Illinois Administrative Code › Title 62 - MINING › Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Subpart A - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT › Section 300.60 - Role of County Government in Reclamation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice, Date of Application,
				Responsibilities of County Clerks
The application for surface mining permit, except those
				  portions of such application which have been kept confidential at the request
				  of the applicant, which request was made pursuant to Section 5(e)15 of the Act,
				  and the proposed conservation and reclamation plan and maps shall be made
				  available in duplicate for public inspection and for consideration by the
				  county board within whose jurisdiction said lands will be affected by surface
				  mining. The applicant shall deliver copies of the applications, plans, and maps
				  to the county clerk at the county seat of each county containing lands to be
				  affected prior to filing the application, plan, and map with the Department.
				  The county clerk shall retain one (1) such set of copies and forward forthwith
				  one (1) set of copies to the residence of the presiding officer of the county's
				  board or commission by registered mail return receipt requested. An
				  acknowledgement that the copies have been received and forwarded as prescribed,
				  bearing the signature of the county clerk or his representative, as set forth
				  in amended MLCR Form 1a, shall be filed with the Department at the time of
				  filing the application for a permit. This application shall be filed, as
				  provided for in Section
				  300.20(d)
				  of this Part, immediately upon receipt of this acknowledgement. The date of the
				  filing of the application for a permit shall be the same date as the date of
				  the acknowledgement by the county clerk pursuant to this Section.
b) Time for Hearings; County Board
				Plans
1) The Department shall hold a public
				hearing regarding a proposed conservation and reclamation plan if any county
				board with which the plan is filed pursuant to the Act and to this Part
				requests such a hearing. The county board must request a hearing within
				forty-five (45) days of the filing of the application for a permit. If a county
				board requests a hearing, the Department will fix the time and place of the
				hearing. In cases where no public hearing is held on a proposed plan, the
				Department will consider written testimony from county boards when submitted no
				later than forty-five (45) days following the filing of the application for a
				permit. The Department shall immediately serve copies of such written testimony
				on the applicant and give the applicant a reasonable opportunity to respond by
				written testimony.
2) The county
				board may propose the use for which lands covered by a plan are to be
				reclaimed. The county board must file such proposal with the Department and the
				applicant within forty-five (45) days of receiving the plan. If the county
				board does not request a hearing within forty-five (45) days of receiving the
				plan but does submit a proposal, the Department will not hold a hearing. If the
				county board submits a proposal but has not requested a hearing, the Department
				will allow the applicant to submit written comments on the proposal and will
				allow the county board to make a written reply to such comments.
3) A county board may file with the
				Department a written waiver of its rights to request a hearing or to propose
				the use for which lands are to be reclaimed.
4) The county board may supplement or amend
				its proposal prior to the hearing if it has given to the applicant, the
				Department and interested persons ten (10) days written notice prior to the
				hearing which notice shall state the changes proposed.