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

(225 ILCS 720/Art. IX heading)
ARTICLE IX:  
		ADMINISTRATION
(225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
Sec. 9.01. 
		Rules.
(a) The Department may propose, adopt and promulgate
reasonable rules in conformity with this Act.  When it proposes or adopts
rules the Department shall consider the terrain, the climate and other
conditions
of this State.  Rules shall reflect the distinct differences between surface
mining operations and underground mining operations.
(b) Any person may file a written petition with the Department proposing
the adoption, amendment or repeal of any rule under this Act.  Within 90
days after a receipt of a petition, the Department shall initiate a rule-making
proceeding under this Section with respect to such proposal, or deny such
petition, setting forth in writing the reasons for such denial.
(c) No rule adopted shall be retroactive. Any
operator shall have the right to proceed with operations under this Act
until such rules are adopted and no such rules shall be made applicable
to any operations prior to the effective date thereof.
(d) In addition to the provisions of this Section, and to the
extent
consistent with this Section, the provisions of the Illinois Administrative
Procedure Act apply to the adoption of rules under this Act.
(Source: P.A. 90-490, eff. 8-17-97.)
(225 ILCS 720/9.02) (from Ch. 96 1/2, par. 7909.02)
Sec. 9.02. 
		General Duties and Powers. 
		In addition to the duties and
powers of the Department prescribed by the Civil Administrative Code of
Illinois, the Department shall have full powers and authority to carry out
and administer the provisions of this Act. The Department has the power
and the duty to act as the regulatory authority for the State of Illinois
under the Federal Act, to submit and implement a State program under the
Federal Act, and to apply for, accept, receive, receipt for and use for
and in behalf of the State such moneys and property as are given
or granted under the Federal Act or any other federal law, or from any other
lawful public and private source, for the purposes of this Act.
(Source: P.A. 81-1015.)
(225 ILCS 720/9.03) (from Ch. 96 1/2, par. 7909.03)
Sec. 9.03. 
		Cooperative agreements. 
		The Department may enter into cooperative
agreements with the United States Secretary of the Interior under which
the State will regulate mining on Federal lands.
(Source: P.A. 81-1015.)
(225 ILCS 720/9.04) (from Ch. 96 1/2, par. 7909.04)
Sec. 9.04. 
		Delegation to other agencies. 
		The Department may delegate
responsibilities, other than final action on permits, to other State agencies
with the authority and technical expertise to carry out such responsibilities,
with the consent of such agencies. The Department may contract with any
State officer or agency to administer responsibilities under this Act as
may be deemed necessary and appropriate to provide for effective administration
hereof, without unreasonable or unnecessary cost or duplication of effort,
and taking into account the need to deliver fair and effective governmental
service to the interested public.
(Source: P.A. 81-1015.)
(225 ILCS 720/9.05) (from Ch. 96 1/2, par. 7909.05)
Sec. 9.05. 
		Coordination with other agencies. 
		The Department shall work
with other agencies to coordinate, simplify and expedite the procedures
required to obtain permits and approvals from the State for mining operations.
(Source: P.A. 81-1015.)
(225 ILCS 720/9.06) (from Ch. 96 1/2, par. 7906.06)
Sec. 9.06. 
		Financial Interest. 
		No person employed by the Department performing any function or duty under
this Act shall have a direct or indirect financial interest in mining operations
in violation of the Federal Act.  Whoever knowingly violates the provisions
of this Section shall, upon conviction, be punished by a fine of not more
than $2,500 or by imprisonment of not more than one year, or by both.
(Source: P.A. 81-1015.)
(225 ILCS 720/9.07) (from Ch. 96 1/2, par. 7909.07)
Sec. 9.07. 
		Fees and Forfeitures.
(a) All fees and civil penalties
collected under this Act shall be deposited into the Coal Mining Regulatory
Fund in the State Treasury.
(b) All forfeitures collected under the provisions of this Act shall be
deposited in the reclamation fund to be used for the purposes for which
the bond was issued under Article VI.
(Source: P.A. 88-599, eff. 9-1-94.)
(225 ILCS 720/9.08) (from Ch. 96 1/2, par. 7909.08)
Sec. 9.08. 
		Transition. 
		The Department shall provide for the orderly transition
from "The Surface-Mined Land Conservation and Reclamation Act", approved
September 17, 1971, as amended, to this Act.  Such rules shall as a minimum
provide for temporary permit procedures, filing and application schedules
and requirements, and time limits different from those set forth in this
Act and which satisfy the requirements of the Federal Act and Regulations,
for transition from the initial regulatory program to the permanent program.
Such rules shall provide for the continued validity of permits and bonds
issued under "The Surface-Mined Land Conservation and Reclamation Act",
approved September 17, 1971, as amended, in a manner which
satisfies the requirements of the Federal Act and Regulations, and may provide
for delay in the applicability of any provisions of this Act to mining and
reclamation operations to the extent required if the State program is not
approved under the Federal Act.
(b) To the extent consistent with this Act, all bonds, plans, duties and
requirements pursuant to "The Open Cut Land Reclamation Act", approved August
10, 1961, as amended, "The Surface-Mined Land Reclamation Act", approved
April 6, 1967, as amended, and "The Surface-Mined Land Conservation and
Reclamation Act", approved September 17, 1971, as amended, shall remain
in full force and effect with respect to mining commenced prior to the effective
date of this Act.
(Source: P.A. 81-1509.)
(225 ILCS 720/9.09) (from Ch. 96 1/2, par. 7909.09)
Sec. 9.09. 
		This Act takes effect on June 1, 1980.
(Source: P.A. 81-1015.)