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(225 ILCS 720/2.02) (from Ch. 96 1/2, par. 7902.02)
Sec. 2.02.
Contents of Permit Application.
(a) Each permit application,
and each application for revision of a permit, submitted under this Act
shall contain all information, maps, surveys, data and other materials which
the Department by rule requires, in a form prescribed by the Department
by rule. Such rules shall satisfy the requirements for permit applications
and for applications for revision of a permit under the Federal Act and
Regulations.
(b) If the Department finds that the probable total annual production
at all locations of an operation will not exceed 300,000 tons,
the Department
shall provide assistance under this subsection to that operator to the extent
required under the Federal Act. The following shall be performed for such
operator by a qualified public or private laboratory designated by the
Department
to the extent required by the Department by rule to be part of such operator's
application, and if such operator requests such assistance in writing:
(1) the determination of probable hydrologic |
| consequences, including the engineering analyses and designs necessary for the determination;
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(2) the development of cross-section maps and plans;
(3) the geologic drilling and statement of results of
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| test borings and core samplings;
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(4) the collection of archaeological information and
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| any other archaeological and historical information required by the Department, and the preparation of plans necessitated thereby;
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(5) pre-blast surveys; and
(6) the collection of site-specific resource
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| information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this Act.
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The cost of the preparation of such determinations, test borings, core
samplings
and statements for such operator shall be paid by the Department to the
extent required under the Federal Act.
A coal operator that has received assistance pursuant to this subsection
shall reimburse the regulatory authority for the cost of the services rendered
if the program administrator finds that the operator's actual and attributed
annual production of coal for all locations exceeds 300,000 tons during the 12
months immediately following the date on which the operator is issued the
surface coal mining and reclamation permit.
(c) With respect to applications for surface mining operations in cases
where the private mineral estate has been severed from the private surface
estate, the applicant shall submit to the Department with the application
either (1) the written consent of the surface owner to the extraction of
coal by surface mining operations, (2) a conveyance that expressly grants
or reserves the right to extract the coal by surface mining operations,
or (3) if the conveyance does not expressly grant the right to extract coal
by surface mining operations, a determination in accordance with State law
of the surface-subsurface legal relationship.
(Source: P.A. 88-599, eff. 9-1-94.)
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