15)
Sec. 3.15. 
		Vegetation.
(a) A suitable, diverse, effective, and permanent
vegetative cover of the same seasonal variety native to the area of affected
land shall be established on all regraded areas, and all other land affected.
The Department may approve vegetation plans for the purpose of soil building
or preparing land for crop production.  Vegetative cover must
be capable of self-regeneration and plant succession at least equal in extent
of cover to the natural vegetation of the area. Vegetative cover will be
considered of the same seasonal variety when it consists of a mixture of
species of equal or superior utility for the intended land use when compared
with the utility of naturally occurring vegetation during each season of
the year. Introduced species may be used in the revegetation process where
desirable and necessary to achieve the approved post-mining land use plan
only if approved by the Department. Introduced species shall not include
poisonous or toxic species.
(b) The operator shall assume the responsibility for successful
revegetation, as required by this Act, for a period of five full years after
the
last
year of augmented seeding, fertilizing, irrigation, or other work in order
to assure compliance with this Act. This does not preclude responsible land
management practices on portions of the total area as deemed necessary and
approved by the Department.
(c) When the Department determines lands to be high capability lands or
approves a long-term intensive agricultural postmining land use, the applicable
5-year period of responsibility for revegetation shall commence at the date
of initial planting for such use. The Department may grant exceptions to
this requirement to accomplish the purposes of this Act in accordance with
rules adopted by the Department.
(d) The Department may not require that high capability lands be revegetated
with row crops.
(e) On lands eligible for remining, the operator shall assume the
responsibility for successful revegetation for a period of 2 full years after
the last year of augmented seeding, fertilizing, irrigation, or other work in
order to assure compliance with the applicable standards of the Act.  This does
not preclude responsible land management practices on portions of the total
area as deemed necessary and approved by the Department.
(Source: P.A. 88-599, eff. 9-1-94.)
(225 ILCS 720/3.16) (from Ch. 96 1/2, par. 7903.16)
Sec. 3.16. 
		Offsite Areas. 
		(a) Offsite areas shall be protected from slides
or damage occurring during surface mining and reclamation operations.
(b) Surface mining operations that remove and do not replace the lateral
support shall not, unless mutually agreed on by the operator and the adjacent
property owner, approach property lines or established right-of-way lines
of any public roads, streets, or highways closer than a distance equal to
10 feet plus one and one-half times the depth of the excavation except where
consolidated material or materials of sufficient hardness or ability to
resist weathering and to inhibit erosion or sloughing exist in the highwall,
the distance from the property line or any established right-of way line
shall not, unless mutually agreed, be closer than a distance equal to 10
feet plus one and one-half times the depth from the natural ground surface
to the top of the consolidated material or materials.
(c) No operator shall deposit soil material or locate any part of the
surface mining and reclamation operations or waste accumulations outside
the permit area.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.17) (from Ch. 96 1/2, par. 7903.17)
Sec. 3.17. 
		Excess Spoil. 
		All excess spoil material resulting from surface
mining and reclamation activities shall be placed in such a manner that:
(a) spoil is transported and placed in a controlled manner in position
for concurrent compaction and in such a way to assure mass stability and
to prevent mass movement;
(b) the areas of disposal are within the bonded permit areas and all organic
matter is removed immediately prior to spoil placement;
(c) appropriate surface and internal drainage systems and diversion ditches
are used so as to prevent spoil erosion and movement;
(d) the disposal area does not contain springs, natural water courses
or wet weather seeps unless lateral drains are constructed from the wet
areas to the main underdrains in such a manner that filtration of the water
into the spoil pile will be prevented;
(e) if placed on a slope, the spoil is placed on the most moderate slope
among those on which, in the judgment of the Department, the spoil could be placed
in compliance with all the requirements of this Act, and is placed, where
possible, on, or above, a natural terrace, bench, or berm, if such placement
provides additional stability and prevents mass movement;
(f) where the toe of the spoil rests on a downslope, a rock toe buttress,
of sufficient size to prevent mass movement, is constructed;
(g) the final configuration is compatible with the natural drainage pattern
and surroundings and suitable for intended uses;
(h) design of the spoil disposal area is certified by a qualified registered
professional engineer in conformance with professional standards; and
(i) all other provisions of this Act are met.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.18) (from Ch. 96 1/2, par. 7903.18)
Sec. 3.18. 
		Fish, Wildlife, and Related Environmental Values. 
		To the
extent possible using the best technology currently available, the operator
shall minimize disturbances and adverse impacts of the operation on fish,
wildlife, and related environmental values, and achieve enhancement of such
resources where practicable.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.19) (from Ch. 96 1/2, par. 7903.19)
Sec. 3.19. 
		Natural Barriers. 
		An undisturbed natural barrier shall be
provided beginning at the elevation of the lowest coal seam to be mined
and extending from the outslope for such distance as the Department determines shall be
retained in place as a barrier to slides and erosion.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.20) (from Ch. 96 1/2, par. 7903.20)
Sec. 3.20. 
		Illinois Environmental Protection Act. 
		All requirements of
the Illinois Environmental Protection Act, and of rules and regulations
thereunder, shall be complied with fully at all times during mining, reclamation,
and after reclamation.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.21) (from Ch. 96 1/2, par. 7903.21)
Sec. 3.21. 
		Signs. 
		Each permittee shall conspicuously maintain at each
entrance to the surface mining and reclamation operations a clearly visible
sign which sets forth the name, business address, and phone number of the
permittee and the permit number of the surface mining and reclamation operations.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.22) (from Ch. 96 1/2, par. 7903.22)
Sec. 3.22. 
		Other Criteria. 
		The operator shall meet such other criteria
required by the Department for a particular site as are necessary to achieve
reclamation in accordance with the purposes of this Act, taking into consideration
the physical, climatological, and other characteristics of the site.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.23) (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.)
(225 ILCS 720/3.24) (from Ch. 96 1/2, par. 7903.24)
Sec. 3.24. 
		Water Rights. 
		(a) Nothing in this Act shall be construed
as affecting in any way the right of any person to enforce or protect, under
applicable law, his interest in water resources affected by a surface mining operation.
(b) The operator of a surface mine shall replace the water supply of an
owner of an interest in real property who obtains all or part of his supply
of water for domestic, agricultural, industrial, or other legitimate use
from an underground or surface source where such supply has been affected
by contamination, diminution, or interruption proximately resulting from
such surface mine operation.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.25) (from Ch. 96 1/2, par. 7903.25)
Sec. 3.25. 
		Timing of Reclamation. 
		(a) Reclamation efforts on all land
that is disturbed by surface mining operations shall proceed in an environmentally
sound manner and as contemporaneously as practicable with the surface mining
operations.  The Department shall by rule establish time schedules for reclamation,
which rules shall be no less stringent than the Regulations.
(b) When extension of the reclamation period is necessary to allow continued
mining operations and to accomplish acceptable reclamation, such extension
shall be made until a date certain at the discretion of the Department.
The Department shall not deny a reasonable extension when the operator shows
that acts of God, strikes, inability to receive ordered equipment or extended
periods of unreasonable and unexpected weather have made completion within
the time limits impossible.
(Source: P.A. 81-1015.)
(225 ILCS 720/3.26) (from Ch. 96 1/2, par. 7903.26)
Sec. 3.26. 
		Variances for Joint Surface and Underground Mining. 
		(a) Where
the applicant proposes to combine surface mining operations with underground
mining operations to assure maximum practical recovery of the mineral resources,
the Department may grant a variance for specific areas within the reclamation
plan from the requirement that reclamation efforts proceed as contemporaneously
as practicable to permit underground mining operations prior to reclamation
if the Department finds in writing that:
(1) the applicant has presented, as part of the permit application, specific,
feasible plans for the proposed underground mining operations;
(2) the proposed underground mining operations are necessary or desirable
to assure maximum practical recovery of the mineral resource and will avoid
multiple disturbance of the surface;
(3) the applicant has satisfactorily demonstrated that the plan for the
underground mining operations conforms to requirements for underground mining
in the State and that all permits necessary for the underground mining operations
have been issued;
(4) the areas proposed for the variance have been shown by the applicant
to be necessary for the implementing of the proposed underground mining operations;
(5) no substantial adverse environmental damage, either onsite or offsite,
will result from the delay in completion of reclamation as required by this Act; and
(6) provisions for the offsite storage of spoil will comply with Section 3.17.
(b) Such operations shall comply with any additional requirements
promulgated
under this Act.  Variances granted under this Section shall be reviewed
by the Department not more than 3 years after the issuance of the permit.
Liability under the bond filed by the applicant with the Department under
Section 6.01 shall be for the duration of the underground mining operations
and until the requirements of this Section and Section 6.08 have been fully
complied with.
(Source: P.A. 81-1015.)