Section 1816.79  Protection of Underground Mining

No surface mining activities shall be conducted closer than five hundred (500) feet to any point of either an active or abandoned underground mine, except to the extent that:

a)         The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; and

b)         The nature, timing and sequence of the activities that propose to mine closer than five hundred (500) feet to an active underground mine are jointly approved by the Department and the Mine Safety and Health Administration (MSHA).

(Source:  Amended at 20 Ill. Reg. 2027, effective January 19, 1996)