reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart A - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Section 300.180 - Bond Release Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Full
				Release of Bond
As soon as all reclamation work prescribed in the
				  conservation and reclamation plan approved by the Department is completed, the
				  operator may notify the Department by completing and forwarding MLCR Form 6,
				  "Notice of Completed Reclamation," and a map of the acreage to be released if
				  different from the original affected acreage map, to the Department. Upon
				  receipt of MLCR Form 6, "Notice of Completed Reclamation," the Department shall
				  proceed as soon as practical to make its determination as to approval of the
				  reclamation work and shall either forward the "Notice of Release," MLCR Form 7,
				  to the operator, the bonding agency, the county clerk of each county containing
				  lands affected, and each municipality listed in the permit application pursuant
				  to Section
				  300.50(a)(16)
				  or notify the operator in writing of all reasons for disapproval.
b) Partial Release of Bond
An operator may have the amount of the bond or security
				  reduced to $100 per acre when the Department determines that grading and
				  construction of soil conservation structures and covering with materials
				  capable of supporting vegetation in accordance with the conservation and
				  reclamation plan has been satisfactorily completed on a parcel of affected
				  land. As soon as all the grading work prescribed in the conservation and
				  reclamation plan approved by the Department is completed, the operator may
				  notify the Department by completing and forwarding MLCR Form 6, "Notice of
				  Completed Reclamation." The Department shall proceed as soon as practical to
				  make its determination as to approval of the grading work and either forward
				  the "Notice of Partial Release," MLCR Form 7, to the operator, the bonding
				  agency, the county clerk of each county containing lands affected, and each
				  municipality listed in the permit application pursuant to Section
				  300.50(a)(16)
				  or notify the operator in writing of all reasons for disapproval. After partial
				  release of the bond, the $100 bond per acre or security shall then remain in
				  effect until the reclamation process is completed.
c) Review of Released Bond
A release of bond under either subsection (a) or (b) may be
				  reviewed under the procedures outlined in Section
				  300.40(e)
				  of this Part.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.200 - Scope of this Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall cover the use of explosives in non-coal
				  mineral extraction operations pursuant to Section 6.5 of the Surface-Mined Land
				  Conservation and Reclamation Act and includes all explosive use required for
				  the purpose of surface mining operations. This Subpart is intended to
				  supplement and not supersede the requirements of any other federal or Illinois
				  statute or regulation. Inasmuch as the provisions of this Subpart contradict
				  such other statute or regulation, that statute or regulation shall
				  control.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.205 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these regulations is to ensure that blasting
				  operations are conducted to prevent injury to persons, damage to public and
				  private property and the safety and welfare of the public.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.215 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				person who conducts blasting operations shall comply with all applicable State
				and federal laws governing the use of explosives.
b) Each blast shall be designed, executed and
				detonated by a licensed blaster. The licensed blaster must be present during
				each phase of the loading and detonation process. The licensed blaster may
				appoint another individual who is deemed competent and meets all requirements
				to handle explosives in Illinois to detonate a blast. However, the licensed
				blaster must be physically present during the detonation process.
c) All blasting shall be conducted between
				sunrise and sunset except in emergency situations where unscheduled blasting is
				required to ensure operator or public safety. In such cases, the operator shall
				notify the Department in writing within 72 hours after the unscheduled blast,
				stating the reasons for the unscheduled blast. After review of the
				notification, the Department shall determine whether the unscheduled blast was
				an emergency and take enforcement action if necessary.
d) Blasts consisting of explosive materials
				loaded into blastholes and of which the explosives are unable to be removed and
				stored in a Department certified explosive storage magazine must be attended by
				an Individual Explosive License holder, Licensed Blaster, Illinois Surface Coal
				Certification holder, or persons meeting the exemptions of 62 Ill. Adm. Code
				200.90(d)(5) at
				all times. No explosives shall be left unattended.
e) Explosives may be used to clear blockage
				in crushing operations at any time provided the explosive charge does not
				exceed one pound, and the operator complies with all other requirements of this
				Part, except those found in subsection (c).
f) Vehicles and equipment shall not be driven
				over explosive material or initiating systems.
g) Prior to firing a blast:
1) Ample warning shall be given to allow all
				persons to be evacuated.
2) All
				access routes to the blasting zone shall be guarded or barricaded to prevent
				the passage of unauthorized persons or vehicles.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.225 - 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 and damage to public or private property outside the blasting
				zone.
b) Airblast limits
1) Airblast shall be controlled so that it
				does not exceed the values specified below at any protected structure, unless
				such structure is owned by the operator and not leased to any other person, or
				a waiver has been obtained in accordance with subsection (g).
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
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 this subsection (b) by
				meeting any of the three specifications in the chart in subsection
				(b)(1).
4) To ensure compliance
				with the limits contained in this Section, the Department may require an
				airblast measurement of any or all blasts, and may specify the location of such
				measurements.
5) Any exceedance of
				the airblast limitations listed in subsection (b)(1) shall be reported to an
				authorized representative of the Department immediately by phone and in writing
				or email within 24 hours of telephone notification. Telephone numbers can be
				found at www.dnr.illinois.gov/mines/ead/documents/districtmap.pdf.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.230 - Use of Explosives; Blasting Signs, Warnings, and Access Control

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 mine
				operator;
2) Be of uniform design
				that can be easily seen and read; and
3) Be made of durable material.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.235 - Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) Training
				required in this Section, for those persons not previously trained in the
				subjects required in this Section, shall be conducted by the Department. The
				training must meet the requirements of this Section.
b) The training for blaster's licensure shall
				include instruction in:
1) The design and
				layout of blasts, including geology, topography and the proper use of
				delays.
2) Control of ground
				vibration.
3) Control of flyrock
				and airblast.
4) Design and loading
				of boreholes.
5) Priming and
				boosting.
6) Tamping and stemming,
				including methods and materials.
7)
				Blast initiation systems.
8) The
				use of blasting machines.
9) The
				use of circuit testing equipment.
10) The general properties of explosives,
				including blasting agents and selection criteria.
11) Ground vibration, airblast and
				monitoring.
12) The use of ground
				vibration and airblast records as blast design factors.
13) The need for accurate reports and
				blasting logs and their proper preparation.
14) Current Illinois and Federal laws and
				regulations pertaining to blasting at the operation.
15) Planning for unpredictable blasting
				hazards to the public and mine personnel. Illustrative examples are adverse
				weather, stray electrical currents, flyrock, radio frequency energy and
				misfires.
16) Signs, warning
				signals and control of the potential flyrock area.
17) Site security and safety.
18) Handling, transportation and storage of
				explosives.
19) New technology as
				it develops and is implemented in the field.
20) Training and licensure
				requirements.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.236 - Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
				examinations for blaster licensure shall be administered at least semiannually,
				on dates and at times and locations announced by the Department via news
				releases and direct communication with operators and individuals who request,
				in writing, to be so notified. In the case of occurrences beyond the
				Department's control, scheduled examinations and training may be postponed
				until the earliest opportunity. All persons scheduled for a regular examination
				session will be so notified at least one week prior to the scheduled exam
				date.
b) Reexaminations shall be
				scheduled, if needed, for those persons who do not pass the regularly scheduled
				examination. All persons scheduled for reexamination during the reexamination
				session will be so notified at least one week prior to the scheduled
				reexamination session.
c) If the
				applicant cannot attend the examination or reexamination session for which the
				applicant is scheduled, the applicant shall so inform the Department at least
				one day in advance of the examination date. Failure to do so will result in the
				application being rejected, and the applicant having to reapply for licensure.
				Any person who cannot attend such a session and who informs the Department in
				accordance with this Section will be scheduled for the next examination or
				reexamination session.
d)
				Applicants for blaster licensure shall be examined on the topics set forth in
				Section 300.235(b).
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.237 - Application and Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				applicant shall submit a completed application for licensure on forms supplied
				by the Department. The application shall be accompanied by the required fee,
				which is non-refundable. Any applicant whose completed application has been
				received, reviewed and accepted by the Department prior to a regularly
				scheduled examination session shall be scheduled for that session. The
				completed application shall include:
1) Proof
				of the applicant's blasting experience, which shall include:
A) A notarized statement from the applicant's
				employer or a licensed blaster having personal knowledge of the applicant's
				blasting experience relating to the subjects listed in Section
				300.235 of this Part, and
				affirming that the applicant has had at least two years blasting experience
				within the previous five years as it relates to aggregate mining; or
B) A notarized statement from an Illinois
				licensed blaster who directly supervised the applicant, affirming that the
				applicant has experience with the following: proper blast design to comply with
				the regulatory requirements of this Part, drilling, loading, initiation systems
				and delay timing, monitoring requirements, and blasting zone security and
				safety. The applicant's experience shall have included detailed involvement
				with at least 120 aggregate mining blasts which have taken place within the
				previous five years.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.238 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The following fees shall be paid to the Department for
				  administration of the Act and are non-refundable. The fees submitted shall be
				  in the form of a personal check, company check, cashier's check or money order
				  made payable to the Illinois Department of Natural Resources, Office of Mines
				  and Minerals.
a) The fee for an
				application is $150.
b) The fee for
				reexamination of an applicant is $50.
c) The renewal fee for a license is
				$150.
d) The fee for a temporary
				license is $300.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.239 - Denial, Issuance of Notice of Infraction, Suspension, Revocation and Other Administrative Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall deny an application
				for, or may revoke or suspend, a license under the provisions of this Section
				if the Department finds that the applicant or licensee:
1) has willfully violated any provisions of
				the Act or this Part;
2) has made
				material misstatement or knowingly withheld information in connection with any
				original or renewal application;
3)
				has falsified or misrepresented documentation related to a blast record or
				explosive use;
4) has been declared
				incompetent by any competent court by reasons of mental or physical defect or
				disease unless a court has since declared the applicant or licensee
				competent;
5) unlawfully uses or is
				under the influence of alcohol or drugs in the workplace;
6) is a fugitive from justice.
7) is under the age of 21 years
				old;
8) has been convicted in any
				court of a crime punishable by imprisonment for a term exceeding one
				year;
9) is under indictment or
				formally charged for a crime punishable by imprisonment for a term exceeding
				one year;
10) is an unlawful user
				of or addicted to any controlled substance;
11) has been adjudicated as a person with a
				mental disability;
12) is not a
				legal citizen of the United States or lawfully admitted for permanent
				residence;
13) has been other than
				honorably discharged from the armed services; and
14) has any outstanding, unpaid, violations
				with the Department.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.245 - Notices of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				authorized representative of the Department shall issue a notice of violation
				if, on the basis of an inspection, the authorized representative finds a
				violation (of this Part) for which a cessation order may not be issued under
				Section 300.246.
b) A notice of violation issued under this
				Section shall be in writing, signed by the authorized representative who issued
				it, and shall set forth with reasonable specificity:
1) The nature of the violation;
2) Statute Sections or regulations
				violated;
3) The remedial action
				required, which may include interim steps;
4) A reasonable time for abatement, which may
				include time for accomplishment of interim steps; and
5) A reasonable description of the portion of
				the blasting area to which it applies.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.246 - Cessation Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Standards for
				Issuance
1) An authorized representative of
				the Department shall immediately order a cessation of blasting operations if
				the authorized representative finds, on the basis of any State inspection, any
				condition or practice, or any violation of Section 6.5 of the Act, which may
				cause injury to persons or damage to public or private property outside the
				blasting zone.
2) If the cessation
				order will not completely abate the imminent danger or harm in the most
				expeditious manner possible, the authorized representative of the Department
				shall impose affirmative obligations on the operator to whom it is issued to
				abate the condition, practice or violation. The order shall specify the time by
				which abatement shall be accomplished and may require, among other things, the
				use of existing or additional personnel and equipment.
3) Third and subsequent violations of the
				same rule within a one year period from the date of issuance of the first
				violation or the date of the final administrative or judicial decision may
				result in a cessation of blasting operations.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.247 - Office of Mines and Minerals Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of a notice of violation or
				cessation order, the Director of the Office of Mines and Minerals, or the
				Director's designee, shall conduct an investigation and either affirm, vacate
				or modify the notice of violation or cessation order.
b) Modification of the Notice of Violation or
				Cessation Order may include:
1) Any different
				or additional remedial actions necessary to abate the violation and the time
				within which the violation must be abated;
2) The assessment of civil penalties for each
				and every act of violation;
3)
				Probationary or permanent modification or conditions on the blasting site which
				may include special monitoring or reporting requirements;
4) The extension of time set for abatement or
				for accomplishment of an interim step may be extended due to the existence of
				any additional conditions or factors in aggravation or mitigation of the
				violation, including information provided by the operator, if the failure to
				meet the time previously set was not caused by lack of diligence on the part of
				the operator to whom it was issued; and
5) Termination (when all abatement action
				required by the Department has been completed).
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.248 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator
				shall have 30 days from the date of service of the Office of Mines and Minerals
				Decision to request a hearing. All requests for hearing shall be mailed or
				delivered to the Illinois Department of Natural Resources, Office of Mines and
				Minerals, Explosives and Aggregate Division, One Natural Resources Way,
				Springfield, Illinois 62702.
b)
				Upon receipt of a request for hearing submitted in accordance with subsection
				(a), the Department shall provide an opportunity for a formal hearing upon not
				less than 5 days after written notice mailed to the operator submitting the
				hearing request. The hearing shall be conducted by a hearing officer designated
				by the Director and shall be conducted in accordance with the following
				procedures:
1) Pre-hearing conferences:
A) Shall be scheduled within 30 days after
				the request for hearing:
i) to define the
				factual and legal issues to be litigated at the administrative
				hearing;
ii) to determine the
				timing and scope of discovery available to the parties;
iii) to set a date for the parties to
				exchange all documents they intend to introduce into evidence during the
				hearing, a list of all witnesses the parties intend to have testify and a
				summary of the testimony of each such witness;
iv) to schedule a date for the administrative
				hearing; and
v) to arrive at an
				equitable settlement of the hearing request, if possible.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.249 - Temporary Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pending the
				holding of a hearing or entry of a final administrative decision relating to a
				cessation order issued under Section
				300.246, the
				operator affected by the Department's action may file a written request for
				temporary relief from the cessation order, together with a detailed statement
				giving reasons for granting such relief. The operator shall file the request
				for temporary relief within 14 days after service of the cessation
				order.
b) The Department shall
				commence a hearing within 5 days after receipt of a timely request for
				temporary relief and may grant such relief, under such conditions as it may
				prescribe, if the operator requesting temporary relief shows a substantial
				likelihood that the findings of the Department will be favorable to him and
				such relief will not adversely affect the health or safety of the public or
				cause significant environmental harm or significant damage to
				property.
c) All hearings under
				this Section shall be conducted by a hearing officer designated by the Director
				in accordance with the contested case provisions set forth in Article 10 of the
				Illinois Administrative Procedure Act [5 ILCS 100 /Art 10]. All hearings under
				this Section shall be conducted in Springfield, Illinois.
d) The Department's hearing officer shall
				issue a final administrative decision granting or denying temporary relief from
				the cessation order within 7 days after the close of the administrative
				record.
e) Judicial Review.
				Following service of the Department's final administrative decision granting or
				denying temporary relief from the cessation order, the operator may request
				judicial review of that decision in accordance with the Administrative Review
				Law [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › Section 300.250 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party to
				proceedings brought under Sections
				300.248 and
				300.249 of this
				Part may apply for subpoenas to compel the attendance of witnesses and the
				production of relevant documents.
b) The applicant shall submit the subpoena
				request to the Department's hearing officer. The subpoena request shall
				specifically identify the witness or relevant documents sought to be
				produced.
c) The hearing officer
				shall issue subpoenas within 7 calendar days from the receipt of a request made
				in accordance with subsection (b) above and deliver the subpoena to the
				applicant who shall serve all subpoenas issued by certified mail, return
				receipt requested, at least 7 days before the date set for the hearing. Any
				witness shall respond to any lawful subpoena of which he has actual knowledge,
				if payment of the witness fee and mileage applicable in the State circuit
				courts has been tendered. Service of a subpoena may be proved prima facie by a
				return receipt signed by the witness or his authorized agent and an affidavit
				showing that the mailing was prepaid and was addressed to the witness,
				restricted delivery, with a check or money order for the fee and mileage
				enclosed.
d) Any party served with
				a subpoena under this Section may file with the hearing officer, and serve on
				all parties, a motion for an order quashing the subpoena, in whole or in part.
				All motions to quash filed under this subsection shall set forth a factual
				and/or legal basis for granting such relief.
e) The hearing officer shall issue, and serve
				on all parties, a decision granting or denying the motion to quash within 7
				calendar days from the receipt of the motion.
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › ILLUSTRATION A - Tree Sampling Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
TREE SAMPLING PROCEDURE
Click here to
				  view image
Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS › ILLUSTRATION B - Typical Sections

Current through Register Vol. 48, No. 28, July 12, 2024
TYPICAL
				  SECTIONS
Click here to
				  view image
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.11 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The requirements
			 of 62 Ill. Adm. Code 1700 through 1850 apply to all coal exploration and
			 surface coal mining and reclamation operations, except:
1) The extraction of coal by a landowner or
			 lessee for the landowner's or lessee's own noncommercial use from land owned or
			 leased by him or her where 250 tons or less of coal are removed in any 12
			 consecutive months. Noncommercial use does not include the extraction of coal
			 by one unit of an integrated company or other business or nonprofit entity
			 which uses the coal in its own manufacturing or power plants;
2) The extraction of coal incidental to the
			 extraction of other minerals where coal does not exceed
			 162/3% of the total mineral
			 tonnage mined for purposes of commercial use or sale in accordance with 62 Ill.
			 Adm. Code 1702;
3) Coal exploration
			 on lands subject to the requirements of 43 CFR 3480 - 3487(1994); and
4) The extraction of coal on Federal lands
			 except to the extent provided under a cooperative agreement with the United
			 States. (Section 1.06 of the Surface Coal Mining Land Conservation and
			 Reclamation Act [225 ILCS
			 720/1.06(d) ])
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.12 - Petitions to Initiate Rulemakings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any person may petition the Department to initiate a proceeding for the
			 issuance, amendment, or repeal of any regulation under the Surface Coal Mining
			 Land Conservation and Reclamation Act [225 ILCS 720 ] (the State Act). The
			 petition shall be submitted to the Department's Springfield office.
b) The petition shall be a concise statement
			 of the facts, technical justification, and law which require issuance,
			 amendment, or repeal of a regulation under the State Act and whether the
			 petitioner wants a public hearing.
c) Upon receiving the petition, the Director
			 shall determine if the petition sets forth facts, technical justification, and
			 law which may provide a reasonable basis for issuance, amendment or repeal of a
			 regulation. A reasonable basis is not facts, technical justification, or law
			 previously considered in a petition for rulemaking. The Director shall hold a
			 public hearing, if requested, to determine whether the petition shall be
			 granted.
d) Within 90 days after
			 receiving the petition, the Director shall issue a final written decision
			 either granting or denying the petition. The Director's decision shall
			 constitute the final decision for the Department.
1) If the Director grants the petition, the
			 Director shall, at the time he issues the decision, submit the proposed rule to
			 the Administrative Code Division of the Secretary of State with a notice and
			 text of the proposed rulemaking; or
2) If the Director denies the petition, the
			 Director shall notify the petitioner in writing, stating the reasons for
			 denial.
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.13 - Notice of Citizen Suits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 person who intends to initiate a civil action under Section 8.05 of the State
			 Act shall give notice of intent to do so, according to this Section.
b) Notice shall be given by certified mail to
			 the Director, the alleged violator and when federal lands or actions of the
			 Office of Surface Mining Reclamation and Enforcement are involved, to the
			 Secretary of the U.S. Department of the Interior and the Director or Acting
			 Director of the Office of Surface Mining Reclamation and Enforcement within the
			 U.S. Department of the Interior. The notice shall be sent by first class mail
			 to the Field Office Director of the Office of Surface Mining Reclamation and
			 Enforcement in Springfield.
c)
			 Service of notice under this Section is complete upon mailing to the last known
			 address of each person being notified.
d) A person giving notice regarding an
			 alleged violation shall state, to the extent known:
1) Sufficient information to identify the
			 provision of the State Act, regulation, order, or permit allegedly
			 violated;
2) The act or omission
			 alleged to constitute a violation;
3) The name, address, and telephone numbers
			 of the person or persons responsible for the alleged violation;
4) The date, time, and location of the
			 alleged violation;
5) The name,
			 address, and telephone number of the person giving notice; and
6) The name, address, and telephone number of
			 legal counsel, if any, of the person giving notice.
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.14 - Availability of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Records
			 required by the State Act to be made available locally to the public shall be
			 retained at the geographically closest office of the Department.
b) Other records or documents in the
			 possession of the Department may be requested. Persons requesting copies shall
			 pay charges to defray the cost of copying.
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.15 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 otherwise provided, computation of time under these regulations is based on
			 calendar days.
b) In computing any
			 period of prescribed time, the day on which the designated period of time
			 begins is not included. The last day of the period is included unless it is a
			 Saturday, Sunday, or legal holiday on which the Department is not open for
			 business, in which event the period runs until the end of the next day which is
			 not a Saturday, Sunday, or legal holiday.
c) Intermediate Saturdays, Sundays, and legal
			 holidays are excluded from the computation when the period of prescribed time
			 is seven (7) days or less.
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.16 - Fees and Forfeitures

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 fees collected under the provision of the State Act shall be deposited in the
			 Coal Mining Regulatory Fund in the State Treasury.
b) All forfeitures collected under the
			 provision of the State Act shall be deposited in the reclamation fund to be
			 used for the purposes for which the bond was issued. Any forfeited funds
			 remaining after the completion of reclamation as required by the permit and the
			 State Act and regulations shall be returned to the party from whom the funds
			 were collected.
Illinois Administrative Code › Title 62 - MINING › Part 1700 - GENERAL › Section 1700.17 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Duties
			 and Powers. In addition to the duties and powers of the Department prescribed
			 by the Civil Administrative Code of Illinois [20 ILCS 801 ], the Department
			 shall have full powers and authority to carry out and administer the provision
			 of the State Act. The Department has the power and the duty to act as the
			 regulatory authority for the State of Illinois under the Federal Act ( 30 USCA
			 1201 et seq.), to submit and implement a State program under the Federal Act,
			 and to apply for, receive, receipt for and use for and in behalf of the State
			 such moneys and property as are given or granted under the Federal Act or any
			 other federal law, or from any other lawful public and private source, for the
			 purposes of the State Act. [225 ILCS
			 720/9.02 ]
b) Cooperative Agreements. The Department may
			 enter into cooperative agreements with the United States Secretary of the
			 Interior under which the State will regulate mining on Federal lands.
			 [225 ILCS
			 720/9.03 ]
c) Delegation to Other Agencies. The
			 Department may delegate responsibilities, other than final action on permits,
			 to other State agencies with the authority and technical expertise to carry out
			 such responsibilities, with the consent of such agencies. The Department may
			 contract with any State officer or agency to administer responsibilities under
			 this Act as may be deemed necessary and appropriate to provide for effective
			 administration hereof, without unreasonable or unnecessary cost or duplication
			 of effort, and taking into account the need to deliver fair and effective
			 governmental service to the interested public. [225 ILCS
			 720/9.04 ]
d) Coordination with Other Agencies. The
			 Department shall work with other agencies to coordinate, simplify, and expedite
			 the procedures required to obtain permits and approvals from the State for
			 mining operations. [225 ILCS
			 720/9.05 ]
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part implements the exemption contained in Section 1.06(b)
				of the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev.
				Stat. 1989, ch. 96 1/2, par. 7901.06(b) ) (State Act) concerning the extraction
				of coal incidental to the extraction of other minerals where coal does not
				exceed 16 2/3 percent of the total mineral tonnage mined for purposes of
				commercial use or sale.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the following terms have the meaning
				specified, except where otherwise indicated:
a) "Cumulative measurement period" means the
			 period of time over which both cumulative production and cumulative revenue are
			 measured.
1) For purposes of determining the
			 beginning of the cumulative measurement period, subject to the Department's
			 approval, the operator must select and consistently use one of the following:
A) For mining areas where coal or other
			 minerals were extracted prior to August 3, 1977, the date extraction of coal or
			 other minerals commenced at that mining area or August 3, 1977; or
B) For mining areas where extraction of coal
			 or other minerals commenced on or after August 3, 1977, the date extraction of
			 coal or other minerals commenced at that mining area.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.10 - Information Collection

Current through Register Vol. 48, No. 28, July 12, 2024
The collections of information contained in Sections
				1702.11,
				1702.12,
				1702.13,
				1702.15
				and
				1702.18
				will be used to determine the initial and continuing applicability of the
				incidental mining exemption to a particular mining operation. Response is
				required to obtain and maintain the incidental mining exemption in accordance
				with Section 1.06(b) of the State Act.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.11 - Application Requirements and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application for exemption.
1) Any person who plans to commence or
			 continue coal extraction after the effective date of this Part in reliance on
			 the incidental mining exemption shall file a complete application for exemption
			 with the Illinois Department of Natural Resources (Department) for each mining
			 area.
2) No person may commence
			 coal extraction based upon the exemption until the Department approves such
			 application for exemption, except as provided in subsection (e)(3)
			 below.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.12 - Contents of Application for Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
An application for exemption shall include:
a) The name and address of the
			 applicant;
b) A list of the
			 minerals sought to be extracted;
c)
			 Estimates of annual production of coal and the other minerals within each
			 mining area over the anticipated life of the mining operation;
d) Estimated annual revenues to be derived
			 from bona fide sales of coal and other minerals to be extracted from the mining
			 area;
e) Where coal or the other
			 minerals are to be used rather than sold, estimated annual fair market values
			 at the time of projected use of the coal and other minerals to be extracted
			 from the mining area;
f) The basis
			 of annual production, revenue, and fair market value estimates;
g) A description, including county, township
			 if any, and boundaries of the land, of sufficient certainty that the mining
			 areas may be located and distinguished from other mining areas;
h) An estimate to the nearest acre of the
			 number of acres that will compose the mining area over the anticipated life of
			 the mining operations;
i) Evidence
			 of publication, in a newspaper of general circulation in the county of the
			 mining area, of a public notice that an application for exemption has been
			 filed with the Department. The public notice must identify the persons claiming
			 the exemption and must contain a description of the proposed operation and its
			 locality that is sufficient for interested persons to identify the
			 operation;
j) Representative
			 stratigraphic cross-section(s) based on test borings or other information
			 identifying and showing the relative position, approximate thickness and
			 density of the coal and each other mineral to be extracted for commercial use
			 or sale and the relative position and thickness of any material, not classified
			 as other minerals, that will also be extracted during the conduct of mining
			 activities;
k) A map of appropriate
			 scale which clearly identifies the mining area;
l) A general description of mining and
			 mineral processing activities for the mining area;
m) A summary of sales commitments and
			 agreements for future delivery, if any, which the applicant has received for
			 other minerals to be extracted from the mining area, or a description of
			 potential markets for such minerals;
n) If the other minerals are to be
			 commercially used by the applicant, a description specifying the use;
o) For operations having extracted coal or
			 other minerals prior to filing an application for exemption, in addition to the
			 information required above, the following information must also be submitted:
1) Any documents the operator has received
			 from the Department documenting its exemption from the requirements of the
			 State Act;
2) The cumulative
			 production of the coal and other minerals from the mining area;
3) Estimated tonnages of stockpiled coal and
			 other minerals; and
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.13 - Public Availability of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in Section
			 1702.13(b),
			 all information submitted to the Department under this Part shall be made
			 immediately available for public inspection and copying at the Department's
			 Springfield and Benton Land Reclamation Division Offices until at least three
			 (3) years after expiration of the period during which the subject mining area
			 is active.
b) The Department may
			 keep information submitted under this Part confidential if the person
			 submitting it requests in writing, at the time of submission, that it be kept
			 confidential and the information concerns trade secrets or is privileged
			 commercial or financial information of the persons intending to conduct
			 operations under this Part.
c)
			 Information requested to be held as confidential under Section
			 1702.13(b)
			 shall not be made publicly available until after notice and opportunity to be
			 heard is afforded persons both seeking and opposing disclosure of the
			 information.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.14 - Requirements for Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Activities are exempt from the requirements of the State Act if all of the
			 following are satisfied:
1) The cumulative
			 production of coal extracted from the mining area determined annually as
			 described in this Section does not exceed 16 2/3 percent of the total
			 cumulative production of coal and other minerals removed during such period for
			 purposes of bona fide sale or reasonable commercial use.
2) Coal is produced from a geological stratum
			 lying above or immediately below the deepest stratum from which other minerals
			 are extracted for purposes of bona fide sale or reasonable commercial
			 use.
3) The cumulative revenue
			 derived from the coal extracted from the mining area determined annually shall
			 not exceed fifty (50) percent of the total cumulative revenue derived from the
			 coal and other minerals removed for purposes of bona fide sale or reasonable
			 commercial use. If the coal extracted or the minerals removed are used by the
			 operator or transferred to a related entity for use instead of being sold in a
			 bona fide sale, then the fair market value of the coal or other minerals shall
			 be calculated at the time of use or transfer and shall be considered rather
			 than revenue.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.15 - Conditions of Exemption and Right of Inspection and Entry

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person conducting activities covered by
			 this Part shall:
1) Maintain on-site or at
			 other locations available to authorized representatives of the Department or
			 the Secretary of the Interior (Secretary) information necessary to verify the
			 exemption including, but not limited to, commercial use and sales information,
			 extraction tonnages, and a copy of the exemption application and exemption
			 approved by the Department;
2)
			 Notify the Department upon the completion of the mining operation or permanent
			 cessation of all coal extraction activities; and
3) Conduct operations in accordance with the
			 approved application or when authorized to extract coal under Section
			 1702.11(b)
			 or Section
			 1702.11(e)(3)
			  prior to submittal or approval of an
			 exemption application, in accordance with the standards of this Part.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.16 - Stockpiling of Minerals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Coal.
			 Coal extracted and stockpiled may be excluded from the calculation of
			 cumulative production until the time of its sale, transfer to a related entity
			 or use:
1) Up to an amount equaling a 12-month
			 supply of the coal required for future sale, transfer or use as calculated
			 based upon the average annual sales, transfer and use from the mining area over
			 the two preceding years; or
2) For
			 a mining area where coal has been extracted for a period of less than two
			 years, up to an amount that would represent a 12-month supply of the coal
			 required for future sales, transfer or use as calculated based on the average
			 amount of coal sold, transferred or used each month.