reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.110 - Fire Protection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fire
			 protection; training and organization.
Firefighting facilities and equipment shall be provided
				commensurate with the potential fire hazards at each structure, enclosure and
				other facility (including custom coal preparation) at the mine and the
				employees at such facilities shall be instructed and trained annually in the
				use of such firefighting facilities and equipment.
b) Escape and evacuation; plan.
1) Each operator of a mine shall establish
			 and keep current a specific escape and evacuation plan to be followed in the
			 event of a fire.
2) All employees
			 shall be instructed on current escape and evacuation plans, fire alarm signals,
			 and applicable procedures to be followed in case of fire.
3) Plans for escape and evacuation shall
			 include the designation and proper maintenance of adequate means for exit from
			 all areas where persons are required to work or travel including buildings and
			 equipment and in areas where persons normally congregate during the work
			 shift.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.120 - Mine Maps

Current through Register Vol. 48, No. 28, July 12, 2024
The mine maps required by
				30 CFR
				77.1200,
				77.1201,
				and
				77.1202,
				shall be maintained at the mine, shall be available for inspection by
				authorized representatives of the Department and authorized representatives of
				the miners, and shall be addressed and forwarded to the Department's main
				office in Springfield.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.130 - Explosives and Blasting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Explosives and blasting.
1) Explosives,
			 blasting agents, detonators, or any other related blasting device or material
			 shall be stored, transported, carried, handled, charged, fired, destroyed, or
			 otherwise used, employed or disposed of by any person at a coal mine in
			 accordance with all applicable provisions of existing federal and state
			 statutes and rules, and as prescribed in the following Sections:
2) The term "explosives" as used in this Part
			 includes blasting agents. The standard in this Part in which the term
			 "explosives" appears are applicable to blasting agents unless blasting agents
			 are expressly excluded.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.140 - Man Hoisting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Man
			 hoists and elevators.
The standards set forth in this Section, apply only to those
				hoists, elevators, and cable operated cranes, together with their
				appurtenances, that are used for hoisting men.
b) Automatic controls and brakes.
Hoists and elevators shall be equipped with overspeed,
				overwind, and automatic stop controls, and with brakes capable of stopping the
				hoist or elevator when fully loaded.
c) Rated capacity.
Hoists and elevators shall have rated capacities consistent
				with the loads handled and the recommended safety factors of the ropes and
				cables used.
d) Ropes and
			 cables; specifications.
The American National Standards Institute "Specifications for
				the Use of Wire Ropes for Mines", M 11.1 -1960, or the latest revision thereof,
				shall be used as a guide in the use, selection, installation, and maintenance
				of wire ropes used for hoisting.
e) Maximum load; posting.
The operator shall designate the maximum number of men
				permitted to ride on each hoists or elevator at one time. This limit shall be
				posted on each hoist and elevator and on each landing.
f) Inspection and maintenance.
1) Procedures shall be adopted for the
			 uniform daily inspection of all electric hoists, cages, guides, and other
			 equipment associated with the hoisting and lowering of men. Such examinations
			 shall include, but not be limited to, the following:
A) A visual examination of the rope for wear,
			 broken wires, and corrosion, especially at excessive strain points;
B) An examination of the rope fastenings for
			 defects;
C) An examination of the
			 elevator for loose, missing, or defective parts;
D) An examination of sheaves for broken
			 flanges, defective bearings, rope alignment, and proper lubrication;
			 and
E) An examination of the
			 automatic controls and brakes required under Section
			 220.140(b).
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.150 - Auger Mining

Current through Register Vol. 48, No. 28, July 12, 2024
a) Auger
			 mining; planning.
Auger mining shall be planned and conducted by the operator to
				insure against any hazard to underground workings or future underground
				workings located at or near such auger operations and all auger holes shall be
				located so as to prevent:
1) The
			 disruption of the ventilation system of any active underground mine;
2) Inundation hazards from surface water
			 entering any active underground mine;
3) Damage to the roof and ribs of active
			 underground workings; and
4)
			 Intersection of auger holes with underground mine workings known to contain
			 dangerous quantities of impounded water.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.160 - Loading and Haulage

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loading and
			 haulage; general.
1) Only authorized persons
			 shall be permitted on haulage roads and at loading or dumping
			 locations.
2) Traffic rules,
			 signals, and warning signs shall be standardized at each mine and
			 posted.
3) Where side or overhead
			 clearances on any haulage road or at any loading or dumping location at the
			 mine are hazardous to mine workers, such areas shall be conspicuously marked
			 and warning devices shall be installed when necessary to insure the safety of
			 the workers.
4) All active access
			 and haulage roads will be kept in safe condition, reasonably free of holes,
			 mud, snow, ice, and other dangerous conditions.
5) All two (2)-way haulage roads will be
			 constructed so they will have a running surface a minimum of three (3) times
			 the width of the widest piece of haulage equipment traveling the road,
			 including all ramps and inclines into the pit.
6) When haulage roads cross a road used by
			 the public, two hundred (200) feet of unobstructed vision from the intersection
			 must be maintained for mobile equipment and all other vehicles used by mine
			 personnel. Traffic controls shall be established at the intersection.
7) Where adequate visibility is not provided,
			 and where deemed necessary by a representative of the Department, a signal
			 light shall be installed where a haulage road crosses railroad
			 tracks.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.170 - Miscellaneous

Current through Register Vol. 48, No. 28, July 12, 2024
a) Communication in
			 work areas.
No employee shall be assigned, allowed or required to perform
				work alone in any area where conditions exist that would endanger his safety
				unless he can communicate with other, can be heard, or can or will be seen at
				predetermined intervals.
b)
			 Emergency communications; requirements.
1)
			 Each operator of a surface coal mine shall establish and maintain a
			 communication system from the mine to the nearest point of medical assistance
			 for use in an emergency.
2) The
			 emergency communication system required to be maintained under paragraph (b)(1)
			 of this Section may be established by telephone or radio transmission or by any
			 other means of prompt communication to any facility (for example, the local
			 sheriff, the State Highway Patrol, or local hospital) which has available the
			 means of communication with the person or persons providing emergency medical
			 assistance or transportation in accordance with the provisions of paragraph
			 (b)(1) of this Section.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.180 - Trolley Wires and Trolley Feeder Wires

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cutout switches.
Trolley wires and trolley feeder wires, shall be provided with
				cutout switches at intervals of not more than two thousand (2,000) feet and
				near the beginning of all branch lines.
b) Overcurrent protection.
Trolley wires and trolley feeder wires shall be provided with
				overcurrent protection.
c)
			 Devices for overcurrent protection.
Automatic circuit interrupting devices that will deenergize the
				affected circuit upon occurrence of a short circuit at any point in the system
				will meet the requirements of Section
				220.180(b).
d) Insulation of trolley wires,
			 wires; guarding of trolley wires and trolley feeder wires, and bare signal
			 trolley feeder wires.
1) Trolley wires,
			 trolley feeder wires, and bare signal wires shall be adequately guarded:
A) At all points where men are required to
			 work or pass regularly under the wires; and
B) At man-trip stations.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.190 - Slope and Shaft Sinking

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Slopes and Shafts; approval of plans.
Each operator of a coal mine shall comply with Subpart T,
				Section 77.1900 of the Code of Federal Regulations, Title 30-Mineral Resources,
				and any amendments, additions, and alterations which may be made with respect
				to any Section of such subpart at any time subsequent to the filing of these
				Surface Installation Health and Safety Rules (62 Ill. Adm. Code 220), in
				preparing any slope and shaft sinking plan, and a copy of such approved plan
				shall be furnished to the Illinois Department of Natural Resources (Department)
				for the approval of the Mining Board.
b) Compliance with approved slope and shaft
			 sinking plans.
Upon approval by the Mining Board of a slope or shaft sinking
				plan, the operator shall adopt and comply with same.
c) Preshift and onshift inspections; reports.
1) Examinations of slope and shaft areas
			 shall be made by a certified shaft-slope examiner for hazardous conditions,
			 including tests for methane and oxygen deficiency:
A) Within ninety (90) minutes before each
			 shift;
B) At least once (1) on any
			 shift during which men are employed inside any slope or shaft; and
C) Both before and after blasting.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.200 - Surface Bathing Facilities, Change Rooms and Sanitary Flush Toilet Facilities at Surface Coal Mines

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Bathing facilities; change rooms; sanitary flush toilet facilities.
Each operator of a coal mine shall provide bathing facilities,
				clothing change rooms, and sanitary flush toilet facilities, as hereinafter
				prescribed, for the use of miners employed in the surface installations and at
				the surface worksites of such mine.
b) Location of facilities.
1) Bathhouses, change rooms, and sanitary
			 flush toilet facilities shall be in a location convenient for the use of the
			 miners.
2) All bathhouses shall be
			 constructed to provide at least ten (10) square feet of unobstructed floor
			 space for each employee using the facility at any given time. In the
			 computation of the area to be dedicated to employee floor space, the space
			 taken up by obstructions such as lockers, and clothes baskets, and by common
			 areas such as exit passageways and walkways shall not be included. In that same
			 computation, the space taken up by benches or seats provided for the use of
			 miners may be included. This Section shall apply to all bathhouses constructed
			 or expanded after the effective date of this Section. This Section shall not
			 apply to a bathhouse constructed or expanded after the effective date of this
			 Section, if, and only if, valid contracts for such construction or expansion
			 have been entered prior to the effective date. Evidence of such contracts shall
			 be submitted to the Department prior to the beginning of such construction or
			 expansion and no construction or expansion which fails to meet the requirements
			 of this Section shall commence without the express approval of the
			 Department.
3) Where females are
			 employed, separate facilities shall be provided. These facilities shall meet
			 the requirements of this Section.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.210 - Sanitary Toilet Facilities at Surface Coal Mines

Current through Register Vol. 48, No. 28, July 12, 2024
a) Sanitary toilet facilities at surface
			 worksites; approved sanitary toilets; installation requirements.
1) Each operator of a surface coal mine shall
			 provide and install at least one (1) approved sanitary toilet, together with an
			 adequate supply of toilet tissue, in a location convenient to each surface work
			 site. A single approved sanitary toilet may serve two (2) or more surface
			 worksites in the same surface mine where the sanitary toilet is convenient to
			 each such worksite. Where ten (10) or more miners use such toilet facilities,
			 sufficient toilets shall be furnished to provide approximately one (1) sanitary
			 toilet for each ten (10) miners who use such facility at any particular
			 time.
2) Sanitary toilets which are
			 consistent with the requirements of the Code of Federal Regulations (CFR) for
			 surface installations shall be acceptable to the state.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.220 - Drinking Water

Current through Register Vol. 48, No. 28, July 12, 2024
a) Drinking
			 water; general.
An adequate supply of potable water shall be provided for
				drinking purposes in each surface installation, and at each surface worksite of
				the mine.
b) Drinking
			 water; quality.
1) Potable water provided in
			 accordance with the provisions of Section
			 220.220(a)
			 shall meet all the applicable minimum health requirements for drinking water
			 established by the State of Illinois and the local government in which the mine
			 is located.
2) The Department shall
			 take spot samples of the drinking water from different locations in the mine
			 each month to insure potability.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.15 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 operator of a coal mine in Illinois must follow the requirements of this Part,
			 the Act and 62 Ill. Adm. Code
			 220.230
			 when using permissible explosives in underground coal mines.
b) The Mining Board's approval under 62 Ill.
			 Adm. Code
			 140.10 of a mining plan
			 which includes shooting on shift depends on it meeting the standards of this
			 part.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.20 - Penalty for Misbranding

Current through Register Vol. 48, No. 28, July 12, 2024
Any person, firm, or corporation who shall sell for use in the
				coal mines in this state any permissible explosives not stamped as herein
				required, or who shall knowingly sell for use in coal mines and in this state
				any permissible explosive which is untruthfully branded or stamped, and any
				person, firm, or corporation being a manufacturer of permissible explosives, or
				the agent of any such manufacturer of permissible explosives, who shall sell
				for use in any coal mine in this state any permissible explosive which shall
				not conform to the requirements of the Act shall be guilty of a Class B
				misdemeanor. Section 20.41 of Act (Ill. Rev. Stat. 1985 ch. 961/2, par.
				2041)
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.35 - Storage in General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Smoking,
			 matches, open flames, and spark producing devices are forbidden:
1) in any magazine;
2) within up to fifty feet of any outdoor
			 magazine; or
3) with any room
			 containing an indoor magazine.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.40 - Transportation of Permissible Explosives from Surface to Section Magazines

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
			 transporting permissible explosives underground or transporting electric
			 detonators underground must transport them in locked, acceptable
			 container.
b) Permissible
			 explosives and/or electric detonators may not be transported in the same
			 transportation vehicle with tools, supplies, or more than three
			 people.
c) If permissible
			 explosives and detonators are transported in the same acceptable container then
			 the permissible explosives and detonators shall be separated by at least a four
			 inch partition made of nonsparking material.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.45 - Storage of Permissible Explosives Underground

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in Subsection (f) of
			 this Section permissible explosives must be stored underground in a section
			 magazine.
b) The section magazine
			 must be on the return air side of the section and placed in a crosscut or idle
			 room neck a minimum of ten (10) feet from the roadway.
c) The area around the section magazine must:
1) be barricaded to prevent any machinery or
			 person, other than a shot firer, a mine manager, or the section foreman from
			 entering the area;
2) be
			 dry;
3) be rockdusted to meet the
			 requirements of Section 24.05 and 24.06 of the Act (Ill. Rev. Stat. 1985 ch.
			 961/2, pars. 2405, 2406)
4) be free
			 of combustible material; and
5)
			 have temporary roof supports installed at each corner.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.47 - Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the beginning
			 of each shift, the shot firer must record the quantity of:
1) permissible explosives; and
2) electric detonators
stored in that section magazine.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.50 - Preparation

Current through Register Vol. 48, No. 28, July 12, 2024
a) At no time shall
			 more than hundred (100) pounds of permissible explosives be removed from a
			 section magazine.
b) A shot firer
			 may have only up to twenty-five (25) pounds of permissible explosives and
			 electric detonators in the shot firer's possession at any one time.
c) Only nonsparking tools shall be used for
			 opening permissible explosives containers.
d) When entering the face area to be blasted,
			 the shot firer must:
1) visually examine the
			 roof and ribs pursuant to Sections 13.04, 30.04, 30.05 of the Act (Ill. Rev.
			 Stat. 1985 ch. 961/2, pars. 1304, 3004, 3005);
2) check for methane pursuant to Sections
			 31.04 of the Act (Ill. Rev. Stat. 1985 ch. 961/2, par. 3104);
3) clean the boreholes; and
4) inspect the boreholes to see that they
			 are:
A) of correct depth in relation to the
			 cut and
B) properly
			 placed.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.55 - Shooting

Current through Register Vol. 48, No. 28, July 12, 2024
a) The shot firer
			 may fire only twenty (20) shots in any given blast at the working face. The
			 shot firer may blast only two (2) working faces per blast.
b) The shot firer may only use one kind of
			 permissible explosive or detonator in the same drill hole.
c) After the shot firer loads all the
			 boreholes, the shot firer must:
1) remove all
			 unused permissible explosives or unused electric detonators from face;
			 and
2) store the unused permissible
			 explosives or unused electric detonators in accordance with Sections
			 225.45(f)
			 and
			 225.45(g)
			 on storing permissible explosives underground.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.60 - Misfires

Current through Register Vol. 48, No. 28, July 12, 2024
The following apply only in the event of a misfire:
a) The shot firer must summon the shot
			 firer's immediate supervisor.
b)
			 The shot firer must wait five (5) minutes after the blast before attempting to
			 handle the misfire.
c) The shot
			 firer, in the presence of the shot firer's immediate supervisor, then must:
1) disconnect the blasting cable from the
			 source of power and
2)
			 short-circuit (shunt) the battery end before the shot firer and shot firer's
			 immediate supervisor examine the electric connections.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.70 - Ventilation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The quantity of
			 air reaching the last open crosscut in any set of entries must be greater than
			 or equal to 9,000 cubic feet per minute; if diesel equipment is used, then the
			 quantity of air reaching the last cross-cut must meet the standards of 62 Ill.
			 Adm. Code
			 220.230(g)(3).
b) In any working face where coal is being
			 penetrated or loaded as a result of permissible explosives, the air sweeping
			 the work face must be greater than or equal to 3,000 cubic feet per minute at
			 all times persons are working at the face.
Illinois Administrative Code › Title 62 - MINING › Part 225 - USE OF PERMISSIBLE EXPLOSIVES IN UNDERGROUND COAL MINES › Section 225.80 - Certification and Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before
			 performing any duties as a shot firer, a person must have received training and
			 certification from the Mining Board.
b) The Department will issue temporary
			 certificates valid for one year or until the next available examination is held
			 by the Mining Board, which ever comes first
1)
			 for a person who is certified as a shot firer in another state to use
			 permissible explosives underground to break down coal; or
2) for a person whom a Department
			 representative has trained in the use and care of permissible
			 explosives.
Illinois Administrative Code › Title 62 - MINING › Part 230 - PROCEDURE FOR CONDUCTING EXAMINATIONS OF PERSONS SEEKING CERTIFICATES OF COMPETENCY › Section 230.20 - Procedure for Conducting Examinations Other than the Semi-Annual Mining Board Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Candidates seeking Certificates of Competency as Surface Mine
			 Supervisor, General Surface Supervisor, Independent Contractor Supervisor,
			 Shaft-Slope Examiner and Shaft-Slope Supervisor can take an examination
			 administered by the Department at times other than at the semi-annual Mining
			 Board Examinations.
b)
Candidates shall obtain from the Department an application and must
			 meet the eligibility requirements for the Certificate of
			 Competency.
c)
Candidates shall schedule to attend a class conducted by Department
			 personnel prior to taking the examination. The class and examination can be
			 conducted on the same day. Classes are optional and a candidate may take the
			 examination without class attendance.
d)
A Certificate of Competency is
			 considered temporary for 30 days following an examination. A list of candidates
			 passing the exam and receiving a Certificate of Competency will be posted at
			 mines throughout the State during the 30 day posting period to permit filing
			 objections concerning the qualifications of a candidate who is listed as
			 receiving a Certificate of Competency. After the posting period is complete and
			 no objection is filed, the candidate's Certificate of Competency will become
			 permanent (see 225 ILCS 705 -3.07).
Illinois Administrative Code › Title 62 - MINING › Part 230 - PROCEDURE FOR CONDUCTING EXAMINATIONS OF PERSONS SEEKING CERTIFICATES OF COMPETENCY › Section 230.30 - Fees for Certificates of Competency

Current through Register Vol. 48, No. 28, July 12, 2024
The following fees shall be paid to the Department for
				administration of certificate examinations and are non-refundable.
a) Applicants shall submit, along with the
			 application, the following fee for each examination.
Certificate of Competency
Fee
State Mine Inspector
$50
Mine Manager
$50
Mine Examiner
$50
Electrical Hoisting Engineer
$50
General Surface Supervisor
$50
Independent Contractor Supervisor
$50
Shaft-Slope Supervisor
$50
Shaft-Slope Examiner
$50
Surface Mine Supervisor
$50
Shot Firer
$50
First Class
$50
Shaft-Slope Worker
$50
Crane Hoist Operator
$50
Mine Electrician
$50
b) The
			 fee for a temporary Certificate of Competency is $50.
c) The fee for annual renewal of Mine
			 Electrician certification is $25.
Illinois Administrative Code › Title 62 - MINING › Part 230 - PROCEDURE FOR CONDUCTING EXAMINATIONS OF PERSONS SEEKING CERTIFICATES OF COMPETENCY › Section 230.40 - Procedure for Conducting Mine Electrician Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Candidates seeking Certificates of
			 Competency as Mine Electricians must complete an application provided by the
			 Department and provide evidence of at least one year of experience in
			 performing electrical work in a coal mine or acceptable related industry and
			 pass an Illinois Mine Electrical Examination.
1) Evidence of experience must include
			 details of electrical work, including but not limited to: dates of work, work
			 performed and types of equipment upon which electrical work was conducted and
			 the names of persons supervising the work.
2) An acceptable related industry can be one
			 of the following: a non-coal mine, mine equipment manufacturing industry or any
			 other industry using or manufacturing similar equipment.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.125 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except for
				notices of noncompliance issued under Section
				240.140 and
				Director's decisions issued under Section
				240.160,
				whenever the Department is required by the Act or this Part to serve notice
				upon a permittee, the Department shall give written notice to that person,
				personally or by certified mail with return receipt requested, sent to the
				address submitted by permittee as set forth in Section
				240.1710.
Permittees shall sign certified mail returned receipts for all mail
				received from the Department.
(Section 9.1(b) of the Act)
b) Notice by Publication
1)
If notice sent by certified mail
				is returned unsigned or undelivered, and upon due inquiry, the permittee cannot
				be found for personal delivery, the Department shall provide written notice of
				a hearing or other proceeding by a single publication of the notice in a
				newspaper published in the county where the well or wells at issue are
				located
. (Section 9.1(c) of the Act)
2)
If there is no newspaper published
				in that county, then the publication shall be in a newspaper published in an
				adjoining county in this State having a circulation in the county where the
				well or wells are located.
(Section 9.1(c) of the Act)
3)
The Department shall, within 10
				days after the publication of the newspaper notice, send a copy of the
				notice,
by certified mail with return receipt requested, to the
				address submitted by the permittee as set forth in Section 240.1710. (Section
				9.1(c) of the Act)
4)
The
				certificate of an authorized representative of the Department that newspaper
				notice was published and that a copy of the newspaper notice has been sent to
				the permittee pursuant to subsection
(b)(3)
is evidence that
				the Department has properly provided notice to the permittee for the hearing or
				other proceeding.
(Section 9.1(c) of the Act)
5)
Any notice required to be provided
				to a permittee under the Act or this Part shall include the identification of
				the well or wells at issue, the date, time, place and nature of the hearing or
				other proceeding, and the name and contact information of the Department where
				additional information can be obtained.
(Section 9.1(d) of the
				Act)
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.132 - Integration Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Commencement of Action
When the oil or gas rights within a drilling unit are
				  separately owned and the owners of those rights have not voluntarily agreed to
				  integrate or pool those rights to develop the oil or gas, an owner may petition
				  the Department for an order integrating those rights, pursuant to Section 22.2
				  of the Act. The petition for an order integrating interests shall contain the
				  following:
1) The name and address of
				the petitioner;
2) The petitioner's
				reasons for desiring to integrate the separately owned interests;
3) A legal land description of the drilling
				unit sought to be established;
4) A
				geologic report of the area where the proposed drilling unit is to be located,
				indicating the potential presence of reservoirs;
5) A description of the interest owned by the
				petitioner and each person named in the petition;
6) The names of all persons who have not
				agreed to integrate their interests owning or having an interest in the oil and
				gas rights in the proposed drilling unit as of the date of filing the petition,
				as disclosed by the records in the office of the recorder for the county or
				counties in which the drilling unit is situated, and their addresses, if known.
				If the address of any person is unknown, the petition shall so
				indicate;
7) A statement that the
				owners have not agreed to integrate their interests;
8) A statement that the petitioner has
				exercised due diligence to locate each owner and that a bona fide effort was
				made to reach an agreement with each owner as to how the unit would be
				developed;
9) A statement that no
				action has been commenced by the owners seeking permission to drill pursuant to
				the provisions of the Oil and Gas Rights Act [765 ILCS 520 ];
10) Any other information relevant to protect
				correlative rights of the parties sought to be affected by the order.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.133 - Hearings to Establish Pool-Wide Drilling Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) Commencement of Action
1) Any interested person may petition the
				Department for a hearing to establish a drilling unit or units for the
				production of oil and gas or either of them for each pool to which the
				interested person owns some portion of the oil and gas. (Section 21.1 of the
				Act)
2) The petition for hearing to
				establish a drilling unit or units shall contain the following:
A) The name and address of the
				petitioner;
B) A legal description
				of the size of the drilling unit sought to be established;
C) A legal description of the extent of the
				reservoir to which the drilling unit or units are sought to be
				established;
D) A list of the names
				and addresses of all permittees of oil or gas interests in the
				reservoir;
E) A geologic
				description of the pool and an isopach and structure map of the reservoir, for
				which the drilling unit is sought showing the productive limits of the
				reservoir;
F) A plat showing all
				oil and gas or water injection or storage wells completed within the pool
				(reservoir);
G) Geologic and
				engineering reports outlining the reasons for and data supporting the proposed
				size of the drilling unit or units.
3) If the establishment of a drilling unit or
				units would require the integration of separately owned interests in the
				drilling unit or units, the petitioner may contemporaneously file a petition
				under Section
				240.132 and
				the matters shall then be consolidated and heard together.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.134 - Lease Validation Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following definitions are applicable to this Subpart:
"Current Permittee" means the permittee of record for wells
				  located within the prior oil and gas leases.
"New Oil and Gas Leases" means recorded operative oil and gas
				  lease instruments or assignments of those oil and gas leases or recorded after
				  the prior oil and gas leases, submitted by the proposed permittee in support of
				  an application for a permit to operate, drill, deepen, transfer, amend or
				  convert to a well subject to this Part and describing all or a portion of the
				  lands described in the prior oil and gas leases.
"Prior Oil and Gas Leases" means recorded oil and gas lease
				  instruments or assignments of those oil and gas leases in place when the
				  Department granted the current permittee a permit to operate, drill, deepen,
				  transfer, amend or convert to a well subject to this Part on the lands covered
				  by the prior oil and gas leases.
"Proposed Permittee" means the person seeking to obtain a new
				  permit to operate, drill, deepen, transfer, amend or convert to a well subject
				  to this Part that is located on lands covered by prior oil and gas leases upon
				  which a current permittee was previously granted a permit by the
				  Department.
b) Petition
A proposed permittee seeking a permit to operate, drill,
				  deepen, transfer, amend or convert to a well subject to this Part that is
				  located on lands subject to a prior oil and gas lease or leases under which the
				  current permittee was previously granted a permit by the Department may submit
				  a petition requesting the Department to determine whether the new oil and gas
				  leases submitted by the proposed permittee in support of the permit application
				  are operative on the basis that the prior oil and gas leases covering the same
				  lands have terminated due to nondevelopment or nonproduction.
c) Contents of the petition shall include:
1) the name and address of the proposed
				permittee;
2) the proposed
				permittee's reason for requesting a determination from the
				Department;
3) a copy of prior oil
				and gas leases at issue;
4) a copy
				of new oil and gas leases at issue; and
5) a copy of an
affidavit of
				nondevelopment or nonproduction
signed by the mineral owners or other
knowledgeable individuals familiar with the history of development and
				production of oil or gas as to
the
lands
(Section 6.2
				of the Act) covered by the prior oil and gas leases, and properly recorded in
				the county where the lands subject to the new oil and gas leases are
				located.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.135 - Falsification or Misstatement of Information

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall falsify
or make a material
				  misrepresentation
on or relative to any application, permit, required
				  record, or other document required to be submitted to the Department
by the Act or this Part. (Section 8d of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.150 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
When an inspector or other authorized employee or agent of the
				Department determines that any permittee, or any person engaged in conduct or
				activities required to be permitted under the Act is in violation of any
				requirement of the Act or
this Part
or any permit condition,
				or has falsified or otherwise misstated any information on or relative to the
				permit application, a notice of violation shall be completed and delivered to
				the Director
(Section 8 of the Act). If the inspector or other
				authorized employee or agent of the Department observes conditions that require
				immediate attention, the inspector shall comply with the requirements of
				Section
				240.185.
b) The notice of violation shall contain:
1) A statement regarding the nature of the
				violation, including a citation to the specific Section of the Department's
				rules or Section of the Act alleged to have been violated;
2)
The action needed to abate the
				violation, including any appropriate remedial measures to prevent future
				violations, such as replacement, repair, testing, and reworking a well and any
				appurtenances and equipment;
3)
The time within which the
				violation is to be abated
; and
4)
Any factors known to the person
				completing the notice of violation in aggravation or mitigation of the
				violation and the existence of any factors indicating that the permit should be
				conditioned or modified.
(Section 8 of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.155 - Civil Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may elect to file an action with the Attorney General with or
				without issuing a notice of violation pursuant to Section
				240.150.
b) In accordance with Section 11 of the Act,
				the Department through the Attorney General shall bring an action in the name
				of the People of the State of Illinois against such person in the circuit court
				of the county wherein any part of the land or any activity which is the subject
				matter of such action is located, or a final administrative order was entered,
				to restrain such person from continuing such violation or from carrying out the
				threat of violation. In such action the Department, in the name of the People
				of the State of Illinois, may obtain such injunctions, prohibitory and
				mandatory, including temporary restraining orders and preliminary injunctions,
				or other enforcement orders as the facts may warrant, including but not limited
				to:
1) an assessment of civil penalties not
				to exceed $1,000 per day for each and every act of violation documented in the
				previous 2 years; and/or
2)
				submission of a bond in accordance with Subpart O; and/or
3) denial of new drilling and/or operating
				permits.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.160 - Director's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receipt of a notice of violation, the Director shall conduct an investigation
				and may affirm, vacate or modify the notice of violation. In determining
				whether to take action in addition to remedial action necessary to abate a
				violation, the Director shall consider:
1)
the person's or permittee's history of previous violations, including
				violations at other locations and under other permits.
A) A violation for which no penalty has been
				assessed shall not be counted if the Director's Decision associated with the
				violation is the subject of pending administrative review by the Department
				under Section
				240.180
				or if the time to request a review has not expired, and thereafter it shall be
				counted for only two years after the date of the Department's final
				administrative order or a final judicial decision affirming the Department's
				order, if administrative review of the Department's final administrative order
				is sought.
B) A violation for which
				a penalty has been assessed shall not be counted if the Director's Decision
				associated with the violation is the subject of pending administrative review
				by the Department under Section
				240.180
				or if the time to request a review has not expired, and thereafter it shall be
				counted for only three years after the date of the Department's final
				administrative order or a final judicial decision affirming the Department's
				order, if administrative review of the Department's final administrative order
				is sought.
C) No violation for
				which the notice of violation has been vacated shall be counted;
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.180 - Enforcement Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A person or permittee shall have 30 days from the date of service of
				the Director's decision
to request a hearing.
(Section
				8a of the Act) A person or permittee seeking to contest any Director's decision
				in which a civil penalty has been assessed shall submit the assessed amount to
				the Department, by cashier's check or money order, together with a timely
				request for hearing. The assessed amount shall be deposited by the Department
				pending the outcome of the hearing. The assessed amount shall be refunded to
				the person or permittee at the conclusion of the hearing if the Department does
				not prevail. All requests for hearing shall be mailed or delivered to the
				Department's office located in Springfield, Illinois.
b)
Upon receipt of a request
for hearing submitted in accordance with subsection (a),
the Department
				shall provide an opportunity for a formal hearing upon not less than 5
				days
written notice mailed to the permittee or person submitting the
				hearing request. (Section 8a of the Act) The hearing shall be conducted by a
				Hearing Officer designated by the Director and shall be conducted in accordance
				with the following procedures:
1) Pre-Hearing
				Conference
A) A pre-hearing conference shall
				be scheduled within 30 days after the request for hearing:
i) to define the factual and legal issues to
				be litigated at the administrative hearing;
ii) to determine the timing and scope of
				discovery available to the parties;
iii) to set a date for the parties to
				exchange all documents they intend to introduce into evidence during the
				hearing, a list of all witnesses the parties intend to have testify and a
				summary of the testimony of each witness;
iv) to schedule a date for the administrative
				hearing; and
v) to arrive at an
				equitable settlement of the hearing request, if possible.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.195 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party to
				proceedings brought under Sections
				240.130,
				240.131,
				240.132,
				240.133240.180 and
				240.190
				of this Part may apply for subpoenas to compel the attendance of witnesses and
				the production of relevant documents.
b) The applicant shall submit the subpoena
				request to the Department's hearing officer. The subpoena request shall
				specifically identify the witness or relevant documents sought to be
				produced.
c) The hearing officer
				shall issue subpoenas within 7 calendar days from receipts of a request made in
				accordance with subsection (b) above and deliver the subpoena to the Petitioner
				who shall serve all subpoenas issued by certified mail, return receipt
				requested, at least 7 days before the date set for the hearing. Any witness
				shall respond to any lawful subpoena of which he has actual knowledge, if a
				voucher for payment of the witness fee and mileage applicable in the State
				circuit courts has been tendered. Service of a subpoena may be proved prima
				facie by a return receipt signed by the witness or his authorized agent and an
				affidavit showing that the mailing was prepaid and was addressed to the
				witness, restricted delivery, with a State voucher for the fee and mileage
				enclosed.
d) Any person served with
				a subpoena under this Section may file with the hearing officer, and serve on
				all parties, a motion for an order quashing the subpoena, in whole or in part.
				All motions to quash filed under this subsection shall set forth a factual
				and/or legal basis for granting such relief.
e) The hearing officer shall issue, and serve
				on all parties, a decision granting or denying the motion to quash within 7
				calendar days from receipt of the motion.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart B - PERMIT APPLICATION PROCEDURES FOR PRODUCTION WELLS › Section 240.200 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Subpart apply to production wells. As
				  used in this Subpart "production well" means a well drilled for the production
				  of oil or gas, or a well drilled for a water supply for use in connection with
				  an enhanced oil recovery project.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart B - PERMIT APPLICATION PROCEDURES FOR PRODUCTION WELLS › Section 240.210 - Application for Permit to Drill, Deepen or Convert to a Production Well

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person
				shall drill, deepen or convert any well to a production well without a permit
				from the Department.
b) Application
				for a permit to drill, deepen or convert to a production well shall be made on
				forms prescribed by the Department. The application shall be executed under
				penalties of perjury, and accompanied by the non-refundable fee of $300 and the
				required bond under Subpart O.
c)
				If the application does not contain all of the required information or
				documents, the Department shall notify the applicant in writing. The
				notification shall specify the additional information or documents necessary to
				an evaluation of the application, and shall advise the applicant that the
				application will be deemed denied unless the information or documents are
				submitted within 60 days following the date of notification.
d)
Any well for which a permit is
				required under the Act, other than a plugged well, which was drilled prior to
				the effective date of the Act and for which no permit has previously been
				issued, is required to be permitted.
Application for a permit shall be
				made on forms prescribed by the Department. The application shall be executed
				under penalties of perjury, and accompanied by the required bond under Subpart
				O and existing well construction information reported on Department forms. If
				application is made on or before August 14, 1991, no permit fee is required. An
				application made after that date shall be accompanied by the non-refundable fee
				of $300.
Spacing requirements and provisions of the Act and these rules
				pertaining to well construction shall not apply. After
August 14,
				1991,
any unpermitted well to which this
Subpart
applies will be deemed to be operating without a permit and subject to
				the penalties set forth in
the
Act
. (Section 12 of
				the Act)