reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.74 - Disposal of Excess Spoil: Durable Rock Fills

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may approve the alternative method of disposal
				of excess durable rock spoil by gravity placement in single or multiple lifts,
				provided the following conditions are met:
a) Except as provided in this Section, the
			 requirements of Section
			 1816.71
			 are met.
b) The excess spoil
			 consists of at least eighty (80) percent, by volume, durable, nonacid- and
			 nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in
			 water and will not degrade to soil material. Where used, noncemented clay
			 shale, clay spoil, soil or other nondurable excess spoil material shall be
			 mixed with excess durable rock spoil in a controlled manner such that no more
			 than twenty (20) percent of the fill volume, as determined by tests performed
			 by a registered professional engineer and approved by the Department, is not
			 durable rock.
c) A qualified
			 registered professional engineer seals that the design will ensure the
			 stability of the fill and meet all other applicable requirements of this
			 Part.
d) The fill is designed to
			 attain a minimum long-term static safety factor of
			 1.5, and an earthquake
			 safety factor of
			 1.1.
e) The underdrain system may be constructed
			 simultaneously with excess spoil placement by the natural segregation of dumped
			 materials, provided the resulting underdrain system is capable of carrying
			 anticipated seepage of water due to rainfall away from the excess spoil fill
			 and from seeps and springs in the foundation of the disposal area and the other
			 requirements in Section
			 1816.71
			 are met.
f) Surface water runoff
			 from areas adjacent to and above the fill is not allowed to flow onto the fill
			 and is diverted into stabilized diversion channels designed to meet the
			 requirements of Section
			 1816.43 and to safely
			 pass the runoff from a one hundred (100) year, six (6) hour precipitation
			 event.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.75 - Disposal of Excess Spoil: Preexisting Benches

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department may approve the disposal of
			 excess spoil through placement on preexisting benches, provided that all the
			 standards set forth in Section
			 1816.71(a),
			 (b)(1), (d) through (i) and the requirements
			 of this Section are met.
b) Excess
			 spoil shall be placed only on the solid portion of the preexisting
			 bench.
c) The fill shall be
			 designed, using current, prudent engineering practices, to attain a long-term
			 static safety factor of
			 1.3 for all portions of
			 the fill.
d) The preexisting bench
			 shall be backfilled and graded to:
1) Achieve
			 the most moderate slope possible which does not exceed the angle of repose;
			 and
2) Eliminate the highwall to
			 the maximum extent technically practical.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.79 - Protection of Underground Mining

Current through Register Vol. 48, No. 28, July 12, 2024
No surface mining activities shall be conducted closer than
				five hundred (500) feet to any point of either an active or abandoned
				underground mine, except to the extent that:
a) The activities result in improved resource
			 recovery, abatement of water pollution, or elimination of hazards to the health
			 and safety of the public; and
b)
			 The nature, timing and sequence of the activities that propose to mine closer
			 than five hundred (500) feet to an active underground mine are jointly approved
			 by the Department and the Mine Safety and Health Administration
			 (MSHA).
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.81 - Coal Mine Waste: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All coal mine waste shall be placed in new
			 or existing disposal areas approved by the Department for this purpose. These
			 areas shall be within a permit area. Coal mine waste shall be placed in a
			 controlled manner to:
1) Minimize adverse
			 effects of leachate and surface water runoff on surface and ground water
			 quality and quantity in accordance with Section
			 1816.41;
2) Ensure mass stability and prevent mass
			 movement during and after construction by:
A)
			 Spreading the coal mine waste in layers no more than twenty-four (24) inches in
			 thickness;
B) Compacting the coal
			 mine waste to prevent spontaneous combustion and to provide the strength
			 required for stability of the coal processing waste bank.
C) Variations shall be allowed in these
			 requirements for the disposal of dewatered fine coal mine waste (minus
			 twenty-eight (28) sieve size) with approval of the Department, if, because of
			 site-specific conditions, compliance with the requirements of subsections
			 (c)(1) and (c)(2) is not necessary to neet the performance standards of this
			 Part;
3) Ensure that the
			 final disposal facility is suitable for reclamation and revegetation compatible
			 with the natural surroundings and the approved post-mining land use;
4) Not create a public safety hazard;
			 and
5) Prevent
			 combustion.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.83 - Coal Mine Waste: Refuse Piles

Current through Register Vol. 48, No. 28, July 12, 2024
Refuse piles shall meet the requirements of Section
				1816.81,
				the additional requirements of this Section, and the requirements of
				30 CFR
				77.214 and
				77.215(1989).
				30 CFR
				77.214 and
				77.215(1989)
				do not include any subsequent amendments or editions.
a) Drainage control
1) If the disposal area contains springs,
			 natural or man-made water courses, or wet weather seeps, the design shall
			 include diversions and underdrains as necessary to control erosion, prevent
			 water infiltration into the disposal facility and ensure stability.
2) Uncontrolled surface drainage may not be
			 diverted over the outslope of the refuse piles. Runoff from the areas above the
			 refuse pile and runoff from the surface of the refuse pile shall be diverted
			 into stabilized diversion channels designed to meet the requirements of Section
			 1816.43 to safely pass
			 the runoff from a 100 year, six hour precipitation event. Runoff diverted from
			 undisturbed areas need not be commingled with runoff from the surface of the
			 refuse pile.
3) Underdrains shall
			 comply with the requirements of Section
			 1816.71(1)(2).
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.84 - Coal Mine Waste: Impounding Structures

Current through Register Vol. 48, No. 28, July 12, 2024
New and existing impounding structures constructed of coal mine
				waste or intended to impound coal mine waste shall meet the requirements of
				Section
				1816.81.
a) Coal mine waste shall not be used for
			 construction of impounding structures unless it has been demonstrated to the
			 Department that the stability of such a structure conforms to the requirements
			 of this Part and the use of coal mine waste will not have a detrimental effect
			 on downstream water quality or the environment due to acid seepage through the
			 impounding structure. The stability of the structure and the potential impact
			 of acid mine seepage through the impounding structure shall be discussed in
			 detail in the design plan submitted to the Department in accordance with 62
			 Ill. Adm. Code
			 1780.25.
b) Construction Requirements
1) Each impounding structure constructed of
			 coal mine waste or intended to impound coal mine waste shall be designed,
			 constructed and maintained in accordance with Section
			 1816.49(a) and
			 (c). Such structures may not be retained
			 permanently as part of the approved post-mining land use.
2) Each impounding structure constructed of
			 coal mine waste or intended to impound coal mine waste that meets the criteria
			 of
			 30
			 CFR 77.216(a) shall have
			 sufficient spillway capacity to safely pass, adequate storage capacity to
			 safely contain, or a combination of storage capacity and spillway capacity to
			 safely control the probable maximum precipitation of a 6-hour precipitation
			 event or greater event as specified by the Department after consideration of
			 factors such as watershed size and characteristics necessary to ensure design
			 in accordance with prudent engineering practices.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.87 - Coal Mine Waste: Burned Waste Utilization

Current through Register Vol. 48, No. 28, July 12, 2024
a) Coal mine waste fires shall be
			 extinguished by the person who conducts the surface mining activities, in
			 accordance with the plan approved by the Department and the MSHA. The plan
			 shall contain, at a minimum, provisions to ensure that only those persons
			 authorized by the operator, and who have an understanding of the procedures to
			 be used, shall be involved in extinguishing operations.
b) No burning or burned coal mine waste shall
			 be removed from a permitted disposal area without a removal plan approved by
			 the Department. Consideration shall be given to potential hazards to persons
			 working or living in the vicinity of the structure.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.89 - Disposal of Noncoal Mine Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Noncoal mine wastes including, but not limited to, grease, lubricants, paints,
			 flammable liquids, garbage, abandoned mining machinery, lumber, and other
			 combustible material generated during surface mining activities shall be placed
			 and stored in a controlled manner in a designated portion of the permit area.
			 Placement and storage shall ensure that leachate and surface runoff do not
			 degrade surface or ground water, fires are prevented, and that the area remains
			 stable and suitable for reclamation and revegetation compatible with the
			 natural surroundings.
b) Final
			 disposal of noncoal mine wastes shall be in a designated disposal site in the
			 permit area, or to a permitted solid waste disposal area. Disposal sites in the
			 permit area shall be designed and constructed to ensure that leachate and
			 drainage from the noncoal mine waste area does not degrade surface or
			 underground water. Wastes shall be routinely compacted and covered to prevent
			 combustion and windborne waste. When the disposal is completed a minimum of two
			 feet of soil cover shall be placed over the site, slopes stabilized, and
			 revegetation accomplished in accordance with Sections
			 1816.111
			 through
			 1816.117.
			 Operation of the disposal site shall be conducted in accordance with all local,
			 State, and Federal requirements. Areas reclaimed to cropland capability shall
			 have a minimum of four feet of suitable soil cover.
c) At no time shall any noncoal mine waste be
			 deposited in a refuse pile or impounding structure, nor shall any excavation
			 for a noncoal mine waste disposal site be located within eight feet of any coal
			 outcrop or coal storage area.
d)
			 Notwithstanding any other provision in 62 Ill. Adm. Code 1700 through 1850 any
			 noncoal mine waste defined as "hazardous" under Section 3001 of the Resource
			 Conservation and Recovery Act (RCRA) (P. L. 94-580, as amended) and 40 CFR 261
			 shall be handled in accordance with the requirements of Subtitle C of RCRA and
			 in accordance with the Illinois Environmental Protection Act as implemented by
			 Title 35, Subtitle G, Part 721.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.95 - Stabilization of Surface Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 exposed surface areas shall be protected and stabilized to control erosion and
			 air pollution attendant to erosion in accordance with Section
			 1816.45(a).
b) Rills and gullies, deeper than nine (9)
			 inches, which form in areas that have been regraded and topsoiled and rills and
			 gullies of lesser size which the Department determines either disrupt the
			 approved post-mining land use or the reestablishment of the vegetative cover,
			 or cause or contribute to a violation of Section
			 1816.42
			 for receiving streams shall be filled, regraded, or otherwise stabilized;
			 topsoil shall be replaced; and the areas shall be reseeded or
			 replanted.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.99 - Slides and Other Damage

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 undisturbed natural barrier or constructed outcrop shall be provided beginning
			 at the elevation of the lowest coal seam to be mined and extending from the
			 outslope for such distance as may be determined by the Department as is needed
			 to assure stability. The barrier shall be retained in place to prevent slides
			 and erosion.
b) At any time a slide
			 occurs which may have a potential adverse effect on public property, health,
			 safety, or the environment, the person who conducts the surface mining
			 activities shall notify the Department by the fastest available means and
			 comply with any remedial measures required by the Department.
c) Operators that remove and do not replace
			 the lateral support within a three (3) month period shall not, unless mutually
			 agreed upon by the operator and the adjacent property owner, approach property
			 lines, established right-of-way lines of any public roads, streets or highways
			 closer than a distance, measured horizontally from the property line or
			 right-of-way, equal to ten (10) feet plus one and one-half (11/2) times the
			 depth of any excavation except where consolidated materials or materials of
			 sufficient hardness or ability to resist weathering and to inhibit erosion or
			 sloughing exists in the excavation, the distance from the property line or any
			 established right-of-way line shall not, unless mutually agreed, be closer than
			 a distance equal to ten (10) feet plus one and one-half (11/2) times the depth
			 from the natural ground surface to the top of the consolidated material or
			 materials. When the operator desires to remove the lateral support and replace
			 it within a three (3) month period, the operator shall submit to the Department
			 a written request for said purpose, outlining how the lateral support shall be
			 replaced within three (3) months. Said request shall be approved or denied by
			 the Department in accordance with 62 Ill. Adm. Code 1774.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.100 - Contemporaneous Reclamation

Current through Register Vol. 48, No. 28, July 12, 2024
Reclamation efforts, including, but not limited to,
				backfilling, grading, topsoil replacement, and revegetation, on all land that
				is disturbed by surface mining activities shall occur as contemporaneously as
				practicable with mining operations, considering possible environmental
				ramifications except when such mining operations are conducted in accordance
				with a variance for concurrent surface and underground mining activities issued
				under 62 Ill. Adm. Code
				1785.18.
				The Department shall not deny a reasonable extension under Sections
				1816.101
				through
				1816.106
				if a permittee can demonstrate that an act of God, strikes, inability to
				receive ordered equipment or extended periods of unseasonable and not to be
				expected weather have made completion within time limits impossible. Such
				extensions shall be made until a specific date determined by the
				Department.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.101 - Backfilling and Grading: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Timing of backfilling and grading.
a) Contour mining. Rough backfilling and
			 grading shall follow coal removal by not more than sixty (60) days or one
			 thousand, five hundred (1,500) linear feet. The Department may grant additional
			 time for rough backfilling and grading if the permittee can demonstrate,
			 through a detailed written analysis under 62 Ill. Adm. Code
			 1780.18(b)(3),
			 that additional time is necessary.
b)
1) Area
			 surface mining. Rough backfilling and grading shall be completed within one
			 hundred eighty (180) days following coal removal and shall not be more than
			 four (4) spoil ridges behind the pit being worked, the spoil from the active
			 pit being considered the first ridge. The Department may grant additional time
			 for rough backfilling and grading if the permittee can demonstrate, through a
			 detailed written analysis under 62 Ill. Adm. Code
			 1780.18(b)(3),
			 that additional time is necessary.
2) Final grading (root medium placement,
			 topsoil/substitute material placement, erosion control system installation)
			 shall be completed in accordance with the approved reclamation plan prior to
			 the expiration of fifteen (15) months after June
			 30th of the fiscal year in which coal removal
			 occurred.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.102 - Backfilling and Grading: General Grading Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Disturbed areas shall be backfilled and
			 graded to:
1) Achieve the approximate original
			 contour, except as provided in subsection (k);
2) Eliminate all highwalls, spoil piles, and
			 depressions, except as provided in subsection (h) (small depressions) and in
			 subsection (k)(3)(C) (previously mined highwalls);
3) Achieve a post-mining slope that does not
			 exceed either the angle of repose or such lesser slope as is necessary to
			 achieve a minimum long-term static safety factor of
			 1.3 and to prevent
			 slides;
4) Minimize erosion and
			 water pollution both on and off the site in accordance with Sections
			 1816.42
			 and
			 1816.95;
			 and
5) Support the approved
			 post-mining land use.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.104 - Backfilling and Grading: Thin Overburden

Current through Register Vol. 48, No. 28, July 12, 2024
In surface coal mining which is carried out at the same
				location over a substantial period of time where the operation transects the
				coal deposit and where the thickness of the coal deposit relative to the
				thickness of the overburden is large and where the operator demonstrates that
				the spoil and other waste materials available from the entire permit area are
				insufficient, giving due consideration to volumetric expansion, to restore the
				disturbed area to its approximate original contour, the operator shall, at a
				minimum:
a) Use all available spoil
			 and waste materials to attain the lowest practicable grade, but not more than
			 the angle of repose; and
b) Meet
			 the requirements of Sections
			 1816.102(a)(2)
			  through
			 1816.102(j).
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.105 - Backfilling and Grading: Thick Overburden

Current through Register Vol. 48, No. 28, July 12, 2024
In surface coal mining where the thickness of the overburden is
				large relative to the thickness of the coal deposit and where the operator
				demonstrates that the volume of the spoil and other waste materials is more
				than sufficient to restore the disturbed area to approximate original contour,
				the operator shall, at a minimum, after restoring to approximate original
				contour:
a) Use the spoil and waste
			 materials to attain the lowest practicable grade, but not more than the angle
			 of repose;
b) Meet the requirements
			 of Sections
			 1816.102(a)(2)
			  through
			 1816.102(j);
			 and
c) Dispose of any excess spoil
			 in accordance with Sections
			 1816.71
			 through
			 1816.74.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.106 - Backfilling and Grading: Previously Mined Areas

Current through Register Vol. 48, No. 28, July 12, 2024
Remining operations on previously mined areas that contain a
				preexisting highwall shall comply with the requirements of Sections
				1816.102
				through
				1816.107
				except as provided in this Section. The requirements of Section
				1816.102(a)(1)
				and (2) requiring the elimination of
				highwalls shall not apply to remining operations where the volume of all
				reasonably available spoil is demonstrated in writing to the Department to be
				insufficient to completely backfill the reaffected or enlarged highwall. The
				highwall shall be eliminated to the maximum extent technically practical in
				accordance with the following criteria:
a) All spoil generated by the remining
			 operation and any other reasonably available spoil shall be used to backfill
			 the area. Reasonably available spoil from the previous mining operation in the
			 immediate vicinity of the remining operation shall be included within the
			 permit area.
b) The backfill shall
			 be graded to a slope which is compatible with the approved post-mining land use
			 and which provides drainage and long-term stability in accordance with Sections
			 1816.41(a)
			 and
			 1816.102(a)(3).
c) Any highwall remnant shall be stable, as
			 determined by factors such as excessive sloughage and cracking, and not pose a
			 hazard to the public health and safety or to the environment. The operator
			 shall demonstrate that the highwall remnant is stable.
d) Spoil placed on the outslope during
			 previous mining operations shall not be disturbed if such disturbances will
			 cause instability of the remaining spoil or otherwise increase the hazard to
			 the public health and safety or to the environment.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.107 - Backfilling and Grading: Steep slopes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Surface mining activities on steep slopes
			 shall be conducted so as to meet the requirements of Sections
			 1816.102
			 through
			 1816.106,
			 and the requirements of this Section except where mining is conducted on flat
			 or gently rolling terrain with an occasional steep slope through which the
			 mining proceeds and leaves a plain or predominantly flat area or where
			 operations are conducted in accordance with 62 Ill. Adm. Code 1824.
b) The following materials shall not be
			 placed on the downslope.
1) Spoil.
2) Waste materials of any type.
3) Debris, including that from clearing and
			 grubbing.
4) Abandoned or disabled
			 equipment.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.111 - Revegetation: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The permittee shall establish on regraded areas and on all other disturbed
			 areas except areas where vegetative cover is inconsistent with the approved
			 post-mining land use, a vegetative cover that is in accordance with the
			 approved permit and reclamation plan that is:
1) Diverse, effective, and
			 permanent;
2) Comprised of species
			 native to the area, or of introduced species where desirable and necessary to
			 achieve the approved post-mining land use and approved by the
			 Department;
3) At least equal in
			 extent of cover to the natural vegetation of the area; and
4) Capable of stabilizing the soil surface
			 from erosion.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.113 - Revegetation: Timing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Disturbed
			 areas shall be planted during the first normal period for favorable planting
			 conditions after replacement of the plant-growth medium. The normal period for
			 favorable planting is that planting time generally accepted locally for the
			 type of plant materials selected.
b) When the approved reclamation plan
			 includes the planting of trees and/or shrubs, the trees and/or shrubs shall be
			 planted within 2 years after replacement of the plant-growth medium.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.114 - Revegetation: Mulching and Other Soil Stabilizing Practices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Mulch and other soil stabilizing practices
			 shall be used on all areas that have been regraded and covered by topsoil or
			 topsoil substitutes. The Department shall waive this requirement if seasonal,
			 soil, or slope factors result in a condition where mulch and other soil
			 stabilizing practices are not necessary to control erosion and to promptly
			 establish an effective vegetative cover.
b) Mulches shall be mechanically or
			 chemically anchored to the soil surface to assure effective protection of the
			 soil and vegetation. The Department shall waive the mulch anchoring requirement
			 where seasonal, soil, and/or slope factors result in a condition where
			 anchoring is not necessary to stabilize the mulch.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.131 - Cessation of Operations: Temporary

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each person who conducts surface mining
			 activities shall effectively secure surface facilities in areas in which there
			 are no current operations, but in which operations are to be resumed under an
			 approved permit. Temporary abandonment shall not relieve a person of their
			 obligation to comply with any provisions of the approved permit.
b) Before temporary cessation of mining and
			 reclamation operations for a period of thirty (30) days or more, or as soon as
			 it is known that a temporary cessation will extend beyond thirty (30) days,
			 persons who conduct surface mining activities shall submit to the Department a
			 notice of intention to cease or abandon mining and reclamation operations. This
			 notice shall include a statement of the exact number of acres which will have
			 been affected in the permit area, prior to such temporary cessation, the extent
			 and kind of reclamation of those areas which will have been accomplished, and
			 identification of the backfilling, regrading, revegetation, environmental
			 monitoring, and water treatment activities that will continue during the
			 temporary cessation.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.132 - Cessation of Operations: Permanent

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons who cease surface mining
			 activities permanently shall close or backfill or otherwise permanently reclaim
			 all affected areas, in accordance with this Chapter and the permit approved by
			 the Department.
b) All underground
			 openings, equipment, structures, or other facilities not required for
			 monitoring, unless approved by the Department as suitable for the post mining
			 land use or environmental monitoring, shall be removed and the affected land
			 reclaimed.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.133 - Post-Mining Land Capability

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 disturbed areas shall be restored in a timely manner to a condition capable of
			 supporting:
1) The uses which they were
			 capable of supporting prior to any mining; or
2) Higher or better uses of which there is a
			 reasonable likelihood of restoration: Provided that, no plan of restoration
			 shall be approved unless use of the area as proposed does not:
A) Present any actual or probable hazard to
			 public health or safety;
B) Pose
			 any actual threat of diminution or pollution pursuant to Section
			 1816.41;
			 or
C) That the proposed land use
			 following restoration is not found to be impracticable or unreasonable by the
			 Department or determined by the Department to be inconsistent with land use
			 policies and plans which are applicable, or to involve unreasonable delay in
			 implementation. No restoration plan shall be approved if the proposed land use
			 following reclamation is violative of other applicable law.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.150 - Roads: General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Road
			 classification system.
1) Each road, as
			 defined in 62 Ill. Adm. Code 1701.Appendix A, shall be classified as either a
			 primary road or an ancillary road.
2) A primary road is any road which is:
A) Used for transporting coal or
			 spoil;
B) Frequently used for
			 access or other purposes for a period in excess of six months; or
C) To be retained for an approved post-mining
			 land use.
3) An
			 ancillary road is any road not classified as a primary road.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.151 - Primary Roads

Current through Register Vol. 48, No. 28, July 12, 2024
Primary roads shall meet the requirements of Section
				1816.150 and the
				additional requirements of this Section.
a) Certification. The construction or
			 reconstruction of primary roads shall be certified in a report submitted to the
			 Department by a qualified registered professional engineer within thirty (30)
			 days after completion of construction. For purposes of this Section, completion
			 of construction shall mean the road is being used for its intended purpose as
			 determined by the Department. The professional engineer shall be experienced in
			 the design and construction of roads, as evidenced by the placement of a
			 registered professional engineer's seal on the report. The report shall
			 indicate that the primary road has been constructed or reconstructed as
			 designed and in accordance with the approved plan.
b) Safety Factor. Each primary road
			 embankment shall be shown to have a minimum static factor of safety of
			 1.3, or shall be
			 designed in compliance with the following design standards:
1) The embankment foundation area shall be
			 cleared of all organic material and the entire foundation surface shall be
			 scarified;
2) If the natural slope
			 of the foundation as measured at right angles to the roadway center line is
			 steeper than 8H:1V, the embankment shall be benched into the existing slope
			 beginning at the embankment toe and then filled with compacted level
			 lifts;
3) The embankment fill
			 material shall be free of sod, large roots and other large vegetative
			 matter;
4) The fill shall be
			 brought up in horizontal layers of such thickness as required to facilitate
			 compaction in accordance with prudent construction standards;
5) The moisture content of the fill material
			 shall be sufficient to secure proper compaction;
6) The side slopes of the embankment shall be
			 no steeper than 2H:1V;
7) Maximum
			 fill height shall be twenty-five (25) feet as measured from natural ground at
			 the downstream toe to the top of the embankment;
8) Embankments shall have a minimum top width
			 of (H + 35)/5, where "H" is the embankment height as measured from natural
			 ground at the downstream toe to the top of the embankment, and shall be
			 adequate for the intended use.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.180 - Utility Installations

Current through Register Vol. 48, No. 28, July 12, 2024
All surface coal mining operations shall be conducted in a
				manner which minimizes damage, destruction, or disruption of services provided
				by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads;
				electric and telephone lines; and water and sewage lines which pass over,
				under, or through the permit area, unless otherwise approved by the owner of
				those facilities and the Department.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.181 - Support Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Support
			 facilities shall be operated in accordance with a permit issued for the mine or
			 coal preparation operation to which it is incident or from which its operation
			 results.
b) In addition to the
			 other provisions of this Part, support facilities shall be located, maintained,
			 and used in a manner that:
1) Prevents or
			 controls erosion and siltation, water pollution, and damage to public or
			 private property; and
2) To the
			 extent possible using the best technology currently available:
A) Minimizes damage to fish, wildlife and
			 related environmental values; and
B) Minimizes additional contributions of
			 suspended solids to streamflow or runoff outside the permit area. Any such
			 contributions shall not be in excess of the limitations of Section
			 1816.42.
Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.190 - Affected Acreage Map

Current through Register Vol. 48, No. 28, July 12, 2024
a) On or
			 before September 1 of each year every permit holder shall submit to the
			 Department reports and maps of affected areas.
b) Two copies, plus one additional copy for
			 each county in which the permit is located, of the reports and maps shall be
			 submitted showing the area affected during the fiscal year just ended and the
			 extent of any auger mining. One of the copies submitted shall contain the
			 original signature of a company official. The Department shall require the map
			 to be executed by an engineer registered in accordance with the Professional
			 Engineering Practice Act of 1989 [225 ILCS 325 ] or a land surveyor registered
			 in accordance with the Illinois Professional Land Surveyor Act of 1989 [225
			 ILCS 330 ]. The Department shall then forward one copy to the county
			 clerk.
c) The map shall be planned
			 as a continuous map, so that the area affected each year may be added and
			 indicated on the map by the dates it was affected. Reports as required by
			 Section
			 1816.190
			 shall be submitted to the Department on forms provided by the Department. Map
			 scales shall be in accordance with 62 Ill. Adm. Code
			 1779.25.
d) All maps shall show sections, township,
			 range and county lines coming within the scope of the map; access to the area
			 from the nearest public road and all weather roads within the mined area; and a
			 title containing name of the operator, address, scale of the map, by whom the
			 map was drawn, name of the surveyor or engineer.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.11 - Signs and Markers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Specifications. Signs and markers required under this Part shall:
1) Be posted, maintained and removed by the
			 person who conducts the underground mining activities;
2) Be of a uniform design throughout the
			 activities that can be easily seen and read;
3) Be made of durable material; and
4) Conform to local laws and
			 regulations.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.13 - Casing and Sealing of Exposed Underground Openings: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each exploration hole, other drillhole or borehole, shaft,
				well, or other exposed underground opening shall be cased, lined, or otherwise
				managed, as approved by the Illinois Department of Natural Resources, Office of
				Mines and Minerals (Department), to prevent acid or other toxic drainage from
				entering ground and surface waters, to minimize disturbance to the prevailing
				hydrologic balance, and to ensure the safety of people, livestock, fish and
				wildlife, and machinery in the permit area and adjacent area. Each exploration
				hole, drillhole or borehole, or well that is uncovered or exposed by mining
				activities within the permit area shall be permanently closed, unless approved
				for water monitoring, or otherwise managed in a manner approved by the
				Department. Use of a drilled hole or borehole, or monitoring well as a water
				well must meet the provisions of Section
				1817.41.
				This Section does not apply to holes solely drilled and used for blasting in
				the area affected by surface operations.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.14 - Casing and Sealing of Underground Openings: Temporary

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each mine entry which is temporarily
			 inactive, but has a further projected useful service under the approved permit
			 application, shall be protected by barricades or other covering devices,
			 fenced, and posted with signs to prevent access into the entry and to identify
			 the hazardous nature of the opening. These devices shall be periodically
			 inspected and maintained in good operating condition by the person who conducts
			 the underground mining activities.
b) Each exploration hole, other drill or
			 borehole, shaft, well, and other exposed underground opening which have been
			 identified in the approved permit application for use to return underground
			 development waste, coal processing waste, or water to underground workings, or
			 to be used to monitor ground water conditions, shall be temporarily sealed
			 until actual use.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.15 - Casing and Sealing of Underground Openings: Permanent

Current through Register Vol. 48, No. 28, July 12, 2024
When no longer needed for monitoring or other use approved by
				the Department upon a finding of no adverse environmental or health and safety
				effects, or unless approved for transfer as a water well under Section
				1817.41,
				each shaft, drift, adit, tunnel, exploratory hole, entryway, or other opening
				to the surface from underground shall be capped, sealed, backfilled, or
				otherwise properly managed, as required by the Department, in accordance with
				Sections
				1817.13
				and consistent with
				30 CFR 75.1711.
				Permanent closure measures shall be designed to prevent access to the mine
				workings by people, livestock, fish and wildlife, and machinery, and to keep
				acid or other toxic drainage from entering ground or surface
				waters.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.22 - Topsoil and Subsoil

Current through Register Vol. 48, No. 28, July 12, 2024
a) Removal.
1) All topsoil shall be removed as a separate
			 layer from the area to be disturbed, and segregated. Where topsoil is of
			 insufficient quantity or poor quality for sustaining vegetation, the materials
			 approved by the Department in accordance with subsection (b) shall be removed
			 as a separate layer from the area to be disturbed, and segregated.
2) If topsoil is less than 6 inches thick and
			 no substitutes or supplements are approved in accordance with subsection (b),
			 the operator shall remove a 6 inch layer that includes the A horizon and the
			 unconsolidated materials immediately below or the A horizon and all
			 unconsolidated material if the total available is less than 6 inches and treat
			 the mixture as topsoil.
3) The
			 Department shall not require the removal of topsoil for minor disturbances
			 which:
A) Occur at the site of small
			 structures, such as power poles, signs, fence lines or markers; or
B) Will not destroy the existing vegetation,
			 will not cause erosion and will not degrade the quality or limit the future use
			 of the soil.
4) All
			 material to be removed under this Section shall be removed after the vegetative
			 cover that would interfere with its salvage is cleared from the area to be
			 disturbed, but before any drilling, blasting or mining or other surface
			 disturbance takes place.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.42 - Hydrologic Balance: Water Quality Standards and Effluent Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
Discharges of water from areas disturbed by underground mining
				activities shall be made in compliance with the Federal Water Pollution Control
				Act of 1972, as amended (
				30 USC
				1251 et seq.), the Environmental Protection
				Act [415 ILCS 5 ] and with effluent limitations for coal mining promulgated by
				the U.S. Environmental Protection Agency set forth in 40 CFR 434(1992). 40 CFR
				434(1992) does not include any later amendments or editions.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.45 - Hydrologic Balance: Sediment Control Measures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appropriate sediment control measures
			 shall be designed, constructed, and maintained using the best technology
			 currently available to:
1) Prevent, to the
			 extent possible, additional contributions of sediment to streamflow or to
			 runoff outside the permit area;
2)
			 Meet the more stringent of applicable State or Federal effluent limitations;
			 and
3) Minimize erosion to the
			 extent possible.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.46 - Hydrologic Balance: Siltation Structures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. For the purpose of this
			 Section only:
1) Siltation structure means a
			 sedimentation pond, a series of sedimentation ponds, or other treatment
			 facility.
2) Disturbed area shall
			 not include those areas:
A) In which the only
			 underground mining activities include diversion ditches, siltation structures,
			 or roads that are designed, constructed, and maintained in accordance with this
			 Part; and
B) For which the upstream
			 area is not otherwise disturbed by the permittee.
3) Other treatment facilities means any
			 chemical treatments, such as flocculation, or mechanical structures, such as
			 clarifiers, that have a point-source discharge and that are utilized to prevent
			 additional contributions of suspended solids to stream flow or runoff outside
			 the permit area, or to comply with all applicable State and federal water
			 quality laws and regulations.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.47 - Hydrologic Balance: Discharge Structures

Current through Register Vol. 48, No. 28, July 12, 2024
Discharge from sedimentation ponds, permanent and temporary
				impoundments, coal processing waste dams and embankments, and diversions shall
				be controlled, by energy dissipators, riprap channels, and other devices, where
				necessary, to reduce erosion, to prevent deepening or enlargement of stream
				channels, and to minimize disturbance of the hydrologic balance. Discharge
				structures shall be designed according to standard engineering design
				procedures.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.56 - Post - Mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments and Treatment Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
Before abandoning a permit area or seeking bond release, the
				operator shall ensure that all temporary structures are removed and reclaimed,
				and that all permanent sedimentation ponds, diversions, impoundments, and
				treatment facilities meet the requirements of 62 Ill. Adm. Code 1700-1850 for
				permanent structures, have been maintained properly, and meet the requirements
				of the approved reclamation plan for permanent structures and impoundments. The
				operator shall renovate such structures if necessary to meet the requirements
				62 Ill. Adm. Code 1700-1850 and to conform to the approved reclamation
				plan.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.57 - Hydrologic Balance: Stream Buffer Zones

Current through Register Vol. 48, No. 28, July 12, 2024
a) No surface area within one hundred (100)
			 feet of the top of the bank of the normal channel of a perennial stream or an
			 intermittent stream shall be disturbed by surface operations and facilities of
			 an underground mining operation, except in accordance with Section
			 1817.43, unless the
			 Department specifically authorizes underground mining activities closer to or
			 through such a stream upon finding:
1) That
			 the original stream channel and its associated riparian vegetation will be
			 restored; and underground mining activities will not cause or contribute to a
			 violation of Section
			 1817.42
			 and will not adversely affect the water quantity and quality or other
			 environmental resources of the stream.
2) If there will be a temporary or permanent
			 stream channel diversion, it will comply with Section 1817.43.
Illinois Administrative Code › Title 62 - MINING › Part 1817 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING OPERATIONS › Section 1817.59 - Coal Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
Underground mining activities shall be conducted so as to
				maximize the utilization and conservation of the coal, while utilizing the best
				technology currently available to maintain environmental integrity, so that
				reaffecting the land in the future through surface coal mining operations is
				minimized.