reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.17 - Revocation and Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Department responsibility. The Department shall conduct an annual compliance
			 review of the mining area, utilizing the annual report submitted pursuant to
			 Section
			 1702.18,
			 an on-site inspection and any other information available to the
			 Department.
b) If the Department
			 has reason to believe that a specific mining area was not exempt under the
			 provisions of this Part at the end of the previous reporting period, is not
			 exempt, or will be unable to satisfy the exemption criteria at the end of the
			 current reporting period, the Department shall notify the operator that the
			 exemption may be revoked unless the operator demonstrates to the Department
			 within thirty (30) days that the mining area in question should continue to be
			 exempt.
c) Exemption revocation.
1) If the Department finds that an operator
			 has not demonstrated that activities conducted in the mining area qualify for
			 the exemption, the Department shall revoke the exemption and immediately notify
			 the operator and any person having an interest which is or may be adversely
			 affected by the revocation and any person who submitted written comments or
			 objections to the exemption application pursuant to Section
			 1702.11(d).
			 If a decision is made not to revoke an exemption, the Department shall
			 immediately notify the operator and any person having an interest which is or
			 may be adversely affected by the decision and any person who submitted written
			 comments or objections to the exemption application pursuant to Section
			 1702.11(d).
2) Any person having an interest which is or
			 may be adversely affected may request administrative hearing of a decision
			 whether to revoke an exemption within thirty (30) days of the notification of
			 such decision in accordance with procedures established under 62 Ill. Adm. Code
			 1847.3.
3) A petition for administrative hearing
			 filed under 62 Ill. Adm. Code
			 1847.3
			 shall not suspend the effect of a decision whether to revoke an
			 exemption.
Illinois Administrative Code › Title 62 - MINING › Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 1702.18 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
			 report.
1) Following approval by the
			 Department of an exemption for a mining area, the person receiving the
			 exemption shall, for each mining area, file a written report annually with the
			 Department containing the information specified in subsection (b)
			 below.
2) The report shall be filed
			 no later than thirty (30) days after the end of the 12-month period as
			 determined in accordance with the definition of "cumulative measurement period"
			 in Section
			 1702.5.
3) The information in the report shall cover:
A) Annual production of coal and other
			 minerals and annual revenue derived from coal and other minerals during the
			 preceding 12-month period, and
B)
			 The cumulative production of coal and other minerals and the cumulative revenue
			 derived from coal and other minerals.
Illinois Administrative Code › Title 62 - MINING › Part 1703 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 1703.5 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 establishes the procedures for determining those surface coal mining and
			 reclamation operations that are exempt from the Act and this Part because the
			 extraction of coal is an incidental part of federal, State or local
			 government-financed highway or other construction.
b) This Part exempts the extraction of coal
			 that is incidental to government-financed construction from the requirements of
			 the Act and this Part, if that extraction meets specified criteria which ensure
			 the construction is government-financed and that the extraction of coal is
			 incidental to it.
Illinois Administrative Code › Title 62 - MINING › Part 1703 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 1703.10 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 is responsible for enforcing the requirements of this Part.
b) Any person conducting coal extraction as
			 an incidental part of government-financed construction is responsible for
			 possessing, on the site of the extraction operation, the documentation required
			 by
			 30 CFR
			 707.12.
Illinois Administrative Code › Title 62 - MINING › Part 1703 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 1703.15 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Coal extraction
			 that is an incidental part of government-financed construction is exempt from
			 the Act and this Part.
b) Any
			 person who conducts or intends to conduct coal extraction that does not satisfy
			 subsection (a) shall not proceed until a permit has been obtained from the
			 regulatory authority under a State regulatory program, federal regulatory
			 program, or federal lands program.
Illinois Administrative Code › Title 62 - MINING › Part 1703 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 1703.20 - Information To Be Maintained on Site

Current through Register Vol. 48, No. 28, July 12, 2024
Any person extracting coal incident to government-financed
				highway or other construction who extracts more than 250 tons of coal or
				affects more than two acres shall maintain, on the site of the extraction
				operation and available for inspection, documents that show:
a) a description of the construction
			 project;
b) the exact location of
			 the construction, right-of-way or the boundaries of the area that will be
			 directly affected by the construction; and
c) the government agency that is providing:
1) the financing; and
2) the kind and amount of public financing,
			 including the percentage of the entire construction costs represented by the
			 government financing.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.2 - Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The objectives of this Part are:
a) To ensure, as required by Section 9.06 of
			 the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat.
			 1985, ch. 96 1/2, par. 7909.06 ) (State Act), that each employee does not have
			 a direct or indirect financial interest in any surface coal mining
			 operation.
b) To define the
			 Director's monitoring, enforcing, and reporting responsibilities pursuant to
			 Section 9.06 of the State Act.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.4 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois
			 Department of Natural Resources (Department) shall:
1) Provide guidance to all employees required
			 to file statements pursuant to Section
			 1705.11;
2) Promptly review the statements of
			 employment and financial interests and supplements, if any, filed to determine
			 if the employee has correctly identified interests constituting a direct or
			 indirect financial interest in a surface coal mining operation;
3) Resolve prohibited financial interest
			 situations by remedial action or by reporting the violations to the Office of
			 Surface Mining Reclamation and Enforcement.
4) Certify on each financial statement that:
A) The Department reviewed the financial
			 statement;
B) Any prohibited
			 financial interests have been resolved; and
C) The State identifies no other prohibited
			 interests.
5) Submit to
			 the Office of Surface Mining Reclamation and Enforcement requested statistics
			 and information to enable preparation of the required annual report to
			 Congress;
6) Submit to the Office
			 of Surface Mining Reclamation and Enforcement the initial listing and
			 subsequent annual listings of positions which Section
			 1705.11(b),
			 (c), and (d) require;
7) Furnish a blank statement forty-five (45)
			 days in advance of the filing date which Section
			 1705.13(a)
			  establishes to each employee required to
			 file a statement; and
8) Inform
			 annually each employee required to file a statement with the Director of the
			 name, address, and telephone number of the person whom the employee may contact
			 for advice and counseling.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.6 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 9.06 of
			 the State Act prohibits each employee of the Department who performs any
			 function or duty under the State Act from having a direct or indirect financial
			 interest in any surface coal mining operation. The State Act provides that
			 whoever knowingly violates the provisions of Section 9.06 shall, upon
			 conviction, be punished by a fine of not more than two thousand, five hundred
			 dollars ($2,500), or by imprisonment of not more than one (1) year, or by
			 both.
b) An employee who fails to
			 file the required statement will be considered in violation of Section 9.06 of
			 the State Act and will be subject to discharge or suspension pursuant to 80
			 Ill. Adm. Code 1.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.11 - Who Shall File

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any employee
			 who performs any function or duty under the State Act is required to file a
			 statement of employment and financial interests. An employee who occupies a
			 position which has been determined by the Director not to involve performance
			 of any function or duty under the Act or who is no longer employed by the
			 Department at the time a filing is due, is not required to file a
			 statement.
b) The Director shall
			 prepare a list of positions within Illinois state government that involve
			 performance of any functions or duties under the State Act. Only those persons
			 who occupy a listed position will be subject to the filing requirements of
			 Section 517(g) of the Surface Mining Control and Reclamation Act of 1977 (the
			 Federal Act) (
			 30 U.S.C.
			 1201 et seq.).
c) The Director shall prepare and submit to
			 the Federal Director, an initial listing of positions that do not involve
			 performance of any functions or duties under the Act within sixty (60) days of
			 the effective date of these regulations.
d) The Director shall annually review and
			 update this listing. For monitoring and reporting reasons, the listing must be
			 submitted to the Federal Director and must contain a written justification for
			 inclusion of the positions listed. Proposed revisions or a certification that
			 revision is not required shall be submitted to the Federal Director by no later
			 than September 30 of each year. The Director may revise the listing of
			 positions at any time the Director determines such revisions are required to
			 carry out the purpose of the law or the purposes of Part 1705. Revisions in the
			 listing of positions are effective upon notification to the holder of the
			 positions added to or deleted from the list.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.13 - When to File

Current through Register Vol. 48, No. 28, July 12, 2024
a) Employees
			 shall file annually on February 1 of each year, or at such other date as the
			 Director of the Office of Surface Mining Reclamation and Enforcement may
			 direct.
b) A new employee will be
			 required to file upon becoming an employee.
c) An employee who has filed a statment
			 pursuant to subsection (b) is not required to file a statement pursuant to
			 subsection (a) if the employee filed a statement pursuant to subsection (b)
			 after December 1, but before February 1 of the following year.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.15 - Where to File

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall file his or her statement with the Federal
				Director. All other employees, as provided in Section
				1705.11, shall
				file their statement with the legal counsel to the
				Department.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.17 - What to Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 employee shall report, on OSM Form 23, all employment and financial interests
			 of the employee, the employee's spouse, minor children, or other relatives who
			 are fulltime residents of the employee's home.
b) Listing of all financial interests. The
			 employee is to answer the questions on OSM Form 23 as follows:
1) Employment. Any continuing financial
			 interests in business entities and nonprofit organizations through a pension or
			 retirement plan, shared income, salary, or other income arrangement as a result
			 of prior or current employment. Retirement income is exempt from reporting if
			 the Department's actions will not affect the amount of income to the employee,
			 his or her spouse, or other resident relative. The employee is exempt from
			 reporting any income from a retirement plan in which the income will be
			 unaffected by the Department's actions.
2) Securities. Any financial interest in
			 business entities and nonprofit organizations through ownership of stock, stock
			 options, bonds, securities, or other arrangements including trusts. An employee
			 is exempt from reporting holdings in widely diversified mutual funds,
			 investment clubs, or regulated investment companies not specializing in surface
			 coal mining operations.
3) Real
			 property. Any ownership, lease, royalty, or other interest or rights in surface
			 or mineral estates. An employee is exempt from reporting any land occupied as a
			 personal resident.
4) Creditors.
			 Any debts owed to business entities or nonprofit organizations which directly
			 earn income from surface coal mining operations.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.18 - Gifts and Gratuities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
			 as provided in subsection (b), employees shall not solicit or accept, directly
			 or indirectly, any gift, gratuity, favor, entertainment, loan, or any other
			 thing of monetary value from a company which conducts or is seeking to conduct
			 surface coal mining operations.
b)
			 The prohibitions in subsection (a) do not apply in the context of family or
			 personal relationships, such as those between the parents, children, or spouse
			 of the employee and the employee, when the circumstances make it clear that it
			 is those relationships rather than the business of the persons concerned which
			 are the motivating factors. An employee may accept:
1) Food and refreshments of nominal value on
			 infrequent occasions in the ordinary course of a luncheon, dinner, or other
			 meeting where an employee may properly be in attendance; and
2) Unsolicited advertising or promotional
			 material, such as pens, pencils, note pads, calendars, and other items of
			 nominal value.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.19 - Resolving Prohibited Interests

Current through Register Vol. 48, No. 28, July 12, 2024
Actions to be taken by the Director:
a) Remedial action to effect resolution. If
			 an employee has a prohibited financial interest, the Director shall promptly
			 advise the employee that remedial action which will resolve the prohibited
			 interest is required within ninety (90) days.
b) The Director shall take one or more of the
			 following remedial actions:
1) Reassignment of
			 the employee to a position which performs no function or duty under the State
			 Act;
2) Requiring the employee's
			 divestiture of the prohibited financial interest; or
3) Other appropriate action which either
			 eliminates the prohibited interest or eliminates the situation which creates
			 the conflict.
Illinois Administrative Code › Title 62 - MINING › Part 1705 - RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 1705.21 - Appeals Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Any employee who is dissatisfied with the Director's decision
				may file an appeal within thirty (30) days after the Department mails the
				Director's decision to the employee. The Department shall a hold a hearing in
				accordance with the procedures outlined in 62 Ill. Adm. Code
				1847.3.
(Amended at 17 Ill. Reg. 11080, effective July 1,
				1993)
Illinois Administrative Code › Title 62 - MINING › Part 1761 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 1761.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the procedures and standards to be
				followed in determining whether a proposed surface coal mining and reclamation
				operation can be permitted in light of the prohibitions and limitations in
				Section 7.01 of The Surface Coal Mining Land Conservation and Reclamation Act
				(The State Act) for those types of operations on certain Federal, public and
				private lands.
Illinois Administrative Code › Title 62 - MINING › Part 1761 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 1761.11 - Areas Where Mining is Prohibited or Limited

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to valid existing rights, no surface coal mining
				operations shall be conducted after August 3, 1977, unless those operations
				existed on the date of enactment:
a)
			 On any lands within the boundaries of the National Park System, the National
			 Wildlife Refuge System, the National System of Trails, the National Wilderness
			 Preservation System, the Wild and Scenic Rivers System, including study rivers
			 designated under section 5(a) of the Wild and Scenic Rivers Act (
			 16
			 USC 1276(a) ) or study
			 rivers or study river corridors as established in guidelines pursuant to that
			 Act published at 47 FR 39454 (September 7, 1982), and National Recreation Areas
			 designated by Act of Congress. The guidelines at 47 FR 39454 do not include any
			 subsequent editions or amendments;
b) On any Federal lands within the boundaries
			 of any national forest; provided, however, that surface coal mining operations
			 may be permitted on such lands, if the Secretary of the United States
			 Department of the Interior (Secretary) finds that there are no significant
			 recreational, timber, economic, or other values which may be incompatible with
			 surface coal mining operations; and surface operations and impacts are incident
			 to an underground coal mine;
c) On
			 any lands which will adversely affect any publicly owned park or any places
			 included on the National Register of Historic Places, unless approved jointly
			 by the Department and the Federal, State or local agency with jurisdiction over
			 the park or places;
d) Within 100
			 feet measured horizontally of the outside right-of-way line of any public road,
			 except:
1) Where mine access roads or haulage
			 roads join such right of way lines; or
2) Where the Illinois Department of Natural
			 Resources, Office of Mines and Minerals (Department) and the public road
			 authority with jurisdiction over the road under Illinois law allows the public
			 road to be relocated, closed, or where the Department allows the area affected
			 to be within 100 feet of such road, after:
A)
			 Public notice and opportunity for a public hearing in accordance with Section
			 1761.14;
			 and
B) Making a written finding
			 that the interests of the affected public and landowners will be
			 protected;
Illinois Administrative Code › Title 62 - MINING › Part 1761 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 1761.12 - Exceptions to Existing Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The prohibitions and limitations of Section
				1761.11
				do not apply to:
a) Surface coal
			 mining operations for which a valid permit, issued under Illinois' approved
			 regulatory program, exists when the land comes under the protection of Section
			 1761.11. This exception applies only to lands within the permit area as it
			 exists when the land comes under the protection of Section 1761.11.
b) With respect to operations subject to the
			 interim program rules at 62 Ill. Adm. Code 300, lands upon which validly
			 authorized surface coal mining operations exist when the land comes under the
			 protection of Section 1761.11.
Illinois Administrative Code › Title 62 - MINING › Part 1761 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 1761.14 - Procedures for Relocation or Closing of a Public Road or Waiving the Prohibition on Surface Coal Mining Operations within the Buffer Zone of a Public Road

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
			 does not apply to:
1) Lands for which a person
			 has valid existing rights, as determined under Section
			 1761.16.
2) Lands within the scope of the exception
			 for existing operations in Section
			 1761.12.
3) Access or haul roads that join a public
			 road, as described in Section
			 1761.11(d)(1).
Illinois Administrative Code › Title 62 - MINING › Part 1761 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 1761.15 - Procedures for Waiving the Prohibition on Surface Coal Mining Operations within the Buffer Zone of an Occupied Dwelling

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section does not apply to:
1) Lands for which a person has valid
			 existing rights, as determined under Section
			 1761.16.
2) Lands within the scope of the exception
			 for existing operations in Section
			 1761.12.
3) Access or haul roads that connect with an
			 existing public road on the side of the public road opposite the dwelling, as
			 provided in Section
			 1761.11(e)(2).
Illinois Administrative Code › Title 62 - MINING › Part 1761 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 1761.17 - Department Obligations at Time of Permit Application Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of
			 an administratively complete application for a permit for a surface coal mining
			 operation, or an administratively complete application for revision of the
			 boundaries of a surface coal mining operation permit, the Department must
			 review the application to determine whether the proposed surface coal mining
			 operation would be located on any lands protected under Section
			 1761.11.
b) The Department must reject any portion of
			 the application that would locate surface coal mining operations on land
			 protected under Section
			 1761.11
			 unless:
1) The site qualifies for the
			 exception for existing operations under Section
			 1761.12;
2) A person has valid existing rights for the
			 land, as determined under Section
			 1761.16;
3) The applicant obtains a waiver or
			 exception from the prohibitions of Section
			 1761.11
			 in accordance with Sections
			 1761.14
			 and
			 1761.15;
			 or
4) For lands protected by
			 Section
			 1761.11(c),
			 both the regulatory authority and the agency with jurisdiction over the park or
			 place jointly approve the proposed operation in accordance with subsection (d)
			 of this Section.
Illinois Administrative Code › Title 62 - MINING › Part 1762 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1762.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the minimum criteria to be used in
				determining whether lands should be designated as unsuitable for all or certain
				types of surface coal mining operations.
Illinois Administrative Code › Title 62 - MINING › Part 1762 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1762.11 - Criteria for Designating Lands as Unsuitable

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon petition, an area shall be designated
			 as unsuitable for all or certain types of surface coal mining operations, if
			 the Department determines that reclamation is not technologically and
			 economically feasible under the Surface Coal Mining and Conservation and
			 Reclamation Act (the State Act), and these regulations.
b) Upon petition, an area may be (but is not
			 required to be) designated as unsuitable for certain types of surface coal
			 mining operations, if the operations will:
1)
			 Be incompatible with existing State or local land use plans or
			 programs;
2) Affect fragile or
			 historic lands in which the operations could result in significant damage to
			 important historic, cultural, scientific, or esthetic values or natural
			 systems;
3) Affect renewable
			 resource lands in which the operations could result in a substantial loss or
			 reduction of long-range productivity of water supply, or of food or fiber
			 products; or
4) Affect natural
			 hazard lands in which the operations could substantially endanger life and
			 property, such lands to include areas subject to frequent flooding and areas of
			 unstable geology.
Illinois Administrative Code › Title 62 - MINING › Part 1762 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1762.13 - Land Exempt From Designation as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Part do not apply to:
a) Lands on which surface coal mining
			 operations were being conducted on the date of enactment;
b) Lands covered by a permit issued under the
			 Act; or
c) Lands where substantial
			 legal and financial commitments in surface coal mining operations were in
			 existence prior to January 4, 1977.
Illinois Administrative Code › Title 62 - MINING › Part 1762 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1762.14 - Applicability to Lands Designated as Unsuitable by Congress

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department determines that the proposed surface coal
				mining operation is not prohibited under Section 7.01 of the State Act and 62
				Ill. Adm. Code
				1761.11,
				it may nevertheless, pursuant to appropriate petitions, designate such lands as
				unsuitable for all or certain types of surface coal mining operations pursuant
				to 62 Ill. Adm. Code 1762 or 1764.
Illinois Administrative Code › Title 62 - MINING › Part 1762 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1762.15 - Exploration on Lands Designated as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 48, No. 28, July 12, 2024
Designation of any area as unsuitable for all or certain types
				of surface coal mining operations pursuant to Section 7.02(a), (b) and (c) of
				the State Act and 62 Ill. Adm. Code 1761 through 1764 does not prohibit coal
				exploration operations in the area, if conducted in accordance with the State
				Act and 62 Ill. Adm. Code 1700 through 1850 and other applicable requirements.
				Exploration operations on any lands designated unsuitable for surface coal
				mining operations must be approved by the Department under 62 Ill. Adm. Code
				1772 to insure that exploration does not interfere with any value for which the
				area has been designated unsuitable for surface coal mining.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.11 - General Process Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The State shall establish a process enabling objective
				decisions to be made on which, if any, land areas of the State are unsuitable
				for all or certain types of surface coal mining operations. These decisions
				shall be based on competent, scientifically sound data, and other relevant
				information. This process shall include the requirements listed in this
				Part.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.13 - Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Right to
			 petition. Any person having an interest which is or may be adversely affected
			 has the right to petition the Illinois Department of Natural Resources
			 (Department) to have an area designated as unsuitable for surface coal mining
			 operations, or to have an existing designation terminated. For the purpose of
			 this action, a person having an interest which is or may be adversely affected
			 must demonstrate how he or she meets an "injury in fact" test by describing the
			 injury to his or her specific affected interests and demonstrate how he or she
			 is among the injured.
b)
			 Designation. The Department shall determine what information must be provided
			 by the petitioner to have an area designated as unsuitable for surface coal
			 mining operations.
1) At a minimum, a complete
			 petition for designation shall include:
A) The
			 petitioner's name, address, telephone number, and notarized
			 signature;
B) Identification of the
			 petitioned area, including its location and size, and a U.S. Geological Survey
			 topographic map outlining the perimeter of the petitioned area;
C) An identification of the petitioner's
			 interest which is or may be adversely affected by surface coal mining
			 operations, including a statement demonstrating how the petitioner satisfies
			 the requirements of subsection (a);
D) A description of how mining of the area
			 has affected or may adversely affect people, land, air, water or other
			 resources, including the petitioner's interests; and
E) Allegations of fact and supporting
			 evidence, covering all lands in the petition area, which tend to establish that
			 the area is unsuitable for all or certain types of surface coal mining
			 operations, pursuant to specific criteria of Sections 7.02(a) and (b) of the
			 Surface Coal Mining Land Conservation and Reclamation Act [225
			 ILCS 720/7.02(a) and (b) ] (State
			 Act), assuming that contemporary mining practices required under applicable
			 regulatory programs would be followed if the area were to be mined. Each of the
			 allegations of fact should be specific as to the mining operation, if known,
			 and the portion(s) of the petitioned area and petitioner's interests to which
			 the allegation applies and be supported by evidence that tends to establish the
			 validity of the allegations for the mining operation or portion of the
			 petitioned areas.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.15 - Initial Processing, Recordkeeping, and Notification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Processing of
			 Petitions
1) Within 60 days after receipt of a
			 petition, the Department shall notify the petitioner by certified mail whether
			 or not the petition is complete under Section
			 1764.13(b) or
			 (c). Complete, for a designation or
			 termination petition, means that the information required under Section
			 1764.13(b) or (c)
			  has been provided.
2) The Department shall determine whether any
			 identified coal resources exist in the area covered by the petition, without
			 requiring any showing from the petitioner. If the Department finds there are
			 not any identified coal resources in that area, it shall return the petition to
			 the petitioner with a statement of the findings.
3) If the Department determines that the
			 petition is incomplete, frivolous, or that the petitioner does not meet the
			 requirements of Section
			 1764.13(a),
			 it shall return the petition to the petitioner with a written statement of the
			 reasons for the determination and the categories of information needed to make
			 the petition complete. A frivolous petition is one in which the allegations of
			 harm lack serious merit.
4) When
			 considering a petition for an area which was previously and unsuccessfully
			 proposed for designation, the Department shall determine if the new petition
			 presents significant new allegations of facts with evidence which tends to
			 establish the allegations. If the petition does not contain such material, the
			 Department shall not consider the petition and shall return the petition to the
			 petitioner, with a statement of its findings and a reference to the record of
			 the previous designation proceedings where the facts were considered.
5) The Department shall notify the person who
			 submits a petition of any application for a permit received which includes any
			 area covered by the petition.
6)
			 The Department shall not process any petition received insofar as it pertains
			 to lands for which an administratively complete permit application has been
			 filed and the first newspaper notice has been published. Based on such a
			 determination, the Department may issue a decision on a complete and accurate
			 permit application and shall inform the petitioner why the Department cannot
			 consider the part of the petition pertaining to the proposed permit
			 area.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.17 - Hearing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
1) Within ten (10) months after receipt of a
			 complete petition, the Department shall hold a public hearing in the locality
			 of the area covered by the petition. If all petitioners and intervenors agree,
			 the hearing need not be held. Any party to a hearing may be represented by
			 counsel, make oral or written arguments, offer testimony and cross-examine
			 witnesses, cause the issuance of subpoenas, or take any combination of such
			 actions. The rules of evidence and privilege as applied in civil cases in the
			 circuit courts of Illinois shall be followed. Irrelevant, immaterial, or unduly
			 repetitious evidence shall be excluded. However, evidence not admissable under
			 such rules of evidence, including, without limitation, citizen opinion on
			 whether lands fall within the criteria for unsuitability and should be
			 designated unsuitable, may be admitted if it is of a type commonly relied upon
			 by reasonably prudent men in the conduct of their affairs. Objections to
			 evidentiary offers may be made and shall be noted in the record. Subject to
			 these requirements, when a hearing will be expedited, and the parties will not
			 be prejudiced, any part of the evidence may be received in written form. The
			 Department shall make a verbatim transcript of the hearing. All relevant parts
			 of the data base and inventory system and all public comments received during
			 the public comment period shall be included in the record and considered by the
			 Department in its decision on the petition.
2) The Department's decision shall be made
			 based on substantial evidence in the record, which shall, insofar as
			 practicable, include competent and scientifically sound data and information or
			 other relevant evidence supporting the decision. If any party desires to rely
			 upon information specified in Section
			 1764.19(a),
			 then by the close of the record or such other convenient time set by the
			 hearing officer, it shall so notify the Department and other parties,
			 specifying clearly the particular information relied on, the reasons for
			 reliance and the alleged relevance, validity and effect on such information.
			 Other parties shall have opportunity to comment thereon. If in the course of
			 preparing its decision the Department uses information specified in Section
			 1764.19(a),
			 and not noted by a party, notice of such use and opportunity for comment
			 thereon shall be given the parties prior to the Department's final
			 decision.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.19 - Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) In reaching its
			 decision, the Department shall use:
1) The
			 information contained in the data base and inventory system;
2) Information provided by other governmental
			 agencies;
3) The Land Report
			 prepared under Section
			 1764.15(c);
			 and
4) Any other relevant
			 information submitted during the comment period.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.21 - Data Base and Inventory System Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall develop a data base
			 and inventory system which will permit evaluation of whether reclamation is
			 feasible in areas covered by petitions.
b) The Department shall include in the system
			 information relevant to the criteria in 62 Ill. Adm. Code
			 1762.11,
			 including, but not limited to, information received from the United States Fish
			 and Wildlife Service, the State Historic Preservation Officer, and the agency
			 administering Section 127 of the Clean Air Act, as amended (
			 42 U.S.C.
			 7470 et seq.).
c) The Department shall add to the data base
			 and inventory system information:
1) On
			 potential coal resources of the State, demand for those resources, the
			 environment, the economy and the supply of coal, sufficient to enable the
			 Department to prepare the statements required by Section
			 1764.17(e);
			 and
2) That becomes available from
			 petitions, publications, experiments, permit applications, mining and
			 reclamation operations, and other sources.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.23 - Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall:
a) Make the information from the data base
			 and inventory system developed under Section
			 1764.21
			 available to the public for inspection free of charge and for copying at
			 reasonable cost except that specific information relating to location of
			 properties proposed to be nominated to, or listed in, the National Register of
			 Historic Places need not be disclosed if the Department determines that the
			 disclosure of such information would create a risk of destruction or harm to
			 such properties;
b) Provide
			 information to the public on the petition procedures necessary to have an area
			 designated as unsuitable for all or certain types of surface coal mining
			 operations or to have designations terminated and describe how the inventory
			 and data base system can be used.
Illinois Administrative Code › Title 62 - MINING › Part 1764 - STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 1764.25 - Regulatory Authority Responsibility for Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall not issue permits
			 which are inconsistent with designations made pursuant to 62 Ill. Adm. Code
			 1761, 1762, or 1764.
b) The
			 Department shall maintain a map or other unified and cumulative record of areas
			 designated as unsuitable for all or certain types of surface coal mining
			 operations.
c) The Department shall
			 make available to any person any information within the Department's control
			 regarding designations, including mineral or elemental content which is
			 potentially toxic in the environment but excepting proprietary information on
			 the chemical and physical properties of the coal.
Illinois Administrative Code › Title 62 - MINING › Part 1772 - REQUIREMENTS FOR COAL EXPLORATION › Section 1772.1 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This part establishes the requirements and procedures
				applicable to coal exploration operations on all lands except for Federal lands
				subject to the requirements of 43 CFR 3480 - 3487(1986).
Illinois Administrative Code › Title 62 - MINING › Part 1772 - REQUIREMENTS FOR COAL EXPLORATION › Section 1772.11 - Notice Requirements for Exploration Removing 250 Tons of Coal or Less

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
			 intends to conduct coal exploration operations outside the permit area during
			 which less than 250 tons of coal will be removed shall prior to conducting the
			 exploration, file with the Illinois Department of Natural Resources, Office of
			 Mines and Minerals (Department) a written notice of intention to
			 explore.
b) The notice shall
			 include:
1) The name, address, and telephone
			 number of the person seeking to explore;
2) The name, address, and telephone number of
			 the person's representative who will be present at, and responsible for,
			 conducting the exploration activities;
3) A statement of the period of intended
			 exploration, and a precise narrative or other specific description of the
			 location of the intended exploration which identifies which Sections will be
			 affected;
4) A description of the
			 method of exploration to be used and the practices that will be followed to
			 protect the environment and to reclaim the area from adverse impacts of the
			 exploration activities in accordance with the applicable requirements of 62
			 Ill. Adm. Code 1815;
5) In
			 addition, the notice shall include a copy of a fully executed "Application for
			 Test Hole Permit" (Form OG-7) or "Test Hole Record and Plugging Affidavit"
			 (Form OG-8) if required by the Oil and Gas Division of the Department for the
			 proposed activities. Forms are available from the Oil and Gas Division of the
			 Department which will supervise closure in accordance with 62 Ill. Adm. Code
			 240.
Illinois Administrative Code › Title 62 - MINING › Part 1772 - REQUIREMENTS FOR COAL EXPLORATION › Section 1772.13 - Coal Exploration Compliance Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) All coal exploration and reclamation
			 activities which substantially disturb the land surface shall be conducted in
			 accordance with the coal exploration requirements of the Act, this Part, 62
			 Ill. Adm. Code 1815, and the regulatory program, and any conditions on approval
			 for exploration and reclamation imposed by the Department.
b) Any person who conducts any coal
			 exploration in violation of the provisions of this Part, 62 Ill. Adm. Code
			 1815, or the regulatory program, or any exploration permit term or condition
			 imposed by the Department shall be subject to the provisions of Section 518 of
			 the Act, 62 Ill. Adm. Code 1840 through 1845 and the applicable inspection and
			 enforcement provisions of the regulatory program.
Illinois Administrative Code › Title 62 - MINING › Part 1772 - REQUIREMENTS FOR COAL EXPLORATION › Section 1772.14 - Requirements for Commercial Use or Sale

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided under 62 Ill. Adm. Code
			 1772.14(b)
			 and
			 1700.11(a)(3),
			 any person who intends to commercially use or sell coal extracted during coal
			 exploration operations under an exploration permit, shall first obtain a permit
			 to conduct surface coal mining operations for those operations from the
			 Department under 62 Ill. Adm. Code 1773 through 1785.
b) With the prior written approval of the
			 Department, no permit to conduct surface coal mining operations is required for
			 the sale or commercial use of coal extracted during exploration operations if
			 such sale or commercial use is for coal testing purposes only. The person
			 conducting the exploration shall file an application for such approval with the
			 Department. The application shall demonstrate that the coal testing is
			 necessary for the development of a surface coal mining and reclamation
			 operation for which a surface coal mining operations permit application is to
			 be submitted in the near future, and that the proposed commercial use or sale
			 of coal extracted during exploration operations is solely for the purpose of
			 testing coal. The application shall contain the following:
1) The name of the testing firm and the
			 locations at which the coal will be tested.
2) If the coal will be sold directly to, or
			 commercially used directly by, the intended end user, a statement from the
			 intended end user, or if the coal is sold indirectly to the intended end user
			 through an agent or broker, a statement from the agent or broker. The statement
			 shall include:
A) The specific reason for the
			 test, including why the coal may be so different from the intended user's other
			 coal supplies as to require testing;
B) the amount of coal necessary for the test
			 and why a lesser amount is not sufficient; and
C) a description of the specific tests that
			 will be conducted.
3)
			 Evidence that sufficient reserves of coal are available to the person
			 conducting exploration or its principals for future commercial use or sale to
			 the intended end user, or agent or broker of such user identified above, to
			 demonstrate that the amount of coal to be removed is not the total reserve, but
			 is a sampling of a larger reserve.
4) An explanation as to why other means of
			 exploration, such as core drilling, are not adequate to determine the quality
			 of the coal and/or the feasibility of developing a surface coal mining
			 operation.
Illinois Administrative Code › Title 62 - MINING › Part 1772 - REQUIREMENTS FOR COAL EXPLORATION › Section 1772.15 - Public Availability of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b) all
			 information submitted to the Department under this Part shall be made available
			 for public inspection and copying at the local offices of the Department
			 closest to the exploration area.
b)
1) The Department shall not make information
			 available for public inspection, if the person submitting it requests in
			 writing, at the time of submission, that it not be disclosed and the Department
			 determines that the information is confidential.
2) The Department shall determine that
			 information is confidential only if it concerns trade secrets or is privileged
			 commercial or financial information which relates to the competitive rights of
			 the person intending to conduct coal exploration.
3) Information requested to be held as
			 confidential under this Section shall not be made publicly available until
			 after notice and opportunity to be heard is afforded persons both seeking and
			 opposing disclosure of the information.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.1 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part provides minimum requirements for permits and permit
				processing and covers obtaining and reviewing permits; coordinating with other
				laws; public participation; permit decision and notification; permit
				conditions; and permit term and right of renewal.