reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.19 - Underground Development Waste

Current through Register Vol. 48, No. 28, July 12, 2024
Each plan shall contain descriptions, including appropriate
				maps and cross-section drawings of the proposed disposal methods and sites for
				placing underground development waste and excess spoil generated at surface
				areas affected by surface operations and facilities, according to 62 Ill. Adm.
				Code
				1817.71
				through
				1817.74.
				Each plan shall describe the geo-technical investigation, design, construction,
				operation, maintenance and removal, if appropriate, of the structures and be
				prepared according to 62 Ill. Adm. Code
				1780.35.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.20 - Subsidence Control Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Pre-subsidence survey. Each application must include:
1) A map of the permit, shadow and adjacent
			 areas at a scale of 1:12,000, or larger if determined necessary by the
			 Department, showing the location and type of structures and renewable resource
			 lands that subsidence may materially damage or for which the value of
			 reasonably foreseeable use may be diminished by subsidence, and showing the
			 location, depth and type of drinking, domestic, and residential water supplies
			 that could be contaminated, diminished, or interrupted by subsidence.
2) A narrative indicating whether subsidence,
			 if it occurred, could cause material damage to or diminish the value or
			 reasonably foreseeable use of such structures or renewable resource lands or
			 could contaminate, diminish, or interrupt drinking, domestic, or residential
			 water supplies.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.21 - Fish and Wildlife Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Resource information. Each application shall include fish and wildlife resource
			 information for the permit area and adjacent area.
1) The scope and level of detail for such
			 information shall be determined by the Department in consultation with State
			 and Federal agencies with responsibilities for fish and wildlife and shall be
			 sufficient to design the protection and enhancement plan required under
			 subsection (b).
A) Prior to intiating such
			 studies, the applicant shall contact the Department to determine, in accordance
			 with subsection (B), what fish and wildlife resources information will be
			 required.
B) The Department shall
			 determine the level of detail and the areas of such studies according to:
i) Published data and other pertinent
			 unpublished information;
ii)
			 Site-specific information obtained by the applicant; and
iii) Written guidance obtained from agencies
			 consulted.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.22 - Geologic Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 application shall include geologic information in sufficient detail to assist
			 in:
1) Determining the probable hydrologic
			 consequences of the operation upon the quality and quantity of surface and
			 ground water in the permit, shadow and adjacent areas, including the extent to
			 which surface and ground water monitoring is necessary;
2) Determining all potentially acid- or
			 toxic-forming strata down to and including the stratum immediately below the
			 lowest coal seam to be mined;
3)
			 Determining whether required reclamation can be accomplished and whether the
			 proposed operation has been designed to prevent material damage to the
			 hydrologic balance outside the permit area; and
4) Preparing the subsidence control plan
			 under 62 Ill. Adm. Code
			 1784.20.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.23 - Operation Plan: Maps and Plans

Current through Register Vol. 48, No. 28, July 12, 2024
Each application shall contain maps, plans, and cross-sections
				of the proposed permit and adjacent areas as follows:
a) The maps, plans and cross-sections shall
			 show the underground mining activities to be conducted, the lands to be
			 affected throughout the operations, and any change in a facility or feature to
			 be caused by the proposed operations, if the facility or feature was shown
			 under 62 Ill. Adm. Code
			 1783.24
			 and
			 1783.25;
b) The following shall be shown for the
			 proposed permit area:
1) Buildings, utility
			 corridors, and facilities to be used;
2) The area of land to be affected within the
			 proposed permit area, according to the sequence of mining and
			 reclamation;
3) Each area of land
			 for which a performance bond or other equivalent guarantee will be posted under
			 62 Ill. Adm. Code 1800;
4) Each
			 coal storage, cleaning, and loading area;
5) Each topsoil, spoil, coal preparation
			 waste, underground development waste, and noncoal waste storage area;
6) Each water diversion, collection,
			 conveyance, treatment, storage, and discharge facility to be used;
7) Each source of waste and each waste
			 disposal facility relating to coal processing or pollution control;
8) Each facility to be used to protect and
			 enhance fish and wildlife related environmental values;
9) Each explosive storage and handling
			 facility;
10) Location of each
			 sedimentation pond, permanent water impoundment, coal processing waste bank,
			 and coal processing waste dam and embankment, in accordance with Section
			 1784.16
			 and disposal areas for underground development waste and excess spoil, in
			 accordance with Section
			 1784.19;
11) Each profile, at cross-sections specified
			 by the Department, of the anticipated final surface configuration to be
			 achieved for the affected areas;
12) Location of each water and subsidence
			 monitoring point; and
13) Location
			 of each facility that will remain on the proposed permit area as a permanent
			 feature, after the completion of underground mining activities.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.24 - Transportation Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 application shall contain a detailed description of each road, conveyor, and
			 rail system to be constructed, used, or maintained within the proposed permit
			 area. The description shall include a map, appropriate cross-sections, and the
			 following:
1) Specifications for each road
			 width, road gradient, road surface, road cut, fill embankment, culvert, bridge,
			 drainage ditch, and drainage structure;
2) A report of appropriate geotechnical
			 analysis, where approval of the Department is required for alternative
			 specifications or for steep cut slopes under 62 Ill. Adm. Code
			 1817.150;
3) A description of each measure to be taken
			 to obtain approval of the Department for alteration or relocation of a natural
			 drainageway under 62 Ill. Adm. Code 1817.150;
4) A description of measures, other than use
			 of a rock headwall, to be taken to protect the inlet end of a ditch relief
			 culvert, for approval by the Department under 62 Ill. Adm. Code
			 1817.150;
5) The drawings and
			 specifications for each proposed ford of a perennial or intermittent stream
			 that is used as a temporary route, as necessary for approval of the ford by the
			 Department in accordance with 62 Ill. Adm. Code
			 1817.151(c)(2);
6) A general description of each road,
			 conveyor, or rail system to be constructed, used, or maintained within the
			 proposed permit area;
7) A
			 description of the plans to remove and reclaim each road that would not be
			 retained under an approved post-mining land use, and the schedule for this
			 removal and reclamation.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.25 - Return of Coal Processing Waste to Abandoned Underground Workings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each plan shall
			 describe the design, operation, and maintenance of any proposed coal processing
			 waste disposal facility, including flow diagrams and any other necessary
			 drawings and maps for the approval of the Department and MSHA under 62 Ill.
			 Adm. Code
			 1817.81(f).
b) Each plan shall describe the source and
			 quality of waste to be stowed, area to be backfilled, percent of the mine void
			 to be filled, method of constructing underground retaining walls, influence of
			 the backfilling operation on active underground mine operations, surface area
			 to be supported by the backfill, and the anticipated occurrence of surface
			 effects following backfilling.
c)
			 The applicant shall describe the source of the hydraulic transport mediums,
			 method of dewatering the placed backfill, retainment of water underground,
			 treatment of water if released to surface streams, and the effect on the
			 hydrologic regime.
d) The plan
			 shall describe each permanent monitoring well to be located in the backfilled
			 area, the stratum underlying the mined coal, and gradient from the backfilled
			 area.
e) The requirements of
			 subsections (a), (b), (c), and (d) shall also apply to pneumatic backfilling
			 operations, except where the operations are exempted by the Department from
			 requirements specifying hydrologic monitoring.
f) This plan is required only if the
			 applicant intends to return coal processing wastes to abandoned underground
			 workings.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.26 - Air Pollution Control Plan

Current through Register Vol. 48, No. 28, July 12, 2024
For all surface operations associated with underground mining
				activities, the application shall contain a plan for fugitive dust control
				practices, as required under 62 Ill. Adm. Code
				1817.95.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.29 - Diversions

Current through Register Vol. 48, No. 28, July 12, 2024
Each application shall contain descriptions, including maps and
				cross-sections, of stream channel diversions and other diversions to be
				constructed within the proposed permit area to achieve compliance with 62 Ill.
				Adm. Code
				1817.43.
Illinois Administrative Code › Title 62 - MINING › Part 1784 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 1784.30 - Support Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
Each applicant for an underground coal mining and reclamation
				operations permit shall submit a description, plans, and drawings for each
				support facility to be constructed, used, or maintained within the proposed
				permit area. The plans and drawings shall include a map, appropriate cross
				sections, design drawings, and specifications sufficient to demonstrate
				compliance with 62 Ill. Adm. Code
				1817.181 for
				each facility.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the minimum requirements for regulatory
				program provisions for permits for certain categories of surface coal mining
				and reclamation operations. These requirements are in addition to the general
				permit requirements contained in 62 Ill. Adm. Code 1770 through 1795. All of
				the provisions of 62 Ill. Adm. Code 1770 through 1795 apply to these
				operations, unless otherwise specifically provided in this
				Part.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.2 - Objective

Current through Register Vol. 48, No. 28, July 12, 2024
The objective of this Part is to ensure that permits are issued
				for certain categories of surface coal mining and reclamation operations only
				after the Department receives information that shows that these operations will
				be conducted according to the applicable requirements of the Surface Mining
				Control and Reclamation Act (
				30 U.S.C.
				1257 and
				1258
				), 62 Ill. Adm. Code 1815 through 1828, and applicable regulatory
				programs.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.13 - Experimental Practices Mining

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Experimental practices provide a variance from environmental protection
			 performance standards of the Surface Coal Mining Land Conservation and
			 Reclamation Act (State Act) [225 ILCS 720 ], 62 Ill. Adm. Code 1810 through
			 1828 and the regulatory program for experimental or research purposes, or to
			 allow an alternative post-mining land use, and may be undertaken if they are
			 approved by the Illinois Department of Natural Resources (Department) and the
			 Director of the Office of Surface Mining Reclamation and Enforcement (Federal
			 Director) and if they are incorporated into a permit or permit revision issued
			 in accordance with the requirements of 62 Ill. Adm. Code 1772 through
			 1774.
b) An application for an
			 experimental practice shall contain descriptions, maps, plans and data which
			 show:
1) The nature of the experimental
			 practice, including a description of the performance standards for which
			 variances are requested, the duration of the experimental practice, and any
			 special monitoring which will be conducted;
2) How use of the experimental practice
			 encourages advances in mining and reclamation technology or allows a
			 post-mining land use for industrial, agricultural, commercial, residential, or
			 public use (including recreation facilities) on an experimental
			 basis;
3) That the experimental
			 practice:
A) Is potentially more, or at least
			 as, environmentally protective, during and after mining operations, as would
			 otherwise be required by standards promulgated under 62 Ill. Adm. Code 1810
			 through 1828; and
B) Will not
			 reduce the protection afforded public health and safety below that provided by
			 the requirements of 62 Ill. Adm. Code 1810 through 1828.
4) That the applicant will conduct monitoring
			 of the effects of the experimental practice. The monitoring program shall
			 ensure the collection, analysis, and reporting of reliable data that are
			 sufficient to enable the Department and the Federal Director to:
A) Evaluate the effectiveness of the
			 experimental practice; and
B)
			 Identify, at the earliest possible time, potential risk to the environment and
			 public health and safety which may be caused by the experimental practice
			 during and after mining.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.14 - Mountaintop Removal Mining

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Section applies to any person who conducts or intends to conduct surface
			 mining activities by mountaintop removal mining.
b) Mountaintop removal mining means surface
			 mining activities, where the mining operation removes an entire coal seam or
			 seams running through the upper fraction of a mountain, ridge, or hill, except
			 as provided for in 62 Ill. Adm. Code
			 1824.11(f),
			 by removing substantially all of the overburden off the bench and creating a
			 level plateau or a gently rolling contour, with no highwalls remaining, and
			 capable of supporting post-mining land uses in accordance with the requirements
			 of this Section.
c) The Department
			 may issue a permit for mountaintop removal mining, without regard to the
			 requirements of 62 Ill. Adm. Code
			 1816.102,
			 1816.104,
			 1816.105
			 and
			 1816.107
			 to restore the lands disturbed by such mining to their approximate original
			 contour, if it first finds, in writing, on the basis of a complete application,
			 that the following requirements are met:
1)
			 The proposed post-mining land use of the lands to be affected will be an
			 industrial, commercial, agricultural, residential, or public facility
			 (including recreational facilities) use and, if:
A) After consultation with the appropriate
			 land use planning agencies, if any, the proposed land use is deemed by the
			 Department to constitute an equal or better economic or public use of the
			 affected land compared with the premining use;
B) The applicant demonstrates compliance with
			 the requirements for acceptable alternative post-mining land capability of 62
			 Ill. Adm. Code
			 1816.133;
C) The proposed use would be compatible with
			 adjacent land uses and existing State and local land use plans and programs;
			 and
D) The Department has provided,
			 in writing, an opportunity of not more than sixty (60) days to review and
			 comment on such proposed use to the governing body of general purpose
			 government in whose jurisdiction the land is located and any State or Federal
			 agency which the Department determines to have an interest in the proposed
			 use.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.15 - Steep Slope Mining

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
			 applies to any persons who conducts or intends to conduct steep slope surface
			 coal mining and reclamation operations, except:
1) Where an operator proposes to conduct
			 surface coal mining and reclamation operations on flat or gently rolling
			 terrain, leaving a plain or predominantly flat area, but on which an occasional
			 steep slope is encountered as the mining proceeds;
2) Where a person obtains a permit under the
			 provisions of Section
			 1785.14;
			 or
3) To the extent that a person
			 obtains a permit incorporating a variance under Section
			 1785.16.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.16 - Permits Incorporating Variances From Approximate Original Contour Restoration Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may issue a permit for nonmountaintop removal steep slope mining
			 which includes a variance from the requirements of 62 Ill. Adm. Code
			 1816.102,
			 1816.104,
			 1816.105,
			 and
			 1816.107
			 or
			 1817.102
			 and
			 1817.107
			 to restore the disturbed areas to their approximate original contour. The
			 permit may contain such a variance only if the Department finds, in writing,
			 that the applicant has demonstrated, on the basis of a complete application,
			 that the following requirements are met:
1)
			 After reclamation, the lands to be affected by the variance within the permit
			 area will be suitable for an industrial, commercial, residential, or public
			 post-mining land use (including recreational facilities).
2) The requirements of 62 Ill. Adm. Code
			 1816.133
			 or
			 1817.133
			 will be met.
3) The watershed of
			 lands within the proposed permit and adjacent areas will be improved by the
			 operations when compared with the condition of the watershed before mining or
			 with its condition if the approximate original contour were to be restored. The
			 watershed will be deemed improved only if:
A)
			 The amount of total suspended solids or other pollutants discharged to ground
			 or surface water from the permit area will be reduced, so as to improve the
			 public or private uses or the ecology of such water, or flood hazards within
			 the watershed containing the permit area will be reduced by reduction of the
			 peak flow discharge from precipitation events or thaws;
B) The total volume of flow from the proposed
			 permit area, during every season of the year, will not vary in a way that
			 adversely affects the ecology of any surface water or any existing or planned
			 use of surface or ground water; and
C) The appropriate State environmental agency
			 approves the plan.
4)
			 The owner of the surface of the lands within the permit area has knowingly
			 requested, in writing, as part of the application, that a variance be granted.
			 The request shall be made separately from any surface owner consent given for
			 the operations under 62 Ill. Adm. Code
			 1778.15
			 of this chapter and shall show an understanding that the variance could not be
			 granted without the surface owner's request.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.18 - Variances for Delay in Contemporaneous Reclamation Requirement in Combined Surface and Underground Mining Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope. This Section shall apply to any
			 person or persons who conducts or intends to conduct combined surface mining
			 activities and underground mining activities, where a variance is requested
			 from the contemporaneous reclamation requirement of 62 Ill. Adm. Code
			 1816.100.
b) Application contents for variances. Any
			 person who desires to obtain a variance under this Section shall file with the
			 Department complete applications for both the surface mining activities and
			 underground mining activities which are to be combined. The reclamation and
			 operation plans for these permits shall contain appropriate narratives, maps,
			 and plans, which:
1) Show why the proposed
			 underground mining activities are necessary or desirable to assure maximum
			 practical recovery of coal;
2) Show
			 how multiple future disturbances of surface lands or waters will be
			 avoided;
3) Identify the specific
			 surface areas for which a variance is sought and the particular Sections of the
			 Federal Act, 62 Ill. Adm. Code 1700-1850 and the regulatory program from which
			 a variance is being sought;
4) Show
			 how the activities will comply with 62 Ill. Adm. Code
			 1816.79
			 and other applicable requirements of the regulatory program;
5) Show why the variance sought is necessary
			 for the implementation of the proposed underground mining activities;
6) Provide an assessment of the adverse
			 environmental consequences and damages, if any, that will result if the
			 reclamation of surface mining activities is delayed; and
7) Show how off-site storage of spoil will be
			 conducted to comply with the requirements of the Federal Act, 62 Ill. Adm. Code
			 1816.71
			 through
			 1816.74,
			 and the regulatory program.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.20 - Augering

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
			 applies to any person who conducts or intends to conduct surface coal mining
			 and reclamation operations utilizing augering operations.
b) Any application for a permit for
			 operations covered by this Section shall contain, in the mining and reclamation
			 plan, a description of the augering methods to be used and the measures to be
			 used to comply with 62 Ill. Adm. Code 1819.
c) No permit shall be issued for any
			 operations covered by this Section unless the Department finds, in writing,
			 that in addition to meeting all other applicable requirements of 62 Ill. Adm.
			 Code 1772 through 1785, the operation will be conducted in compliance with 62
			 Ill. Adm. Code 1819.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.21 - Coal Preparation Plants Not Located Within the Permit Area of a Mine

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
			 applies to any person who operates or intends to operate a coal preparation
			 plant outside the permit area of any mine, other than such plants which are
			 located at the site of ultimate coal use. Any person who operates such a
			 preparation plant shall obtain a permit from the Department in accordance with
			 the requirements of this Section.
b) Any application for a permit for
			 operations covered by this Section shall contain an operation and reclamation
			 plan which specifies plans, including descriptions, maps, and cross- sections,
			 of the construction, operation, maintenance, and removal of the preparation
			 plant and support facilities operated incident thereto or resulting therefrom.
			 The plan shall demonstrate that those operations will be conducted in
			 compliance with 62 Ill. Adm. Code 1827.
c) No permit shall be issued for any
			 operation covered by this Section, unless the Department finds, in writing,
			 that, in addition to meeting all other applicable requirements of 62 Ill. Adm.
			 Code 1772 through 1785, the operations will be conducted in compliance with the
			 requirements of 62 Ill. Adm. Code 1827.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.22 - In Situ Processing Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section applies to any person who
			 conducts or intends to conduct surface coal mining and reclamation operations
			 utilizing in situ processing activities.
b) Any application for a permit for
			 operations covered by this Section shall be made according to all requirements
			 of 62 Ill. Adm. Code 1772 through 1785 applicable to underground mining
			 activities. In addition, the mining and reclamation operations plan for
			 operations involving in situ processing activities shall contain information
			 establishing how those operations will be conducted in compliance with the
			 requirements of 62 Ill. Adm. Code 1828, including:
1) Delineation of proposed holes and wells
			 and production zone for approval of the Department;
2) Specifications of drill holes and casings
			 proposed to be used;
3) A plan for
			 treatment, confinement, or disposal of all acid-forming or radioactive gases,
			 solids, or liquids constituting a fire, health, safety or environmental hazard
			 caused by the mining and recovery process; and
4) Plans for monitoring surface and ground
			 water and air quality, as required by the Department.
Illinois Administrative Code › Title 62 - MINING › Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 1785.23 - Minor Underground Mine Facilities Not at or Adjacent to the Processing or Preparation Facility or Area

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 person who intends to conduct underground mining activities which require
			 establishment or use of minor underground mine facilities not at or adjacent to
			 the processing or preparation facility or area shall obtain a permit from the
			 Department.
b) Minor underground
			 mine facilities include air shafts, fan and ventilation buildings, small
			 support buildings or sheds, access power holes, other small miscellaneous
			 structures and associated roads.
c)
			 Contents of application for permit. Each application for a permit shall
			 contain, at a minimum, the following information:
1) The name, address, and telephone number of
			 the applicant;
2) Reclamation and
			 operations plans, including:
A) A narrative
			 description of the proposed minor disturbance area, cross-referenced to the map
			 required under subsection (c)(4), including surface topography; geological,
			 surface water, and other physical features; and vegetative cover;
B) A narrative description of the methods to
			 be used in the operations and reclamation, including, but not limited to, the
			 types and uses of equipment, drilling, blasting, road or other access route
			 construction, and excavated earth and other debris disposal
			 activities;
C) An estimated
			 timetable for conducting and completing each phase of the
			 reclamation;
D) The estimated
			 amounts of coal to be removed and a description of the methods to be used to
			 determine those amounts; and
E) A
			 description of the measures to be used to comply with the applicable
			 requirements of 62 Ill. Adm. Code
			 1817.182;
3) The name and address of the
			 owner of record of the surface land;
4) A map at a scale of 1:24,000 or larger,
			 showing the areas of land to be disturbed by the proposed operations and
			 reclamation. The map shall specifically show existing roads, occupied
			 dwellings, and pipelines; proposed location of trenches, roads, and other
			 access routes and structures to be constructed; the location of land
			 excavations to be conducted; water or coal exploratory holes and wells to be
			 drilled or altered; earth or debris disposal areas; existing bodies of surface
			 water; historic, topographic, cultural, and drainage features; and
5) If the surface is owned by a person other
			 than the applicant, a description of the basis upon which the applicant claims
			 the right to enter that land for the purpose of conducting operations and
			 reclamation.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.1 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 comprises the Small Operator Assistance Program (SOAP) and establishes the
			 procedures for providing assistance to eligible operators by the program
			 administrator.
b) The purpose of
			 the program is to provide for eligible operators a determination of probable
			 hydrologic consequences including the engineering analysis and designs
			 necessary for the determination; cross-sections, maps and plans; geologic
			 drilling and statement of results of test borings and samplings; archaeological
			 and historical information collection and relevant plan preparation; pre-blast
			 surveys and pre-blast survey reports; and site specific resource information
			 collection and relevant plan preparation, which are required components of the
			 permit application under 62 Ill. Adm. Code 1772 through 1785.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.4 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) As used in this
			 Part, program administrator means the Illinois Department of Natural Resources
			 (Department) Director's designee; and
b) Qualified laboratory means a designated
			 public agency, private firm, institution, or analytical laboratory which can
			 prepare the required determination of probable hydrologic consequences or other
			 studies and/or reports or plans under the Small Operator Assistance program
			 which meet the standards of Section
			 1795.10.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.6 - Eligibility for Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant is eligible for assistance if he or she:
a) Intends to apply for a permit pursuant to
			 the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720 ]
			 (State Act);
b) Establishes that
			 his or her probable total attributed annual production from all locations on
			 which the operator is issued the surface coal mining and reclamation operations
			 permit will not exceed 300,000 tons. Production from the following operations
			 shall be attributed to the applicant:
1) The
			 pro rata share, based upon percentage of ownership of applicant, of coal
			 produced by operations in which the applicant owns more than a ten (10) percent
			 interest;
2) The pro rata share,
			 based upon percentage of ownership of applicant, of coal produced in other
			 operations by persons who own more than ten (10) percent of the applicant's
			 operation;
3) All coal produced by
			 operations owned by persons who directly or indirectly control the applicant by
			 reason of direction of the management;
4) All coal produced by operations owned by
			 members of the applicant's family and the applicant's relatives, unless it is
			 established that there is no direct or indirect business relationship between
			 or among them;
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.7 - Filing for Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
Each application for assistance shall include the following
				information:
a) A statement of the
			 operator's intent to file a permit application.
b) The names and addresses of:
1) The permit applicant; and
2) The operator, if different from the
			 applicant.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.8 - Application Approval and Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 If the program administrator finds the applicant eligible, he or she shall
			 inform the applicant in writing within ninety (90) days of receipt of the
			 application that the application is approved.
b) If the program administrator finds the
			 applicant ineligible, he or she shall inform the applicant in writing that the
			 application is denied and shall state the reasons for denial.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.9 - Program Services and Data Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent possible with available
			 funds, the program administrator shall select and pay a qualified laboratory to
			 make the determination, studies, reports, plans and statement referenced in
			 subsection (b) below for eligible operators who request assistance.
b) The program administrator shall determine
			 the data needed for each applicant or group of applicants. Data collected and
			 the results provided to the program administrator shall be sufficient to
			 satisfy the requirements for:
1) The
			 determination of probable hydrologic consequences, including the engineering
			 analysis and designs necessary for the determination, of the surface mining and
			 reclamation operations in the proposed permit and adjacent areas in accordance
			 with 62 Ill. Adm. Code
			 1780.21(f)
			 and
			 1784.14(e);
2) The drilling and statement of the results
			 of test borings or core samples for the proposed permit in accordance with 62
			 Ill. Adm. Code
			 1780.22(b)
			 and
			 1784.22(b);
3) Cross-sections, maps and plans required by
			 62 Ill. Adm. Code
			 1779.25
			 and
			 1783.25;
4) Collection of archaeological and
			 historical information and related plans required by 62 Ill. Adm. Code
			 1779.12(b),
			 1780.31,
			 1783.12(b)
			 and
			 1784.17,
			 and any other archaeological and historical information required by the
			 Department;
5) Pre-blast surveys
			 and reports pursuant to the provisions of 62 Ill. Adm. Code
			 1816.62;
6) Site specific resource information and
			 protection and enhancement plans for fish and wildlife habitats and other
			 environmental values required by the Department under 62 Ill. Adm. Code
			 1779.19,
			 1780.16,
			 1783.19
			 and
			 1784.21,
			 and information and plans for any other environmental values required by the
			 Department under the State Act.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.10 - Qualified Laboratories

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
			 qualifications. To be designated a qualified laboratory, a firm shall
			 demonstrate that it:
1) Is staffed with
			 experienced, professional or technical personnel in fields applicable to the
			 work to be performed;
2) Has
			 adequate space for material preparation and cleaning and sterilizing equipment
			 and has stationary equipment, storage, and space to accomodate workloads during
			 peak periods;
3) Meets the
			 requirements of MSHA set forth in 30 CFR 1 through 199(1986) and the
			 requirements of the Occupational Safety and Health Administration set forth in
			 29 CFR 1900 through 1999(1986);
4)
			 Has analytical, monitoring and measuring equipment capable of meeting
			 applicable standards set forth in 62 Ill. Adm. Code
			 1780.21(a)
			 and
			 1784.14(a);
5) Has the capability of collecting necessary
			 field samples and making hydrologic field measurements and analytical
			 laboratory determinations by acceptable hydrologic, geologic, or analytical
			 methods in accordance with the requirements of 62 Ill. Adm. Code 1780.21,
			 1780.22, 1784.14 and 1784.22. Other appropriate methods or guidelines for data
			 aquisition shall be approved by the program administrator if it is determined
			 that these alternate methods will result in the collection of data as accurate
			 as that collected by the previously mentioned methods, and
6) Has the capability of performing services
			 for either the determination or statement referenced in Section
			 1795.9(b).
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.11 - Assistance Funding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use of
			 funds. Funds specifically authorized for this program shall be used to provide
			 the services specified is Section
			 1795.9
			 and shall not be used to cover administrative expenses.
b) Allocation of funds. The program
			 administrator shall establish a formula for allocating funds to provide
			 services commensurate with funding levels for eligible small operators if
			 available funds are less than those required to provide the services pursuant
			 to this Part.
Illinois Administrative Code › Title 62 - MINING › Part 1795 - SMALL OPERATOR ASSISTANCE › Section 1795.12 - Applicant Liability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant shall reimburse the Department for the cost of the laboratory
			 services performed pursuant to this Part if:
1) The applicant submits false information,
			 fails to submit a permit application within one (1) year from the date of
			 receipt of the approved laboratory reports, or fails to mine after obtaining a
			 permit;
2) The program
			 administrator finds that the applicant's actual and attributed production of
			 coal for all locations exceeds 300,000 tons during the 12 months immediately
			 following the date on which the operator is issued the surface coal mining and
			 reclamation permit; or
3) The
			 permit is sold, transferred, or assigned to another person and the original
			 permittee's and transferee's total actual and attributed production exceeds
			 300,000 tons during the twelve (12) months immediately following the date on
			 which the permit was originally issued. If the permit is transferred during the
			 twelve (12) month period immediately following the permit issuance date, the
			 determination of adherence to the twelve (12) month - 300,000 tons limit shall
			 be performed by combining the actual and attributed production of both parties
			 for the twelve (12) month period immediately following the date of original
			 permit issuance. Under this subsection the applicant and its successor are
			 jointly and severally obligated to reimburse the Department.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.1 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth the minimum requirements for filing and
				maintaining bonds and insurance for surface coal mining and reclamation
				operations under regulatory programs in accordance with the Surface Coal Mining
				Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 961/2, pars.
				7901.01 et seq. (State Act).
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.4 - Department Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Illinois Department of Natural Resources, Office of Natural Resources
			 (Department) shall prescribe and furnish forms for filing performance
			 bonds.
b) The Department shall
			 determine the amount of the bond for each area to be bonded, in accordance with
			 Section
			 1800.14.
			 The Department shall also adjust the amount as acreage in the permit area is
			 revised, or when other relevant conditions change, according to the
			 requirements of Section
			 1800.15.
c) The Department may accept a self-bond if
			 the permittee meets the requirements of Section
			 1800.23.
d) The Department shall release liability
			 under a bond or bonds in accordance with Section
			 1800.40.
e) If the conditions specified in Section
			 1800.50 occur, the
			 Department shall take appropriate action to cause all or part of a bond to be
			 forfeited in accordance with procedures of that Section.
f) The Department shall require in the permit
			 that adequate bond coverage be in effect at all times. Except as provided in
			 Section
			 1800.16(e)(2),
			 operating without a bond is a violation of a condition upon which the permit is
			 issued.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Surety bond
			 means an indemnity agreement in a sum certain payable to the Department,
			 executed by the permittee as principal and which is supported by the
			 performance guarantee of a corporation licensed to do business as a surety in
			 Illinois.
b) Collateral bond means
			 an indemnity agreement in a sum certain executed by the permittee as principal
			 which is supported by the deposit with the Department of one or more of the
			 following:
1) A cash account, which shall be
			 the deposit of cash in one or more federally-insured or equivalently protected
			 accounts, payable only to the Department upon demand, or the deposit of cash
			 directly with the Department;
2)
			 Negotiable bonds of the United States, a State, or a municipality, endorsed to
			 the order of, and placed in the possession of, the Department;
3) Negotiable certificates of deposit, made
			 payable or assigned to the Department and placed in its possession or held by a
			 federally-insured bank;
4) An
			 irrevocable letter of credit of any bank organized or authorized to transact
			 business in Illinois, in another state of the United States, or in the United
			 States by national charter, payable only to the Department upon presentation
			 provided that if the bank does not have an office for collection in Illinois,
			 there shall be a confirming bank designated with an office in Illinois that is
			 authorized to accept, negotiate and pay the letter upon presentment in
			 Illinois; or
5) Other
			 investment-grade rated securities having a rating of AAA, AA, or A or an
			 equivalent rating issued by a nationally recognized securities rating service,
			 endorsed to the order of, and placed in the possession of the
			 Department.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.11 - Requirement to File a Bond

Current through Register Vol. 48, No. 28, July 12, 2024
a) After a
			 permit application under 62 Ill. Adm. Code 1772 through 1785 has been approved,
			 but before a permit is issued in accordance with 62 Ill. Adm. Code
			 1773.19,
			 the Department shall notify the applicant in writing of the amount of bond
			 required to ensure reclamation of the permit area. The applicant shall file
			 with the Department, on a form provided by the Department a bond or bonds for
			 performance made payable to the Department and conditioned upon the faithful
			 performance of all the requirements of the State Act, 62 Ill. Adm. Code 1700
			 through 1850, the permit and the reclamation plan. Failure to file a
			 performance bond or other equivalent guarantee in accordance with this Section
			 within 1 year after the issuance of the Department's written notification of
			 the required bond amount shall result in the application being deemed null and
			 void. The Department may issue an extension to this time limit if the applicant
			 can demonstrate just cause (e.g., extended periods of illness, extreme
			 inclement weather, acts of civil unrest, or other emergency situations) for
			 doing so.
b) Bond coverage.
1) The bonds or bonds shall cover the entire
			 permit area, or an identified increment of land within the permit area upon
			 which the operator will initiate and conduct surface coal mining operations
			 during the initial term of the permit.
2) As surface coal mining and reclamation
			 operations on succeeding increments are initiated and conducted within the
			 permit area, the permittee shall file with the Department an additional bond or
			 bonds to cover such increments in accordance with this Section.
3) The operator shall identify the initial
			 and successive areas or increments for bonding on the permit application map
			 submitted for approval as provided in the application (under 62 Ill. Adm. Code
			 1780 and 1784), and shall specify the bond amount to be provided for each area
			 or increment.
4) Independent
			 increments shall be of sufficient size and configuration to provide for
			 efficient reclamation operations should reclamation by the Department become
			 necessary pursuant to Section
			 1800.50.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.12 - Form of the Performance Bond

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall prescribe the form of the performance
				bond. The Department shall allow for:
a) A surety bond;
b) A collateral bond;
c) A self-bond; or
d) A combination of any of these bonding
			 methods.