Illinois Administrative Code › Title 62 - MINING › Part 1701 - GENERAL DEFINITIONS › Appendix A - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in 62 Ill. Adm. Code 1700 through 1850, the following
				terms have the specified meanings, except when another meaning is given:
"Acid drainage" means water with a pH of less than
				6.0 and in which total acidity exceeds total alkalinity, discharged from an
				active, inactive or abandoned surface coal mine and reclamation operation or
				from an area affected by surface coal mining and reclamation operations.
"Acid-forming materials" means earth materials that
				contain sulfide minerals or other materials which, if exposed to air, water or
				weather processes, form acids that may create acid drainage.
"Act" or "Federal Act" means the Surface Mining
				Control and Reclamation Act of 1977 ( P.L. 95-87;
				30 USC
				1201 et seq.).
"Adjacent area" means the area located outside the
				permit area, or shadow area, where a resource or resources, determined
				according to the context in which adjacent area is used, are or reasonably
				could be expected to be adversely impacted by proposed mining
				operations.
"Administratively complete application" means an
				application for permit approval or approval for coal exploration where
				required, which the Department determines to contain information addressing
				each application requirement of the regulatory program and to contain all
				information necessary to initiate processing and public review.
"Affected area" means, with respect to surface
				mining activities, any land or water upon or in which those activities are
				conducted or located. With respect to underground mining activities, affected
				area means: any water or surface land upon which those activities are conducted
				or located.
"Agricultural use" means the use of any tract of
				land for the production of animal or vegetable life. The uses include, but are
				not limited to, the pasturing, grazing, and watering of livestock, and the
				cropping, cultivation, and harvesting of plants.
"Applicant" means any person seeking a permit;
				permit revision; renewal; or transfer, assignment or sale from the Department
				to conduct surface coal mining and reclamation operations or, where required,
				seeking approval for coal exploration.
"Applicant Violator System" or "AVS" means the
				computer system maintained by OSM to identify ownership or control links
				involving permit applicants, permittees, and persons cited in violation
				notices.
"Application" means the documents and other
				information filed with the Department for the issuance of permits; revisions;
				renewals; and transfer, assignment, or sale of permit rights for surface coal
				mining and reclamation operations or, when required, for coal
				exploration.
"Approximate original contour" means that
				surface configuration achieved by backfilling and grading of the mined areas so
				that the reclaimed area, including any terracing or access roads, closely
				resembles the general surface configuration of the land prior to mining and
				blends into and complements the drainage pattern of the surrounding terrain,
				with all highwalls, and spoil piles and coal refuse piles eliminated.
Permanent water impoundments may be permitted where the Department has
				determined that they comply with 62 Ill. Adm. Code
				1816.49 and
				1816.56,
				1816.133
				or
				1817.49,
				1817.56
				and
				1817.133.
				(Section 1.03(a)(2) of the State Act)
"Aquifer" means a zone, stratum, or group of strata
				that can store and transmit water in sufficient quantities for specific
				use.
"Article" means an Article of the State Act.
"Auger mining" means a method of mining coal at a
				cliff or highwall by drilling holes into an exposed coal seam from the cliff or
				highwall and transporting the coal along an auger bit to the surface.
"Best technology currently available" means
				equipment, devices, systems, methods, or techniques that will:
prevent, to the extent possible, additional
				contributions of suspended solids to stream flow or runoff outside the permit
				area, but in no event result in contributions of suspended solids in excess of
				requirements set by 62 Ill. Adm. Code
				1816.42;
				and
minimize, to the extent possible, disturbances and
				adverse impacts on fish, wildlife and related environmental values, and achieve
				enhancement of those resources where practicable. The term includes equipment,
				devices, systems, methods, or techniques that are currently available anywhere
				as determined by the Department, even if they are not in routine use. The term
				includes, but is not limited to, construction practices, siting requirements,
				vegetative selection and planting requirements, animal stocking requirements,
				scheduling of activities and design of sedimentation ponds in accordance with
				62 Ill. Adm. Code 1816 and 1817.
"Boxcut" means the first open cut resulting in the
				placing of overburden on unmined land adjacent to the initial pit.
"Cemetery" means any area of land where human bodies
				are interred.
"Coal" means combustible carbonaceous rock,
				classified as anthracite, bituminous, subbituminous, or lignite by ASTM
				Standard D 388-84 found at pp. 247-252 in Vol 5.05 of the Annual Book of ASTM
				Standards published by the American Society for Testing and Materials, 1916
				Race St., Philadelphia PA 19103.
"Coal exploration" means the field gathering
				of:
surface or subsurface geologic, physical, or
				chemical data by mapping, trenching, drilling, geophysical, or other techniques
				necessary to determine the quality and quantity of overburden and coal of an
				area; or
the gathering of environmental data to establish the
				conditions of an area before beginning surface coal mining and reclamation
				operations under the requirements of 62 Ill. Adm. Code 1700 through
				1850.
"Coal mine waste" means coal processing waste and
				underground development waste.
"Coal mining operation" means the business of
				developing, producing, preparing or loading bituminous coal, subbituminous
				coal, anthracite, or lignite, or of reclaiming the area upon which the
				activities occur.
"Coal processing or coal preparation" means chemical
				or physical processing and the cleaning, concentrating, or other processing or
				preparation of coal.
"Coal preparation plant" means a facility where coal
				is subjected to chemical or physical processing or the cleaning, concentrating,
				or other processing or preparation. It includes facilities associated with coal
				preparation activities including, but not limited to the following: loading
				facilities; storage and stockpile facilities; sheds, shops and other buildings;
				water treatment and water storage facilities; settling basins and impoundments;
				coal processing and other waste disposal areas.
"Coal processing waste" means earth materials that
				are separated and wasted from the product coal during cleaning, concentrating,
				or other processing or preparation of coal.
"Combustible material" means organic material that
				is capable of burning, either by fire or through oxidation, accompanied by the
				evolution of heat and a significant temperature rise.
"Community or institutional building" means any
				structure, other than a public building or an occupied dwelling, that is used
				primarily for functions of community groups; used for an educational, cultural,
				historic, religious, scientific, correctional, mental-health or physical-health
				care facility; or is used for public services, including, but not limited to,
				water supply, power generation or sewage treatment.
"Compaction" means increasing the density of a
				material by reducing the voids between the particles and is generally
				accomplished by controlled placement and mechanical effort such as from
				repeated application of wheel, track, or roller loads from heavy
				equipment.
"Complete and accurate application" means an
				application for permit approval or approval for coal exploration when required,
				that the Department determines contains all information the State Act and 62
				Ill. Adm. Code 1700 through 1850 require.
"Consolidated material" means materials of
				sufficient hardness or stability to resist weathering so as to inhibit erosion
				or sloughing.
"Control" or "Controller", when used in 62 Ill. Adm.
				Code 1773, 1774 and 1778, refers to or means:
a permittee of a surface coal mining
				operation;
an operator of a surface coal mining operation;
				or
any person who has the ability to determine the
				manner in which a surface coal mining operation is conducted.
"Cropland" means land used for the production of
				adapted crops for harvest, alone or in a rotation with grasses and legumes, and
				includes row crops, small grain crops, hay crops, nursery crops, orchard crops,
				and other similar specialty crops.
"Cumulative impact area" means the area, including
				the permit area, within which impacts resulting from the proposed operation may
				interact with the impacts of all anticipated mining on surface and groundwater
				systems. Anticipated mining shall include, at a minimum, the entire projected
				lives through bond release of:
the proposed operation;
all existing operations;
any operation for which a permit application has
				been submitted to the Department.
"Darkened surface soil" means mineral horizons
				formed at or adjacent to the surface of the soil that are higher in organic
				matter content and visibly darker in color than the immediately underlying
				horizons.
"Department" means the Illinois Department of
				Natural Resources, Office of Mines and Minerals, or its successor.
"Direct financial interest" means ownership or part
				ownership by an employee of lands, stocks, bonds, debentures, warrants,
				partnership shares, or other holdings and also means any other arrangement in
				which the employee may benefit from his or her holding in or salary from coal
				mining operations. Direct financial interests include employment, pensions,
				creditor, real property, and other financial relationships.
"Director" means the Director of the Department of
				Natural Resources.
"Disturbed area" means an area where vegetation,
				topsoil, or overburden is removed or upon which topsoil, spoil, coal processing
				waste, underground development waste, or noncoal waste is placed by surface
				coal mining operations. Those areas are classified as disturbed until
				reclamation is complete and the performance bond or other assurance of
				performance required by 62 Ill. Adm. Code 1800 is released.
"Diversion" means a channel, embankment, or other
				man-made structure constructed to divert water from one area to another.
"Downslope" means the land surface between the
				projected outcrop of the lowest coalbed being mined along each highwall and a
				valley floor.
"Drinking, domestic or residential water supply"
				means water received from a well or spring and any appurtenant delivery system
				that provides water for direct human consumption or household use. Wells and
				springs that serve only agricultural, commercial or industrial enterprises are
				not included except to the extent the water supply is for direct human
				consumption, human sanitation, or domestic use.
"Embankment" means an artificial deposit of material
				that is raised above the natural surface of the land and used to contain,
				divert, or store water, support roads or railways, or for other similar
				purposes.
"Employee" means:
any person employed by the Department who performs
				any function or duty under the Act; and
advisory board or commission members and consultants
				who perform any function or duty under the Act, if they perform decision-making
				functions for the Department under the authority of State law or regulations.
				However, members of advisory boards or commissions established in accordance
				with State law or regulations to represent multiple interests are not
				considered to be employees. State officials may through State law or
				regulations expand this definition to meet their program needs.
"Ephemeral stream" means a stream that meets both of
				the following requirements:
It flows only in direct response to precipitation in
				the immediate watershed or in response to the melting of a cover of snow and
				ice; and
It has a channel bottom that is always above the
				local water table.
"Excess spoil" means spoil material disposed of in a
				location other than the mined-out area; provided, the spoil material used to
				achieve the approximate original contour or to blend the mined-out area with
				the surrounding terrain in accordance with 62 Ill. Adm. Code
				1816.102(d)
				and
				1817.102(d)
				in nonsteep slope areas shall not be considered excess spoil.
"Existing structure" means a structure used in
				connection with surface coal mining and reclamation operations for which
				construction began prior to June 1, 1982.
"Extraction of coal as an incidental part" means the
				extraction of coal that is necessary to enable the construction to be
				accomplished. For purposes of 62 Ill. Adm. Code 1703, only that coal extracted
				from within the right-of-way, in the case of a road, railroad, utility line or
				other such construction, or within the boundaries of the area directly affected
				by other types of government-financed construction, may be considered
				incidental to that construction. Extraction of coal outside the right-of-way or
				boundary of the area directly affected by the construction shall be subject to
				the requirements of the Act and 62 Ill. Adm. Code 1703.
"Federal Director" means the Director of the Federal
				Office of Surface Mining Reclamation and Enforcement.
"Final cut" means the last pit created in a
				surface-mined area.
"Fragile lands" means geographic areas containing
				important natural, ecologic, scientific or esthetic resources that could be
				damaged or destroyed by surface coal mining operations. Examples of fragile
				lands include valuable habitats for fish or wildlife, critical habitats for
				endangered or threatened species of animals or plants, uncommon geologic
				formations, National Natural Landmark sites, areas where mining may cause
				flooding, environmental corridors containing a concentration of ecologic and
				esthetic features, areas of recreational value due to high environmental
				quality, and buffer zones adjacent to the boundaries of areas where surface
				coal mining operations are prohibited under Section 7.01 of the State Act [
				225 ILCS
				720/7.01 ] and 62 Ill. Adm. Code
				1761.11,
				if those areas have characteristics requiring additional areal protection or if
				the buffer zone itself contains fragile resources.
"Fugitive dust" means that particulate matter not
				emitted from a duct or stack which becomes airborne due to the forces of wind
				or surface coal mining and reclamation operations or both. During surface coal
				mining and reclamation, it may include emissions from haul roads; wind erosion
				of exposed surfaces, storage piles, and spoil piles; reclamation operations;
				and other activities in which material is either removed, stored, transported,
				or redistributed.
"Government financing agency" means a federal,
				State, county, municipal or other unit of local government, or a department,
				bureau, agency or office of the unit that, directly or through another unit of
				government, finances construction.
"Government-financed construction" means
				construction funded at 50 percent or more by funds appropriated from a
				government financing agency's budget or obtained from general revenue bonds.
				Government financing at less than 50 percent may qualify if the construction is
				undertaken as an approved reclamation project under Title IV of the Act.
				Construction funded through government financing agency guarantees, insurance,
				loans, funds obtained through industrial revenue bonds or their equivalent, or
				in-kind payments does not qualify as government-financed construction.
"Gravity discharge" means, with respect to
				underground mining activities, mine drainage that flows freely in an open
				channel downgradient. Mine drainage that occurs as a result of flooding a mine
				to the level of the discharge is not gravity discharge.
"Ground cover" means the area of ground covered by
				the combined aboveground parts of vegetation and by the litter that is produced
				naturally on site.
"Ground water" means subsurface water that fills
				available openings in rock or soil materials to the extent that they are
				considered water saturated.
"Head-of-hollow fill" means a fill structure
				consisting of any material, other than organic material, placed in the
				uppermost reaches of a hollow where side slopes of the existing hollow measured
				at the steepest point are greater than 20 degrees or the average slope of the
				profile of the hollow from the toe of the fill to the top of the fill is
				greater than ten degrees. In head-of-hollow fills, the top surface of the fill,
				when completed, is at approximately the same elevation as the adjacent ridge
				line, and no significant area of natural drainage occurs above the fill
				draining into the fill area.
"High capability land" means land not meeting the
				definition of prime farmland or land exempted in accordance with 62 Ill. Adm.
				Code
				1785.17 when the
				Department determines the following three facts are present together:
The land is capable of being reclaimed for row-crop
				agricultural purposes;
The land is suitable for row-crop agricultural
				purposes based on U.S. Department of Agriculture, Soil Conservation Service
				(SCS) soil survey classifications of the affected land prior to mining (all
				soil types in capability Classes I, II, III and those soil types in capability
				Class IV with slopes of five percent or less), as set forth in Land-Capability
				Classification, Agriculture Handbook No. 210, published by the SCS 1973;
				and
The optimum future use of the land is for row-crop
				agricultural purposes.
"Highwall" means the face of exposed overburden and
				coal in an open cut of a surface coal mining activity or for entry to
				underground mining activities.
"Highwall remnant" means that portion of highwall
				that remains after backfilling and grading of a remining permit area.
"Higher or better uses" means post-mining land uses
				that have a higher economic value or nonmonetary benefit to the landowner or
				the community than the premining land uses.
"Historically used for cropland" means:
Lands that have been used for cropland for any five
				years or more out of the 10 years immediately preceding the acquisition,
				including purchase, lease, or option, of the lands for the purpose of
				conducting or allowing through resale, lease or option, the conduct of surface
				coal mining and reclamation operations;
Lands that the Department determines, on the basis
				of additional cropland history of the surrounding lands and the lands under
				consideration that the permit area is clearly cropland but falls outside the
				specific five-years-in-10 criterion, in which case the regulations for prime
				farmland shall be applied to include more years of cropland history only to
				increase the prime farmland acreage to be preserved; or
Lands that would likely have been used as cropland
				for any five out of the last 10 years, immediately preceding acquisition but
				for the same fact of ownership or control of the land unrelated to the
				productivity of the land.
"Historic lands" means, for purposes of implementing
				62 Ill. Adm. Code 1762 and 1764, important historic, cultural, and scientific
				areas that could be damaged or be destroyed by surface coal mining operations.
				Examples of historic lands include archaeological and paleontological sites,
				National Historic Landmark sites, sites listed on or eligible for listing on a
				State or National Register of Historic Places, sites having religious or
				cultural significance to native Americans or religious groups or sites for
				which historic designation is pending.
"Hydrologic balance" means the relationship between
				the quality and quantity of water inflow to, water outflow from, and water
				storage in a hydrologic unit such as a drainage basin, aquifer, soil zone,
				lake, or reservoir. It encompasses the dynamic relationships among
				precipitation, runoff, evaporation, and changes in ground and surface water
				storage.
"Hydrologic regime" means the entire state of water
				movement in a given area. It is a function of the climate and includes the
				phenomena by which water first occurs as atmospheric water vapor, passes into a
				liquid or solid form, falls as precipitation, moves along or into the ground
				surface, and returns to the atmosphere as vapor by means of evaporation and
				transpiration.
"Imminent danger to the health and safety of the
				public"
means the existence of any condition or practice, or any
				violation of a permit or other requirements of the State Act in a surface coal
				mining and reclamation operation, which could reasonably be expected to cause
				substantial physical harm to persons outside the permit area before the
				condition, practice, or violation can be abated. A reasonable expectation of
				death or serious injury before abatement exists if a rational person, subjected
				to the same condition or practice giving rise to the peril, would avoid
				exposure to the danger during the time necessary for abatement.
(Section 1.03(a)(7) of the State Act)
"Impounding structure" means a dam, embankment, or
				other structure used to impound water, slurry, or other liquid or semi-liquid
				material.
"Impoundment" means a closed basin, naturally formed
				or artificially built, which is dammed or excavated for the retention of water,
				sediment or waste.
"Indirect financial interest" means the same
				financial relationships as for direct ownership, but from which the employee
				reaps the benefits of the interests, including interests held by his or her
				spouse, minor child and other relatives, including in-laws, residing in the
				employee's home. The employee will not be deemed to have an indirect financial
				interest if there is no relationship between the employee's duties and the coal
				mining operation in which the spouse, minor children, or other resident
				relatives hold a financial interest.
"In situ processes" means activities conducted in
				connection with in-place distillation, retorting, leaching, or other chemical
				or physical processing of coal. The term includes, but is not limited to, in
				situ gasification, in situ leaching, slurry mining, solution mining, borehole
				mining, and fluid recovery mining.
"Intermittent stream" means:
A stream or reach of a stream that drains a
				watershed of at least one square mile; or
A stream or reach of a stream that is below the
				local water table for at least some part of the year, and obtains its flow from
				both surface runoff and ground water discharge.
"Irreparable damage to the environment" means any
				damage to the environment in violation of the State Act or 62 Ill. Adm. Code,
				Chapter I that cannot be corrected by actions of the applicant.
"Knowing" or "Knowingly" means that a person who
				authorized, ordered or carried out an act or omission knew, or had reason to
				know, that the act or omission would result in either a violation or a failure
				to abate or correct a violation.
"Land capability" means the soils' premining
				capabilities based on the SCS classification system as found in Agriculture
				Handbook No. 210, Land-Capability Classification, (1973) as interpreted from
				the soils map for sustained production of commonly cultivated crops or for the
				production of permanent vegetation.
"Land eligible for remining" means those lands that
				would otherwise be eligible for expenditures under section 402(g)(4) or section
				404 of the Surface Mining Control and Reclamation Act of 1977 (
				30 USC
				1232(g)(4) and
				1234
				).
"Land use" means specific uses or management-related
				activities, rather than the vegetation or cover of the land. Land uses may be
				identified in combination when joint or seasonal uses occur and may include
				land used for support facilities that are an integral part of the use. Changes
				of land use or uses from one of the following categories to another shall be
				considered as a change to an alternative land use which is subject to approval
				by the Department in accordance with 62 Ill. Adm. Code
				1780.23.
"Cropland" means land used for the production of
				adapted crops for harvest, alone or in a rotation with grasses and legumes, and
				includes row crops, small grain crops, hay crops, nursery crops, orchard crops,
				and other similar specialty crops. Allowable support facilities include access
				roads, farm buildings, hedgerows, erosion control structures such as grassed
				waterways, terraces and sediment ponds, and other incidental facilities related
				to cropland management, except that no facility, other than erosion control
				structures, may be located on prime farmland.
"Pastureland" means land used primarily for the
				long-term production of adapted, domesticated forage plants to be grazed by the
				livestock or occasionally cut and cured for livestock feed. Allowable support
				facilities include access roads, farm buildings, erosion control structures
				such as grassed waterways, downdrains, terraces and sediment ponds, water
				impoundments used for stock watering, and other incidental facilities related
				to pasture management.
"Grazingland" means land used for grasslands and
				forest lands where the indigenous vegetation is actively managed for grazing,
				browsing, or occasional hay production.
"Forestry" means land used or managed for the
				long-term production of wood, wood fiber, or wood-derived products. Allowable
				support facilities include water impoundments, access and fire control lanes,
				erosion control structures such as grassed waterways, downdrains, terraces and
				sediment ponds, and other incidental facilities related to sound multiple use
				management of the forest resource.
"Residential" means land used for single- and
				multiple-family housing, mobile home parks, and other residential
				lodgings.
"Industrial/Commercial" means land used for:
Extraction or transformation of materials for
				fabrication of products, wholesaling of products, or for long-term storage of
				products. This includes all heavy and light manufacturing facilities.
Retail or trade of goods or services, including
				hotels, motels, stores, restaurants, and other commercial
				establishments.
"Recreation" is land used for public or private
				leisure-time use, including developed recreation facilities such as parks,
				camps, and amusement areas, as well as areas for less intensive uses such as
				hiking, canoeing, and other undeveloped recreational uses. Allowable support
				facilities include water impoundments, access roads, and other incidental
				facilities related to the recreational development of the area.
"Fish and wildlife habitat" is land dedicated wholly
				or partially to the production, protection, or management of fish or wildlife.
				Allowable support facilities include water impoundments, access lanes, erosion
				control structures such as grassed waterways, downdrains, terraces and sediment
				ponds, and other incidental facilities related to sound fish and wildlife
				management practices.
"Developed water resources" includes land used for
				storing water for beneficial uses such as stockponds, irrigation, fire
				protection, flood control, and water supply. Where appropriate, developed water
				resources are considered a joint or seasonal use with cropland, pastureland,
				forestry, recreation and fish and wildlife habitat.
"Undeveloped land or no current use or land
				management" includes land that is undeveloped or, if previously developed, land
				that has been allowed to return naturally to an undeveloped state or has been
				allowed to return to forest through natural succession. A post-mining
				designation of undeveloped land shall not be allowed for any land that is
				proposed to be affected by the mining operation.
"Material damage", in the context of 62 Ill. Adm.
				Code
				1784.20
				and 62 Ill. Adm. Code
				1817.121,
				means:
Any functional impairment of surface lands,
				features, structures or facilities;
Any physical change that has a significant adverse
				impact on the affected land's capability to support any current or reasonably
				foreseeable uses or causes significant loss in production or income; or
Any significant change in the condition, appearance
				or utility of any structure or facility from its pre-subsidence
				condition.
"Mining operations or surface coal mining
				operations" means both surface mining operations and underground mining
				operations.
(Section 1.03(a)(11) of the State Act)
"Moist bulk density" means the weight of soil (oven
				dry) per unit volume. Volume is measured when the soil is at field moisture
				capacity (1/3 bar moisture tension). Weight is determined after drying the soil
				at 105° C.
"MSHA" means the Mine Safety and Health
				Administration of the United States Department of Labor.
"Mulch" means vegetation residues or other suitable
				materials that aid in soil stabilization and soil moisture conservation, thus
				providing micro-climatic conditions suitable for germination and growth.
"Natural hazard lands" means geographic areas in
				which natural conditions exist that pose or, as a result of surface coal mining
				operations, may pose a threat to the health, safety or welfare of people,
				property or the environment, including areas subject to landslides, cave-ins,
				large or encroaching sand dunes, severe wind or soil erosion, frequent
				flooding, avalanches, and areas of unstable geology.
"Noxious plants" means any plant species listed as a
				"noxious weed" under regulations authorized by the Illinois Noxious Weed Law [
				505 ILCS 100 ]; any plant species whose seed is listed as a "prohibited
				(primary) noxious weed" or "restricted" (secondary) noxious weed" or "weed
				seeds" under regulations authorized by the Illinois Seed Law [ 505 ILCS 110 ];
				or any plant that the Department of Agriculture has declared a pest under the
				Illinois Pesticide Act [ 415 ILCS 60 ].
"Occupied dwelling" means any building that is
				currently being used on a regular or temporary basis for human
				habitation.
"Office" means the Office of Surface Mining
				Reclamation and Enforcement, U.S. Department of the Interior.
"Operator" means any person engaged in coal mining
				who removes or intends to remove more than 250 tons of coal from the earth or
				from coal refuse piles by mining within 12 consecutive calendar months in any
				one location.
"Outslope" means the face of the spoil or embankment
				sloping downward from the highest elevation to the toe.
"Overburden" means material of any nature,
				consolidated or unconsolidated, that overlies a coal deposit, excluding
				topsoil.
"Own", "Owner" or "Ownership", as used in 62 Ill.
				Adm. Code 1773, 1774 and 1778 (except when used in the context of ownership of
				real property), means being a sole proprietor or owner of record in excess of
				50 percent of the voting securities or other instruments of ownership of an
				entity.
"Ownership or control link" means any relationship
				included in the definition of owned or controlled or owns or controls at 62
				Ill. Adm. Code
				1773.5(a) and
				(b) or in the violations review provisions of
				62 Ill. Adm. Code
				1773.15(b).
				It includes any relationship presumed to constitute ownership or control under
				the definition of "owned or controlled" or "owns or controls" unless such
				presumption has been successfully rebutted under the provisions of 62 Ill. Adm.
				Code
				1773.24
				and
				1773.25.
"Perennial stream" means a stream that flows
				continuously during all of the calendar year or part of a stream that flows
				continuously during all of the calendar year. The stream or part of a stream
				flows continuously as a result of groundwater discharge or surface runoff. The
				term does not include intermittent stream or ephemeral stream.
"Performance bond" means a surety bond, collateral
				bond, or a combination of surety bond and collateral bond, by which a permittee
				assures faithful performance of all the requirements of the Federal Act, the
				State Act, 62 Ill. Adm. Code, Chapter I, and the requirements of the permit and
				reclamation plan.
"Performing any function or duty under this Act"
				means those decisions or actions that, if an employee performed or did not
				perform, would affect the programs under the State Act.
"Permanent diversion" means a diversion remaining
				after surface coal mining and reclamation operations are completed that has
				been approved for retention by the Department and other appropriate State and
				federal agencies.
"Permanent impoundment" means an impoundment that
				the Department approved and, if required, is approved by other State and
				federal agencies for retention as part of the post-mining land use.
"Permit" means a permit to conduct surface coal
				mining and reclamation operations that the Department issues pursuant to the
				State program.
"Permit area" means the area of land and water
				within the boundaries of the permit that are designated on the permit
				application maps, as approved by the Department. This area shall include all
				areas:
that are or will be affected by the surface coal
				mining and reclamation operations during the term of the permit, including all
				disturbed areas;
where the operator proposes to conduct surface coal
				mining and reclamation operations under the permit; and
that are required to be bonded (see 62 Ill. Adm.
				Code 1800).
These areas shall be indicated on the approved map
				the operator submits with the operator's application. Areas adequately bonded
				under another valid permit may be excluded from a permit area. The permit area
				excludes the area defined in this Part as the shadow area.
"Permit term"
means the period during which
				the permittee may engage in mining and reclamation operations under the
				permit.
(Section 1.03(a)(18) of the State Act)
"Permittee" means a person holding or required by
				the State Act or 62 Ill. Adm. Code 1700 through 1850 to hold a permit to
				conduct surface coal mining and reclamation operations issued by a department
				pursuant to a State program.
"Person" means an individual, Indian tribe when
				conducting surface coal mining and reclamation operations on non-Indian lands,
				general partnership, limited partnership, business trust association, society,
				joint venture, joint stock company, firm, company, corporation, cooperative or
				other business organization, or any agency, unit, or instrumentality of
				federal, State or local government, including any publicly-owned utility or
				publicly-owned corporation of federal, State or local government.
"Person having an interest which is or may be
				adversely affected" or "Person with a valid legal interest" shall include any
				person:
Who uses any resources of economic, recreational,
				esthetic, or environmental value that may be adversely affected by coal
				exploration or surface coal mining and reclamation operations or any related
				action of the Secretary or the Department; or
Whose property is or may be adversely affected by
				coal exploration or surface coal mining and reclamation operations or any
				related action of the Secretary or the Department.
"Placeland" means undisturbed land before any mining
				activity.
"Precipitation event" means a quantity of water
				resulting from drizzle, rain, snow, sleet, or hail in a limited period of time.
				It may be expressed in terms of recurrence interval. Precipitation event also
				includes that quantity of water emanating from snow cover as snow-melt in a
				limited period of time.
"Previously mined area" means land that had been
				mined before August 3, 1977 that has not been reclaimed to the standards of 62
				Ill. Adm. Code 1700 through 1850.
"Prime farmland" means those lands that are defined
				by the Secretary of Agriculture in 7 CFR 657 (January 31, 1978) and that have
				historically been used for cropland as defined in this Section.
"Principal shareholder" means any person who is the
				record or beneficial owner of 10 percent or more of any class of voting
				stock.
"Prohibited financial interest" means any direct or
				indirect financial interest in any coal mining operation.
"Property to be mined" means both the surface and
				mineral estates within the permit area and the mineral estate within the shadow
				area.
"Public building" means any structure that is owned
				or leased and principally used by a public government agency for public
				business or meetings.
"Public office" means a facility under the control
				of a governmental entity that is open to public access on a regular basis
				during reasonable business hours.
"Public park" means an area or portion of an area
				dedicated or designated by any federal, State, or local agency primarily for
				public recreational use, whether or not such use is limited to certain times or
				days, including any land leased, reserved or held open to the public because of
				that use.
"Publicly-owned park" means a public park that is
				owned by a federal, State or local governmental entity.
"Public road" means a road:
that has been designated as a public road pursuant
				to the law of the jurisdiction in which it is located;
that is maintained with public funds in a manner
				similar to other public roads of the same classification within the
				jurisdiction;
for which there is substantial (more than
				incidental) public use; and
that meets road construction standards for other
				public roads of the same classification in the local jurisdiction.
"Qualified registered professional engineer" means a
				civil engineer, mining engineer, environmental engineer or general engineer
				meeting the requirements of Section 9 of the Professional Engineering Practice
				Act of 1989 [ 225 ILCS 325 ].
"Rangeland" means land on which the natural
				potential (climax) plant cover is principally native grasses, forbs, and shrubs
				valuable for forage. This land includes natural grasslands and savannahs, such
				as prairies, and juniper savannahs, such as brushlands. Except for brush
				control, management is primarily achieved by regulating the intensity of
				grazing and season of use.
"Reasonably available spoil" means spoil and
				suitable coal mine waste material generated by the remining operation or other
				spoil or suitable coal mine waste material located in the permit area that is
				accessible and available for use and that when rehandled will not cause a
				hazard to public safety or significant damage to the environment.
"Recharge capacity" means the ability of the soils
				and underlying materials to allow precipitation and runoff to infiltrate and
				reach the zone of saturation.
"Reclamation" means those actions that 62 Ill. Adm.
				Code 1700 through 1850 requires to restore mined land to a post-mining land use
				that the Department has approved. These actions do not include subsidence
				control measures conducted in the shadow area to restore damaged land to
				pre-mining capability.
"Recurrence interval" means the interval of time in
				which a precipitation event is expected to occur once, on the average. For
				example, the 10-year, 24-hour precipitation event would be that 24-hour
				precipitation event expected to occur on the average once in 10 years.
"Reference area" means a land unit maintained under
				appropriate management for the purpose of measuring vegetation ground cover,
				productivity and plant species diversity that are produced naturally or by
				Department-approved crop production methods. Reference areas must be
				representative of geology, soil, slope, and vegetation in the permit
				area.
"Refuse pile" means a surface deposit of coal mine
				waste that does not impound water, slurry, or other liquid or semi-liquid
				material.
"Regional Director" means Regional Director of the
				Office or Regional Director of the Office's representative.
"Regulatory program" means Illinois' permanent
				regulatory program that the Office approved and set forth in 30 CFR
				913.1-913.16 (July 19, 2004).
"Remining" means conducting surface coal mining and
				reclamation operations that affect previously mined areas.
"Renewable resource lands" means aquifers and areas
				for the recharge of aquifers and other underground waters, areas for
				agricultural or silvicultural production of food and fiber, and grazing
				lands.
"Replacement of water supply" means, with respect to
				protected water supplies contaminated, diminished, or interrupted by coal
				mining operations, provision of water supply on both a temporary and permanent
				basis equivalent to premining quantity and quality. Replacement includes
				provisions of an equivalent water delivery system and payment of operation and
				maintenance costs in excess of customary and reasonable delivery costs for
				premining water supplies.
Upon agreement by the permittee and the water supply
				owner, the obligation to pay operation and maintenance costs may be satisfied
				by a one-time payment in an amount that covers the present worth of the
				increased annual operation and maintenance costs for a period agreed to by the
				permittee and the water supply owner.
If the affected water supply was not needed for the
				land use in existence at the time of loss, contamination, or diminution, and if
				the supply is not needed to achieve the postmining land use, replacement
				requirements may be satisfied by demonstrating that a suitable alternative
				water source is available and could feasibly be developed. If the latter
				approach is selected, written concurrence must be obtained from the water
				supply owner.
"Responsible land management" means that combination
				of preparation, maintenance, fertilization and tilling of land capable of
				producing row crops that would be practiced by a person in the business of
				producing row crops on unmined land in the same region on the same, or similar,
				soil type as the mined land being managed, if the practices can reasonably be
				expected to continue after mining and reclamation are completed, as determined
				by the Department.
"Road" means a surface right-of-way for purposes of
				travel by land vehicles used in surface coal mining and reclamation operations
				or coal exploration. A road consists of the entire area within the
				right-of-way, including the roadbed, shoulders, parking and side areas,
				approaches, structures, ditches, and surface. The term includes access and
				haulroads constructed, used, reconstructed, improved, or maintained for use in
				surface coal mining and reclamation operations or coal exploration, including
				use by coal hauling vehicles to and from transfer, processing or storage areas.
				The term does not include ramps and routes of travel within the immediate
				mining area or within spoil or coal mine waste disposal areas.
"Safety factor" means the ratio of the available
				shear strength to the developed shear stress, or the ratio of the sum of the
				resisting forces to the sum of the loading or driving forces.
"Secretary" means the Secretary of the Interior or
				the Secretary's representative.
"Sedimentation pond" means an impoundment used to
				remove solids from water in order to meet water quality standards or effluent
				limitations before the water leaves the permit area.
"Shadow area" means any area beyond the limits of
				the permit area in which underground mine workings are located. This area
				includes all resources above and below the coal that are protected by the State
				Act that may be adversely impacted by underground mining operations including
				impacts of subsidence.
"Significant forest cover" means an area where the
				plant community consists predominantly of trees and other woody
				vegetation.
"Significant, imminent environmental harm to land,
				air or water resources" means:
An environmental harm is an adverse impact on land,
				air or water resources when the resources include, but are not limited to,
				plant and animal life;
An environmental harm is imminent if a condition,
				practice or violation exists which:
Is causing the harm; or
May reasonably be expected to cause harm at any time
				before the end of the reasonable abatement time that would be set under Section
				8.06(c) of the State Act;
An environmental harm is significant if that harm is
				appreciable and not immediately reparable.
"Siltation structure" means a device, or devices,
				used to remove, collect or otherwise control runoff so that resulting outflow
				will meet applicable effluent standards.
"Slope" means average inclination of a surface
				measured from the horizontal, generally expressed as the ratio of a unit of
				vertical distance to a given number of units of horizontal distance (e.g.,
				1v:5h). It may also be expressed as a percent or in degrees.
"Soil horizons" means contrasting layers of soil
				parallel or nearly parallel to the land surface. Soil horizons are
				differentiated on the basis of field characteristics and laboratory data. The
				four master soil horizons are:
A horizon. The uppermost mineral layer, often called
				the surface soil or topsoil. It is the part of the soil in which organic matter
				is most abundant, and leaching of soluble or suspended particles is typically
				the greatest.
E horizon. The layer commonly near the surface below
				an A horizon and above a B horizon. An E horizon is most commonly
				differentiated from an overlying A horizon by lighter color and generally has
				measurably less organic matter than the A horizon. An E horizon is most
				commonly differentiated from the underlying B horizon in the same sequum by
				color of higher value or lower chroma, by coarser texture, or by a combination
				of these properties.
B horizon. The layer that typically is immediately
				beneath the A and E horizons and often called the subsoil. This middle layer
				commonly contains more clay, iron, or aluminum than the A, E, or C
				horizons.
C horizon. The deepest layer of the soil profile. It
				consists of loose material or weathered rock that is relatively unaffected by
				biologic activity.
"Soil survey" means a field and other investigation,
				resulting in a map showing the geographic distribution of different kinds of
				soils and an accompanying report that describes, classifies, and interprets the
				soils for use. Soil surveys must meet the standards of the National Cooperative
				Soil Survey as incorporated by reference in 62 Ill. Adm. Code
				1785.17(c)(1).
"Spoil" means overburden that has been removed
				during surface coal mining operations.
"Stabilize" means to control movement of soil, spoil
				piles, or areas of disturbed earth by modifying the geometry of the mass, or by
				otherwise modifying physical or chemical properties, such as by providing a
				protective surface coating.
"State Act" means the Surface Coal Mining Land
				Conservation and Reclamation Act [ 225 ILCS 720 ].
"State regulatory program" means the Illinois
				program the Secretary approved on June 1, 1982 pursuant to
				30 CFR
				732.1 through
				732.15
				(September 30, 1983).
"State violation notice" means a violation notice
				issued by a State regulatory authority or by another agency or instrumentality
				of State government.
"Steep slope" means any slope of more than 20
				degrees or such lesser slope as the Department may designate after
				consideration of such regional characteristics as soil and climate.
"Substantially disturb" means, for purposes of coal
				exploration, to impact significantly upon land, air or water resources by
				blasting; by removal of vegetation, topsoil, or overburden; by construction of
				roads or other access routes; by placement of excavated earth or waste material
				on the natural land surface or by other such activities; or to remove more than
				250 tons of coal.
"Substantial legal and financial commitments in a
				surface coal mining operation" means significant investments that have been
				made on the basis of a long-term coal contract in power plants, railroads,
				coal-handling, preparation, extraction or storage facilities, and other
				capital-intensive activities. An example would be an existing mine, not
				actually producing coal, but in a substantial stage of development prior to
				production. Costs of acquiring the coal in place or of the right to mine it
				without an existing mine alone, as described in this example, are not
				sufficient to constitute substantial legal and financial commitments.
"Successor in interest" means any person who
				succeeds to rights granted under a permit, by transfer, assignment, or sale of
				those rights.
"Surface mining activities" means those surface coal
				mining and reclamation operations incident to the extraction of coal from the
				earth by removing the materials over the coal seam, before recovering the coal,
				by auger coal mining, or by recovery of coal from a deposit that is not in its
				original geologic location.
"Surface coal mining and reclamation operations" or
				"mining and reclamation operations" means surface coal mining operations and
				all activities necessary or incidental to the reclamation of such operations.
				This term includes the term "surface coal mining operations".
"Surface coal mining operations" or "mining
				operations" means:
Activities conducted on the surface of lands in
				connection with a surface coal mine or subject to the requirements of section
				516 of the Federal Act, surface operations and surface impacts incident to an
				underground coal mine, the products of which enter commerce, or the operations
				of which directly or indirectly affect interstate commerce. These activities
				include excavation for the purpose of obtaining coal, including such common
				methods as contour, strip, auger, mountaintop removal, box cut, open pit, and
				area mining, the uses of explosives and blasting; in situ distillation or
				retorting; leaching or other chemical or physical processing; and the cleaning,
				concentrating, or other processing or preparation of coal. These activities
				also include the loading of coal for interstate commerce at or near the
				mine-site, provided, these activities do not include the extraction of coal
				incidental to the extraction of other minerals, when coal does not exceed
				162/3% of the tonnage of minerals removed for purposes of commercial use or
				sale, or coal exploration subject to section 512 of the Federal Act; and
				provided further, that excavation for the purpose of obtaining coal includes
				extraction of coal from coal refuse piles; and
The areas upon which the activities described in the
				first paragraph of this definition occur or where those activities disturb the
				natural land surface. These areas shall also include any adjacent land the use
				of which is incidental to these activities, all lands affected by the
				construction of new roads or the improvement or use of existing roads to gain
				access to the site of those activities and for haulage and excavation,
				workings, impoundments, dams, ventilation shafts, entryways, refuse banks,
				dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes
				or depressions, repair areas, storage areas, processing areas, shipping areas,
				and other areas upon which are sited structures, facilities, or other property
				or material on the surface, resulting from or incident to those
				activities.
"Surface mining operations" means activities
				conducted on the surface of lands in connection with a surface coal mine or
				surface operations. Such activities include excavation for the purpose of
				obtaining coal including such common methods as contour, strip, auger,
				mountaintop removal, box cut, open pit, and area mining, coal recovery from
				coal waste disposal areas, the use of explosives and blasting, and in situ
				distillation or retorting, leaching or other chemical or physical processing,
				and the cleaning, concentrating, or other processing or preparation, loading of
				coal at or near the mine site; and the areas on which such activities occur or
				where such activities disturb the natural land surface. Such areas include any
				adjacent land the use of which is incidental to any such activities, all lands
				affected by the construction of new roads or the improvement or use of existing
				roads to gain access to the site of such activities and for haulage, and
				excavations, workings, impoundments, dams, refuse banks, dumps, stockpiles,
				overburden piles, spoil banks, culm banks, tailings, holes or depressions,
				repair areas, storage areas, processing areas, shipping areas and other areas
				upon which are sited structures, facilities, or other property or materials on
				the surface, resulting from or incident to such activities.
(Section
				1.03(a)(24) of the State Act)
"Suspended solids" or nonfilterable residue,
				expressed as milligrams per liter, means any materials carried or held in
				suspension in water that are retained by a standard glass fiber filter in the
				procedure outlined by the Environmental Protection Agency's regulations for
				waste water and analyses ( 40 CFR 136 ) (May 18, 2012).
"Temporary diversion" means a diversion of a stream
				or overland flow that is used during coal exploration or surface coal mining
				and reclamation operations and that the Department has not approved to remain
				after reclamation.
"Temporary impoundment" means an impoundment used
				during coal exploration or surface coal mining and reclamation operations and
				that the Department has not approved to remain after reclamation.
"Ton" means 2000 pounds avoirdupois (.90718 metric
				ton).
"Topsoil" means the A and E soil horizon layers of
				the four master soil horizons.
"Toxic-forming materials" means earth materials or
				wastes that, if acted upon by air, water, weathering, or microbiological
				processes, are likely to produce chemical or physical conditions in soils or
				water that are detrimental to living organisms or uses of water.
"Toxic mine drainage" means water that is discharged
				from active or abandoned mines or other areas affected by coal exploration or
				surface coal mining and reclamation operations that contains a substance that,
				through chemical action or physical effects, is likely to kill, injure or
				impair living organisms commonly present in the area that might be exposed to
				it.
"Transfer, assignment or sale of permit rights"
				means a change of a permittee.
"Underground development waste" means waste rock
				mixtures resulting from development of areas for underground mining
				activities.
"Underground mining activities" means a combination
				of:
Surface operations incident to underground
				extraction of coal or in situ processing, such as construction, use,
				maintenance, and reclamation of roads, above-ground repair areas, storage
				areas, processing areas, shipping areas, areas upon which are sited support
				facilities including hoist and ventilating ducts, areas utilized for the
				disposal and storage of waste, and areas on which materials incident to
				underground mining operations are placed; and
Underground operations such as underground
				construction, operation, and reclamation of shafts, adits, underground support
				facilities, in situ processing, and underground mining, hauling, storage, and
				blasting.
"Underground mining operations"
				means:
the underground excavation of coal;
				and
surface operations incident to the
				underground extraction of coal, such as construction, use, maintenance, and
				reclamation of roads, above-ground repair areas, storage areas, processing
				areas, shipping areas, areas on which are sited support facilities including
				hoist and ventilation ducts, areas used for the storage and disposal of waste,
				and areas on which materials incident to underground mining operations are
				placed; and
underground operations incident to
				underground excavation of coal, such as underground construction, operation,
				and reclamation of shafts, adits, underground support facilities, in situ
				processing, and underground mining, hauling, storage, or blasting.
(Section 1.03(a)(26) of the State Act)
"Unwarranted failure to comply" means the
				failure of a permittee to prevent the occurrence of any violation of the
				operator's permit or any requirement of the State Act due to indifference, lack
				of diligence, or lack of reasonable care, or the failure to abate any violation
				of such permit of the State due to indifference, lack of diligence, or lack of
				reasonable care.
(Section 1.03(a)(27) of the State Act)
"Valid existing rights". The definition of "valid
				existing rights" can be found in 62 Ill. Adm. Code
				1761.5.
"Valley fill" means a fill structure consisting of
				any material, other than organic material, that is placed in a valley where
				side slopes of the existing valley, measured at the steepest point, are greater
				than 20 degrees, or where the average slope of the profile of the valley from
				the toe of the fill to the top of the fill is greater than 10 degrees.
"Violation", when used in the context of the permit
				application information or permit eligibility requirements of sections 507 and
				510(c) of the Federal Act and Section 2.08 of the State Act and related
				regulations, means:
A failure to comply with an applicable provision of
				a federal or State law or regulation pertaining to air or water environmental
				protection, as evidenced by a written notification from a governmental entity
				to the responsible person; or
A noncompliance for which the Office has provided
				one or more of the following types of notice or a State regulatory authority
				has provided equivalent notice under corresponding provisions of a State
				regulatory program:
A notice of violation under 62 Ill. Adm. Code
				1843.12;
A cessation order under 62 Ill. Adm. Code
				1843.11;
A final order, bill or demand letter pertaining to a
				delinquent civil penalty assessed under 62 Ill. Adm. Code 1845 or 1846;
A bill or demand letter pertaining to delinquent
				reclamation fees owed under 30 CFR 870, effective November 14, 2008 (no
				incorporation in this Part includes later additions or amendments);
A notice of bond forfeiture under 62 Ill. Adm. Code
				1800.50
				when:
One or more violations upon which the forfeiture was
				based have not been abated or corrected;
The amount forfeited and collected is insufficient
				for full reclamation under Section
				1800.50(e)(1),
				the regulatory authority orders reimbursement for additional reclamation costs,
				and the person has not complied with the reimbursement order; or
The site is covered by self-bonding approved under
				62 Ill. Adm. Code
				1800.11(e),
				that self-bonding system requires reimbursement of any reclamation costs
				incurred above those covered by any site-specific bond, and the person has not
				complied with the reimbursement requirement and paid any associated
				penalties.
"Violation notice" means any written notification,
				from a governmental entity, whether by letter, memorandum, judicial or
				administrative pleading, or other written communication, as specified in the
				definition of violation in this Appendix.
"Water table" means the upper surface of a zone of
				saturation, where the body of ground water is not confined by an overlying
				impermeable zone.
"Wetland" means land that has a predominance of
				hydric soils (soils that are usually wet and where there is little or no free
				oxygen) and that is inundated or saturated by surface or groundwater at a
				frequency and duration sufficient to support, and that under normal
				circumstances does support, a prevalence of hydrophytic vegetation (plants
				typically found in wet habitats) typically adapted for life in saturated soil
				conditions. Areas are restored or created as the result of mitigation or
				planned construction projects and that function as a wetland are included
				within this definition even when all three wetland parameters are not
				present.
"Willful" or "Willfully" means that a person who
				authorized, ordered or carried out an act or omission that resulted in either a
				violation or the failure to abate or correct a violation, acted:
Intentionally, voluntarily, or consciously;
				and
With intentional disregard or plain indifference to
				legal requirements.