2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 705/ - Coal Mining Act. › Article 38 - Surface Mining Regulations

(225 ILCS 705/Art. 38 heading)
ARTICLE 38.
SURFACE MINING REGULATIONS.
(Source: P.A. 96-328, eff. 8-11-09.)
(225 ILCS 705/38.1) (from Ch. 96 1/2, par. 3801)
Sec. 38.1. 
		Adoption of regulations - scope.
This Article sets forth mandatory safety standards for bituminous, anthracite
and lignite surface coal mines, including open pit and auger mines, preparation
facilities and to other
surface work areas of underground and surface coal mines.
(Source: P.A. 79-460.)
(225 ILCS 705/38.2) (from Ch. 96 1/2, par. 3802)
Sec. 38.2. 
		Regulations.
On or before January 1, 1976, the Mining Board shall adopt regulations pursuant to the
provisions of Section 2.12 of this Act to govern the
operation of surface mining facilities affecting the health
and safety of persons
employed at those facilities but not in conflict with federal
standards.  In no event shall the
regulations provide for any protection at a
level which is below that established in the Federal Safety
Standards for Surface Mining, promulgated by the
United States Secretary of the Interior.
(Source: P.A. 79-460.)
(225 ILCS 705/38.3) (from Ch. 96 1/2, par. 3803)
Sec. 38.3. Surface mine supervisor. On or after September 1, 1977, it shall be unlawful
for any operator of a surface coal mine to employ, in a supervisory
capacity listed below any person who does not hold a certificate of
competency issued by the Mining Board.
Those persons assigned to supervise:
(a) Overburden stripping
(b) Drilling and shooting
(c) The pit coal loading operation
(d) Reclamation work at the mine.
Each applicant must have a
minimum of 2 years of surface mining experience and pass an examination,
administered by the Mining Board, based on Illinois State Mining Law as
it pertains to his responsibilities.  Temporary certification will be
provided by the Mining Board for persons with at least 2 years surface mining
experience up to the time of the next examination or up to a maximum of
6 months.
(Source: P.A. 94-1041, eff. 7-24-06.)
(225 ILCS 705/38.4)
Sec. 38.4. General surface supervisor of an underground mine. On or after July 1, 2006, it shall be unlawful for an operator of an underground coal mine surface facility or a coal preparation plant or a contractor engaged in the construction, demolition, or dismantling of an underground coal mine surface facility or a coal preparation plant to employ, in a supervisory capacity, any person who does not hold a certificate of competency issued by the Mining Board to oversee any of the following activities:
(1) Coal preparation and storage.
(2) Mine equipment storage and repair.
(3) Mobile equipment operation.
(4) Site construction, demolition, or dismantling     operations.
Each applicant for a certificate as a general surface supervisor of an underground mine must have  a minimum of 2 years  of work experience at a coal mine surface facility or coal preparation plant.  In addition to the work experience requirement set forth in this Section, a contractor engaged in the construction, demolition, or dismantling of surface structures must successfully complete an examination concerning the Department's health and safety regulations as these regulations pertain to the contractor's responsibilities, which shall be administered by the Mining Board.  Temporary certification may be issued by the Mining Board for persons with at least 2 years of the required work experience and shall be valid until the time of the next examination or for a maximum of 6 months, whichever is shorter.
(Source: P.A. 94-1041, eff. 7-24-06.)
(225 ILCS 705/38.5)
Sec. 38.5. Independent contractor supervisor. On or after July 1, 2006, it shall be unlawful for an operator of an underground coal mine surface facility or a surface coal mine facility to employ an independent contractor who does not have an independent contractor supervisor certificate issued by the Mining Board to oversee and supervise the work for which the services of an independent contractor have been obtained, including, but not limited to, work in the area of construction, demolition, repair or maintenance, or major renovations of existing facilities or other heavy or extensive work planned for an extended period of time.
Each applicant for an independent contractor supervisor certificate must provide proof of at least 2 years of experience in independent contract work at surface mines or at the surface of underground mines and successfully complete an examination based on the mining laws of this State as these laws pertain to the applicant's responsibilities, which shall be administered by the Mining Board.  Temporary certification may be issued by the Mining Board for persons with at least 2 years of the required work experience and shall be valid until the time of the next examination or for a maximum of 6 months, whichever is shorter.
Independent contractors employed to engage in routine maintenance work within a facility, including, but not limited to, plumbing repair, roof repair, and carpentry work, are not required to possess an independent contractor supervisor certificate to engage in such routine maintenance work within a facility.
(Source: P.A. 94-1041, eff. 7-24-06.)