reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart L - MEDIUM VOLUME HORIZONTAL HYDRAULIC FRACTURING OPERATIONS COMPLETION REPORTS › Section 245.1200 - Medium Volume Horizontal Hydraulic Fracturing Completion Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a)
For
any horizontal
hydraulic fracturing
				operations
where
all
combined
stages of a
				stimulation treatment of a horizontal well are by the pressurized application
				of more than 80,000 gallons but less than 300,001 gallons of hydraulic
				fracturing fluid and proppant to initiate or propagate fractures in a geologic
				formation to enhance extraction or production of oil or gas
, reporting
				under subsection (c) is required (Section 1-98(a) of the Act).
b) Permittees with a high volume horizontal
				hydraulic fracturing permit are not required to report under subsection
				(c).
c)
Within 60 calendar
				days after the conclusion of
horizontal
hydraulic fracturing
				operations
identified in subsection (a),
the permittee shall
				file a
medium volume horizontal
hydraulic fracturing
				operations completion report with the Department. The
medium volume
				horizontal
hydraulic fracturing operations completion report shall
				contain the following information
(Section 1-98(b) of the Act):
1)
the name and location of the
				well
(Section 1-98(b)(1) of the Act). The well location shall be
				surveyed by an Illinois licensed land surveyor or Illinois registered
				professional engineer and the description of the surveyed well location shall
				also include the legal description, the GPS latitude and longitude location,
				and ground elevation of the well. The GPS location shall be recorded as degrees
				and decimal degrees recorded to 6 decimal places in the North American Datum
				1983 projection and shall be accurate to within 3 feet. The reported GPS
				location is required to be an actual GPS field measurement and not a calculated
				or conversion measurement;
2) the
				permittee number and well reference number issued pursuant to the Illinois Oil
				and Gas Act;
3)
the total
				and per-stage gallons of hydraulic fracturing fluid used at the well
(Section 1-98(b)(2) of the Act), the quantity recovered during the flowback
				period, and what the permittee did to dispose of, reuse or recycle the
				flowback;
4)
depth of the
				wellbore (including both total vertical depth and total measured
				depth)
(Section 1-98(b)(3) of the Act);
5)
length of horizontal
				wellbore
(Section 1-98(b)(4) of the Act);
6)
the maximum surface treating
				pressure used
(Section 1-98(b)(5) of the Act);
7)
the formation targeted
(Section 1-98(b)(6) of the Act);
8)
the number of hydraulic fracturing stages
(Section 1-98(b)(7)
				of the Act)
; and
9)
total perforated interval and
				individual perforation intervals
(Section 1-98(b)(8) of the
				Act).
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" - means the Oil and Gas Wells on Public Lands Act [5 ILCS
				615 ].
"Department" - means the Illinois Department of Natural
				Resources.
"Drilling unit" - means a tract of land with sufficient acreage
				to allow an oil and gas well to be drilled in accordance with the Illinois Oil
				and Gas Act and implementing rules (62 Ill. Adm. Code 240).
"Office" - means the Office of Mines and Minerals in the
				Illinois Department of Natural Resources.
"Permittee" - means a person or entity who applies for and is
				issued a permit by the Office to explore unproven territory.
"Proven territory" - means territory so situated with reference
				to known producing wells as to establish the general opinion that, because of
				its relation to them, petroleum is contained in it. [5 ILCS
				615/1 ]
"State owned land" - means a tract of land where the State owns
				100% of the underlying mineral interests and the tract covers a large enough
				acreage to allow a properly spaced oil and/or gas well to be drilled in
				accordance with the Illinois Oil and Gas Act.
"Unknown territory" - means territory determined, in accordance
				with Section
				250.20 of this Part,
				to lack proven petroleum reserves.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.20 - Designation of State Lands

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 person may request the Office to designate a tract of State owned land, where
			 the State owns 100% of the underlying mineral interests and the tract covers a
			 large enough acreage to allow a properly spaced oil and/or gas well to be
			 drilled in accordance with the Illinois Oil and Gas Act, as proven or unknown
			 territory.
b) If the tract of State
			 owned land requested to be designated as proven or unknown territory is owned
			 by the Department of Natural Resources no extraction activities shall be
			 performed nor production equipment located on Department lands. Requests for
			 extraction activities underlying lands owned by the Department of Natural
			 Resources that utilize directional drilling techniques may be permitted at the
			 discretion of the Department and will be designated in accordance with this
			 Section. The Department shall not grant permits or leases for the extraction of
			 oil, gas, and other petroleum deposits from the following classifications of
			 lands if the State owns 100% of the underlying mineral interests under the
			 proposed drilling unit:
1) lands where
			 threatened or endangered species occur, as determined pursuant to the federal
			 Endangered Species Act ( 16 USCA 1531 ) or the Illinois Endangered Species Act
			 [525 ILCS 10 ];
2) Illinois Natural
			 Area Inventory sites;
3) nature
			 preserves dedicated under the Illinois Natural Areas Preservation Act [525 ILCS
			 30 ];
4) lands containing a wild
			 and scenic river as designated under the Wild or Scenic River Area Act [20 ILCS
			 855 ];
5) lands registered under
			 the Register of Land and Water Reserves under 17 Illinois Administrative Code
			 4010; and
6) lands on which federal
			 or State laws or regulations prohibit the surface extraction or production
			 facility activity. [5
			 ILCS 615/2 ]
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.30 - Permit to Explore Unknown Territory

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person (applicant) may request a
			 permit to explore for oil and gas on State owned land designated as unknown
			 territory in accordance with Section
			 250.20 of this Part.
			 The request shall not be made for more than three sections of land or
			 equivalent acreage (1920 acres) and shall not contain any land where the oil
			 and gas rights are not wholly owned by the State of Illinois. The request
			 shall:
1) be in writing;
2) describe the method of exploration
			 contemplated;
3) contain a legal
			 description of the land for which a permit to explore is sought that includes
			 proof satisfactory to the Office that the oil and gas rights underlying the
			 described land are wholly owned by the State;
4) articulate a general plan for future
			 development in the event oil and/or gas is discovered.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.40 - Granting a Lease to a Person Holding a Permit to Explore

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the permittee has discharged all of the
			 conditions required by the permit to explore to the satisfaction of the
			 Department and the State agency owning the land, as evidenced by a release
			 issued by the State agency, and has made an application to the Department for a
			 lease not later than on the date of expiration of the permit to explore, the
			 Department, with the approval of the Governor, shall grant to the permittee a
			 lease for the extraction of petroleum not to exceed one section of land or an
			 equivalent amount of acreage (640 acres).
b) The form of leases granted to persons
			 holding a permit to explore shall generally follow the format of a standard
			 commercial petroleum lease generally in use in the territory in which the oil,
			 gas or other petroleum deposits are located and shall incorporate at a minimum
			 the following basic lease terms and restrictions:
1) The lease shall be for a primary term not
			 to exceed 10 years and for as long thereafter as oil in commercial quality and
			 commercial quantity is produced from the lands embraced in the lease.
2) The State agency with jurisdiction over
			 the land encompassed within the lease shall receive royalties at a rate of
			 121/2 percent of the market value of the petroleum produced.
3) The State agency with jurisdiction over
			 the land encompassed within the lease shall receive an annual rental, payable
			 in advance, of $10 per acre, which shall be credited against future
			 royalties.
4) The lease shall not
			 be assigned or otherwise transferred without the prior consent of the State
			 agency with jurisdiction over the land encompassed by the lease.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.50 - Designation of Proven Territory

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Office may designate any State owned land as proven territory if the Office
			 determines that the land is underlain by recoverable oil or gas reserves based
			 upon the producing wells in the vicinity and upon geological data in the
			 Office's possession.
b) The
			 Department, with the approval of the Governor, shall request competitive bids
			 to lease proven territory, as set forth in Section
			 250.60
			 of this Part, within 120 days after designating the State owned land as proven
			 territory.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.60 - Leasing Proven Territory

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall provide public notice, in accordance with Section
			 250.80
			 of this Part, of the availability of proven territory for lease, subject to
			 competitive bid. The public notice of proven territory shall contain a legal
			 description of the designated land and state that interested parties may
			 request an "invitation for bid" from the Department.
b) All invitations for bids developed by the
			 Department shall:
1) state the legal
			 description of the land proposed to be leased;
2) include the basic lease terms and
			 conditions for the State owned land, as enumerated in Section
			 250.40(b)
			 of this Part;
3) include any
			 additional terms specified by the State agency with jurisdiction over the land
			 encompassed within the lease, as enumerated in but not limited to Section
			 250.40(c)
			 of this Part;
4) inform the bidder
			 of the amount of the required bond; and
5) state a minimum bonus payment for the
			 acquisition of the lease in addition to the annual rental payments specified in
			 Section
			 250.40(b)(3)
			 of this Part.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.70 - Bonding Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to drilling any well, lessee shall file an individual
				well bond with the Department. The bond shall be maintained until the well is
				plugged and the well site restored in accordance with the Illinois Oil and Gas
				Act [225 ILCS 725 ]. The amount of the bond shall be:
a) $1500 for a well less than 2,000 feet
			 deep; or
b) $3000 for a well 2,000
			 or more feet deep.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.80 - Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
All public notices, when required by the provisions of this
				Part, shall be made as follows:
a) by
			 placing a notice in one or more oil and gas industry publications distributed
			 statewide and in the Official State Newspaper;
b) by placing a notice in a newspaper of
			 general circulation in the county in which the State owned land is located;
			 and
c) by sending notice to persons
			 on the Office Lease Notice List in accordance with Section
			 250.90
			 of this Part.
Illinois Administrative Code › Title 62 - MINING › Part 250 - OIL AND GAS WELLS ON PUBLIC LANDS ACT › Section 250.90 - Public Lands Lease Notice List

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Office shall maintain a list of persons entitled to directly receive any
			 public notice required by this Part.
b) To be placed on the notice list under this
			 Section, a person must submit a written request stating that the person wishes
			 to be placed on the list for notice of any action under this Part requiring
			 public notice and identify the person's name and address. A written request for
			 notice shall be valid for five years from the date of receipt by the Office. A
			 request for notice may be renewed by submitting a new written
			 request.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.20 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
The following regulations shall apply to all surface coal
				mining operations:
a) Determinations
1) All requests for a determination must be
			 submitted to the Regulatory Authority in writing. Each submission shall set
			 forth facts necessary to the determinations, the specific request requiring
			 action and contain a citation to the Federal Regulation Section involved.
			 Letters of request for determination shall be attested as to the truth of the
			 facts stated therein and notarized.
2) Acknowledgement of receipt of a request
			 for a determination will state:
A) Notice that
			 the request is incomplete and that additional information is
			 required.
B) Notice that the
			 request appears to be complete.
3) All determinations shall be available for
			 public inspection at the office of the Authority.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.30 - Existing Surface Mines

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Permits
1) The Section 4 permits of all
			 existing surface mines are hereby deemed to incorporate Section 17 conditions.
			 The additional terms and requirements of such permits are that holders shall
			 comply with Section 502(c) and 522(e) of the Federal Act, with the Federal
			 Regulations and with these Regulations. Section 4 permits with Section 17
			 conditions include all structures or facilities used in connection with, or to
			 facilitate mining where such structures or facilities are located within the
			 boundaries of a Section 4 permit.
2) Where structures or facilities used in
			 connection with, or to facilitate mining, are not included in a present surface
			 mining permit, a permittee must file an application on a form designated by the
			 Authority no later than February 28, 1979, or such further time as allowed in
			 writing by the Authority.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.40 - Existing Underground Coal Mines

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permits
1) All existing underground mines are deemed
			 to possess a Section 17 permit. Section 17 permits include all structures and
			 facilities used in connection with or to facilitate mining. The terms and
			 conditions of such permits are that holders shall comply with Section 502(c)
			 and 522(e) of the Federal Act, and with
			 30
			 CFR 710.11, and 717, except 717.17(e), and
			 with Illinois law and these Regulations.
2) All owners or operators of existing
			 underground coal mines, in addition to other requirements which are applicable
			 by their terms, must submit an application to the Regulatory Authority no later
			 than February 28, 1979, upon forms supplied by the Authority. Additional
			 documentation shall accompany an application form as necessary or appropriate
			 to demonstrate compliance with Federal Underground Mine Regulations.
3) No owner or operator of an existing
			 undergound coal mine shall develop or operate an underground coal mine after
			 February 28, 1979, or such further time as allowed in writing by the Authority,
			 unless an application has been submitted to the Authority.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.60 - New Underground Coal Mines

Current through Register Vol. 48, No. 28, July 12, 2024
The following Part applies to underground coal mines for which
				a notice of mine opening was filed on or after February 3, 1978.
a) Application. An application shall be
			 submitted upon forms supplied by the Authority. Additional documentation shall
			 accompany an application form as necessary or appropriate to demonstrate
			 compliance with Federal Underground Mine Regulations.
b) Underground Coal Mines for which Notice of
			 Opening was Filed Before August 11, 1978 shall be entitled to continue in
			 operation, subject to compliance with Federal Underground Mine Regulations and
			 provided an application for a Section 17 permit is currently on file with the
			 Authority. Such mines shall request the determinations required of existing
			 underground coal mines in Section
			 280.40 hereof. If a
			 permittee does not have a complete application on file with the Authority, or
			 if the Authority denies the application, operation of the mine shall cease
			 forthwith, reasonable safety and property protection measures excepted, and
			 shall not commence again until such application is filed or a Section 17 permit
			 is granted.
c) No person shall open
			 or operate an underground coal mine for which a Notice of Mine Opening was not
			 filed before August 11, 1978 until a Section 17 permit is issued for the
			 mine.
d) No person shall operate an
			 underground coal mine except in conformity with the Act and the Federal
			 Underground Mine Regulations, 30 CFR 717 (except 717.17(e) ).
e) Permit Application Process. The permit
			 application process for underground coal mines shall be the same as for new
			 surface mines, except that no review by or filing with County Boards shall be
			 required of an applicant. An applicant may elect to have its application
			 reviewed by County Boards. Comments of a County Board are encouraged by the
			 Authority. County Board comments will be considered by the Authority prior to
			 final action on an application if submitted within 75 days of the filing of an
			 application. A County Board may request copies of underground coal mine
			 applications.
f) Determinations.
			 After a permit is issued, determinations shall be requested in accordance with
			 Section
			 280.40
			 hereof.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.70 - Prime Farmland Determinations and Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All Surface Mines Covered. Every Illinois
			 surface coal mining operation is subject to this Section, unless exempt
			 pursuant to Section 510 (d) (2) of the Federal Act, as applied pursuant to
			 Paragraph (b) below.
b) Exemption
1) This Section shall not apply to mines open
			 for ongoing operations immediately prior to August 3, 1977, to permits issued
			 before August 3, 1977, or to operations under renewals or revisions of such
			 permits. Revisions or renewals of such permits under this Paragraph (b) shall
			 extend to and include only those areas that:
A) were in the area covered by a permit
			 issued, or were in a mining plan approved prior to August 3, 1977; or
B) are contiguous to areas for which a permit
			 was issued or a mining plan approved before August 3, 1977, and which under
			 state law or regulation, or practice, normally would have been considered a
			 renewal or revision of a previously approved mining plan.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.80 - Enforcement Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations of this Part set forth the general procedures
				governing issuance of permit suspensions, notices of violation and orders to
				show cause pursuant to Section 17(g) of the Act.
a) Notices and Orders. All Notices and Orders
			 issued pursuant to this Part shall set forth with reasonable specificity:
1) the nature of the violation and the
			 remedial action required;
2) the
			 period of time established for abatement; and
3) a reasonable description of the portion of
			 the surface coal mining operation to which the Notice or Order
			 applies.
Illinois Administrative Code › Title 62 - MINING › Part 280 - ILLINOIS SURFACE COAL MINING OPERATIONS › Section 280.90 - Transitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions
			 of The Surface-Mined Land Conservation and Reclamation Act as amended (Ill.
			 Rev. Stat. ch. 961/2, pars. 4501-4520) and corresponding regulations shall
			 remain in effect insofar as they apply to the mining of coal as defined in
			 30
			 CFR 700.5, until the publication in the
			 Federal Register of notice of the approval, conditional or unconditional, of
			 the proposed Illinois permanent program by the Secretary of the
			 Interior.
b) The effectiveness of
			 Articles I through VIII of The Surface Coal Mining Land Conservation and
			 Reclamation Act, (Ill. Rev. Stat. 1981, ch. 96 1/2, par. 7901.01 et seq.)
			 approved September 22, 1979, and any regulations promulgated in the Federal
			 Register of Notice of the approval, conditional or unconditional, of the
			 proposed Illinois permanent program by the Secretary of the Interior.
c) All permits issued under The Surface-Mined
			 Land Conservation and Reclamation Act and regulations promulgated thereunder,
			 and bonds accepted therewith, will remain effective and valid, and are hereby
			 extended to the earliest in occurrence of the following: 8 months after the
			 effective date of the Secretary's approval of a State program, or the date of
			 approval of a permit application under an approved State program; provided,
			 however, that a person conducting surface coal mining operations under a permit
			 from the State Regulatory Authority, issued in accordance with the provisions
			 of the Section 17 Interim Regulations for Illinois Surface Coal Mining
			 Operations may conduct such operations beyond such period if an application for
			 a permit has been filed in accordance with the provisions of the Federal
			 Surface Mining Control and Reclamation Act of 1977, but the decision on the
			 application has not been made.
d)
			 Any operator may elect to submit an informal application for a permit to
			 conduct surface coal mining operations at any time after August 1, 1980,
			 including in the application information which will be required under The
			 Surface Coal Mining Land Conservation and Reclamation Act.
e) Nothing in these Transition Rules is to be
			 construed to change or affect the applicable law and regulations governing the
			 aggregate mining industry as defined in the Surface-Mined Land Conservation and
			 Reclamation Act, as amended.
f) To
			 the extent consistent with the Surface Coal Mining Land Conservation and
			 Reclamation Act, all bonds, plans, duties and requirements pursuant to "The
			 Open Cut Land Reclamation Act," approved August 10, 1961, as amended, and "The
			 Surface-Mined Land Conservation and Reclamation Act," approved September 17,
			 1971, as amended, shall remain in full force and effect with respect to mining
			 commenced prior to the effective date of the Surface Coal Mining Land
			 Conservation and Reclamation Act.
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 300.20 - Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who Must Apply
				For a Permit
1) A surface mining permit shall
				be required where:
A) Overburden exceeds 10
				feet in depth, or
B) Where the
				surface mining and overburden area will affect more than 10 acres during the
				period of one year which shall be measured from July 1 to June 30 of the
				following year.
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 300.30 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fees Generally
Each application for a permit shall require a separate fee
				  payment. Permit fees are not to accompany the application. After receipt of the
				  application, the Department will request the permit fee before issuance of the
				  permit. The fee shall be in the form of a check made payable to the Illinois
				  Department of Natural Resources, Office of Mines and Minerals.
b) Permit Fee Calculation
1) Surface Mining Permit
The fee for a surface mining permit shall be $150 for every
				  acre and fraction of an acre of land to be permitted. The permit fee shall only
				  be paid once on an acre of land regardless of the number of permit periods it
				  is mined, but, with respect to areas where the overburden is to be removed
				  again and upon which the surety bonds have been released, a new permit, fees
				  and bond will be required.
2) Refuse Disposal Permits
The fee for a gob refuse disposal permit and for a slurry
				  pond refuse disposal permit shall be calculated in the same manner as the fee
				  to engage in surface mining. The permit fee shall only be paid once on an acre
				  of land regardless of the active life of a disposal area.
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 300.40 - Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bonds Generally
Bonds shall be in keeping with the Act and this Part. Each
				  application for a permit shall require a separate bond. Bonds shall be issued
				  to coincide with the permit period.
b) Bond Calculation
The amount of bond required to be filed with the Department
				  before any surface mining or refuse disposal permit is issued shall be from
				  $600 to $10,000 per acre or fractional part thereof, the exact amount to be
				  determined by the Director after considering the various factors relating to
				  the predictable reclamation cost. Under circumstances in which a written
				  agreement between the operator and a third party requires overburden to be
				  removed, replaced, graded and seeded in a manner that the necessary bond
				  penalty exceeds $10,000 per acre, the Department shall require a bond amount
				  sufficient to ensure the completion of the reclamation plan specified in the
				  approved permit in the event of forfeiture. In no case shall the bond for the
				  entire area under one permit be less than $600 per acre or $3,000, whichever is
				  greater. The Director shall notify the applicant of the amount of the bond
				  which must be filed by the applicant before a permit will be issued.
c) Definitions
1) Bond means surety bond or other security
				in lieu thereof.
2) Surety bond
				means an indemnity agreement in a sum certain payable to the Department,
				executed by the permittee as principal and supported by the performance
				guarantee of a corporation licensed to do business as a surety in
				Illinois.
3) Other security means
				an indemnity agreement in a sum certain executed by the permittee as principal
				that is supported by the deposit with the Department of one or more of the
				following:
A) A cash account, which shall be
				the deposit of cash in one or more federally-insured or equivalently protected
				accounts, payable only to the Department upon demand, or the deposit of cash
				directly with the Department;
B)
				Negotiable government securities, endorsed to the order of, and placed in the
				possession of, the Department;
C)
				An irrevocable letter of credit of any bank organized or authorized to transact
				business in Illinois, payable only to the Department upon
				presentation;
D) Certificates of
				deposit, drawn on a federally insured bank, made payable or assigned to the
				Department and placed in its possession.
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 300.70 - Departmental Consideration of Reclamation Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) Approval of Plans
The Department shall approve a conservation and reclamation
				  plan if the plan complies with the Act and this Part, and if the completion of
				  the plan will in fact accomplish every duty required of the operator. The
				  Department's approval of a plan shall be based on the advice of technically
				  trained foresters, agronomists, economists, engineers, planners and other
				  relevant experts having experience in reclaiming surface mined lands. The
				  Department shall consider the view filed by the county board in writing with
				  the Department. The Department shall consider the short and long term impact of
				  the proposed mining on:
1)
				vegetation;
2) wildlife;
3) fish;
4) land use;
5) land values;
6) local tax base;
7) economy of the region and of the
				State;
8) employment
				opportunities;
9) air
				pollution;
10) water
				pollution;
11) soil
				contamination;
12) noise
				pollution;
13) drainage.
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 300.80 - Public Filing of Approved Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Where to File
The approved reclamation plan shall be filed by the operator
				  in duplicate with the clerk of each county containing lands to be affected, and
				  such plan shall be available for public inspection at the office of the clerk
				  until reclamation is completed and the bond is released in accordance with the
				  provisions of the Act and this Part. Upon receipt of the approved reclamation
				  plan, the county clerk shall forward one (1) copy to the presiding officer of
				  the county's board or commission.
b) Proof of Filing
Proof of filing the approved reclamation plan and the
				  prescribed forwarding of same shall be submitted to the Department by an
				  acknowledgement to said effect bearing the signature of the county clerk or his
				  representative, as set forth in amended MLCR Form 1b.
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 300.90 - Amendments to Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Surface
				Mined Affected Lands
1) Amendment to Increase
				Affected Acreage
An operator may make application to amend his surface mining
				  permit to include additional acreage at any time during the permit period. The
				  fee for such an amendment to a permit shall be at a rate per acre consistent
				  with the prescribed rate for the new total estimated acreage to be affected and
				  such fee shall be submitted upon request by the Department. The additional bond
				  or security which shall be required, if such an amended permit is granted shall
				  be at a rate per acre consistent with the Act and Section
				  300.40(b)
				  of this Part. The Director shall notify the applicant of the amount of the
				  additional bond or security to be filed and the additional fees to be submitted
				  by the applicant before the amended permit will be issued.
2) Amendment to Transfer Acreage Under Permit
				Within a Geographically Distinct Mining Site
An operator may make application to amend his surface mining
				  permit by requesting to transfer acreage from within an area under permit to
				  another area outside the permit area but within the same geographically
				  distinct mining site at any time during the permit period. Upon approval of the
				  Department, such amendment shall be allowed without additional fees except as
				  may be provided elsewhere in this subsection.
3) Requirements for Amendments to Permits
				Under Subsections (a)(1) and (a)(2)
Any application for an amendment to a surface mining permit
				  allowed under subsections (a)(1) and (a)(2) of this Section shall be governed
				  by those provisions of the Act and this Part that apply to applications for a
				  surface mining permit. Such provisions and rules shall include, but are not
				  limited to, provisions and rules concerning notice to county boards, dates of
				  application, responsibilities of county clerks, times for hearings, county
				  board proposals, and Departmental consideration of reclamation proposals and
				  recommendations generally.
4) Request to Reduce Affected Acreage
An operator may make application to withdraw acreage covered
				  by permit, except affected land, at any time during the permit period. Upon
				  approval by the Department, the bond shall be reduced proportionally but there
				  shall be no refund of fees.
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 300.95 - Transfer of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator
				may transfer any existing permit to a second operator, after first notifying
				the Department of the intent to transfer the permit.
b) The Department shall transfer any existing
				permit to a second party upon written notification from both parties and the
				posting of an adequate performance bond by the new permittee, in accordance
				with Section
				300.40.
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 300.100 - Reclamation Planning

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Statement
1) It shall be the responsibility of
				the Department to encourage operators to consider the advantages of:
A) long range reclamation planning,
				and
B) multiple land use
				planning.
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 300.110 - General Reclamation Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Time Requirement For Completion of
				Reclamation
1) All reclamation provided for in
				the Act and this Part shall be carried to completion by the operator prior to
				the expiration of 3 years after active use, as determined by the
				Department.
2) Exceptions
When extension of the reclamation period is necessary to
				  allow continued mining operation otherwise permitted by the Act and this Part,
				  or to accomplish acceptable reclamation, such request for extension shall be
				  justified in writing to the Department. It shall be within the discretion of
				  the Department to grant such extension consistent with the Act and this Part.
				  If lands are not satisfactorily reclaimed and if the Department shall deny
				  request for an extension of the reclamation period, the Department shall
				  declare forfeiture of the surety bond or security on such land not
				  satisfactorily reclaimed or, in the alternative, the Director shall provide
				  that the operator cover such areas within one year with material capable of
				  being vegetated in accordance with vegetative standards adopted by the
				  Department.
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 300.130 - Reclamation of Gob Disposal Areas and Outside Slopes of All Overburden Deposition Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Temporary
				Gob Refuse Areas
Gob disposal areas that will be covered with four (4) feet of
				  earth material capable of supporting vegetation within a four (4) month period
				  are exempt from surety bond. The operator shall request permission for the
				  commencement of such a program and keep the Department advised of locations and
				  progress should permission be granted. Establishment of a refuse area without
				  approval shall be considered a violation.
b) Erosion Control and Vegetation
The slopes of new or laterally extended gob piles and outside
				  slopes of all deposition areas shall be treated with appropriate vegetation and
				  water disposal practices to prevent erosion of the slopes, exposing toxic
				  materials and the deposition of sediment below.
c) Covering
Gob piles not capable of supporting vegetation shall be
				  covered a minimum depth of four (4) feet with soil material capable of being
				  vegetated and an acceptable cover shall be established.
d) Slopes
The outside slope of all overburden deposition areas and gob
				  piles shall not be steeper than thirty percent (30%).
e) Vegetative Treatment for Gob Disposal
				Areas
1) Reforestation - Five hundred (500)
				trees will be the minimum standard for acceptable stocking and shall be
				determined by the method described in Section
				300.120(a).
				A nurse crop of oats, rye, rye grass or similar species is suggested to
				minimize erosion.
2) Pasture - An
				eighty-five percent (85%) stand of seeded legumes and/or perennial grass shall
				be required in August through October of the seeding year. Areas not meeting
				the standard shall be reworked and reseeded.
3) Mulching - is suggested at a rate of two
				(2) tons of hay or straw per acre. Mulch should be anchored with asphalt or
				mulch net.
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 300.140 - Reclamation of Slurry Pond Disposal Areas

Current through Register Vol. 48, No. 28, July 12, 2024
Screening Vegetation Engineering Practices
Slurry must be confined in depressed mined areas or areas
				  bounded by levees or dams constructed from material capable of supporting
				  acceptable vegetation and built in accordance with sound engineering practices.
				  Such areas shall be screened with border plantings of tree species which by
				  their seeding habits will encourage propagation of vegetation to these areas,
				  and levees or dams built to confine slurry shall be established to adapted
				  species of grasses. The stand requirements shall meet the standards established
				  in Section
				  300.120(b).
				  Levees and dam construction methods are described in Section
				  300.150.
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 300.150 - Water Impoundment Structures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Dams
1)
				This Section establishes the minimum acceptable standards for the design and
				construction of water impoundment structures under the Surface Mined Land
				Conservation and Reclamation Act when failure of the structures would not
				result in loss of life; in damage to homes, commercial or industrial buildings,
				main highways, or railroads; or in interruption to the use or service of public
				utilities.
2) The standards
				established here are applicable to structures where the vertical distance
				between the lowest point along the centerline of the dam and the top of the dam
				does not exceed thirty (30) feet. For structures in excess of this height a
				registered engineer in the State of Illinois shall prepare the necessary plans
				and specifications as required by the Department.
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 300.160 - Affected Acreage Map

Current through Register Vol. 48, No. 28, July 12, 2024
a) When to
				File
On or before April 1 of each year, every permit holder shall
				  submit to the Department and to the county clerk, MLCR Form 3, "Detail Map of
				  Affected Land." This map shall be of the land from which the overburden has
				  been removed, together with the unmined land upon which the overburden is
				  deposited. An extension to this filing date may be granted when, in the opinion
				  of the Department, the extension is for good cause (e.g., extended periods of
				  illness, extreme inclement weather, acts of civil unrest, or other emergency
				  situations) and not due to lack of diligence on the part of the
				  operator.
b) Execution
The forms shall be duly executed and duplicate maps shall be
				  attached showing the land affected during the fiscal year just ended. The
				  Department may require the map to be executed by an engineer registered in the
				  State of Illinois.
c) Form
The map shall be planned as a continuous map, as far as
				  possible, so that the land affected each year may be added and indicated on the
				  map by the dates it was affected. All maps are to be blue or black line prints
				  or scaled aerial photographs.
d) Scale
The scale of the map shall be reasonable to the area of land
				  affected so as to show necessary detail and so that the area affected may be
				  included within a map, width not to exceed 42 inches.
Suggested Scales:
Up to 10 acres
-
1"
=
100'
Up to 40 acres
-
1"
=
200'
40 acres & above
-
1"
=
400'
e)
				Detail
All maps shall show section, 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; a title containing name of
				  operator, address, scale of map, by whom map was drawn, name of surveyor or
				  engineer.
f) Amendment to
				Permit Required
If the area of affected land is in excess of the estimated
				  acreage in the original permit and any amendments thereto, an application for
				  an amendment to the permit necessary to include such additional acreage shall
				  be made consistent with the Act and this Part, including, but not limited to,
				  Section
				  300.90 of this
				  Part.
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 300.170 - Violations and Forfeiture

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice
				of Violation
The Department shall give written notice by registered or
				  certified mail to the operator of any violation of the Act or noncompliance
				  with any of this Part. The operator shall have forty-five (45) days to correct
				  the deficiency or deficiencies set forth in the notice.
b) Forfeiture Proceedings
If corrective measures, approved by the Department, are not
				  commenced within forty-five (45) days, the Department may initiate forfeiture
				  proceedings against the operator in the amount of the bond or security in
				  effect at the time of default for every acre or portion thereof with respect to
				  which the operator has defaulted. Prior to initiating forfeiture proceedings
				  against the operator, the Department shall notify the operator in writing of
				  the alleged violation or noncompliance and shall afford the operator the right
				  to appear before the Department at a hearing to be held not less than thirty
				  (30) days after the receipt of such notice by the operator. At the hearing the
				  operator may present for the consideration of the Department statements,
				  documents and other information with respect to the alleged violation. After
				  the conclusion of the hearing, the Department shall either withdraw the notice
				  of violation or shall request the Attorney General to institute proceedings to
				  have the bond of the operator forfeited as to the land involved.
c) Penalty for Forfeiture
Any operator against whom forfeiture proceedings have been
				  required shall not be issued a permit for further surface mining in Illinois
				  except if he provides additional assurances satisfactory to the Director that
				  such proceedings shall not again become necessary.
d) Penalties - Injunction
1) Any person required by this Act to have a
				permit who engages in surface mining without previously securing a permit to do
				so as prescribed by this Act, is guilty of a business offense and shall be
				fined not less than $50 nor more than $1,000. Each day of operation without the
				permit required by this Act shall be deemed a separate violation.
2) Authorized representatives of the
				Department shall by injunctive procedures close down at once any operator found
				to be surface mining without a permit or in violation of this Act. No liability
				whatsoever shall accrue to the Department or its authorized representative in
				closing down any operator pursuant to this Section.