reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, owned or controlled and owns or
				controls means any one or a combination of the relationships specified in
				subsections (a) and (b) below:
a)
			 Ownership or control is evidenced by:
1) Being
			 a permittee of a surface coal mining operation;
2) Based on instruments of ownership or
			 voting securities, owning of record in excess of fifty (50) percent of an
			 entity; or
3) Having any other
			 relationship which gives one person authority directly or indirectly to
			 determine the manner in which an applicant, an operator, or other entity
			 conducts surface coal mining operations.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.11 - Requirements to Obtain Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All operations.
On and after February 1, 1983, no person shall engage in or
				carry out any surface coal mining operations on non-Federal or non-Indian Lands
				within the State, unless such person has first been issued a permanent
				regulatory program permit by the Illinois Department of Natural Resources
				(Department), except as provided for in subsection (b). A permittee need not
				renew the permit if no surface coal mining operations will be conducted under
				the permit and solely reclamation activities remain to be done. Obligations
				established under a permit continue until completion of surface coal mining and
				reclamation operations, regardless of whether the authorization to conduct
				surface coal mining operations has expired or has been terminated, revoked, or
				suspended.
b) Continuation
			 of interim regulatory program operations.
1) A
			 person authorized to conduct surface coal mining and reclamation operations
			 under a permit issued or amended by the Department in accordance with the
			 requirements of the interim regulatory program may conduct such operations
			 beyond February 1, 1983, if:
A) Not later than
			 August 3, 1982, regardless of litigation contesting that program, an
			 application for a permanent regulatory program permit is filed for any
			 operation to be conducted after February 1, 1983, in accordance with the
			 provisions of the permanent program;
B) The Department has not yet rendered an
			 initial administrative decision approving or disapproving the permit;
			 and
C) The surface coal mining and
			 reclamation operation is conducted in compliance with the requirements of the
			 Surface Mining Control and Reclamation Act of 1977 (
			 30 U.S.C.
			 1201 et seq.) (Federal Act), the Surface Coal
			 Mining Land Conservation and Reclamation Act [225 ILCS 720 ] (State Act), 62
			 Ill. Adm. Code 1800 through 1850 and all terms and conditions of the interim
			 program permit.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.12 - Regulatory Coordination with Requirements under Other Laws

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall, to avoid duplication, provide for the
				coordination of review and issuance of permits for surface coal mining and
				reclamation operations with applicable requirements of State laws and
				regulations and the requirements of the Endangered Species Act of 1973, as
				amended (
				16
				USC 1531 et seq.); the Fish and Wildlife
				Coordination Act, as amended (
				16
				USC 661 et seq.); the Migratory Bird Treaty
				Act of 1918, as amended (
				16 USC
				703 et seq.); the National Historic
				Preservation Act of 1966, as amended (
				16 USC 470
				et seq.); the Bald Eagle Protection Act, as amended (
				16 USC 668
				a ); and federal Executive Order 11593.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.13 - Public Participation in Permit Processing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing and public notice.
1) Upon submission of an administratively
			 complete application, an applicant for a permit, significant revision of a
			 permit under 62 Ill. Adm. Code
			 1774.13, or
			 renewal of a permit under 62 Ill. Adm. Code
			 1774.15, shall
			 place an advertisement in a local newspaper of general circulation in the
			 locality of the proposed surface coal mining and reclamation operation at least
			 once a week for 4 consecutive weeks. A copy of the advertisement as it will
			 appear in the newspaper shall be submitted to the Department. The advertisement
			 shall contain, at a minimum, the following:
A)
			 The name and business address of the applicant.
B) A map or description which clearly shows
			 or describes the precise location and boundaries of the proposed permit area
			 and shadow area, if applicable, and is sufficient to enable local residents to
			 readily identify the proposed permit area. It may include towns, bodies of
			 water, local landmarks, and any other information which would identify the
			 location. If a map is used, it shall indicate the north direction. If the
			 application includes a shadow area, the map or description shall differentiate
			 between the two.
C) The location
			 where a copy of the application is available for public inspection.
D) The address of the office of the
			 Department where written comments, objections or requests for informal
			 conferences and public hearings on the application may be submitted under
			 subsections (b) and (c).
E) If an
			 applicant seeks a permit to mine within 100 feet of the outside right-of-way of
			 a public road, except where public notice and hearing have previously been
			 provided for this particular part of the road in accordance with 62 Ill. Adm.
			 Code
			 1761.14,
			 a concise statement describing the public road, the activities proposed within
			 100 feet of the road, the particular part to be relocated or closed, if
			 applicable, and the approximate timing and duration of the relocation or
			 closing.
F) If the application
			 includes a request for an experimental practice under 62 Ill. Adm. Code
			 1785.13,
			 a statement indicating that an experimental practice is requested and
			 identifying the regulatory provisions for which a variance is
			 requested.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.15 - Review of Permit Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 General
1) The Department shall review the
			 application for a permit, revision, or renewal; written comments and objections
			 submitted; and records of any informal conference or hearing held on the
			 application, and either:
A) Issue a written
			 decision, in accordance with Section
			 1773.19,
			 either granting or denying the application. If a public hearing is held under
			 Section
			 1773.14,
			 the decision shall be made within 60 days after the close of the public
			 hearing, unless a later time is necessary to provide an opportunity for a
			 hearing under subsection (b)(3); or
B) Issue a written decision requiring
			 modification of the application. If a public hearing is held under Section
			 1773.14, the decision to require modifications shall be made within 60 days
			 after the close of the public hearing.
i) If
			 the applicant does not submit the required modifications to the Department
			 within one year after the date of receipt of notification of the need for
			 modifications, the Department shall issue a written finding in accordance with
			 Section
			 1773.19
			 denying the application. The Department may issue an extension to this time
			 limit if the applicant can demonstrate just cause (e.g., extended periods of
			 illness, extreme inclement weather, acts of civil unrest, or other emergency
			 situations) for doing so.
ii) Upon
			 receipt of the applicant's responses to the required modifications, the
			 Department shall review the responses and issue a written decision, in
			 accordance with Section 1773.19, either granting or denying the
			 application.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.17 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
Each permit issued by the Department shall be subject to the
				following conditions:
a) The permittee
			 shall conduct surface coal mining and reclamation operations only on those
			 lands that are specifically designated as the permit area on the maps submitted
			 with the application and authorized for the term of the permit and that are
			 subject to the performance bond or other equivalent guarantee in effect
			 pursuant to 62 Ill. Adm. Code 1800.
b) The permittee shall conduct all surface
			 coal mining and reclamation operations only as described in the approved
			 application, except to the extent that the Department otherwise directs in the
			 permit.
c) The permittee shall
			 comply with the terms and conditions of the permit, all applicable performance
			 standards of the Federal and State Acts, and the requirements of the regulatory
			 program.
d) Without advance notice,
			 delay, or a search warrant, upon presentation of appropriate credentials, the
			 permittee shall allow the authorized representatives of the Department and
			 Secretary of the United States Department of the Interior to:
1) Have the right of entry provided for in 62
			 Ill. Adm. Code
			 1840.12;
			 and
2) Be accompanied by private
			 persons for the purpose of conducting an inspection in accordance with 62 Ill.
			 Adm. Code 1840, when the inspection is in response to an alleged violation
			 reported to the Department by the private person.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.19 - Permit Issuance and Right of Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Final permit decision.
1) The Department shall make its final
			 decision to approve, deny or modify the permit application on the basis of:
A) Complete applications for permits and
			 revisions or renewals thereof;
B)
			 Public participation, as provided by Sections
			 1773.13
			 and
			 1773.14;
			 and
C) Compliance with all
			 applicable provisions of 62 Ill. Adm. Code 1785.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.20 - Improvidently Issued Permits: General Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permit review.
If the Department receives information indicating that it
				improvidently issued a surface coal mining and reclamation permit, the
				Department shall review the circumstances under which the permit was issued
				using a criteria in subsection (b) below. Where the Department finds that the
				permit was improvidently issued, it shall undertake the remedial measures set
				forth in subsection (c) below.
b) Review criteria.
The Department shall find that a surface coal mining and
				reclamation permit was improvidently issued if:
1) Under the violations review criteria of
			 the regulatory program at the time the permit was issued:
A) The Department should not have issued the
			 permit because of an unabated violation or a delinquent penalty or fee;
			 or
B) The permit was issued on the
			 presumption that a notice of violation was in the process of being corrected to
			 the satisfaction of the agency with jurisdiction over the violation, but a
			 cessation order subsequently was issued; and
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.21 - Improvidently Issued Permits: Rescission Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department, under Section
				1773.20(c)(4),
				elects to rescind an improvidently issued permit, the Department shall serve on
				the permittee a notice of proposed suspension and rescission which includes the
				reasons for the finding of the Department under Section
				1773.20(b)
				and states that:
a) Automatic
			 suspension and rescission.
After a specified period of time not to exceed ninety (90) days
				the permit automatically will become suspended, and not to exceed ninety (90)
				days thereafter rescinded, unless within those periods the permittee submits
				proof, and the Department finds, consistent with the provisions of Section
				1773.25,
				that:
1) The Department's finding
			 under Section
			 1773.20(b)
			 was erroneous;
2) The permittee or
			 other person responsible has abated the violation on which the finding was
			 based, or paid the penalty or fee, to the satisfaction of the responsible
			 agency;
3) The violation, penalty
			 or fee is the subject of a good faith appeal, or of an abatement plan or
			 payment schedule with which the permittee or other person responsible is
			 complying to the satisfaction of the responsible agency; or
4) Since the finding was made, the permittee
			 has severed any ownership or control link with the person responsible for, and
			 does not continue to be responsible for, the violation, penalty or
			 fee.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.22 - Verification of Ownership or Control Application Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
			 with Section
			 1773.15(c)(1),
			 prior to the issuance of a permit, the Department shall review the information
			 in the application provided pursuant to 62 Ill. Adm. Code
			 1778.13
			 to determine that such information, including the identification of the
			 operator and all owners and controllers of the operator, is complete and
			 accurate. In making such determination, the Department shall compare the
			 information provided in the application with information from other reasonably
			 available sources, including:
1) Manual data
			 sources within the State, including:
A) The
			 Department's inspection and enforcement records; and
B) The Secretary of State's corporate or tax
			 records, to the extent they contain information concerning ownership or control
			 links; and
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.23 - Review of Ownership or Control and Violation Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the verification of ownership or
			 control information pursuant to Section
			 1773.22,
			 the Department shall review all reasonably available information concerning
			 violation notices and ownership or control links involving the applicant to
			 determine whether the application can be approved under Section
			 1773.15(b)
			  above. Such information shall include:
1) With respect to ownership or control links
			 involving the applicant, all information obtained under 62 Ill. Adm. Code
			 1773.22
			 and
			 1778.13;
			 and
2) With respect to violation
			 notices, all information obtained under 62 Ill. Adm. Code
			 1778.14,
			 information obtained from OSM, including information shown in the AVS, and
			 information from the Department's own records concerning violation
			 notices.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.24 - Procedures for Challenging Ownership or Control Links Shown in the Applicant Violator System

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who may
			 challenge.
1) Any applicant or other person
			 shown in the Applicant Violator System (AVS) in an ownership or control link to
			 any person may challenge such link in accordance with the provisions of 30 CFR
			 773.24(b) through (d) and
			 30 CFR
			 773.25, unless such applicant or other person
			 is bound by a prior administrative or judicial determination concerning the
			 link.
2) Any applicant or other
			 person shown in AVS in an ownership or control link to any person cited in a
			 federal violation notice may challenge the status of the violation covered by
			 such notice in accordance with the provisions of 30 CFR 773.24(b) through (d)
			 and
			 30 CFR
			 773.25, unless such applicant or other person
			 is bound by a prior administrative or judicial determination concerning the
			 status of the violation.
3) Any
			 applicant or other person shown in AVS in an ownership or control link to any
			 person cited in a state violation notice may challenge the status of the
			 violation covered by such notice in accordance with subsections (b) through (d)
			 below and Section
			 1773.25,
			 unless such applicant or other person is bound by a prior administrative or
			 judicial determination concerning the status of the violation covered by such
			 notice in accordance with subsections (b) through (d) below and Section
			 1773.25, unless such applicant or other person is bound by a prior
			 administrative or judicial determination concerning the status of the
			 violation.
Illinois Administrative Code › Title 62 - MINING › Part 1773 - REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING › Section 1773.25 - Standards for Challenging Ownership or Control Links and the Status Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 provisions of this Section shall apply whenever a person has and exercises a
			 right, under the provisions of Section
			 1773.20,
			 1773.21,
			 1773.23
			 or
			 1773.24,
			 to challenge an ownership or control link to any person and/or the status of
			 any violation covered by a notice.
b) Agencies Responsible
1) Except as provided in subsection (b)(3):
A) The regulatory authority before which an
			 application is pending shall have responsibility for making decisions with
			 respect to ownership or control relationships of the application.
B) The regulatory authority that issued a
			 permit shall have responsibility for making decisions with respect to the
			 ownership or control relationships of the permit.
C) The regulatory authority for the State
			 that issued a State violation notice shall have responsibility for making
			 decisions with respect to the ownership or control relationship of the
			 violation.
D) The regulatory agency
			 that issued a violation notice, whether State or federal, shall have
			 responsibility for making decisions concerning the status of the violation
			 covered by the notice, i.e., whether the violation remains outstanding, has
			 been corrected, is in the process of being corrected, or is the subject of a
			 good faith appeal, within the meaning of Section
			 1773.15(b)(1).
Illinois Administrative Code › Title 62 - MINING › Part 1774 - REVISION; RENEWAL; AND TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS › Section 1774.11 - Department Review of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Illinois Department of Natural Resources (Department) shall review each
			 permit issued and outstanding under the regulatory program during the term of
			 the permit. This review shall occur not later than the middle of each permit
			 term and as follows:
1) Permits with a term
			 longer than five years shall be reviewed no less frequently than the permit
			 midterm or every five years, whichever is more frequent.
2) Permits with variances granted in
			 accordance with 62 Ill. Adm. Code
			 1785.14
			 (mountaintop removal) and 62 Ill. Adm. Code
			 1785.18
			 (variance for delay in contemporaneous reclamation requirement in combined
			 surface and underground mining operations) shall be reviewed no later than
			 three years from the date of issuance of the permit unless, for variances
			 issued in accordance with 62 Ill. Adm. Code 1785.14, the permittee
			 affirmatively demonstrates that the proposed development is proceeding in
			 accordance with the terms of the permit.
3) Permits containing experimental practices
			 issued in accordance with 62 Ill. Adm. Code
			 1785.13
			 and permits with a variance from approximate original contour requirements in
			 accordance with 62 Ill. Adm. Code
			 1785.16
			 shall be reviewed as set forth in the permit or at least every 21/2 years from
			 the date of issuance as required by the Department, in accordance with 62 Ill.
			 Adm. Code
			 1785.13(g)
			 and
			 1785.16(c),
			 respectively.
Illinois Administrative Code › Title 62 - MINING › Part 1774 - REVISION; RENEWAL; AND TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS › Section 1774.15 - Permit Renewals

Current through Register Vol. 48, No. 28, July 12, 2024
a) A valid
			 permit shall carry with it the right of successive renewal, within the approved
			 boundaries of the existing permit, upon expiration of the term of the
			 permit.
b) Application requirements
			 and procedures.
1) An application for renewal
			 of a permit shall be filed with the Department at least one hundred and eighty
			 (180) days before expiration of the existing permit term.
2) An application for renewal of a permit
			 shall be in the form required by the Department and shall include at a minimum:
A) The name and address of the permittee, the
			 term of the renewal requested, and the permit number or other
			 identifier;
B) Evidence that a
			 liability insurance policy or adequate self-insurance under 62 Ill. Adm. Code
			 1800.60 will
			 be provided by the applicant for the proposed period of renewal;
C) Evidence that the performance bond in
			 effect for the operation will continue in full force and effect for any renewal
			 requested, as well as any additional bond required by the Department pursuant
			 to 62 Ill. Adm. Code 1800;
D) A
			 copy of the proposed newspaper notice and proof of publication of same, as
			 required by 62 Ill. Adm. Code
			 1778.21;
			 and
E) Additional revised or
			 updated information required by the Department.
3) Applications for renewal shall be subject
			 to the requirements of public notification and public participation contained
			 in 62 Ill. Adm Code
			 1773.13
			 and
			 1773.19(a)(3).
4) If an application for renewal includes any
			 proposed revisions to the permit, such revisions shall be identified and be
			 subject to the requirements of Section
			 1774.13.
5) If a complete application for renewal of a
			 permit includes a proposal to extend the mining and reclamation operation
			 beyond the permit area boundaries authorized in the existing permit, the
			 portion of the complete application for renewal of a valid permit which
			 addresses any new land areas shall be subject to the full standards applicable
			 to new permit applications under the Act, and 62 Ill. Adm. Code 1773, 1777,
			 1778, 1779, 1780, 1783, 1784, 1785, and 1800.
Illinois Administrative Code › Title 62 - MINING › Part 1774 - REVISION; RENEWAL; AND TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS › Section 1774.17 - Transfer, Assignment, or Sale of Permit Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) No transfer, assignment, or sale of rights
			 granted by a permit shall be made without the prior written approval of the
			 Department.
b) An applicant for
			 approval of the transfer, assignment, or sale of permit rights shall:
1) Provide the Department with an application
			 for approval of the proposed transfer, assignment, or sale including:
A) The name and address of the existing
			 permittee and permit number or other identifier;
B) A brief description of the proposed action
			 requiring approval; and
C) The
			 legal, financial, compliance, and related information required by 62 Ill Adm.
			 Code 1778 for the applicant for approval of the transfer, assignment, or sale
			 of permit rights.
Illinois Administrative Code › Title 62 - MINING › Part 1777 - GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS › Section 1777.11 - Format and Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 application shall:
1) Contain current
			 information, as required by 62 Ill. Adm. Code 1772 through 1785;
2) Be clear and concise; and
3) Be filed in the format required by the
			 Illinois Department of Natural Resources (Department).
Illinois Administrative Code › Title 62 - MINING › Part 1777 - GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS › Section 1777.13 - Reporting of Technical Data

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 technical data submitted in the application shall be accompanied by the names
			 of persons or organizations that collected and analyzed the data, dates of the
			 collection and analysis of the data, and descriptions of methodology used to
			 collect and analyze the data.
b)
			 Technical analyses shall be planned by or under the direction of a professional
			 qualified in the subject to be analyzed.
Illinois Administrative Code › Title 62 - MINING › Part 1777 - GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS › Section 1777.14 - Maps and Plans: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Maps submitted with applications shall be
			 presented in a consolidated format, to the extent possible, and shall include
			 all the types of information that are set forth on topographic maps of the U.S.
			 Geological Survey of the 1:24,000 scale series. Maps of the permit area shall
			 be at a scale of 1:6,000 or larger. Maps of the permit area and adjacent area
			 shall clearly show the lands and waters within those areas and be in a scale
			 determined by the Department, but in no event smaller than 1:24,000.
b) All maps and plans submitted with the
			 application shall distinguish among each of the phases during which surface
			 coal mining operations were or will be conducted at any place within the life
			 of operations. At a minimum, distinctions shall be clearly shown among those
			 portions of the life of operations in which surface coal mining operations
			 occurred:
1) Prior to August 3,
			 1977;
2) After August 3, 1977, and
			 prior to May 3, 1978;
3) After May
			 3, 1978, and prior to February 1, 1983;
4) After the estimated date of issuance of a
			 permanent program permit by the Department.
Illinois Administrative Code › Title 62 - MINING › Part 1777 - GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS › Section 1777.15 - Completeness

Current through Register Vol. 48, No. 28, July 12, 2024
An application for a permit to conduct surface coal mining and
				reclamation operations shall be complete and shall include at a minimum:
a) For surface mining activities, the
			 information required under 62 Ill. Adm. Code 1778, 1779, and 1780, and as
			 applicable to the operation, 62 Ill. Adm. Code 1785; and
b) For underground mining activities, the
			 information required under 62 Ill. Adm. Code 1778, 1783, and 1784, and as
			 applicable to the operation, Ill. Adm. Code 1785.
Illinois Administrative Code › Title 62 - MINING › Part 1777 - GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS › Section 1777.17 - Permit Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) After a
			 permit application under 62 Ill. Adm. Code 1772 through 1785 has been deemed
			 approvable, but before a permit is issued in accordance with 62 Ill. Adm. Code
			 1773.19,
			 the Department shall notify the applicant in writing of the amount of fee
			 required for the permit.
b) Permit
			 fees are payable at the time of permit issuance and on the anniversary date of
			 the permit. Those permits for which fees are not received within 30 days after
			 the anniversary date are subject to the provisions of 62 Ill. Adm. Code 1840
			 through 1845.
c) Permit fees are
			 payable as a lump sum or in equal annual increments for the permit term and
			 shall be determined as follows:
1) The permit
			 fee for areas to be surface mined is $125 per bonded acre;
2) For all other areas within the permit
			 area, for both surface and underground mines, the fee will be $5 per acre for
			 each year the bond is in force.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.9 - Certifying and Updating Existing Permit Application Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the applicant
			 has previously applied for a permit and the required information is already in
			 the Applicant Violator System (AVS), then the applicant may update the
			 information as shown in the following table.
If:
Then:
All or part of the information already in AVS is
						  accurate and complete:
May certify to DNR by swearing or affirming, under oath
						  and in writing, that the relevant information in AVS is accurate, complete and
						  up to date.
Part of the information in AVS is missing or
						  incorrect:
Must submit to DNR the necessary information or
						  corrections and swear or affirm, under oath and in writing, that the
						  information submitted is accurate and complete.
The applicant can neither certify that the data in AVS
						  is accurate and complete nor make needed corrections:
Must include in the applicant's permit application the
						  information required under this Part.
b) The
			 applicant must swear or affirm, under oath and in writing, that all information
			 provided by the applicant in the application is accurate and
			 complete.
c) The Department may
			 establish a central file to house the applicant's identity information, rather
			 than place duplicate information in each of the applicant's permit application
			 files. The Department will make the information available to the public upon
			 request.
d) After the Department
			 approves an application, but before issuing a permit, the applicant shall
			 update, correct or indicate that no change has occurred in the information
			 previously submitted under this subsection and Sections
			 1778.13
			 and
			 1778.14.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.13 - Identification of Interests

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant shall provide in the permit application:
1) A statement whether it and the operator
			 are corporations, partnerships, sole proprietorships or other business
			 entities; and
2) taxpayer
			 identification numbers for it and the operator.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.14 - Violation Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant must state in the permit application whether it, the operator or any
			 subsidiary, affiliate or entity that it or the operator owns or controls, or
			 that is under common control with the applicant or the operator, has:
1) had a federal or State permit for surface
			 coal mining suspended or revoked during the five-year period preceding the date
			 of submission of theapplication; or
2) forfeited a performance bond, or similar
			 security deposited in lieu of bond, in connection with surface coal mining and
			 reclamation operations during the five-year period preceding the date of
			 submission of the application.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.15 - Right of Entry Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 application shall contain:
1) the name and
			 address of each legal or equitable owner of record of the surface and mineral
			 property to be mined, each holder of record of any leasehold interest in the
			 property to be mined, and any purchaser of record under a real estate contract
			 for the property to be mined;
2)
			 the name and address of each owner of record of all property (surface and
			 subsurface) contiguous to any part of the proposed permit area;
3) a statement of all lands, interest in
			 lands, options, or pending bids on interests held or made by the applicant for
			 lands contiguous to the area described in the permit application. If requested
			 by the applicant, any information required in this Section that is not on
			 public file pursuant to State law shall be held in confidence by the
			 Department, as provided in 62 Ill. Adm. Code
			 1773.13(d)(3)(B);
			 and
4) the Mine Safety and Health
			 Administration (MSHA) numbers for all structures that require MSHA
			 approval.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.16 - Relationship to Areas Designated Unsuitable for Mining

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application shall contain a statement
			 of available information on whether the proposed permit and shadow areas are
			 within an area designated unsuitable for surface coal mining and reclamation
			 operations or under study for designation in an administrative proceeding under
			 62 Ill. Adm. Code 1762 and 1764.
b)
			 If an applicant claims the exemption in 62 Ill. Adm. Code
			 1762.13(c),
			 the application shall contain information supporting the applicant's assertion
			 that it made substantial legal and financial commitments before January 4,
			 1977, concerning the proposed surface coal mining and reclamation
			 operations.
c) An application in
			 which the applicant proposes to conduct surface coal mining operations within
			 300 feet of an occupied dwelling or within 100 feet of a public road must meet
			 the requirements of 62 Ill. Adm. Code
			 1761.15
			 or
			 1761.14,
			 respectively.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.17 - Permit Term

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 application shall state the anticipated or actual starting and termination date
			 of each phase of the surface coal mining and reclamation operation and the
			 anticipated number of acres of land to be affected during each phase of mining
			 and over the life of the mine.
b)
			 If the applicant requires an initial permit term in excess of five (5) years in
			 order to obtain necessary financing for equipment and the opening of the
			 operation, the application shall:
1) Be
			 complete and accurate covering the specified longer term; and
2) Show that the proposed longer term is
			 needed to allow the applicant to obtain financing for equipment and for the
			 opening of the operation with the need confirmed, in writing, by the
			 applicant's proposed source of financing.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.18 - Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
An application shall contain a certificate of liability
				insurance issued in compliance with 62 Ill. Adm. Code
				1800.60.
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.21 - Proof of Publication

Current through Register Vol. 48, No. 28, July 12, 2024
A copy of the newspaper advertisement of the application for a
				permit, significant revision of a permit or renewal of a permit and proof of
				publication of the advertisement shall be filed with the Department and made a
				part of the complete application, not later than four (4) weeks after the last
				date of publication required under 62 Ill. Adm. Code
				1773.13(a)(1).
Illinois Administrative Code › Title 62 - MINING › Part 1778 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 1778.22 - Facilities or Structures Used in Common

Current through Register Vol. 48, No. 28, July 12, 2024
The plans of a facility or structure that is to be shared by
				two or more separately permitted mining operations may be included in one (1)
				permit application and referenced in the other applications. In accordance with
				62 Ill. Adm. Code 1800, each permittee shall bond the facility or structure
				unless the permittees sharing it agree to another arrangement for assuming
				their respective responsibilities. If such agreement is reached, then the
				application shall include a copy of the agreement between or among the parties
				setting forth the respective bonding responsibilities of each party for the
				facility or structure. The agreement shall be approved by the Department if it
				demonstrates that all responsibilities under the regulatory program for the
				facility or structure will be met.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.4 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the
			 responsibility of the permit applicant to provide, except where specifically
			 exempted in this Part, all information required by this Part in the
			 application.
b) It is the
			 responsibility of State and Federal government agencies to provide information
			 for applications as specifically required by this Part.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.5 - Use of Existing Data

Current through Register Vol. 48, No. 28, July 12, 2024
Permit applicants may comply with the requirements of 62 Ill.
				Adm. Code 1778, 1779, 1780, 1783, 1784 by reliance upon accurate data already
				in the possession of the applicant or the Illinois Department of Natural
				Resources (Department), through incorporating such data by reference into
				permit applications, provided that the incorporated information is made
				publicly available under Article II of the Surface Coal Mining Land
				Conservation and Reclamation Act [225 ILCS 720 /Art. II] (State Act), and 62
				Ill. Adm. Code 1773.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.6 - Use of Expert Opinion

Current through Register Vol. 48, No. 28, July 12, 2024
Permit applicants may comply with 62 Ill. Adm. Code 1778, 1779,
				1780, 1783 and 1784 by providing accurate descriptive and predictive
				information relating to geology, water quantity for a particular permit area,
				based upon expert opinion extrapolation from known data on the geology, water
				quality and quantity of similar areas, rather than by the collection of new
				data for the particular site, provided that the data used by an expert are
				included within the permit application, the expert opinion is approved by the
				Department, and made available to the public for review and
				inspection.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.11 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each permit application shall include a description of the
				existing, premining environmental resources within the proposed permit area and
				adjacent areas that may be affected or impacted by the proposed surface mining
				activities.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.12 - General Environmental Resources Information

Current through Register Vol. 48, No. 28, July 12, 2024
Each application shall describe and identify:
a) The lands subject to surface coal mining
			 operations over the estimated life of those operations and the size, sequence,
			 and timing of the subareas for which it is anticipated that individual permits
			 for mining will be sought; and the nature of cultural, archeological and
			 historic resources listed or eligible for listing on the National Register of
			 Historic Places in accordance with the National Historic Preservation Act of
			 1966, as amended (
			 16 U.S.C.
			 470 et seq.) and known archeological features
			 within the proposed permit and adjacent areas. The description shall be based
			 on all available information, including, but not limited to, data of State and
			 local archeological, historical, and cultural preservation agencies.
b) If the information provided pursuant to
			 subsection (a) is not adequate to enable the Department to make the finding
			 required in 62 Ill. Adm. Code
			 1773.15(c)(12)
			  because information available to the
			 Department indicates a substantial likelihood of currently unknown resources
			 which would be eligible for the National Register of Historic Places within the
			 proposed permit or adjacent areas, the Department shall require the applicant
			 to submit additional information to enable the Department to identify and
			 evaluate such resources. Indications of cultural, archeological, and historical
			 resources shall be based upon such factors including, but not limited to,
			 topographic and physiographic characteristics and other cultural,
			 archeological, and historical resource data for the proposed permit or adjacent
			 areas. An applicant shall be required to conduct field investigations under
			 this subsection as determined necessary by the Department in consultation with
			 the Illinois State Historic Preservation Agency, if such field investigation
			 will provide the information required by subsection (a). A field investigation
			 is a pedestrian archeological survey supplemented by shovel testing, where
			 appropriate.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.19 - Vegetation Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 permit application shall contain a map that delineates existing vegetative
			 types and a description of the plant communities within the proposed permit
			 area and within any proposed reference area. This description shall include
			 information adequate to predict the potential for reestablishing
			 vegetation.
b) When a map or aerial
			 photograph is required, sufficient adjacent areas shall be included to allow
			 evaluation of vegetation as important habitat for fish and wildlife for those
			 species of fish and wildlife identified under 62 Ill. Adm. Code
			 1780.16.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.21 - Soil Resources Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant shall provide adequate soil survey information for the permit area
			 consisting of the following:
1) A map
			 delineating different soils;
2)
			 Soil identification;
3) Soil
			 description including topsoil (A Horizon) thickness and sample location;
			 and
4) Present and potential
			 productivity of existing soils.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.24 - Maps: General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The permit application shall include maps showing:
a) All boundaries of lands and names of
			 present owners of record of those lands, both surface and subsurface, included
			 in or contiguous to the permit area;
b) The boundaries of land within the proposed
			 permit area upon which the applicant has the legal right to enter and begin
			 surface mining activities;
c) The
			 boundaries of all areas proposed to be affected over the estimated total life
			 of the proposed surface mining activities, with a description of size,
			 sequence, and timing of the subareas for which it is anticipated that
			 additional permits will be sought;
d) The location of all buildings on and
			 within one thousand (1,000) feet of the proposed permit area, with
			 identification of the current use of the buildings;
e) The location of surface and subsurface
			 man-made features within, passing through, or passing over the proposed permit
			 area, including, but not limited to major electric transmission lines,
			 pipelines, and agricultural drainage tile fields;
f) The location and boundaries of any
			 proposed reference areas for determining the success of revegetation;
g) The locations of water supply intakes for
			 current users of surface water flowing into, out of, and within a hydrologic
			 area defined by the Department, and those surface waters which will receive
			 discharges from affected areas in the proposed permit area;
h) Each public road located in or within one
			 hundred (100) feet of the proposed permit area;
i) The boundaries of any public park and
			 locations of any cultural or historical resources listed or eligible for
			 listing in the National Register of Historic Places and known archeological
			 sites within the permit and adjacent areas.
j) Each public or private cemetery located in
			 or within one hundred (100) feet of the proposed permit area;
k) Any land within the proposed permit area
			 which is within the boundaries of any units of the National System of Trails or
			 the Wild and Scenic Rivers System, including rivers under study for inclusion
			 in the Wild and Scenic Rivers System; and
l) Other relevant information required by the
			 Department.
Illinois Administrative Code › Title 62 - MINING › Part 1779 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 1779.25 - Cross Sections, Maps and Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) The application shall include cross
			 sections, maps, and plans showing:
1)
			 Elevations and locations of test borings and core samplings;
2) Elevations and locations of monitoring
			 stations used to gather data for water quality and quantity, fish and wildlife,
			 and air quality, if required, in preparation of the application;
3) Nature, depth, and thickness of the coal
			 seams to be mined, any coal or rider seams above the seam to be mined, each
			 stratum of the overburden, and the stratum immediately below the lowest coal
			 seam to be mined;
4) All coal crop
			 lines and the strike and dip of the coal to be mined within the proposed permit
			 area;
5) Location and extent of
			 known workings of active, inactive, or abandoned underground mines, including
			 mine openings to the surface within the proposed permit and adjacent
			 areas;
6) Location and extent of
			 subsurface water, if encountered, within the proposed permit or adjacent
			 areas;
7) Location of surface water
			 bodies such as streams, lakes, ponds, springs, constructed or natural drains,
			 and irrigation ditches within the proposed permit and adjacent areas;
8) Location and extent of existing or
			 previously surface-mined areas within the proposed permit area;
9) Location, and dimensions of existing areas
			 of spoil, waste, and noncoal waste disposal, dams, embankments, other
			 impoundments, and water treatment and air pollution control facilities within
			 the proposed permit area;
10)
			 Location, and depth if available, of gas and oil wells within the proposed
			 permit area and water wells in the permit area and adjacent area.