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

(225 ILCS 720/Art. VIII heading)
ARTICLE VIII:  
		ENFORCEMENT
(225 ILCS 720/8.01) (from Ch. 96 1/2, par. 7908.01)
Sec. 8.01. 
		Inspection. 
		(a) The Department, including its authorized
representatives, without advance notice and on presentation of appropriate
credentials (1) may enter any mining and reclamation operations or any premises
in which any records required to be maintained under this Act or under a
permit issued under this Act are located, and (2) may at reasonable times,
and without delay, have access to and copy any records, and inspect any
monitoring equipment or method of operation required under this Act or any
permit issued under this Act.
(b) The inspections by the Department shall  (1) occur on an irregular
basis averaging not less than one partial inspection per month and one complete
inspection per calendar quarter for the mining and reclamation operation
covered by each permit; (2) occur without prior notice to the permittee
or his agents or employees except for necessary onsite meetings with the
permittee; and (3) include the filing of inspection reports adequate to
enforce the requirements of and to carry out the terms and purposes of this Act.
(c) Copies of any records, reports, inspection materials, or information
obtained by the Department under this Section shall be made immediately
available to the public at central and sufficient locations in the area
of mining so that they are conveniently available to residents in the areas of mining.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.02) (from Ch. 96 1/2, par. 7908.02)
Sec. 8.02. 
		Records. 
		(a) In accordance with rules adopted by the Department,
each permittee shall (1) establish and maintain appropriate records, (2)
make monthly reports to the Department, (3) install, use, and maintain any
necessary monitoring equipment or methods, (4) evaluate results in accordance
with such methods, at such locations, intervals, and in such manner as the
Department prescribes, and (5) provide such other information relative to
mining and reclamation operations as the Department deems reasonable and
necessary to accomplish the purposes of this Act.
(b) For those mining and reclamation operations which remove or disturb
strata that serve as aquifers which significantly insure the hydrologic
balance of water use either on or off the mining site, the Department shall
specify (1) monitoring sites to record the quantity and quality of surface
drainage above and below the minesite as well as in the potential zone of
influence; (2) monitoring sites to record level, amount, and samples of
ground water and aquifers potentially affected by the mining and also directly
below the lowermost (deepest) coal seam to be mined; (3) records of well
logs and borehole data to be maintained; and (4) monitoring sites to record
precipitation.
(c) The monitoring data collection and analysis required by this Section
shall be conducted according to standards and procedures set forth by the
Department in order to assure their reliability and validity.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.03) (from Ch. 96 1/2, par. 7908.03)
Sec. 8.03. 
		Violation Reports. 
		Each inspector, on detection of each
violation of any requirement of this Act or a permit, shall forthwith inform
the operator in writing, and shall report in writing any such violation
to the Department.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.04) (from Ch. 96 1/2, par. 7908.04)
Sec. 8.04. 
		Civil and Criminal Penalties. 
		(a) Any permittee who violates
any permit condition or who violates any provision of this Act or rules
adopted under this Act, may be assessed a civil penalty by the Department
for the purpose of aiding in the administration of this Act.  If a cessation
order is issued under Section 8.06 with respect to a violation, a civil
penalty shall be assessed.  Such penalty shall not exceed $5,000 for each
violation.  Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments.  In determining the amount of the penalty,
consideration shall be given to the permittee's history of previous violations
at the particular mining operation; the seriousness of the violation, including
any irreparable harm to the environment and any hazard to the health or
safety of the public; whether the permittee was negligent; and the demonstrated
good faith of the permittee charged in attempting to achieve rapid compliance
after notification of the violation.
(b) A civil penalty may be assessed only after the person charged with
a violation has been given an opportunity for a public hearing.  Such hearings
may be consolidated with proceedings under Section 8.06, and shall be of
record.  If such a hearing is held, the Department shall make findings of
fact, and shall issue a written decision as to the occurrence of the violation
and the amount of the penalty which is warranted, incorporating, when appropriate,
an order requiring that the penalty be paid.  If no public hearing is held,
a civil penalty shall be assessed after the Department has determined that
a violation occurred, and the amount of the penalty which is warranted,
and has issued an order requiring that the penalty be paid.
(c) Within 30 days after issuance of a notice or order charging that a
violation has occurred, the Department shall inform the operator of the
proposed amount of the penalty.  The person charged with the penalty shall
then have 30 days to pay the proposed penalty in full, or, if the person
wishes to contest either the amount of the penalty or the fact of the violation,
forward the proposed amount to the Department for placement in an escrow
account.  If through administrative or judicial review of the proposed penalty,
it is determined that no violation occurred, or that the amount of the penalty
should be reduced, the Department shall within 30 days remit the appropriate
amount to the person, with interest at the rate of 6 percent, or at the
prevailing United States Department of the Treasury rate, whichever is greater.
Failure to forward the money to the Department within 30 days shall result
in a waiver of all legal rights to contest the violation or the amount of the penalty.
(d) Civil penalties owed under this Section may be recovered in a civil action.
(e) Any person who willfully and knowingly violates a condition of a permit
or fails or refuses to comply with any order issued under Section 8.06,
or any order incorporated in a final decision issued by the Department under
this Act, except an order incorporated in a decision issued under subsection
(b) of this Section, shall, on conviction, be punished by a fine of not
more than $10,000, or by imprisonment for not more than one year or both.
(f) Whenever a corporate permittee violates a condition of a permit or
fails or refuses to comply with any order issued under Section 8.06, or
any order incorporated in a final decision issued by the Department under
this Act except an order incorporated in a decision issued under subsection
(b) of this Section, any director, officer, or agent of such
corporation who willfully and knowingly authorized, ordered, or carried
out such violation, failure, or refusal shall be subject to the same civil
penalties, fines, and imprisonment that may be imposed on a person under
subsections (a) and (e) of this Section.
(g) Whoever knowingly makes any false statement, representation, or certification,
or knowingly fails to make any statement, representation, or certification
in any application, record, report, plan, or other document filed or required
to be maintained under this Act or by any order or decision issued by the
Department under this Act, shall, on conviction, be punished by a fine of
not more than $10,000, or by imprisonment for not more than one year or both.
(h) Any operator who fails to correct a violation for which a citation
has been issued under Section 8.06 within the period allowed for its correction
shall be assessed a civil penalty of not less than $750 for each day during
which such failure or violation continues. For purposes of this subsection
the period allowed for correction shall not end (1) until the entry of a
final order by the Department in the case of any review proceedings under
Section 8.07 initiated by the operator wherein the Department orders, after
an expedited hearing, the suspension of the abatement requirements of the
citation after determining that the operator will suffer irreparable loss
or damage from the application of those requirements, or (2) until the entry
of an order of the court, in the case of any review proceedings under Section
8.10 initiated by the
operator wherein the court orders the suspension of the abatement requirements
of the citation.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.05) (from Ch. 96 1/2, par. 7908.05)
Sec. 8.05. 
		Civil Actions.
(a) Any person having an interest which is or
may be adversely affected may commence a civil action on his  own behalf
to compel compliance with this Act against any governmental instrumentality
or agency which is alleged to be in violation of the provisions of this
Act or of any rule, order or permit issued under this Act, or against any
other person who is alleged to be in violation of this Act or of any rule,
order or permit issued under this Act. No action may be commenced under
this subsection (1) prior to 60 days after the plaintiff has given notice
in writing of the alleged violation to the Department and to any alleged
violator, or (2) if the State has commenced and is diligently prosecuting
a civil action to require compliance with the provisions of this Act, or
any rule, order or permit issued under this Act.
(b) Any person having an interest which is or may be adversely affected
may commence a civil action against the Department on his  own behalf to
compel compliance with this Act where there is alleged a failure of the
Department to perform any act or duty under this Act which is not discretionary
with the Department. No action may be commenced under this subsection prior
to 60 days after the plaintiff has given notice in writing of such action
to the Department, except that such action may be brought immediately after
such notification in the case where the violation or order complained of
constitutes an imminent threat to the health or safety of the plaintiff
or would immediately affect a legal interest of the plaintiff.
(c) The court, in issuing any final order in any action brought under
this Section, may award costs of litigation (including attorney and expert
witness fees) to any party, on the basis of the importance of the proceeding
and the participation of the parties to the efficient and effective enforcement
of this Act. The court may, if a temporary restraining order or preliminary
injunction is sought, require the filing of a bond or equivalent security
in accordance with Part 1 of Article XI of the Code of Civil Procedure.
(d) Any person who is injured in his  person or property through the violation
by any operator of any rule, order, or permit issued pursuant to this Act
may bring an action for damages (including reasonable attorney and expert
witness fees).  Nothing in this subsection shall affect any of the rights
established by or limits imposed under the Workers' Compensation Act.
(e) Any action brought under this Section may be brought only in the county
in which the mining operation complained of is located.
(f) In any action under this Section, the Department shall have an unconditional
right to intervene.
(g) No existing civil or criminal remedy for any wrongful action shall
be excluded or impaired by this Act.
(h) Nothing in this Section shall restrict any right which any person
(or class of persons) may have under any statute or common law to seek enforcement
of any of the provisions of this Act and the rules adopted under this Act,
or to seek any other relief (and including relief against the United States
or the Department).
(Source: P.A. 82-783.)
(225 ILCS 720/8.06) (from Ch. 96 1/2, par. 7908.06)
Sec. 8.06. 
		Enforcement Procedures. 
		(a) Whenever, on the basis
of any information available to it, including receipt of information from
any person, the Department has reason to believe that any person is in violation
of any requirement of this Act or any permit condition required by this
Act, the Department shall immediately order inspection of the mining operation
at which the alleged violation is occurring unless the information available
to the Department is
a result of a previous inspection of such mining operation.
When the inspection results from information provided by any person, the
Department shall notify such person when the inspection is proposed to be
carried out and such person shall be allowed to accompany the inspector
during the inspection.
(b) When, on the basis of any inspection, the Department determines that
any condition or practice exists, or that any permittee is in violation
of any requirement of this Act or any permit condition required by this
Act, which condition, practice, or violation also creates an imminent danger
to the health or safety of the public, or is causing, or can reasonably
be expected to cause significant, imminent environmental harm to land, air,
or water resources, the Department  or its authorized representative shall
immediately order a cessation of mining and reclamation operations or the
portion thereof relevant to the condition, practice, or violation. Such
cessation order shall remain in effect until the Department determines that
the condition, practice, or violation
has been abated, or until modified, vacated, or terminated by the Department
pursuant to subsection (e) of this Section.  When the Department finds that
the ordered cessation of mining and reclamation operations, or any portion
thereof, will not completely abate the imminent danger to health or safety
of the public or the significant imminent environmental harm to land, air,
or water resources, the Department shall, in addition to the cessation order,
require the operator to take whatever affirmative steps the Department deems
necessary to abate the imminent danger or the significant environmental
harm. The operator or permittee may seek immediate injunctive relief from
any order issued under this subsection.
(c) When, on the basis of any inspection, the Department determines that
any permittee is in violation of any requirement of this act or any permit
condition required by this Act, but such violation does not create an imminent
danger to the health or safety of the public, or cannot be reasonably expected
to cause significant, imminent environmental harm to land, air, or water
resources, the Department shall issue a notice to the permittee or his agent
fixing a reasonable time but not more than 90 days for the abatement of
the violation and providing an opportunity for public hearing. Such time
may be extended by the Department for good cause shown on the written finding
of the Department. If, on expiration of the period of time originally fixed
or subsequently extended, the Department finds that the violation has not
been abated, it shall immediately order a cessation of mining and reclamation
operations or the portion thereof relevant to the violation. Such cessation
order shall remain in effect until the Department determines that the violation
has been abated, or until modified, vacated, or terminated by this Section.
In the order of cessation issued by the Department under this subsection,
the Department shall determine the steps necessary to abate the violation
in the most expeditious manner possible, and shall include the necessary
measures in the order. The operator or permittee may seek immediate injunctive
relief from any order issued under this subsection.
(d) When, on the basis of an inspection, the Department determines that
a pattern of violations of any requirements of this Act or any permit conditions
required by this Act exists or has existed,
and if the Department also finds that such violations are caused by the
unwarranted failure of the permittee to comply with any requirements of
this Act or any permit conditions, or that such violations are willfully
caused by the permittee, the Department shall forthwith issue an order to
the permittee to show cause as to why the permit should not be suspended
or revoked and shall provide opportunity for a public hearing, in accordance
with subsection (e) of Section 8.07. The Department shall specify by rule
the minimum number of violations that constitute a pattern of violations
for purposes of this subsection. If the permittee fails to show cause why
the permit should not be suspended or revoked, the Department shall forthwith
suspend or revoke the permit.
(e) Notices and orders issued under this Section shall set forth with
reasonable specificity the nature of the violation and the remedial action
required, the period of time established for abatement, and a reasonable
description of the portion of the mining and reclamation operation to which
the notice or order applies. Each notice or order issued under this Section
shall be given promptly to the permittee or his agent by the Department
and each such notice or order shall be signed by the authorized representative
of the Department issuing it. Any
notice or order issued under this Section may be modified, vacated, or terminated
by the Department. Any notice or order issued under this Section which requires
cessation of mining by the operator shall expire within 30 days of actual
notice to the operator of the notice or order unless a public hearing is
held at the site or within such reasonable proximity to the site that any
viewings of the site can be conducted during the course of public hearing.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.07) (from Ch. 96 1/2, par. 7908.07)
Sec. 8.07. 
		Administrative Review. 
		(a) A permittee issued a notice
or order by the Department under Section 8.06, or any person having an interest
which is or may be adversely affected by such notice or order or by any
modification, vacation, or termination of such notice or order, may apply
to the Department for review of the notice or order within 30 days of
receipt thereof or within 30 days of its modification, vacation, or termination.
On receipt of such application, the Department shall cause such investigation
to be made as it deems appropriate. Such investigation shall provide an
opportunity for a public hearing, at the request of the applicant to enable
the applicant to present information relating to the issuance and continuance
of such notice or order or the modification, vacation, or termination thereof.
The filing of an application for review under this subsection shall not operate
as a stay of any order or notice.
(b) The permittee and other interested persons shall be given written
notice of the time and place of the hearing at least five days prior thereto.
Any such hearing shall be of record.  The presiding officer at such hearing
may not (1) consult a person or party on a fact in issue unless on notice
and opportunity for all parties to participate, or (2) be responsible to
or subject to the supervision or direction of any person engaged in the
performance of investigative or prosecuting functions for the Department.
(c) On receiving the report of an investigation under subsection (a) of
this Section, the Department shall make findings of fact, and shall issue
a written decision, incorporating its findings and an order vacating, affirming,
modifying, or terminating the notice or order, or the modification, vacation,
or termination of such notice or order complained of. If the application
for review concerns an order for cessation of mining and reclamation operations
issued under subsections (b) or (c) of Section 8.06, the Department shall
issue the written decision within 30 days of the receipt of the application
for review, unless temporary relief has been granted by the Department under
subsection (d) of this Section or by a court.
(d) Pending completion of the investigation and hearing required by this
Section the applicant may file with the Department a written request that the
Department grant temporary relief from any notice or order issued under
Section 8.06 of this Act, together with a detailed statement giving reasons
for granting such relief. The Department shall issue an order or decision
granting or denying such relief. If the applicant requests relief from an
order for cessation of mining and reclamation operations issued pursuant
to subsections (b) or (c) of Section 8.06, the order or decision on such
a request shall be issued within five days after its receipt. The Department
may
grant such relief, under such conditions as it may prescribe, if (1) a hearing
has been held in the locality of the permit area on the request for temporary
relief in which all parties were given an opportunity to be heard; (2) the
applicant shows that there is substantial likelihood that the findings of
the Department will be favorable to him; and (3) such relief will not adversely
affect the health or safety of the public or cause significant, imminent
environmental harm to land, air, or water resources.
(e) Following the issuance of an order to show cause why a permit should
not be suspended or revoked under Section 8.06, the Department shall hold
a public hearing after giving written notice of the time, place, and date
thereof to the permittee, interested persons, and the public. Such hearing
shall be of record and shall be subject to subsection (b) of this Section.
Within 60 days following the public hearing, the Department shall issue and
furnish to the permittee and all other parties to the hearing a written
decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the Department revokes
the permit, the permittee shall immediately cease mining operations on the
permit area and shall complete reclamation within a period specified by
the Department, or the Department shall declare as forfeited the performance
bonds for the operation.
(f) Whenever an order is issued under this Section, or as a result of
any administrative proceeding under this Act, at the request of any person,
a sum equal to the aggregate amount of all costs and expenses (including
attorney fees) as determined by the Department to have been reasonably incurred
by such person for or in connection with his participation in such proceedings,
including any judicial review of agency actions, may be assessed against
either party by the court (resulting from judicial review) or the Department
(resulting from administrative proceedings) on the basis of the importance
of the proceeding and the participation of the parties to the efficient
and effective enforcement of this Act.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.08) (from Ch. 96 1/2, par. 7908.08)
Sec. 8.08. 
		Judicial Relief. 
		The Department may request the Attorney General
to institute a civil action for relief, including a temporary restraining
order or a preliminary or permanent injunction, or any other appropriate order
in the circuit court in the county in which the mining and reclamation
operation is located or in which the permittee thereof has his principal
office, whenever such permittee or his agent (a) violates, or fails or refuses
to comply with, any order or decision issued by the Department under this
Act; or (b) interferes with, hinders, or delays the Department or its
authorized representatives in carrying out the provisions of this Act; or
(c) refuses to admit the authorized representative of the Department to the
mining operations or (d) refuses to permit inspection of the mining
operations by such authorized representatives; or (e) refuses to furnish
any information or report requested by the Department in furtherance of the
provisions of this Act; or (f) refuses to permit access to, and copying of,
such records as the Department determines necessary in carrying out the
provisions of this Act. Such court shall have jurisdiction to provide such
relief as may be appropriate. Temporary restraining orders shall be entered
in accordance with law. Any relief granted by the court to enforce an order
under clause (a) of this Section shall continue in effect until the
completion or final termination of all proceedings for review of such order
under this Act, unless, prior thereto, the court granting such relief sets
it aside or modifies it.
(Source: P.A. 84-548.)
(225 ILCS 720/8.09) (from Ch. 96 1/2, par. 7908.09)
Sec. 8.09. 
		Hearings. 
		Any party to a hearing conducted under Sections
2.11 (c), 7.03 (c), 8.04, 8.06 or 8.07 may be represented by counsel, make
oral or written arguments, offer testimony and cross-examine witnesses,
cause the issuance of subpoenas, or take any combination of such actions.
All testimony taken in such hearings shall be recorded stenographically,
and the rules of evidence used in civil actions shall apply.
(Source: P.A. 81-1015.)
(225 ILCS 720/8.10) (from Ch. 96 1/2, par. 7908.10)
Sec. 8.10. 
		Review under Administrative Review Law. 
		
All final administrative decisions of the Department under this Act shall be
subject to judicial review pursuant to the Administrative Review Law, as
amended, and the rules adopted under it, except that the remedies created by
this Act are not excluded or impaired by any provision of the Administrative
Review Law.
(Source: P.A. 90-655, eff. 7-30-98.)