reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.13 - Period of Liability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Performance bond liability shall be for the duration of the surface coal mining
			 and reclamation operation and for a period which is coincident with the
			 operator's period of extended responsibility for successful revegetation
			 provided in 62 Ill. Adm. Code
			 1816.116
			 or
			 1817.116
			 or until achievement of the reclamation requirements of the State Act,
			 regulatory programs, and permit, whichever is later.
b) Isolated and clearly defined portions of
			 the permit area requiring extended liability may be separated from the original
			 area and bonded separately with the approval of the Department. Such areas
			 shall be limited in extent and not constitute a scattered, intermittent, or
			 checkerboard pattern of failure. Access to the separated areas for remedial
			 work may be included in the area under extended liability if deemed necessary
			 by the Department.
c) If the
			 Department approves a long-term, intensive agricultural post-mining land use,
			 in accordance with 62 Ill. Adm. Code
			 1816.133
			 or
			 1817.133,
			 the five year period of liability shall commence at the date of initial
			 planting for such long-term agricultural use.
d) Bond liability
1) The bond liability of the permittee shall
			 include only those actions which he or she is obligated to take under the
			 permit, including completion of the reclamation plan, so that the land will be
			 capable of supporting the post-mining land use approved under 62 Ill. Adm. Code
			 1816.133
			 or 1817.133.
2) Implementation of
			 an alternative post-mining land use approved under 62 Ill. Adm. Code
			 1816.133
			 and
			 1817.133
			 which is beyond the control of the permittee, need not be covered by the bond.
			 Bond liability for prime farmland shall be as specified in Section
			 1800.40(c)(2).
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.14 - Determination of Bond Amount

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 amount of the bond required for each bonded area shall:
1) Be determined by the Department;
2) Depend upon the requirements of the
			 approved permit and reclamation plan;
3) Reflect the probable difficulty of
			 reclamation, giving consideration to such factors as topography, geology,
			 hydrology, and revegetation potential; and
4) Be based on, but not limited to, the
			 estimated cost submitted by the permit applicant.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.15 - Adjustment of Amount

Current through Register Vol. 48, No. 28, July 12, 2024
a) The amount
			 of the bond or deposit required and the terms of the acceptance of the
			 applicant's bond shall be adjusted by the Department from time to time as the
			 area requiring bond coverage is increased or decreased or where the cost of
			 future reclamation changes. The Department may specify periodic times or set a
			 schedule for reevaluating and adjusting the bond amount to fulfill this
			 requirement.
b) The Department
			 shall:
1) Notify the permittee, the surety,
			 and any person with a property interest in collateral who has requested
			 notification under Section
			 1800.21(e)
			 of any proposed adjustment to the bond amount; and
2) Provide the permittee an opportunity for
			 administrative review in accordance with 62 Ill. Adm. Code
			 1847.3.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.16 - General Terms and Conditions of Bond

Current through Register Vol. 48, No. 28, July 12, 2024
a) The performance bond shall be in an amount
			 determined by the Department as provided in Section
			 1800.14.
b) The performance bond shall be payable to
			 the Department.
c) The performance
			 bond shall be conditioned upon faithful performance of all the requirements of
			 the State Act, 62 Ill. Adm. Code 1700-1850, the regulatory program, and the
			 approved permit, including completion of the reclamation plan.
d) The duration of the bond shall be for the
			 time period provided in Section
			 1800.13.
e)
1) The
			 bond shall provide a mechanism for a bank or surety company to give prompt
			 notice to the Department and the permittee of any action filed alleging the
			 insolvency or bankruptcy of the surety company, the bank, or the permittee, or
			 alleging any violations which would result in suspension or revocation of the
			 surety or bank charter or license to do business.
2) Upon the incapacity of a bank or surety
			 company by reason of bankruptcy, insolvency, or suspension or revocation of a
			 charter or license, the permittee shall be deemed to be without bond coverage
			 and shall promptly notify the Department. The Department, upon notification
			 received through the procedures of subsection (e)(1) or from the permittee,
			 shall, in writing, notify the operator who is without bond coverage and specify
			 a reasonable period, not to exceed ninety (90) days, to replace bond coverage.
			 If an adequate bond is not posted by the end of the period allowed, the
			 operator shall cease coal extraction and shall comply with the provisions of 62
			 Ill. Adm. Code
			 1816.132
			 or
			 1817.132
			 and shall immediately begin to conduct reclamation operations in accordance
			 with the reclamation plan. Mining operations shall not resume until the
			 Department has determined that an acceptable bond has been posted.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.17 - Bonding Requirements for Underground Coal Mines and Long-Term Coal-Related Surface Facilities and Structures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Responsibilities. The Department shall
			 require bond coverage, in an amount determined under Section
			 1800.14,
			 for long-term surface facilities and structures, and for areas disturbed by
			 surface impacts incident to underground mines within the permit area. Specific
			 reclamation techniques required for underground mines and long-term facilities
			 shall be considered in determining the amount of bond to complete the
			 reclamation.
b) Long-term period of
			 liability.
1) The period of liability for
			 every bond covering long-term surface disturbances shall commence with the
			 issuance of a permit, except that to the extent that such disturbances will
			 occur on a succeeding increment to be bonded, such liability will commence upon
			 the posting of the bond for that increment before the initial surface
			 disturbance of that increment. The liability period shall extend until all
			 reclamation, restoration, and abatement work under the permit has been
			 completed and the bond is released under the provisions of Section
			 1800.40, or
			 until the bond has been replaced or extended in accordance with subsection
			 (b)(3).
2) Long-term surface
			 disturbances shall include long-term coal-related surface facilities and
			 structures, and surface impacts incident to underground coal mining, which
			 disturb an area for a period that exceeds five (5) years. Long-term surface
			 disturbances include, but are not limited to: surface features of shafts and
			 slope facilities, coal refuse areas, powerlines, boreholes, ventilation shafts,
			 preparation plants, machine shops, roads, and loading and treatment
			 facilities.
3) Continuous bond
			 coverage shall apply throughout the period of extended responsibility for
			 successful revegetation and until the provisions of Section
			 1800.40 have
			 been met.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.20 - Surety Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) A surety
			 bond shall be executed by the operator and a corporate surety licensed to do
			 business in Illinois.
b) Surety
			 bonds shall be subject to the following conditions:
The Department shall not accept the bond of a surety company
				unless the surety company is licensed to do business in the State of Illinois
				as surety and bond shall not be cancelable by the surety at any time for any
				reason including, but not limited to, non-payment of premiums or bankruptcy of
				the permittee during the period of liability. Surety bond coverage for
				permitted lands not disturbed shall be cancelled if the surety gives at least
				ninety (90) days notice to the Department of the intent to cancel prior to
				cancellation. Such notice shall be by certified mail and shall not be effective
				until received by the Department. Cancellation shall not be effective for lands
				subject to bond coverage which have already been disturbed or are disturbed
				after receipt of notice, but prior to approval by the Department. The
				Department may allow continuation of surface coal mining and reclamation
				operations on the land for which the bond is cancelled only if a replacement
				bond is filed by the permittee prior to the cancellation date, or the permit is
				amended so that the surface coal mining operations approved under the permit
				are reduced to the degree necessary to cover all the costs attributable to the
				completion of reclamation operations on the reduced permit area in accordance
				with Section
				1800.11(b)(2).
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.21 - Collateral Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Collateral
			 bonds, except for letters of credit and cash accounts, shall be subject to the
			 following conditions:
1) The Department shall
			 keep custody of collateral deposited by the applicant until authorized for
			 release or replacement as provided in Sections
			 1800.30 and
			 1800.40.
2) The Department shall value collateral at
			 its current market value, not at face value.
3) The Department shall require that
			 certificates of deposit be made payable to or assigned to the Department both
			 in writing and upon the records of the bank issuing the certificates. If
			 assigned, the Department shall require the banks issuing these certificates to
			 waive all rights of setoff or liens against those certificates.
4) The Department shall not accept an
			 individual certificate of deposit in an amount in excess of $100,000 or the
			 maximum insurable amount as determined by the Federal Deposit Insurance
			 Corporation or the Federal Savings and Loan Insurance Corporation.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.30 - Replacement of Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may allow a permittee to replace existing bonds with other bonds
			 that provide equivalent coverage, if the liability which has accrued against
			 the permittee on the permit area is transferred to such replacement bonds. The
			 replacement bond shall be accompanied by a letter from the bonding company
			 identifying the dates of the permit period which the bond is to cover and
			 acknowledging any previously affected areas which the replacement is to
			 cover.
b) The Department shall not
			 release existing performance bonds until the permittee has submitted, and the
			 Department has approved, acceptable replacement performance bonds. Replacement
			 of a performance bond pursuant to this Section shall not constitute a release
			 of bond under Section
			 1800.40.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.40 - Requirement to Release Performance Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bond release application.
1) The permittee may file an application with
			 the Department for the release of all or part of a performance bond at any
			 time. The permittee may authorize a person to act on the permittee's behalf.
			 The Department may also initiate an application for bond release. For bond
			 releases initiated by the Department, the Department shall undertake the
			 notification and certification requirements of the applicant under this
			 Section.
2) Within 30 days after an
			 application for bond release has been filed with the Department, the applicant
			 shall submit a copy of an advertisement placed at least once a week for 4
			 successive weeks in a newspaper of general circulation in the locality of the
			 surface coal mining operation. The advertisement shall be considered part of
			 any bond release application and shall contain the permit number and approval
			 date, notification of the precise location of the land affected, the number of
			 acres, the type and amount of the bond filed and the portion sought to be
			 released, the type and appropriate dates of reclamation work performed, a
			 description of the results achieved as they relate to the permittee's approved
			 reclamation plan, and the name and address of the Department to which written
			 comments, objections, or requests for public hearings on the specific bond
			 release may be submitted pursuant to subsection (d). In addition, as part of
			 any bond release application, the applicant shall submit copies of letters
			 which he or she has sent to adjoining property owners, local governmental
			 bodies, planning agencies, sewage and water treatment authorities, and water
			 companies in the locality in which the surface coal mining and reclamation
			 operation took place, notifying them of the intention to seek release from the
			 bond. The applicant shall submit a certification of publication for such
			 advertisement prior to the Department's final administrative decision releasing
			 bond.
3) The applicant shall
			 include in the application for bond release a notarized statement which
			 certifies that all applicable reclamation activities have been accomplished in
			 accordance with the requirements of the State Act, the regulatory program and
			 the approved reclamation plan. Such certification shall be submitted for each
			 application or phase of bond release.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.50 - Forfeiture of Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 permittee refuses or is unable to conduct reclamation of an unabated violation
			 due to bankruptcy, insolvency, creditor attachment of equipment or to the
			 collateral supporting the performance bond being repledged, if the terms of the
			 permit are not met, or if the permittee defaults on the conditions under which
			 the bond was accepted, the Department shall take the following action to
			 forfeit all or part of a bond or bonds for any permit area or an increment of a
			 permit area:
1) Send written notification by
			 certified mail, return receipt requested, to the permittee and the surety on
			 the bond, if any, informing them of the determination to forfeit all or part of
			 the bond, including the reasons for the forfeiture and the amount to be
			 forfeited.
2) The amount shall be
			 based on the estimated total cost of achieving the reclamation plan
			 requirements.
Illinois Administrative Code › Title 62 - MINING › Part 1800 - BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 1800.60 - Terms and Conditions for Liability Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall require the applicant
			 to submit as part of its permit application a certificate issued by an
			 insurance company authorized to do business in Illinois certifying that the
			 applicant has a public liability insurance policy in force for the surface coal
			 mining and reclamation operations for which the permit is sought. Such policy
			 shall provide for personal injury and property damage protection in an amount
			 adequate to compensate any persons injured or property damaged as a result of
			 the surface coal mining and reclamation operations, including the use of
			 explosives, and who are entitled to compensation under the applicable
			 provisions of State law. Minimum insurance coverage for bodily injury and
			 property damage shall be three hundred thousand dollars ($300,000) for each
			 occurrence and five hundred thousand dollars ($500,000) aggregate.
b) The policy or approved replacement thereof
			 shall be maintained in full force during the life of the permit or any renewal
			 thereof, and the liability period necessary to complete all reclamation
			 operations under 62 Ill. Adm. Code 1800 - 1850.
c) The policy shall include a rider requiring
			 that the insurer notify the Department whenever substantive changes are made in
			 the policy including any termination or failure to renew.
Illinois Administrative Code › Title 62 - MINING › Part 1810 - PERMANENT PROGRAM PERFORMANCE STANDARDS GENERAL PROVISIONS › Section 1810.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
62 Ill. Adm. Code 1810 through 1828 of these regulations set
				forth the minimum performance standards and design requirements to be adopted
				and implemented under a regulatory program for coal exploration and surface
				coal mining and reclamation operations.
Illinois Administrative Code › Title 62 - MINING › Part 1810 - PERMANENT PROGRAM PERFORMANCE STANDARDS GENERAL PROVISIONS › Section 1810.2 - Objective

Current through Register Vol. 48, No. 28, July 12, 2024
The objective of 62 Ill. Adm. Code 1810 through 1828 is to
				ensure that coal exploration and surface coal mining and reclamation operations
				are conducted in manners which are compatible with the environmental, social,
				and esthetic needs of the Nation. Accordingly, the performance standards and
				design requirements in 62 Ill. Adm. Code 1810 through 1828 will provide
				for:
a) Protection of the health,
			 safety, and general welfare of mine workers and the public;
b) Maximum use and conservation of the solid
			 fuel resource being recovered so that reaffecting the land through future
			 surface coal mining operations can be minimized;
c) Prompt reclamation of all affected areas
			 to conditions that are capable of supporting the premining land uses or higher
			 or better land uses;
d) Reclamation
			 of land affected by surface coal mining operations as contemporaneously as
			 practicable with mining operations;
e) Minimizing, to the extent possible using
			 the best technology currently available, disturbances and adverse impacts on
			 fish, wildlife, and other related environmental values, and enhancement of such
			 resources where practicable;
f)
			 Revegetation which achieves a prompt vegetative cover and recovery of
			 productivity levels compatible with approved land uses;
g) Minimum disturbances to the prevailing
			 hydrologic balance at the mine-site and in associated off-site areas, and to
			 the quality and quantity of water in surface and ground water
			 systems;
h) Protection of fragile
			 and historic lands where surface coal mining operations could result in
			 significant damage to important historic, cultural, scientific, or esthetic
			 values, and natural systems;
i)
			 Confinement of surface coal mining and reclamation operations including, but
			 not limited to, the location of spoil disposal areas to lands within the permit
			 area;
j) Striking a balance between
			 protection of the environment and agricultural productivity and the Nation's
			 need for coal as an essential source of energy; and
k) Protection of endangered and threatened
			 species and their critical habitats as determined by the Endangered Species Act
			 of 1973 (
			 16
			 U.S.C. 1531, et seq.).
Illinois Administrative Code › Title 62 - MINING › Part 1810 - PERMANENT PROGRAM PERFORMANCE STANDARDS GENERAL PROVISIONS › Section 1810.4 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall ensure that performance standards and design requirements at least as
			 stringent as the standards in 62 Ill. Adm. Code 1810 through 1828 are
			 implemented and enforced under the State program.
b) Each person conducting coal exploration or
			 surface coal mining and reclamation operations is responsible for complying
			 with performance standards and design requirements which are at least as
			 stringent as the standards in 62 Ill. Adm. Code 1810 through 1828 and the
			 regulatory program.
Illinois Administrative Code › Title 62 - MINING › Part 1810 - PERMANENT PROGRAM PERFORMANCE STANDARDS GENERAL PROVISIONS › Section 1810.11 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
62 Ill. Adm. Code 1815 applies to all coal exploration
				conducted under regulatory programs. 62 Ill. Adm. Code 1816 applies to all
				surface mining activities conducted under regulatory programs. 62 Ill. Adm.
				Code 1817 applies to all underground mining activities conducted under
				regulatory programs. 62 Ill. Adm. Code 1818 through 1828 apply to certain
				special categories of surface coal mining and reclamation operations. 62 Ill.
				Adm. Code 1816 and 1817 apply to each of those special categories of
				operations, except to the extent that a provision of 62 Ill. Adm. Code 1818
				through 1828 specifically exempts a particular category from a particular
				requirement of 62 Ill. Adm. Code 1816 or 1817.
Illinois Administrative Code › Title 62 - MINING › Part 1815 - PERMANENT PROGRAM PERFORMANCE STANDARDS COAL EXPLORATION › Section 1815.1 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth performance standards required for coal
				exploration which substantially disturbs the natural land surface. These
				performance standards are the minimum standards which shall be required of such
				exploration; however, if necessary to control environmental damage and danger
				to the public health and safety the Illinois Department of Natural Resources
				(Department) shall require compliance with 62 Ill. Adm. Code 1816 through
				1828.
Illinois Administrative Code › Title 62 - MINING › Part 1815 - PERMANENT PROGRAM PERFORMANCE STANDARDS COAL EXPLORATION › Section 1815.13 - Required Documents

Current through Register Vol. 48, No. 28, July 12, 2024
Each person who conducts coal exploration which substantially
				disturbs the natural land surface shall, while in the exploration area, have
				available a copy of the filed notice of intention to explore or a copy of the
				exploration permit for review by the authorized representative of the
				Department upon request.
Illinois Administrative Code › Title 62 - MINING › Part 1815 - PERMANENT PROGRAM PERFORMANCE STANDARDS COAL EXPLORATION › Section 1815.15 - Performance Standards for Coal Exploration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Habitats of unique or unusually high value
			 for fish, wildlife, and other related environmental values and critical
			 habitats of threatened or endangered species identified pursuant to the
			 Endangered Species Act of 1973 (
			 16
			 U.S.C. 1531 et seq.) shall not be disturbed
			 during coal exploration.
b) All
			 roads or other transportation facilities used for coal exploration shall comply
			 with the applicable provisions of 62 Ill. Adm. Code
			 1816.150,
			 1816.180
			 and
			 1816.181.
c) If excavations, artificial flat areas, or
			 embankments are created during exploration, these areas shall be returned to
			 the approximate original contour promptly after such features are no longer
			 needed for coal exploration.
d)
			 Topsoil shall be separately removed, stored, and redistributed on areas
			 disturbed by coal exploration activities as necessary to assure successful
			 revegetation unless the operator can demonstrate that the topsoil will not be
			 affected by excessive erosion, compaction and contamination.
e) All areas disturbed by the coal
			 exploration activities shall be revegetated in a manner that encourages prompt
			 revegetation and recovery of a diverse, effective, and permanent vegetative
			 cover. Revegetation shall be accomplished in accordance with the following:
1) All areas disturbed by coal exploration
			 activities shall be seeded or planted to the same seasonal variety native to
			 the areas disturbed. If the land use of the exploration area is intensive
			 agriculture, planting of the crops normally grown will meet the requirements of
			 this subsection; and
2) The
			 vegetative cover shall be capable of stabilizing the soil surface in regards to
			 erosion.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.11 - Signs and Markers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Specifications. Signs and markers required under this Part shall:
1) Be posted and maintained by the person who
			 conducts the surface mining activities;
2) Be of a uniform design throughout the
			 operation that can be easily seen and read;
3) Be made of durable material; and
4) Conform to local ordinances and
			 codes.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.13 - Casing and Sealing of Drilled Holes: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each exploration hole, other drill or borehole, well, or other
				exposed underground opening shall be cased, sealed, or otherwise managed, as
				approved by the Illinois Department of Natural Resources, Office of Mines and
				Minerals (Department), to prevent acid or other toxic drainage from entering
				ground or surface waters, to minimize disturbance to the prevailing hydrologic
				balance, and to ensure the safety of people, livestock, fish and wildlife, and
				machinery in the permit and adjacent area. If these openings are uncovered or
				exposed by surface mining activities within the permit area they shall be
				permanently closed, unless approved for water monitoring, or otherwise managed
				in a manner approved by the Department. Use of a drilled hole or borehole or
				monitoring well as a water well must meet the provisions of Section
				1816.41.
				This Section does not apply to holes solely drilled and used for
				blasting.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.14 - Casing and Sealing of Drilled Holes: Temporary

Current through Register Vol. 48, No. 28, July 12, 2024
Each exploration hole, other drill or boreholes, wells, and
				other exposed underground openings which have been identified in the approved
				permit application for use to return coal processing waste or water to
				underground working, or to be used to monitor ground water conditions, shall be
				temporarily sealed before use and protected during use by barricades, or
				fences, or other protective devices approved by the Department. These devices
				shall be periodically inspected and maintained in good operating condition by
				the person who conducts the surface mining activities.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.15 - Casing and Sealing of Drilled Holes: Permanent

Current through Register Vol. 48, No. 28, July 12, 2024
When no longer needed for monitoring or other use approved by
				the Department upon a finding of no adverse environmental or health and safety
				effect, or unless approved for transfer as a water well under Section
				1816.41,
				each exploration hole, other drilled hole or borehole, well, and other exposed
				underground opening shall be capped, sealed, backfilled, or otherwise properly
				managed, as required by the Department, under Section
				1816.13
				and consistent with
				30 CFR 75.1711.
				Permanent closure measures shall be designed to prevent access to the mine
				workings by people, livestock, fish and wildlife, and machinery, and to keep
				acid or other toxic drainage from entering ground or surface
				waters.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.22 - Topsoil and Subsoil

Current through Register Vol. 48, No. 28, July 12, 2024
a) Removal.
1) All topsoil shall be removed as a separate
			 layer from the area to be disturbed, and segregated. Where topsoil is of
			 insufficient quantity or poor quality for sustaining vegetation, the materials
			 approved by the Department in accordance with subsection (b) shall be removed
			 as a separate layer from the area to be disturbed, and segregated.
2) If topsoil is less than 6 inches thick and
			 no substitutes or supplements are approved in accordance with subsection (b),
			 the operator shall remove a 6 inch layer that includes the A horizon and the
			 unconsolidated materials immediately below or the A horizon and all
			 unconsolidated materials if the total available is less than 6 inches and treat
			 the mixture as topsoil.
3) The
			 Department shall not require the removal of topsoil for minor disturbances
			 which:
A) Occur at the site of small
			 structures, such as power poles, signs, fence lines or markers; or
B) Will not destroy the existing vegetation,
			 will not cause erosion and will not degrade the quality or limit the future use
			 of the soil.
4) All
			 material to be removed under this Section shall be removed after the vegetative
			 cover that would interfere with its salvage is cleared from the area to be
			 disturbed, but before any drilling, blasting, mining or other surface
			 disturbance takes place.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.41 - Hydrologic Balance Protection

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 General. All surface mining and reclamation activities shall be conducted to
			 minimize disturbance of the hydrologic balance within the permit and adjacent
			 areas, to prevent material damage to the hydrologic balance outside the permit
			 area, such as diminution of recharge capacity, to prevent violations of State
			 and Federal water quality standards and effluent limitations, to assure the
			 protection or replacement of water rights, and to support approved post-mining
			 land uses in accordance with the terms and conditions of the approved permit
			 and the performance standards of this Part. The Department shall require
			 additional preventative, remedial, or monitoring measures to assure that
			 material damage to the hydrologic balance outside the permit area is prevented
			 if the current approved plan is not sufficient to achieve this protection.
			 Mining and reclamation practices that minimize water pollution and changes in
			 flow shall be used in preference to water treatment.
b) Ground water protection. In order to
			 protect the hydrologic balance, surface mining activities shall be conducted
			 according to the plan approved under 62 Ill. Adm. Code
			 1780.21(h)
			 and the following:
1) Ground water quality
			 shall be protected by handling earth materials and runoff in a manner that
			 minimizes acidic, toxic, or other harmful infiltration to ground water systems
			 and by managing excavations and other disturbances to prevent or control the
			 discharge of pollutants into the ground water.
2) Ground water quantity shall be protected
			 by handling earth materials and runoff in a manner that will restore the
			 approximate premining recharge capacity of the reclaimed area as a whole,
			 excluding coal mine waste disposal areas and fills, so as to allow the movement
			 of water to the ground water system.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.42 - Hydrologic Balance: Water Quality Standards and Effluent Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
Discharges of water from areas disturbed by surface mining
				activities shall be made in compliance with the Federal Water Pollution Control
				Act of 1972, as amended (
				30 U.S.C.
				1251 et seq.), the Environmental Protection
				Act (Ill. Rev. Stat. 1991, ch. 1111/2, pars. 1001 et seq.) [415 ILCS
				5/1 ] and with effluent limitations for coal mining
				promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR
				434(1992). 40 CFR 434(1992) does not include any later amendments or
				editions.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.45 - Hydrologic Balance: Sediment Control Measures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appropriate sediment control measures
			 shall be designed, constructed, and maintained using the best technology
			 currently available to:
1) Prevent, to the
			 extent possible, additional contributions of sediment to streamflow or to
			 runoff outside the permit area;
2)
			 Meet the more stringent of applicable State or Federal effluent limitations;
			 and
3) Minimize erosion to the
			 extent possible.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.46 - Hydrologic Balance: Siltation Structures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. For the purpose of this
			 Section only:
1) Siltation structure means a
			 sedimentation pond, a series of sedimentation ponds, or other treatment
			 facility.
2) Disturbed area shall
			 not include those areas:
A) In which the only
			 surface mining activities include diversion ditches, siltation structures, or
			 roads that are designed, constructed, and maintained in accordance with this
			 Part; and
B) For which the upstream
			 area is not otherwise disturbed by the permittee.
3) Other treatment facilities means any
			 chemical treatments, such as flocculation, or mechanical structures, such as
			 clarifiers, that have a point-source discharge and that are utilized to prevent
			 additional contributions of suspended solids to stream flow or runoff outside
			 the permit area, or to comply with all applicable State and federal water
			 quality laws and regulations.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.47 - Hydrologic Balance: Discharge of Structures

Current through Register Vol. 48, No. 28, July 12, 2024
Discharge from sedimentation ponds, permanent and temporary
				impoundments, coal processing waste dams and embankments, and diversions shall
				be controlled, by energy dissipators, riprap channels, and other devices where
				necessary to reduce erosion, to prevent deepening or enlargement of stream
				channels, and to minimize disturbance of the hydrologic balance. Discharge
				structures shall be designed according to standard engineering-design
				procedures.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.56 - Post-Mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
Before abandoning a permit area or seeking bond release, the
				operator shall ensure that all temporary structures are removed and reclaimed,
				and that all permanent sedimentation ponds, diversions, impoundments, and
				treatment facilities meet the requirements of these regulations for permanent
				structures, have been maintained properly, and meet the requirements of the
				approved reclamation plan for permanent structures and impoundments. The
				operator shall renovate such structures if necessary to meet the requirements
				of these regulations and to conform to the approved reclamation
				plan.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.57 - Hydrologic Balance: Stream Buffer Zones

Current through Register Vol. 48, No. 28, July 12, 2024
a) No land within one hundred (100) feet of
			 the top of the bank of the normal channel of a perennial stream or an
			 intermittent stream shall be disturbed by surface mining activities, except in
			 accordance with Section
			 1816.43, unless the
			 Department specifically authorizes surface mining activities close to or
			 through such a stream upon finding:
1) That
			 the original stream channel and its associated riparian vegetation will be
			 restored; and surface mining activities will not cause or contribute to a
			 violation of Section
			 1816.42
			 and will not adversely affect the water quantity and quality or other
			 environmental resources of the stream;
2) If there will be a temporary or permanent
			 stream channel diversion, it will comply with Section 1816.43.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.59 - Coal Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
Surface mining activities shall be conducted so as to maximize
				the utilization and conservation of the coal, while utilizing the best
				appropriate technology currently available to maintain environmental integrity,
				so that reaffecting the land in the future through surface coal mining
				operations is minimized.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.61 - Use of Explosives: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each person who conducts surface mining
			 activities shall comply with all applicable State and Federal laws in the use
			 of explosives.
b) All blasting
			 operations shall be conducted by persons certified by the Department in
			 accordance with 62 Ill. Adm. Code 1850.
c) Blast design.
1) An anticipated blast design shall be
			 submitted if blasting operations will be conducted within:
A) One thousand (1,000) feet of any building
			 used as a dwelling, public building, school, church, or community or
			 institutional building outside the permit area; or
B) Five hundred (500) feet of an active or
			 abandoned underground mine.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.64 - Use of Explosives: Public Notice of Blasting Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
a) All blasting shall be conducted from
			 sunrise to sunset, and at times announced in the blasting schedule. The
			 Department shall limit the area covered, timing and sequence of blasting, as
			 listed in the schedule, if such limitations are necessary and reasonable in
			 order to protect public health, safety or welfare.
b) Unscheduled blasting may be conducted only
			 where public or operator health and safety so require. When an operator
			 conducts an unscheduled blast, the operator, using audible warning signals,
			 shall notify residents within one-half mile of the blasting site and document
			 the reason(s) for the unscheduled blast in accordance Section
			 1816.68(a)(17).
			 Unscheduled blasting does not include nighttime blasting, which is prohibited
			 at all times.
c) Blasting schedule
			 publication
1) Each person who conducts
			 surface mining activities shall publish a blasting schedule at least ten days,
			 but not more than 30 days, before beginning a blasting program in which blasts
			 that use more than five pounds of explosive or blasting agent are detonated.
			 The blasting schedule shall be published in a newspaper of general circulation
			 in the locality of the blasting site.
2) Copies of the schedule shall be
			 distributed by mail to local governments and public utilities and mailed or
			 delivered to each residence within one-half mile of the proposed blasting area
			 and to every other person within or outside such area to whom the Department
			 requires to be mailed, and daily notices shall be provided to such persons
			 prior to any blasting.
3) The
			 person who conducts the surface mining activities shall republish and
			 redistribute the schedule by mail at least every 12 months and revise and
			 republish the schedule at least ten days but not more than 30 days before
			 blasting in areas not covered in the current schedule or if the actual blasting
			 times differ from the time periods listed in the current schedule for more than
			 20% of the blasts fired.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.66 - Use of Explosives: Blasting Signs, Warnings, and Access Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Blasting signs
			 shall meet the specifications of Section
			 1816.11. The
			 operator shall:
1) Conspicuously display
			 signs reading "Blasting Area" along the edge of any blasting area that comes
			 within 100 feet of any public road right-of-way, and at the point where any
			 other road provides access to the blasting area; and
2) At all entrances to the permit area from
			 public roads or highways, place conspicuous signs which state "Warning!
			 Explosives in Use" and which clearly list and describe the meaning of the
			 audible blast warning and all-clear signals that are in use, and which explain
			 the marking of blasting areas and charged holes awaiting firing within the
			 permit area.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.67 - Use of Explosives: Control of Adverse Effects

Current through Register Vol. 48, No. 28, July 12, 2024
a) Blasting shall be conducted to prevent
			 injury to persons, damage to public or private property outside the permit
			 area, adverse impacts on any underground mine, and change in the course,
			 channel or availability of ground or surface water outside the permit
			 area.
b) Air blast limits
1) Air blast shall be controlled so that it
			 does not exceed the values specified below at any dwelling, public building,
			 school, church, or commercial or institutional structure, unless such structure
			 is owned by the person who conducts the surface mining activities and is not
			 leased to any other person. If a building owned by the person conducting
			 surface mining activities is leased to another person, the lessee may sign a
			 waiver relieving the operator from meeting the air blast limitations of this
			 subsection. The waiver shall be submitted to the Department before beginning
			 blasting.
Lower frequency limit of measuring system, Hz
						  +3dB
Maximum
level in dB
0.1 Hz or lower - flat response*
134 peak
2.0 Hz or lower - flat response
133 peak
6.0 Hz or lower - flat response
129 peak
* Only when approved by the Department
2) The
			 measuring systems used shall have a flat frequency response of at least 200 Hz
			 at the upper end.
3) The person who
			 conducts blasting may satisfy the provisions of subsection (b) by meeting any
			 of the three specifications in the chart in subsection (b)(1).
4) If necessary to prevent damages specified
			 in subsection (a), the Department shall specify lower maximum allowable
			 airblast levels than those in subsection (b)(1) for use in the vicinity of a
			 specific blasting operation.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.68 - Use of Explosives: Records of Blasting Operations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A record of each blast, including
			 seismograph reports, shall be retained by the operator for at least three (3)
			 years and shall be available for inspection by the Department and the public on
			 request. The record is to be completed by the end of the work day following the
			 day in which the blast occurred, including the seismograph meter reading, if
			 available, and shall contain the following data:
1) Name of the operator conducting the
			 blast;
2) Location, date, and time
			 of blast;
3) Name, signature, and
			 certification number of the blaster conducting the blast;
4) The name of the owner or resident of, and
			 the direction and distance, in feet, to the nearest dwelling, school, church,
			 or commercial, or institutional building either:
A) Not located in the permit area;
			 or
B) Not owned by the person who
			 conducts the surface mining activities.
5) Type of material blasted;
6) Number of holes, burden, and
			 spacing;
7) Diameter and depth of
			 holes;
8) Types of explosives
			 used;
9) Total weight of explosives
			 used;
10) Weight of explosives used
			 per hole;
11) Maximum weight of
			 explosives detonated within any eight (8) millisecond period;
12) Maximum number of holes or decks
			 detonated within any eight (8) millisecond period;
13) Initiation system;
14) Type and length of stemming;
15) Type of delay detonator and delay periods
			 used;
16) Sketch of the delay
			 pattern, including decking;
17)
			 Reasons and conditions for each unscheduled blast;
18) Wind velocity and direction;
			 and
19) Weather conditions,
			 including those which may cause possible adverse blasting effects.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.71 - Disposal of Excess Spoil: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Excess spoil shall be placed in designated
			 disposal areas within a permit area, in a controlled manner to:
1) Minimize the adverse effects of leachate
			 and surface water runoff from the fill on surface and ground waters;
2) Ensure mass stability and prevent mass
			 movement during and after construction; and
3) Ensure that the final fill is suitable for
			 reclamation and revegetation compatible with the natural surroundings and the
			 approved post-mining land use.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.72 - Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills

Current through Register Vol. 48, No. 28, July 12, 2024
Valley fills and head-of-hollow-fills shall meet all of the
				requirements of Section
				1816.71
				and the additional requirements of this Section.
a) The fill shall be designed to attain a
			 long-term static safety factor of
			 1.5 based upon data
			 obtained from subsurface exploration, geotechnical testing, foundation design,
			 and accepted engineering analyses.
b) Drainage control.
1) The top surface of the completed fill
			 shall be graded such that the final slope after settlement will be toward
			 properly designed drainage channels. Uncontrolled surface drainage may not be
			 directed over the outslope of the fill.
2) Runoff from areas above the fill and
			 runoff from the surface of the fill shall be diverted into stabilized diversion
			 channels designed to meet the requirements of Section
			 1816.43 and, in
			 addition, to safely pass the runoff from a one hundred (100) year, six (6) hour
			 precipitation event.