Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except where the context clearly requires special meaning, the
				following terms shall have the following definitions:
"Adjudicative Hearing" means a formal hearing pursuant to rules
				of the Authority, consistent with the Illinois Administrative Procedure Act [5
				ILCS 100 ].
"Application" means an application for a permit for a new mine,
				or an application for an amendment where amendment of a Section 4 permit is
				required.
"Combined permit" is the permit issued to a new surface coal
				mining operation which is required to meet the requirements of Section 4 and
				Section 17 of the Surface-Mined Land Conservation and Reclamation Act and these
				regulations; or, a previously issued Section 4 permit into which these
				regulations incorporate Section 17 conditions.
"Complete Application" means an application which appears to
				the Authority to contain information required by the Authority before
				application processing begins.
"Consultation" means a discussion, in person, by telephone or
				by written communication, concerning possible standards and conditions of a
				permit, or factors affecting a determination.
"Determination" is an action by the Authority that grants
				permission, directs reclamation or other regulated effort, stipulates
				performance standards or criteria, or like action which is within the power and
				judgement of the Authority. Determinations may occur in the course of
				operations by a permittee; any determination applicable to permitted operations
				shall operate as a condition of the applicable permit.
"Director" means the Director of the Department ofNatural
				Resourcesor such officer, bureau or commission as may lawfully succeed to the
				powers and duties of such Director.
"Existing Surface Mine" means the area within the definition of
				surface coal mining operations, which possessed a permit under Section 4 of the
				Surface-Mined Land Conversation and Reclamation Act prior to February 3,
				1978.
"Existing Underground Coal Mine" means the area included within
				the definition of surface coal mining operations, as to which notice of opening
				was filed pursuant to the Coal Mining Act [225 ILCS 705 before February 3,
				1978.
"Federal Act" means the Surface Mining Control and Reclamation
				Act of 1977 ( P.L. 95-87;
				30 U.S.C.
				1201, et. seq.).
"Federal Surface Regulations" means performance standards,
				procedures, definitions, requirements and the provisions of the following
				interim rules of the Department of Interior, Office of Surface Mining:
				30
				CFR 700.5,
				700.11,
				710.2,
				710.5,
				710.11,
				710.12,
				Part 715(all), Part 716(all), and Part 720(all).
"Federal Underground Mine Regulations" means 30 CFR 717, and
				such other regulations as are referred to therein.
"Findings" means a factual, technical or legal finding of the
				Regulatory Authority.
"Illinois Act" or "Act" means the Surface-Mined Land
				Conservation and Reclamation Act, as amended by P.A. 80-1342 [225 ILCS 715
				].
"Interagency Committee" or "IC" means the Interagency Committee
				on Surface Mining Conservation and Reclamation established for a given permit
				application pursuant to Section 17 (f) (1) of the Illinois Act.
"Meeting" means a public meeting, not including a
				hearing.
"Mine" means a coal mine.
"New Mine" means a surface coal mining operation upon which
				construction commenced after February 2, 1978, or which was opened for the
				first time after February 2, 1978.
"Office of Surface Mining" or "OSM" means the Office of Surface
				Mining Reclamation and Enforcement in the United States Department of the
				Interior.
"Person" means any individual, proprietorship, partnership,
				corporation, joint venture, unit of local government, county, state or the
				United States.
"Prime Farmland" means lands defined as prime farmlands by
				30 CFR 716.7(a)(1) and
				(b).
"Public Hearing" means a quasi-legislative type hearing held
				pursuant to rules of the Authority, consistent with the Illinois Administrative
				Procedure Act [5 ILCS 100 ] but may include presentation of testimony and
				evidence, and an opportunity for cross-examination.
"Regulatory Authority" or "Authority" means the Director and
				Land Reclamation Division in the Illinois Department of Natural
				Resources.
"Request for Determination" means a written request by a
				permittee or owner or operator of a surface coal mining operation for
				permission or a certification of compliance from the Regulatory Authority,
				where a permit application is not required, and includes requests for approvals
				required to be given by the Regulatory Authority pursuant to the Federal
				Surface Regulations or the Federal Underground Mine Regulations where no public
				hearing is required.
"Section 4 permit" means a permit required by Section 4 of the
				Illinois Act.
"Section 17 conditions" are those conditions of a permit
				imposed pursuant to Section 17 of the Illinois Act and these regulations upon
				an existing surface mine.
"Section 17 permit" is the permit issued in accordance with
				Section 17 of the Illinois Act and these regulations to surface coal mining
				operations that are not subject to Section 4 of the Illinois Act.
"Section 4 Regulations" means the Rules of the Illinois
				Department of Natural Resources adopted pursuant to Section 12 of the Illinois
				Act and applicable to persons or operations required to obtain a permit
				pursuant to Section 4 of the Illinois Act.
"Surface coal mining operation" includes both surface and
				underground coal mining operations as defined in Section 701 (28) of the
				Federal Act and
				30
				CFR 700.5
"Surface Mining" means surface mining for coal as defined in
				the Illinois Act, Section 3(c) [225 ILCS
				715/3 ].