reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 1819 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - AUGER MINING › Section 1819.19 - Auger Mining: Backfilling and Grading

Current through Register Vol. 48, No. 28, July 12, 2024
a) Auger mining shall be conducted in
			 accordance with the backfilling and grading requirements of 62 Ill. Adm. Code
			 1816.102
			 and
			 1816.104
			 through
			 1816.106.
b) Where auger mining operations affect
			 previously mined areas that were not reclaimed to the standards of 62 Ill. Adm.
			 Code 1810 - 1828 and the volume of all reasonably available spoil is
			 demonstrated in writing to the Department to be insufficient to completely
			 backfill the highwall, the highwall shall be eliminated to the maximum extent
			 technically practicable in accordance with the following criteria:
1) The person who conducts the auger mining
			 operation shall demonstrate to the Department that the backfill, designed by a
			 qualified registered professional engineer, has a minimum static safety factor
			 for the stability of the backfill of at least
			 1.3.
2) All spoil generated by the auger mining
			 operation and any associated surface coal mining and reclamation operation, and
			 any other reasonably available spoil shall be used to backfill the area.
			 Reasonably available spoil shall include spoil generated by the mining
			 operation and other spoil located in the permit area that is accessible and
			 available for use and that when rehandled will not cause a hazard to the public
			 safety or significant damage to the environment. For this purpose, the permit
			 area shall include spoil in the immediate vicinity of the auger mining
			 operation.
3) The coal seam mined
			 shall be covered with a minimum of four (4) feet of nonacid- , nontoxic-forming
			 material and the backfill graded in accordance with subsection (a).
4) Any remnant of the highwall shall be
			 stable and not pose a hazard to the public health and safety or the
			 environment.
5) Spoil placed on the
			 outslope during previous mining operations shall not be disturbed if such
			 disturbances will cause instability of the remaining spoil or otherwise
			 increase the hazard to the public health and safety or to the
			 environment.
Illinois Administrative Code › Title 62 - MINING › Part 1819 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - AUGER MINING › Section 1819.21 - Auger Mining: Protection of Underground Mining

Current through Register Vol. 48, No. 28, July 12, 2024
Auger holes shall not extend closer than five hundred (500)
				feet (measured horizontally) to any abandoned or active underground mine
				workings, except as approved in accordance with 62 Ill. Adm. Code
				1816.79.
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth special environmental protection
				performance, reclamation, and design standards for surface coal mining and
				reclamation operations on prime farmland.
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.2 - Objective

Current through Register Vol. 48, No. 28, July 12, 2024
The objective of this Part is to set forth those soil removal,
				stockpiling, and replacement operational requirements and revegetation and
				other reclamation standards for prime farmland to ensure both that the land
				will have agricultural productive capacity which is equal after mining to
				premining levels and the land is not lost as an important national
				resource.
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.11 - Prime Farmland: Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Section shall not apply to:
a) Coal preparation plants, support
			 facilities, and roads of underground mines that are actively used over extended
			 periods of time and where uses affect minimal amount of land. Such uses shall
			 meet the requirements of 62 Ill. Adm. Code 1817 for underground mining
			 activities.
b) Disposal areas
			 containing coal mine waste resulting from underground mines that is not
			 technologically and economically feasible to store in underground mines or on
			 non-prime farmland. The operator shall minimize the area of prime farmland used
			 for such purposes.
c) Prime
			 farmland that has been excluded in accordance with 62 Ill. Adm. Code
			 1785.17(a).
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.12 - Prime Farmland: Soil Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Surface coal mining and reclamation
			 operations on prime farmland shall be conducted to:
1) Separately remove the entire A horizon or
			 other suitable soil materials which will create a final soil having an equal or
			 greater productive capacity than that which existed prior to mining;
2) Separately remove, or assure proper
			 placement during mining, the B horizon of the soil, a combination of B horizon
			 and underlying C horizon, or other suitable soil material that will create a
			 reconstructed soil of equal or greater productive capacity than which existed
			 before mining; and
3) Separately
			 remove, the underlying C horizons, other strata, or a combination of horizons
			 or other strata, to be used instead of the B horizon. When replaced, these
			 combinations shall be equal to or more favorable for plant growth than the B
			 horizon.
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.13 - Prime Farmland: Soil Stockpiling

Current through Register Vol. 48, No. 28, July 12, 2024
If not utilized immediately, the A horizon or other suitable
				soil materials specified in Section
				1823.12(a)(1)
				 and the B horizon or other suitable soil
				materials specified in Section
				1823.12(a)(2) and
				(a)(3) shall be stored separately from each
				other and from spoil. These stockpiles shall be placed within the permit area
				where they are not disturbed or exposed to excessive water or wind erosion
				before the stockpiled horizons can be redistributed. Stockpiles in place for
				more than thirty (30) days shall meet the requirements of 62 Ill. Adm. Code
				1816.12 or 62 Ill. Adm. Code
				1817.23.
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.14 - Prime Farmland: Soil Replacement

Current through Register Vol. 48, No. 28, July 12, 2024
Surface coal mining and reclamation operations on prime
				farmland shall be conducted according to the following:
a) Requirements
1) The minimum depth of soil and soil
			 material to be reconstructed for prime farmland shall be 48 inches except where
			 a natural rock formation occurs at shallower depths. The Department shall
			 specify a depth greater than 48 inches wherever necessary to restore productive
			 capacity due to uniquely favorable soil horizons at greater depths;
			 and
2) Subsections (a)(1) and (d)
			 shall not apply to prime farmland fragipan soils. Prime farmland fragipan soil
			 shall be reconstructed in accordance with 62 Ill. Adm. Code
			 1825.14(a)(1),
			 (a)(2), (a)(3), and (a)(5). For the purposes
			 of this provision, prime farmland fragipan soils are specific soils classified
			 as prime farmland that are underlain with a diagnostic subsurface horizon
			 designated as a fragipan by the Soil Conservation Service of the U.S.
			 Department of Agriculture according to the criteria set in Soil Taxonomy,
			 U.S.D.A. Handbook AH 436, including the following soils found in Illinois: Ava,
			 Grantsburg, and Hosmer series as defined by the Soil Interpretation Sheets of
			 the Natural Resources Conservation Service;
Illinois Administrative Code › Title 62 - MINING › Part 1823 - SPECIAL PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 1823.15 - Prime Farmland: Revegetation

Current through Register Vol. 48, No. 28, July 12, 2024
Each person who conducts surface coal mining and reclamation
				operations on prime farmland regardless of whether such land has been drilled,
				blasted, or mined, shall meet the following revegetation requirements during
				reclamation:
a) Following soil
			 replacement, that person shall establish a vegetative cover capable of
			 stabilizing the soil surface with respect to erosion. All vegetation shall be
			 in compliance with the plan approved by the Department under 62 Ill. Adm. Code
			 1785.17 and
			 carried out in a manner that encourages prompt vegetative cover and recovery of
			 productive capacity. The timing and mulching provisions of 62 Ill. Adm. Code
			 1816.113 and
			 1816.114
			 or 62 Ill. Adm. Code
			 1817.113 and
			 1817.114
			 shall be met.
b) Measurement of
			 success of prime farmland revegetation shall be conducted in accordance with
			 the following provisions:
1) Measurement of
			 success of revegetation shall be initiated within 10 years after completion of
			 backfilling and final grading of areas of prime farmland in accordance with the
			 approved reclamation plan.
2)
			 Success of revegetation shall be measured in accordance with 62 Ill. Adm. Code
			 1816.116(a)(4)
			 or (a)(6).
3) Revegetation shall be considered a success
			 when crop production is equivalent to or exceeds the production required in 62
			 Ill. Adm. Code
			 1816.116(a)(4)
			 or (a)(6), with 90 percent statistical
			 confidence (i.e., one-sided t test with 0.10 alpha error) for a minimum of 3
			 crop years of a 10 year period, except the first year after augmented seeding,
			 fertilizing, or other management practices, prior to release of the operator's
			 performance bond. The level of management applied during the measurement period
			 shall be the same as the level of management used on nonmined prime farmland in
			 the surrounding area. The 5 year period of extended responsibility shall begin
			 after the last year of augmented seeding, fertilizing or soil treatment and at
			 the time of the planting of the crops to be grown for the productivity showing.
			 Once chosen by the permittee, the productivity alternative in 62 Ill. Adm. Code
			 1816.116(a)(6)
			  may not be modified without approval from
			 the Department.
4) Compliance with
			 this subsection shall not preclude a permittee from demonstrating the required
			 soil productivity under the law by use of soil surveys or other techniques
			 approved consistent with future regulations.
Illinois Administrative Code › Title 62 - MINING › Part 1824 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL › Section 1824.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth special environmental protection
				performance, reclamation, and design standards for surface coal mining
				activities constituting mountaintop removal mining.
Illinois Administrative Code › Title 62 - MINING › Part 1824 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL › Section 1824.2 - Objective

Current through Register Vol. 48, No. 28, July 12, 2024
The objectives of this Part are to:
a) Enhance coal recovery;
b) Reclaim the land to equal or higher
			 postmining use; and
c) Protect and
			 enhance environmental and other values protected under the Act and this
			 Part.
Illinois Administrative Code › Title 62 - MINING › Part 1824 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL › Section 1824.11 - Mountaintop Removal: Performance Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Under an approved regulatory program, surface coal mining
				activities may be conducted under a variance from the requirements of 62 Ill.
				Adm. Code 1810 through 1828 for restoring affected areas to their approximate
				original contour, if:
a) The Illinois
			 Department of Natural Resources (Department) grants the variance under a
			 permit, in accordance with 62 Ill. Adm. Code
			 1785.14;
b) The activities involve the mining of an
			 entire coal seam running through the upper fraction of a mountain, ridge, or
			 hill, by removing all of the overburden and creating a level plateau or gently
			 rolling contour with no highwalls remaining;
c) An industrial, commercial, agricultural,
			 residential, or public facility (including recreational facilities) use is
			 proposed and approved for the affected land;
d) The alternative land-use requirements of
			 62 Ill. Adm. Code
			 1816.133
			 are met;
e) All applicable
			 requirements of 62 Ill. Adm. Code 1810 through 1828 and the regulatory program,
			 other than the requirement to restore affected areas to their approximate
			 original contour, are met;
f) An
			 outcrop barrier of sufficient width, consisting of the toe of the lowest coal
			 seam, and its associated overburden, are retained to prevent slides and
			 erosion, except that the Department may permit an exemption to the retention of
			 the coal barrier requirement if the following conditions are satisfied:
1) The proposed mine site was mined prior to
			 May 3, 1978, and the toe of the lowest seam has been removed; or
2) A coal barrier adjacent to a
			 head-of-hollow fill may be removed after the elevation of a head-of-hollow fill
			 attains the elevation of the coal barrier if the head-of-hollow fill provides
			 the stability otherwise ensured by the retention of a coal barrier.
Illinois Administrative Code › Title 62 - MINING › Part 1825 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON HIGH CAPABILITY LANDS › Section 1825.11 - High Capability Lands: Special Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All high capability lands to be mined and reclaimed shall meet
				the following requirements, or meet the requirements of 62 Ill. Adm. Code
				1816.133:
a) A permit shall be obtained for these
			 operations as required by 62 Ill. Adm. Code 1773;
b) Darkened surface soil materials to be used
			 in the reconstruction of high capability lands shall be removed before drilling
			 for blasting or mining or other surface disturbances, in accordance with
			 Section
			 1825.12
			 and in a manner that prevents mixing or contaminating these materials with
			 undesirable material. Where removal of soil materials results in erosion that
			 may cause air and water pollution, the Illinois Department of Natural Resources
			 (Department) shall specify methods to control erosion of exposed
			 overburden;
c) Revegetation success
			 on high capability lands shall be measured in accordance with 62 Ill. Adm. Code
			 1816.116,
			 except that the five year period of responsibility for revegetation shall
			 commence at the date of initial planting of the crop being grown only in cases
			 where the operator has chosen to show success of revegetation by using the land
			 to grow crops. Measurement of success of revegetation shall be initiated within
			 ten years after completion of backfilling and final grading on high capability
			 land; and
d) The requirements of
			 this Part are in addition to the other requirements of these
			 regulations.
Illinois Administrative Code › Title 62 - MINING › Part 1825 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON HIGH CAPABILITY LANDS › Section 1825.12 - High Capability Lands: Soil Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Surface mining operations on high
			 capability lands shall be conducted as follows:
1) The darkened surface soil shall be removed
			 and segregated, if not used immediately, from other materials. In no cases
			 shall less than the top eight (8) inches of surface soil, darkened or not, be
			 segregated for replacement; and
2)
			 Darkened surface soil segregation and replacement requirements may be altered
			 by the Department only if it has determined the provisions of 62 Ill. Adm. Code
			 1816.22(b)
			 have been met.
Illinois Administrative Code › Title 62 - MINING › Part 1825 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON HIGH CAPABILITY LANDS › Section 1825.13 - High Capability Lands: Soil Stockpiling

Current through Register Vol. 48, No. 28, July 12, 2024
If not used immediately, the darkened surface soil or its
				equivalent as approved by the Department and the root medium if the root medium
				is stockpiled in accordance with Section
				1825.12
				shall be stockpiled separately and these materials shall be stockpiled
				separately from other spoil, and provided needed protection from wind and water
				erosion or contamination by acid or toxic or non-soilmaterial. Signs shall lbe
				erected to indicate the contents of each stockpile.
Illinois Administrative Code › Title 62 - MINING › Part 1825 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON HIGH CAPABILITY LANDS › Section 1825.14 - High Capability Lands: Soil Replacement

Current through Register Vol. 48, No. 28, July 12, 2024
Surface mining operations on high capability lands shall be
				conducted according to the following:
a) The operator shall establish a suitable
			 rooting medium.
1) Texture. In order to be of
			 suitable texture, the materials under the darkened surface soil suitable as a
			 root medium shall contain no more than 20% coarse material (greater than 2 mm
			 in size) by volume. No more than half of the coarse material may be between 3
			 inches and 10 inches in the greatest dimension. No fragments shall be greater
			 in size than 10 inches in the greatest dimension. In no case may clay material
			 of less than 2 microns be greater than 40% by weight of the soil size material
			 nor shall the sand size material of greater than 50 microns be greater than 60%
			 by weight of the soil size material, when clay material content is less than
			 20% by weight.
A) Rapid weathering coarse
			 material, as determined by the Department, may be included in the root medium.
			 If these fragments are allowed, they shall be included in the soil fraction for
			 texture determination and shall not be included in the coarse fragment portion
			 of texture evaluation.
B) These
			 texture requirements do not apply if the soil conditions of the affected land
			 prior to mining did not meet the standards included herein (i.e., if more than
			 20% coarse material by volume existed in the root medium below the darkened
			 surface soil prior to mining, the same percentage or coarse material in the
			 root medium will be allowed after mining; if more than 1/2 of the coarse
			 material consisted of rocks in the 3 to 10 inch size category prior to mining,
			 the same percentage will be permitted after mining; and if more than 40% by
			 weight of clay materials is less than 2 microns in size; and if more than 60%
			 by weight of sand when clay material content is less than 20% by weight existed
			 in the root medium below the darkened surface soil prior to mining, a like
			 percentage by weight will be allowed after mining in the material under the
			 darkened surface soil).
Illinois Administrative Code › Title 62 - MINING › Part 1827 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL PREPARATION PLANTS NOT LOCATED WITHIN THE PERMIT AREA OF A MINE › Section 1827.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth requirements for coal preparation plants
				not within the permit area for a specific mine other than those plants which
				are located at the site of ultimate coal use.
Illinois Administrative Code › Title 62 - MINING › Part 1827 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL PREPARATION PLANTS NOT LOCATED WITHIN THE PERMIT AREA OF A MINE › Section 1827.11 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Each person who operates a coal preparation plant subject to
				this Part shall obtain a permit in accordance with 62 Ill. Adm. Code
				1785.21,
				obtain a bond in accordance with 62 Ill. Adm. Code 1800, and operate that plant
				in accordance with the requirements of this Part.
Illinois Administrative Code › Title 62 - MINING › Part 1827 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL PREPARATION PLANTS NOT LOCATED WITHIN THE PERMIT AREA OF A MINE › Section 1827.12 - Coal Preparation Plants: Performance Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Construction, operation, maintenance, modification,
				reclamation, and removal activities at operations covered by this Part shall
				comply with the following:
a) Signs
			 and markers for the coal preparation plant, coal processing waste disposal
			 area, and water treatment facilities shall comply with 62 Ill. Adm. Code
			 1816.11;
b) Roads shall comply with 62 Ill. Adm. Code
			 1816.150 and
			 1816.151;
c) Any stream channel diversion shall comply
			 with 62 Ill. Adm. Code
			 1816.43;
d) Drainage from any disturbed area related
			 to the coal preparation plant shall comply with 62 Ill. Adm. Code
			 1816.45
			 through
			 1816.47
			 and all discharges from these areas shall meet the requirements of 62 Ill. Adm.
			 Code
			 1816.41
			 and
			 1816.42
			 and any other applicable State or Federal law;
e) Permanent impoundments associated with
			 coal preparation plants shall meet the requirements of 62 Ill. Adm. Code
			 1816.49 and
			 1816.56.
			 Dams constructed of or impounding coal processing waste shall comply with 62
			 Ill. Adm. Code
			 1816.84;
f) Support facilities related to the coal
			 preparation plant shall comply with 62 Ill. Adm. Code
			 1816.181;
g) Disposal of coal processing waste, noncoal
			 mine waste, and excess spoil shall comply with 62 Ill. Adm. Code
			 1816.81
			 through
			 1816.87,
			 1816.89,
			 and
			 1816.71
			 through
			 1816.74,
			 respectively;
h) Cessation of
			 operations shall be in accordance with 62 Ill. Adm. Code
			 1816.131
			 and
			 1816.132;
i) Erosion and air pollution attendant to
			 erosion shall be controlled in accordance with 62 Ill. Adm. Code
			 1816.95;
j) Fish, wildlife and related environmental
			 values shall be protected in accordance with 62 Ill. Adm. Code
			 1816.97;
k) Adverse effects upon, or resulting from,
			 nearby underground coal mining activities shall be minimized by appropriate
			 measures including, but not limited to, compliance with 62 Ill. Adm. Code
			 1816.79;
l) Reclamation shall follow proper topsoil
			 handling, revegetation, backfilling and grading, and post-mining land use
			 procedures in accordance with 62 Ill. Adm. Code
			 1816.22,
			 1816.100,
			 1816.102,
			 1816.104,
			 1816.106,
			 1816.111
			 through
			 1816.117,
			 and
			 1816.133,
			 respectively.
Illinois Administrative Code › Title 62 - MINING › Part 1828 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 1828.2 - Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is intended to ensure that all in situ processing
				activities are conducted in a manner which preserves and enhances environmental
				values in accordance with the Surface Mining Control and Reclamation Act of
				1977 (
				30 U.S.C.
				1257 ) et seq.) (the Act). This Part provides
				additional performance, reclamation, and design standards to reflect the nature
				of in situ processing.
Illinois Administrative Code › Title 62 - MINING › Part 1828 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 1828.11 - In Situ Processing: Performance Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The person who conducts in situ processing
			 activities shall comply with 62 Ill. Adm. Code 1817 and this Section.
b) In situ processing activities shall be
			 planned and conducted to minimize disturbance to the prevailing hydrologic
			 balance by:
1) Avoiding discharge of fluids
			 into holes or wells, other than as approved by the Illinois Department of
			 Natural Resources (Department);
2)
			 Injecting process recovery fluids only into geologic zones or intervals
			 approved as production zones by the Department;
3) Avoiding annular injection between the
			 wall of the drill hole and the casing; and
4) Preventing discharge of process fluid into
			 surface waters.
Illinois Administrative Code › Title 62 - MINING › Part 1828 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 1828.12 - In Situ Processing: Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each person who conducts in situ
			 processing activities shall monitor the quality and quantity of surface and
			 ground water and the subsurface flow and storage characteristics, in a manner
			 approved by the Department under 62 Ill. Adm. Code
			 1817.41,
			 to measure changes in the quantity and quality of water in surface and ground
			 water systems in the permit area and in adjacent areas.
b) Air and water quality monitoring shall be
			 conducted in accordance with monitoring programs approved by the Department as
			 necessary according to appropriate Federal and State air and water quality
			 standards.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth the Illinois Department of Natural
				Resources' (Department) monitoring, reporting, inspection, and enforcement
				regulations for surface coal mining and reclamation operations, for coal
				exploration operations which substantially disturb the natural land surface and
				for applicants for permits under the Surface Coal Mining Land Conservation and
				Reclamation Act (State Act).
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.2 - Monitoring and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Department has reason to believe that compliance
				with 62 Ill. Adm. Code 1700 - 1850 or any requirement of the Surface Mining
				Control and Reclamation Act of 1977 (
				30 U.S.C.
				1201 et seq.) (Federal Act) is not being
				achieved, the Department shall by written notice require a permittee to:
a) Establish and maintain specific records
			 relating to any requirement of 62 Ill. Adm. Code 1700-1850;
b) Install, use, and maintain specific
			 monitoring equipment relating to any requirement of 62 Ill. Adm. Code
			 1700-1850;
c) Make monthly or more
			 frequent reports relating to any requirement of 62 Ill. Adm. Code
			 1700-1850;
d) Provide evaluations
			 of results of monitoring and reports relating to any requirement of 62 Ill.
			 Adm. Code 1700-1850; or
e) Provide
			 other information, as the Department finds necessary to the performance of its
			 duties specified in 62 Ill. Adm. Code 1700-1850.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.11 - Inspections by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall conduct an average of at least one partial inspection per
			 month of each active surface coal mining and reclamation operation under its
			 jurisdiction and shall conduct partial inspections of each inactive surface
			 coal mining and reclamation operation under its jurisdiction to ensure
			 enforcement of the approved State program. A partial inspection is an on-site
			 or aerial review of a person's compliance with any of the permit conditions and
			 requirements imposed under the Federal Act, State Act and 62 Ill. Adm. Code
			 1700 through 1850. The inspector shall collect evidence of any violation of the
			 Federal Act, the State Act or 62 Ill. Adm. Code 1700 through 1850
			 observed.
b) The Department shall
			 conduct an average of at least one complete inspection per calendar quarter of
			 each active or inactive surface coal mining and reclamation operation under its
			 jurisdiction. A complete inspection is an on-site review of a person's
			 compliance with all permit conditions and requirements imposed under the
			 Federal Act, the State Act and 62 Ill. Adm. Code 1700 through 1850 within the
			 entire area disturbed, impacted or affected by surface coal mining and
			 reclamation operations. The inspector shall collect evidence of any violation
			 of the Federal Act, State Act or 62 Ill. Adm. Code 1700 through 1850
			 observed.
c) The Department shall
			 conduct periodic inspections of all coal exploration operations required to
			 comply with the Federal Act, the State Act, and 62 Ill. Adm. Code 1700 through
			 1850. The inspector shall collect evidence of any violation of the Federal Act,
			 State Act, or 62 Ill. Adm. Code 1700 through 1850 observed.
d) Aerial inspections.
1) Aerial inspections shall be conducted in a
			 manner which reasonably ensures the identification and documentation of
			 conditions at each surface coal mining and reclamation site
			 inspected.
2) Any potential
			 violation observed during an aerial inspection shall be investigated on site
			 within three days; provided, that any indication of a condition, practice or
			 violation constituting cause for the issuance of a cessation order under 62
			 Ill. Adm. Code
			 1843.11 shall be
			 investigated on site immediately. An on-site investigation of a potential
			 violation observed during an aerial inspection shall not be considered to be an
			 additional partial or complete inspection for the purposes of subsections (a)
			 and (b) of this Section.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.12 - Right of Entry

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within its
			 jurisdiction, the Department has statutory authority that grants its
			 representatives a right of entry to, upon, and through any coal exploration or
			 surface coal mining and reclamation operation without advance notice or search
			 warrant, upon presentation of appropriate credentials.
b) The Department has statutory authority
			 that authorizes its representatives to inspect any monitoring equipment or
			 method of exploration or operation and to have access to and copy any records
			 required under the Federal Act, the State Act, 62 Ill. Adm. Code 1700-1850, the
			 exploration approval or the permit. This statutory authority provides for
			 representatives to exercise such rights at reasonable times, without advance
			 notice, upon presentation of appropriate credentials. No search warrant shall
			 be required, except that the Department may provide for its use with respect to
			 entry into a building except as otherwise provided by law.
c) Authorized representatives of the
			 Department, without advance notice and on presentation of credentials issued by
			 the Department:
1) May enter any surface coal
			 mining and reclamation operations or any premises in which any records the
			 Department has required be maintained are located; and
2) May at reasonable times and without delay,
			 have access to and copy any records, and inspect any monitoring equipment or
			 method of operation required under the Federal Act, State Act, 62 Ill. Adm.
			 Code 1700-1850 or any coal exploration approval or permit issued under the
			 State Act.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.14 - Availability of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall make available to the Office of Surface Mining Reclamation and
			 Enforcement (OSMRE), upon request, copies of all documents relating to
			 applications for and approvals of existing, new, or revised coal exploration
			 approvals or surface coal mining and reclamation operation permits and all
			 documents relating to inspection and enforcement actions.
b) Copies of all records, reports, inspection
			 materials, or information obtained by the Department shall be made immediately
			 available to the public in the area of mining until at least five years after
			 expiration of the period during which the subject operation is active or is
			 covered by any portion of a reclamation bond so that they are conveniently
			 available to residents of that area, except:
1) As otherwise provided by the Freedom of
			 Information Act [5 ILCS 140 ]; and
2) For information not required to be made
			 available under 62 Ill. Adm. Code
			 1772.15
			 and
			 1773.13(d)
			 or subsection (d) of this Section.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.15 - Citizens' Request for State Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person may request a State inspection
			 under Section 8.06(a) of the State Act, by furnishing to the Department a
			 signed, written statement (or an oral report followed by a signed, written
			 statement) giving the authorized representative of the Department reason to
			 believe that a violation, condition, or practice of any requirement of the
			 State Act or any permit condition required by the State Act exists and setting
			 forth a phone number and address where the citizen can be contacted.
b) The identity of any person supplying
			 information to the Department relating to a possible violation or imminent
			 danger or harm shall remain confidential with the Department if requested by
			 that person, unless that person elects to accompany the inspector on the
			 inspection, or unless disclosure is required under State law.
c) If a State inspection is conducted as a
			 result of information provided by a citizen as described in subsection (a), the
			 citizen shall be notified as far in advance as practicable when the inspection
			 is to occur and shall be allowed to accompany the authorized representative of
			 the Department during the inspection. Such person has a right of entry to, upon
			 and through the coal exploration or surface coal mining and reclamation
			 operation about which he or she supplied information, but only if he or she is
			 in the presence of and is under the control, direction and supervision of the
			 authorized representative while on the mine property. Such right of entry does
			 not include a right to enter buildings without consent of the person in control
			 of the building or without a search warrant.
d) Within ten (10) days of the State
			 inspection or, if there is no inspection, within fifteen (15) days of receipt
			 of the citizen's written statement, the Department shall send the citizen the
			 following:
1) If an inspection was made, a
			 description of the enforcement action taken, which may consist of copies of the
			 State inspection report and all notices of violation and cessation orders
			 issued as a result of the inspection or an explanation of why no enforcement
			 action was taken;
2) If no State
			 inspection was conducted, an explanation of the reason why; and
3) An explanation of the citizen's right, if
			 any, to informal review of the action or inaction of the Department under
			 Section
			 1840.17.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.16 - Review of Adequacy and Completeness of Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who is or may be adversely affected by a surface
				coal mining and reclamation operation or a coal exploration operation may
				notify the Department in writing of any alleged failure on the part of the
				Department to make adequate State inspections as provided in Section
				1840.11.
				The notification shall include sufficient information to create a reasonable
				belief that Section
				1840.11
				is not being complied with and to demonstrate that the person is or may be
				adversely affected. The Department shall within fifteen (15) days of receipt of
				the notification determine whether Section
				1840.11
				is being complied with, and if not, shall immediately order a State inspection
				to remedy the noncompliance. The Department shall also furnish the complainant
				with a written statement of the reasons for such determination and the actions,
				if any, taken to remedy the noncompliance.
Illinois Administrative Code › Title 62 - MINING › Part 1840 - DEPARTMENT INSPECTIONS › Section 1840.17 - Review of Decision Not to Inspect or Enforce

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who is or may be adversely
			 affected by a coal exploration operation or surface coal mining and reclamation
			 operation may ask the Director or his or her designee to review informally an
			 authorized representative's decision not to inspect or take appropriate
			 enforcement action with respect to any violation alleged by that person in a
			 request for State inspection under Section
			 1840.15.
			 The request for review shall be in writing and include a statement of how the
			 person is or may be adversely affected and why the decision merits review. The
			 request for review must be submitted within thirty (30) days from the date the
			 citizen is notified of the authorized representative's decision. Failure to
			 file a request for informal review within this thirty (30) day time period
			 shall result in a waiver of the right to such review.
b) The Director or his or her designee shall
			 conduct the review and inform the person, in writing, of the results of the
			 review within thirty (30) days of his or her receipt of the request. The person
			 alleged to be in violation shall also be given a copy of the results of the
			 review, except that the name of the citizen shall not be disclosed unless
			 confidentiality has been waived or disclosure is required under State
			 law.
c) Informal review under this
			 Section shall not affect any right to formal review under 62 Ill. Adm. Code
			 1847.3
			 or to a citizen's suit under Section 8.05 of the State Act [225 ILCS 720/8.05
			 ].
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.11 - Cessation Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Imminent
			 harm and danger
1) An authorized
			 representative of the Illinois Department of Natural Resources (Department)
			 shall immediately order a cessation of surface coal mining and reclamation
			 operations or of the relevant portion thereof, if he finds, on the basis of any
			 State inspection, any condition or practice, or any violation of the Surface
			 Mining Control and Reclamation Act of 1977 (
			 30 U.S.C.
			 1201 et seq.) (Federal Act), the Surface Coal
			 Mining Land Conservation and Reclamation Act [225 ILCS 720 ] (State Act), 62
			 Ill. Adm. Code 1700-1850 or any condition of an exploration approval or permit
			 imposed under the Federal Act, the State Act or 62 Ill. Adm. Code 1700-1850
			 which:
A) Creates an imminent danger to the
			 health or safety of the public; or
B) Is causing or can reasonably be expected
			 to cause significant, imminent environmental harm to land, air, or water
			 resources.
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.12 - 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 a State inspection carried out during the enforcement of a
			 State program, he or she finds a violation of the Federal Act, the State Act,
			 or 62 Ill. Adm. Code 1700 - 1850 which does not create an imminent danger or
			 harm for which a cessation order must be issued under Section
			 1843.11.
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) The remedial action required, which may
			 include interim steps;
3) A
			 reasonable time for abatement, which may include time for accomplishment of
			 interim steps; and
4) A reasonable
			 description of the portion of the coal exploration or surface coal mining and
			 reclamation operation to which it applies.
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.13 - Suspension or Revocation of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requirements.
1) The Department shall issue an order to a
			 permittee requiring him to show cause why his permit and right to mine under
			 the State Act should not be suspended or revoked, if the Department determines
			 that a pattern of violations of any requirements of the Federal Act, the State
			 Act, or 62 Ill. Adm. Code 1700 through 1850 or any permit condition exists or
			 has existed, and that the violations were caused by the permittee willfully or
			 through unwarranted failure to comply with those requirements or conditions.
			 Violations by any person conducting surface coal mining operations on behalf of
			 the permittee shall be attributed to the permittee, unless the permittee
			 establishes that they were acts of deliberate sabotage.
2) The Department may determine that a
			 pattern of violations exists or has existed, based upon 2 or more inspections
			 of the permit area within any 12 month period, after considering the
			 circumstances, including:
A) The number of
			 violations, cited on more than one occasion, of the same or related
			 requirements of the Federal Act, the State Act, 62 Ill. Adm. Code 1700 through
			 1850 or the permit;
B) The number
			 of violations, cited on more than one occasion of different requirements of the
			 Federal Act, the State Act, 62 Ill. Adm. Code 1700 through 1850 or the permit;
			 and
C) The extent to which the
			 violations were isolated departures from lawful conduct.
3) The Department shall promptly review the
			 history of violations of any permittee who has been cited for violations of the
			 same or related requirements of the Federal Act, the State Act, 62 Ill. Adm.
			 Code 1700 through 1850 or the permit during 3 or more State inspections of the
			 permit area within any 12 month period. If, after such review, the Department
			 determines that a pattern of violations exists or has existed, an order to show
			 cause as provided in subsection (a)(1) above shall be issued.
4) Considerations.
A) In determining the number of violations
			 within any 12 month period, the Department shall consider only violations
			 issued as a result of a State inspection carried out:
i) During the permanent regulatory program;
			 or
ii) During the interim
			 regulatory program and before the applicable State program was approved,
			 pursuant to Section 502 or 504 of the Federal Act.
B) The Department may not consider violations
			 issued as a result of inspections other than those mentioned in subsection
			 (a)(4)(A)(i) above in determining whether to exercise discretion under
			 subsection (a)(2) above.
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.14 - Service of Notices of Violation, Cessation Orders, and Show Cause Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) A notice of
			 violation, cessation order or show cause order shall be served on the person to
			 whom it is directed or his designated agent promptly after issuance, as
			 follows:
1) By tendering a copy at the coal
			 exploration or surface coal mining and reclamation operation to the designated
			 agent or to the individual who, based upon reasonable inquiry by the authorized
			 representative, appears to be in charge of the coal exploration or surface coal
			 mining and reclamation operation referred to in the notice or order. If no such
			 individual can be located at the site, a copy may be tendered to any individual
			 at the site who appears to be an employee or agent of the person to whom the
			 notice or order is issued. Service shall be deemed complete upon tender of the
			 notice or order and shall not be deemed incomplete because of refusal to
			 accept.
2) As an alternative to
			 subsection (a)(1) above, service may be made by sending a copy of the notice or
			 order by certified mail or by hand to the person to whom it is issued or his
			 designated agent, or by any alternative means consistent with the rules
			 governing service of a summons and complaint in the Illinois Circuit Courts.
			 Service shall be complete upon tender of the notice or order or of the
			 certified mail and shall not be deemed incomplete because of refusal to
			 accept.
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.15 - Informal Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Except as provided in subsections (b) and (c), a notice of violation or
			 cessation order which requires cessation of mining, expressly or by necessary
			 implication, shall expire within thirty (30) days after it is served unless an
			 informal public hearing, if not waived, has been held within that time. The
			 informal public hearing shall be held at or reasonably close to the mine site
			 so that it may be viewed during the hearing or at any other location acceptable
			 to the Department and the person to whom the notice or order was issued.
			 Expiration of a notice or order shall not affect the Department's right to
			 assess civil penalties with respect to the period of time during which the
			 notice or order was in effect, pursuant to 62 Ill. Adm. Code 1845. For the
			 purposes of Section
			 1843.15
			 only, "mining" includes:
1) Extracting coal
			 from the earth or from coal waste piles and transporting it within or from the
			 permit area, and
2) The processing,
			 cleaning, concentrating, preparing or loading of coal where such operations
			 occur at a place other than at a mine site.
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.18 - Inability to Comply

Current through Register Vol. 48, No. 28, July 12, 2024
a) No cessation
			 order or notice of violation issued under this Part may be vacated because of
			 inability to comply.
b) Inability
			 to comply may not be considered in determining whether a pattern of violations
			 exists.
c) Unless caused by lack of
			 diligence, inability to comply may be considered only in mitigation of the
			 amount of civil penalty under 62 Ill. Adm. Code 1845 and of the duration of the
			 suspension of a permit under Section
			 1843.13(e).
Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.22 - Petitions for Award of Costs and Expenses Under Section 525(e) of the Federal Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who may
			 file. Any person may file a petition for award of costs and expenses including
			 attorneys' fees reasonably incurred as a result of that person's participation
			 in any administrative proceeding under the State Act which results in a final
			 order being issued by the Department.
b) Where to file; time for filing. The
			 petition for an award of costs and expenses including attorneys' fees must be
			 filed with the Department within forty-five (45) days of receipt of such order.
			 Failure to make a timely filing of the petition may constitute a waiver of the
			 right to such an award.
c) Contents
			 of petition. A petition filed under Section
			 1843.22
			 shall include the name of the person from whom costs and expenses are sought
			 and the following shall be submitted in support of the petition:
1) An affidavit setting forth in detail all
			 costs and expenses including attorney's fees reasonably incurred for, or in
			 connection with, the person's participation in the proceeding;
2) Receipts or other evidence of such costs
			 and expenses; and
3) Where
			 attorney's fees are claimed, evidence concerning the hours expended on the
			 case, the customary commercial rate of payment for such services in the area,
			 and the experience, reputation and ability of the individual or individuals
			 performing the services.