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

(225 ILCS 720/Art. VII heading)
ARTICLE VII:  
		PROHIBITION OF
CERTAIN MINING
(225 ILCS 720/7.01) (from Ch. 96 1/2, par. 7907.01)
Sec. 7.01. 
		Prohibited Mining. 
		(a) No person shall cause or allow any
mining operations which will adversely affect any publicly owned park or
places included in the National Register of Historic Sites unless approved
by both the Department, in accordance with procedures of Article III of
this Act, and the Federal, State, or local agency with jurisdiction over
the park or the historic site.
(b) No person shall cause or allow any surface mining operations or any
surface impact of underground mining operations within 100 horizontal feet
of the outside right-of-way line of any public road, except where mine access
roads or haulage roads join such right-of-way line.  The Department may
permit such roads to be relocated, or the area affected to lie within 100
horizontal feet of such road, if after public notice and opportunity for
public hearing in the locality a written finding is made that the interests
of the public and the landowners affected thereby will be protected.
(c) No person shall cause or allow any surface mining operations or any
surface impact of underground mining operations within 300 horizontal
feet from any occupied dwelling, unless waived by the owner thereof, nor
within 300 horizontal feet of any public building, school, church, community,
or institutional building, public park, or within 100 horizontal feet of a cemetery.
(d) No person shall cause or allow any mining operations on any land included
within an area designated unsuitable for mining operations under this Article.
(e) The prohibitions of this Section do not apply to mining operations
which existed on August 3, 1977.
(Source: P.A. 81-1015.)
(225 ILCS 720/7.02) (from Ch. 96 1/2, par. 7907.02)
Sec. 7.02. 
		Criteria for Designating Lands Unsuitable for Mining Operations. 
		
(a) An area shall be designated as unsuitable for all or certain types of
mining operations if the Department determines that reclamation in accordance
with the requirements of this Act is not technologically and economically feasible.
(b) An area may be designated unsuitable for all or certain types of mining
operations if such operations would:
(1) be incompatible with existing state or local land use plans; or
(2) affect fragile or historic lands on which such operations could result
in significant damage to important historic, cultural, scientific, and esthetic
values and natural systems; or
(3) affect renewable resource lands in which such operations could result
in a substantial loss or reduction of long-range productivity of water supply
or of food or fiber products; or
(4) affect natural hazard lands in which such operations could substantially
endanger life and property, such lands to include areas subject to frequent
flooding and areas of unstable geology.
(c) Designation of any area as unsuitable for all or certain types of
mining operations does not of itself prohibit mineral exploration of such
area.  Exploration on lands designated unsuitable for mining must be approved
by the Department to ensure that exploration does not interfere with any
value for which the area has been designated unsuitable for mining operations.
The Department shall by rule prescribe procedures for such determinations.
(d) The Department shall adopt rules which define terms used in this Section,
which establish criteria for the designation of lands under this Section
to accomplish the purposes of this Act, and which provide for determinations
under this Section to be integrated as closely as possible with present
and future governmental land use planning and regulation processes.
(e) The requirements of this Section, and of Sections 7.03 and 7.04, do
not apply to lands on which mining operations were being conducted on August
3, 1977, or under a permit issued pursuant to this Act, or where substantial
legal and financial commitments in such operation were in existence prior
to January 4, 1977.
(Source: P.A. 81-1015.)
(225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
Sec. 7.03. 
		Procedure for designation.
(a) Any person having an interest which is or may be adversely affected
shall have the right to petition the
Department to have an area designated as unsuitable for all or certain types
of mining operations, or to have such a designation terminated.  Such a
petition shall contain allegations of facts with supporting evidence which
would tend to establish the allegations.
(b) Immediately after a petition under this Section is received, the
Department shall prepare a land report in accordance with Section 7.04,
unless the petition is rejected by the Department as incomplete,
frivolous, or submitted by a person lacking an interest which is
or may be adversely affected by surface coal mining operations.
(c) Within 10 months after receipt of the petition, the Department shall
hold a public hearing in the locality of the affected area, after appropriate
notice and publication of the date, time, and location of such hearing.
Such notice and publication shall state that a Land Report is available
for public inspection and the locations at which it may be inspected.  Such
a hearing shall be held not less than 30 days after the Land Report has been prepared by the Department
in accordance with Section 7.04.  After petition is filed under this Section
and before the hearing, any person may intervene by filing allegations of facts
with supporting evidence which would tend to establish the allegations.
(d) Within 60 days after such hearing, the Department shall issue and
furnish to the petitioner and all other parties to the hearing, a written
decision regarding the petition, and the reasons therefor.
(e) In the event that all the petitioners stipulate agreement prior to
the requested hearing, and withdraw their request, such hearing need not be
held.
(f) The Department may by rule adopt additional procedures for designation
of lands under this Article.  The Department shall adopt rules to prevent
the filing of repetitive or frivolous petitions with respect to particular
lands, and prescribing procedures for expediting decisions
on repetitive or frivolous petitions.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
(225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
Sec. 7.04. 
		Land Report.
(a) The Department shall prepare a Land Report with
respect to each petition filed with the Department under Section 7.03.
Each Land Report shall evaluate
whether mining operations on the land which is the subject of the petition
would have any or all of the effects described in subsection (b) of Section
7.02.  Each Land Report shall also contain a detailed statement on (1) the
potential coal resources of the area, (2) the demand for coal resources,
and
(3) the impact of a designation of such lands as unsuitable for mining on
the environment, the economy, and the supply of coal.  The Land Report shall
state objectively the information which the Department
has, but shall not contain a recommendation with respect to whether the
petition should be granted or denied.  Each Land Report shall
be completed not later
than eight months after receipt of the petition filed under Section 7.03.
(b) Each Land Report shall be made available to the public by the
Department at least 30 days before the Department holds a public hearing
under Section 7.03.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
(225 ILCS 720/7.05) (from Ch. 96 1/2, par. 7907.05)
Sec. 7.05. 
		Construction. 
		The provisions of this Article, including
the provisions of subsection (e) of Section 7.01 and subsection (e) of Section
7.02, shall be construed in a manner consistent with the provisions of Section
522 of the Federal Act, as amended.
(Source: P.A. 81-1015.)