(225 ILCS 720/3.15) (from Ch. 96 1/2, par. 7903.15)
Sec. 3.15.
Vegetation.
(a) A suitable, diverse, effective, and permanent
vegetative cover of the same seasonal variety native to the area of affected
land shall be established on all regraded areas, and all other land affected.
The Department may approve vegetation plans for the purpose of soil building
or preparing land for crop production. Vegetative cover must
be capable of self-regeneration and plant succession at least equal in extent
of cover to the natural vegetation of the area. Vegetative cover will be
considered of the same seasonal variety when it consists of a mixture of
species of equal or superior utility for the intended land use when compared
with the utility of naturally occurring vegetation during each season of
the year. Introduced species may be used in the revegetation process where
desirable and necessary to achieve the approved post-mining land use plan
only if approved by the Department. Introduced species shall not include
poisonous or toxic species.
(b) The operator shall assume the responsibility for successful
revegetation, as required by this Act, for a period of five full years after
the
last
year of augmented seeding, fertilizing, irrigation, or other work in order
to assure compliance with this Act. This does not preclude responsible land
management practices on portions of the total area as deemed necessary and
approved by the Department.
(c) When the Department determines lands to be high capability lands or
approves a long-term intensive agricultural postmining land use, the applicable
5-year period of responsibility for revegetation shall commence at the date
of initial planting for such use. The Department may grant exceptions to
this requirement to accomplish the purposes of this Act in accordance with
rules adopted by the Department.
(d) The Department may not require that high capability lands be revegetated
with row crops.
(e) On lands eligible for remining, the operator shall assume the
responsibility for successful revegetation for a period of 2 full years after
the last year of augmented seeding, fertilizing, irrigation, or other work in
order to assure compliance with the applicable standards of the Act. This does
not preclude responsible land management practices on portions of the total
area as deemed necessary and approved by the Department.
(Source: P.A. 88-599, eff. 9-1-94.)
|