TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.10 DEFINITIONS
Section 280.10 Definitions
Except where the context clearly
requires special meaning, the following terms shall have the following
definitions:
"Adjudicative Hearing" means a formal hearing
pursuant to rules of the Authority, consistent with the Illinois Administrative
Procedure Act [5 ILCS 100].
"Application" means an application for a permit for
a new mine, or an application for an amendment where amendment of a Section 4
permit is required.
"Combined permit" is the permit issued to a new
surface coal mining operation which is required to meet the requirements of
Section 4 and Section 17 of the Surface-Mined Land Conservation and Reclamation
Act and these regulations; or, a previously issued Section 4 permit into which
these regulations incorporate Section 17 conditions.
"Complete Application" means an application which
appears to the Authority to contain information required by the Authority
before application processing begins.
"Consultation" means a discussion, in person, by
telephone or by written communication, concerning possible standards and
conditions of a permit, or factors affecting a determination.
"Determination" is an action by the Authority that
grants permission, directs reclamation or other regulated effort, stipulates
performance standards or criteria, or like action which is within the power and
judgement of the Authority. Determinations may occur in the course of
operations by a permittee; any determination applicable to permitted operations
shall operate as a condition of the applicable permit.
"Director" means the Director of the Department
of Natural Resources or such officer, bureau or commission as may
lawfully succeed to the powers and duties of such Director.
"Existing Surface Mine" means the area within the
definition of surface coal mining operations, which possessed a permit under
Section 4 of the Surface-Mined Land Conversation and Reclamation Act prior to
February 3, 1978.
"Existing Underground Coal Mine" means the area
included within the definition of surface coal mining operations, as to which
notice of opening was filed pursuant to the Coal Mining Act [225 ILCS 705
before February 3, 1978.
"Federal Act" means the Surface Mining Control and
Reclamation Act of 1977 (P.L. 95-87; 30 U.S.C. 1201, et. seq.).
"Federal Surface Regulations" means performance
standards, procedures, definitions, requirements and the provisions of the
following interim rules of the Department of Interior, Office of Surface
Mining: 30 CFR 700.5, 700.11, 710.2, 710.5, 710.11, 710.12, Part 715 (all),
Part 716 (all), and Part 720 (all).
"Federal Underground Mine Regulations" means 30 CFR
717, and such other regulations as are referred to therein.
"Findings" means a factual, technical or legal
finding of the Regulatory Authority.
"Illinois Act" or "Act" means the
Surface-Mined Land Conservation and Reclamation Act, as amended by P.A. 80-1342
[225 ILCS 715].
"Interagency Committee" or "IC" means the
Interagency Committee on Surface Mining Conservation and Reclamation
established for a given permit application pursuant to Section 17 (f) (1) of
the Illinois Act.
"Meeting" means a public meeting, not including a
hearing.
"Mine" means a coal mine.
"New Mine" means a surface coal mining operation
upon which construction commenced after February 2, 1978, or which was opened
for the first time after February 2, 1978.
"Office of Surface Mining" or "OSM" means
the Office of Surface Mining Reclamation and Enforcement in the United States
Department of the Interior.
"Person" means any individual, proprietorship,
partnership, corporation, joint venture, unit of local government, county,
state or the United States.
"Prime Farmland" means lands defined as prime
farmlands by 30 CFR 716.7(a)(1) and (b).
"Public Hearing" means a quasi-legislative type
hearing held pursuant to rules of the Authority, consistent with the Illinois
Administrative Procedure Act [5 ILCS 100] but may include presentation of
testimony and evidence, and an opportunity for cross-examination.
"Regulatory Authority" or "Authority"
means the Director and Land Reclamation Division in the Illinois Department of
Natural Resources.
"Request for Determination" means a written request
by a permittee or owner or operator of a surface coal mining operation for
permission or a certification of compliance from the Regulatory Authority,
where a permit application is not required, and includes requests for approvals
required to be given by the Regulatory Authority pursuant to the Federal
Surface Regulations or the Federal Underground Mine Regulations where no public
hearing is required.
"Section 4 permit" means a permit required by
Section 4 of the Illinois Act.
"Section 17 conditions" are those conditions of a
permit imposed pursuant to Section 17 of the Illinois Act and these regulations
upon an existing surface mine.
"Section 17 permit" is the permit issued in
accordance with Section 17 of the Illinois Act and these regulations to surface
coal mining operations that are not subject to Section 4 of the Illinois Act.
"Section 4 Regulations" means the Rules of the
Illinois Department of Natural Resources adopted pursuant to Section 12 of the
Illinois Act and applicable to persons or operations required to obtain a
permit pursuant to Section 4 of the Illinois Act.
"Surface coal mining operation" includes both
surface and underground coal mining operations as defined in Section 701 (28)
of the Federal Act and 30 CFR 700.5
"Surface Mining" means surface mining for coal as
defined in the Illinois Act, Section 3(c) [225 ILCS 715/3].
 | TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.20 GENERAL PROVISIONS
Section 280.20 General
Provisions
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.
b) Deadlines. All persons engaged in surface coal mining
operations are required to meet all deadlines set forth in the Federal
Regulations for submitting requests for determination of compliance with the
performance standards. The honoring of requests for determination after
federal deadlines have expired shall not be binding upon the Office of Surface
Mining nor any person other than the Regulatory Authority, and such requests
shall not constitute a bar or defense to federal enforcement.
c) Conflicts
1) In the event a permittee believes there is a conflict within a
combined permit between conditions imposed by Section 4 and conditions imposed
by Section 17, the permittee shall request a finding by the Authority.
2) The request shall set out the alleged conflicting conditions, including
the pertinent rules and facts, and may include comments by the permittee. The
permittee shall also include a statement as to which condition or rule is more
stringent. Regulations which provide for control of surface coal mining
operations, and as to which there is no similar provision in the Federal Act or
Section 17 Regulations, shall be construed consistent with Section 17
Regulations. Conflicts shall not be deemed to exist unless conformance with a
given standard or condition significantly interferes with or precludes
conformity with another standard or condition.
d) Stringency. The Federal Surface Regulations shall apply to
all surface coal mining operations in connection with surface mining of coal in
Illinois. The Federal Underground Mine Regulations shall apply to all surface
coal mining operations in connection with underground coal mines in Illinois.
Standards used and conditions imposed in the administration and enforcement of
Section 17 shall be no more stringent than required by the Federal Act and
Federal Regulations thereunder. If any other provision of the Illinois Act, or
any provision of the Section 4 Regulations, or a provision of any other State
law or regulation thereunder, now or hereafter effective, provides for more stringent
land use and environmental control standards or conditions upon surface coal
mining operations than the Federal Act or Regulations, it shall be applicable
and enforceable in accordance with its terms. The Regulatory Authority shall
determine which of any conflicting standards or conditions are more stringent,
taking into account factors of technological practicability, cost,
environmental protection and the goal of reclamation to optimal conditions.
e) Permit Applications. Applications shall be filed with the
Regulatory Authority, Land Reclamation Division, at its offices in Springfield,
Illinois, and shall, at a minimum, contain information sufficient to
demonstrate that the applicant will comply with all requirements of the
Illinois Act, Section 17 Regulations, and, if applicable, Section 4
Regulations. The application shall be submitted on forms provided by the
Regulatory Authority, with supplements as deemed necessary.
f) Requirement of a Permit. No person shall open, develop or
operate a surface coal mining operation without a permit issued by the
Authority, or without a permit expressly deemed to exist under these
Regulations, nor shall any person open, develop or operate a surface coal
mining operation except in compliance with such permit and determinations of
the Authority.
1) All existing surface mines must possess a Section 4 permit
which incorporates Section 17 conditions.
2) All existing underground coal mines must possess a Section 17
permit.
3) All new surface mines which are subject to Section 4 must
possess a combined permit.
4) All new underground coal mines must possess a Section 17
permit.
5) All other new surface coal mining operations which are not
subject to Section 4 or exempt and under Section 17 must possess a Section 17
permit.
6) All operations to recover coal from a deposit (mine waste
disposal site) that is not in its natural geological location (carbon recovery
operations), if they have not already done so, must complete and submit a
permit application form provided by the Department for a Section 17 permit.
Carbon recovery operations may continue in operation, or in preparation to
operate, after September 22, 1981, only if a completed application form was
received by that date, pending a final decision by the Department. For
operations contemplated during the interim period between September 22, 1981,
and eight months after permanent program approval, if no application was filed
by September 22, 1981, no operation may commence or continue until such time as
the operator submits and the Department issues the interim permit. All new and
existing carbon recovery operations are subject to the performance standards of
30 CFR 715, as adopted by Section 280.50 of these regulations until eight
months after a state permanent program is approved, or until a permanent
program permit is issued, whichever is earlier.
g) Federal Act Prohibitions. Subject to valid existing rights as
determined in writing by the Regulatory Authority, no surface coal mining
operations except those which existed August 3, 1977, shall be permitted:
1) on any lands within the boundaries of units of the National
Park System, the National Wildlife Refuge Systems, the National System of
Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers
System, including study rivers designated under Section 5 (a) of the Wild and
Scenic Rivers Act (16 U.S.C. 127.1 et seq.) and National Recreation Areas
designated by Act of Congress:
2) on any Federal lands within the boundaries of any national
forest: Provided, however, that surface coal mining operations may be permitted
on such lands if the Secretary of Interior finds that there are no significant
recreational, timber, economic, or other values which may be incompatible with
such surface mining operations, and surface operations and impacts are incident
to an underground coal mine;
3) which will adversely affect any publicly owned park or places
included in the National Register of Historic Sites unless approved jointly by
the Regulatory Authority and the federal, state, or local agency with
jurisdiction over the park or the historic site;
4) within one hundred feet of the outside right-of-way line of
any public road, except where mine access roads or haulage roads join such
right-of-way line and except that the Regulatory Authority may permit such
roads to be relocated or the area affected to lie within one hundred feet of
such road, if after public notice and opportunity for public hearing in the
locality a written finding is made that the interests of the public and the
landowners affected thereby will be protected; or
5) within three hundred feet from any occupied dwelling, unless
waived by the owner thereof, nor within three hundred feet of any public
building, school, church, community, or institutional building, public park, or
within one hundred feet of a cemetery.
h) Time for Final Action. Final action on an application shall
occur within 120 days of receipt of a complete application by the Regulatory
Authority unless time for such action is waived by the applicant. For surface
coal mining operations subject to Section 4 requirements, the deadline for
final action may be tolled by notice pursuant to Section 4 Regulations. If no
final action occurs within the time in which final action is required, the
applicant upon written notice to the Regulatory Authority may deem the
application denied. The Regulatory Authority shall acknowledge the receipt of
a complete application in writing, noting the date of receipt.
i) Violations
1) No person shall open, develop or operate a surface coal mining
operation except in compliance with these regulations.
2) No person shall perform any act in connection with the
opening, developing or operation of a surface coal mining operation prior to
obtaining a permit, determination, approval, exemption, finding or other
authorization where such permit, determination, approval, exemption, finding or
other authorization is required by these regulations or the Federal
Regulations.
3) The fact that a person, permittee, owner or operator is , or
would be, entitled to a favorable ruling on a request for a determination,
approval, exemption, finding or other authorization shall not constitute a defense
to an enforcement proceeding brought for failure to timely request a
determination, approval, exemption, finding or other authorization.
j) Maps Required. All persons conducting surface coal mining
and reclamation operations must have on file two copies of an accurate map of
the operation or permit area at a scale of 1 inch to 400 feet or larger,
showing, as of May 3, 1978, lands in the permit area from which coal had not
yet been removed and the lands disturbed and structures used to facilitate mining
as of that date. One copy of the map must be on file with the Authority, and
one copy must be on file with the Regional Director, Office of Surface Mining,
Region 3, P.O. Box 44294, Indianapolis, Indiana 46204.
k) It shall be the policy of the Regulatory Authority to honor
any court decision of competent jurisdiction that is binding upon and directed
to the Office of Surface Mining, respecting the interpretation or enforcement
of 30 CFR, and the initial environmental protection regulations of the Secretary
of the Interior. Persons believing that such court decisions require the
alteration or deletion of any of these Regulations, or affect interpretation
thereof, are encouraged to state their conclusions in writing to the Authority,
together with citation of the appropriate court order.
(Source: Amended at 6 Ill. Reg. 1, effective January 14, 1982)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.30 EXISTING SURFACE MINES
Section 280.30 Existing
Surface Mines
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.
b) Actions Required of Existing Surface Mines. In addition to
other requirements which are applicable by their terms, all permittees of
existing surface mines shall request the following determinations pursuant to
the Federal Regulations, and obtain approval from the Authority before
commencing or performing any of the acts indicated in the respective sections
of the Federal Regulations referenced below.
1) Structures or Facilities. All structures or facilities used
in connection with, or to facilitate mining must comply with the performance
standards contained in the regulations unless otherwise exempted by the
Authority. Exemptions granted on a case by case basis pursuant to written request
where it is shown that granting the exemption will have no adverse impact on
health, safety or the environment.
2) Signs and Markers, 30 CFR 715.12(c). Permittees shall obtain
approval for means of perimeter marking other than clear, durable and easily
recognized markers prior to use.
3) Alternative Post-Mining Land Use, 30 CFR 715.13(d). All
reclamation plans approved prior to May 3, 1978, remain in full force and
effect and are deemed to have been issued in compliance with 30 CFR 715.13(d).
Owners and operators shall obtain approval of changes in previously approved
post-mining land use. If a reclamation plan revision is proposed, an
application for amendment pursuant to Illinois law must be made and county
review afforded in conjunction with determination under 30 CFR 715.13(d).
4) Final Graded Slope Measurements, 30 CFR 715.14(a). Permittees
shall obtain approval of pre-mining slope measurements prior to mining, of
final graded slope measurement prior to final slope completion, and of final
grade.
5) Final Graded Slope Variations and Terracing, 30 CFR 715.14(b).
Permittees shall obtain approval prior to regrading or terracing.
6) Small Depressions, 30 CFR 715.14(d). Approval of the use of
small depressions shall be obtained by the permittee prior to use.
7) Thin Overburden, 30 CFR 715.14(f) and (g). If thin overburden
exists, permittees shall obtain approval for transport, backfill and grade
plans prior to first transport.
8) Stabilizing Rills and Gullies, 30 CFR 715.14(i). If
significant additional erosion and sedimentation occurs or threatens to occur,
or if the approved post-mining land use will be adversly disrupted, permittees
shall obtain advance approval of rill and gully correction measures to be used.
9) Use of Waste Material and Backfilling, 30 CFR 715.14(j). If
waste materials are causing or threatening to cause the formation of acids,
toxic materials, combustible materials or upward migration of salts, permittees
shall request an immediate determination of the adequacy of cover from the
Regulatory Authority. Permittees shall request approval of stabilization
techniques and use of waste materials as fill in advance, if not already
specified in Section 4 permits.
10) Disposal of Surplus Spoil, 30 CFR 715.15. Permittees shall
obtain approval prior to disposal of surplus spoil.
11) Topsoil Handling and Supplemental Material. Topsoil shall be
handled in a manner consistent with the topsoil handling requirements of 30 CFR
715.16 on all lands mined after May 3, 1978. Requests under 30 CFR
715.16(a)(4) for use of selected overburden material shall be approved prior to
use.
12) Topsoil Storage, 30 CFR 715.16(c). No topsoil shall be
stockpiled without prior approval of the Regulatory Authority. Requests to move
stockpiled topsoil prior to redistribution shall be obtained in advance.
13) Exemption from Use of Sedimentation Ponds. All permittees must
comply with 30 CFR 715.17(a), unless an exemption for the use of sediment ponds
is requested and obtained from the Regulatory Authority.
14) Approval of Surface Water Monitoring Program, 30 CFR
715.15(b)(1). All permittees must have a surface water monitoring program
approved and on file with the Authority.
15) Stream Channel Diversions, 30 CFR 715.17(d). All permittees
must submit a permit amendment application at least 120 days prior to desired
use, if not already approved in a Section 4 permit.
16) Mining Through a Perennial or Intermittent Stream, 30 CFR
715.17(d)(3). Permittees shall obtain approval prior to such mining.
17) Sedimentation Pond Storage Volume and Control Technology, 30
CFR 715.17(e) and 715.17(e)(2). Permittees shall obtain approval prior to use
of alternative storage volume and control technology. If a permit amendment is
required, submittal of an application at least 120 days before desired approval
is required.
18) Acid and Toxic Materials, 30 CFR 715.17(g) and 715.14(j).
Permittees shall identify to the Regulatory Authority materials that will be
toxic to vegetation or that will adversely affect water quality if not treated
or buried, if treatment or burial not in conformity with 30 CFR 715.14(j) is
desired.
19) Monitoring Groundwater, 30 CFR 715.17(h)(3). All permittees
must have a groundwater monitoring program approved and on file with the
Authority.
20) Permanent Water Impoundments, 30 CFR 715.17(k). Permittees
must submit a permit amendment application at least 120 days prior to desired
approval unless permanent water impoundments are already approved in an
existing permit.
21) Temporary Fords Across Dry Streams, 30 CFR 715.17(1)(2).
Permittees must obtain approval prior to construction of temporary fords.
22) Permission to Leave Dams or Avoid Regrading, Revegetation and
Stabilization, 30 CFR 715.17(b)(8). Unless already approved by permit,
permittees must submit a permit amendment application.
23) Use of Explosives. All employees supervising blasting
operations shall possess a Certificate of Competency issued by the Regulatory
Authority. Those working with transportation, storage and use shall be trained
prior to performing any duties.
24) Blasting Schedules.
A) If blasting is planned, a permittee shall submit a Blasting
Plan at least 45 days prior to blasting, and shall follow all notice and
publication requirements of 30 CFR 715.19. Schedules shall be deemed approved
unless objections are noted to the operator by the Regulatory Authority, or by
any owner or occupant of a manmade dwelling within one-half mile of the
blasting area or site. Such objections should be in writing, should contain
the name, address and telephone number of the objector, the reason for the
objection, and if the objector desires, a suggested alternative schedule more
convenient to the objector. After receipt of an objection to a blasting
schedule the Authority shall approve the schedule or make such appropriate
adjustments necessary for the protection of life and property.
B) All publications and notice to the public under Section 715.19
shall include the following language:
"Any person who objects to this schedule is requested to
notify the........(name of operator)........and the Land Reclamation Division,
Illinois Department of Natural Resources, Office of Mines and Minerals, 524
South Second Street, Springfield, Illinois 62701".
25) Preblasting Survey. On written request to the Regulatory
Authority by a resident or owner of a manmade dwelling or structure that is
located within one-half mile of any part of the permit area, the permittee
shall conduct a preblasting survey pursuant to 30 CFR 715.19(b).
26) Blasting Procedures will be followed as per 30 CFR
715.19(e)(l)(i) through (vi).
A) Blasting distances which are less than distances set out in
Section 715.19(e)(l)(vii) shall be allowed only after inspection by the
Regulatory Authority and a showing by the permittee that the blasting standards
of 30 CFR 715.19(e)(2)(i) through (vi) shall be met.
B) Records of blasting opertions will be retained for three years
and shall contain information as outlined in 30 CFR 715.19(e)(4).
C) The Authority may reduce maximum peak particle velocity
pursuant to 30 CFR 715.19(e)(2)(ii) or prescribe such other conditions as are
in its judgment necessary to prevent:
i) injury to persons,
ii) damage to public and private property outside the permit
area,
iii) adverse impacts on any underground mine, and
iv) change in the course, channel, or availability of ground or
surface water outside the permit area.
27) Revegetation. Permittees shall comply with 30 CFR 715.20.
28) Methods of Revegetation. All existing permittees shall be
deemed to have submitted and received approval of a revegetation plan,
including species selected and planting plans, Pursuant to 30 CFR 715.20(e), as
to areas covered by existing permits. The Regulatory Authority in consultation
with the landowner and the permittee shall determine when the area is ready for
livestock grazing.
29) Introduced Non-native Species, 30 CFR 715.20(b). Permittee
shall obtain approval of the Authority before introducing non-native species.
30) Reference Areas. Permittees shall submit to the Authority a
proposed designation of reference areas together with documentation showing
that the reference areas meet the requirements of 30 CFR 715.20(f). The
estimating techniques used to determine the degree of success in the
revegetated area shall be determined by the Authority. Where there is no
physically available reference area due to prior mining, permittees shall
propose a reference plan that will assure restoration in harmony with
surrounding land. The Authority shall determine the appropriateness of such
reference plans.
31) Prime Farmland Determinations. Existing surface mines, or
portions thereof, which were not under permit before August 3, 1977, are
subject to requirements concerning prime farmland determinations for lands not
under permit before August 3, 1977. Reference is hereby made to Section 280.70
of these Regulations.
c) Permit Fees and Bonds
1) Additional permit fees and bonds shall be deposited pursuant
to notice from the Authority, as and when required pursuant to Section 5(a) of
the Act.
2) All permittees shall file with the Authority an amendment or
revision to the bond filed in connection with a Section 4 permit, executed in
accordance with the Act which states that, in addition to any prior
requirements, the bond shall be conditioned upon faithful compliance with the
Federal Act, the Federal Surface Regulations, the Illinois Act and these
Regulations. Said amendments must be filed no later than February 28, 1979.
3) All permittees shall file with the Authority an amendment or
revision to the bond filed in connection with a Section 4 permit, executed in
accordance with the Act which includes in its coverage all surface structures
or facilities now required to be permitted under the initial program. Said
amendment or revision must be filed with the Authority no later than February
28, 1979.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.40 EXISTING UNDERGROUND COAL MINES
Section 280.40 Existing
Underground Coal Mines
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.
b) Actions Required of Existing Underground Coal Mines. In
addition to other requirements which are applicable by their terms, all
permittees of existing underground coal mines shall request the following
determinations pursuant to the Federal Regulations, and obtain approval from
the Authority before commencing or performing any of the acts indicated in the
respective sections of the Federal Regulations referenced below.
1) Signs and Markers. All existing underground coal mines shall
have signs and markers in place in accordance with 30 CFR 717.12.
2) Regrading of Roads and Support Facilities, 30 CFR 717.14(a).
Upon completion of underground mining, all permittees shall comply with the
backfilling and grading requirements of 30 CFR 717.14(a). Permittees shall
obtain final approval of grading from the Authority consistent with approved
reclamation practice and 30 CFR 717.14(a)(1) and(2).
3) Terracing. Permittees shall obtain written approval of the
Regulatory Authority for terracing as an appropriate substitution for
construction of lower grades on reclaimed lands, pursuant to the standards of
30 CFR 717.14(b).
4) Regrading or Stabilizing Rills and Gullies is required
whenever significant erosion or sedimentation is threatened pursuant to 30 CFR
717.14(d). Whenever such a threat exists permittees shall immediately request
a determination from the Authority of the steps to be taken.
5) Protection of the Hydrologic System shall be accomplished
pursuant to a plan consistent with 30 CFR 717.17. All existing underground
coal mines shall have a plan approved and on file with the Authority.
6) Water Quality Standards and Effluent Limitations of 30 CFR
717.17(a) shall be met in accordance with the Clean Water Act (33 U.S.C. 1251)
or its amendments. The Regulatory Authority may grant exemptions on written
request pursuant to Section 717.17(a), but such exemptions shall not exempt a
permittee from applicable standards or limitations under the Clean Water Act(33
U.S.C. 1251) or its amendments, the Environmental Protection Act, or the Rules
of the Illinois Pollution Control Board.
7) Surface Water Monitoring Programs, 30 CFR 717.17(b). All
existing underground coal mines shall have a surface water monitoring program
approved and on file with the Authority.
8) Diversions of Overland Flows shall be consistent with good
reclamation practice and shall meet the requirements of 30 CFR 717.17(c). No
diversion structures shall be left in place after mining without written
approval of the Authority, as well as other state and federal agencies having
jurisdiction over such structures.
9) Stream Channel Diversions shall be approved by the Regulatory
Authority pursuant to standards set forth in 30 CFR 717.17(d). Such approval
shall not exempt the permittee from other applicable requirements of state or
federal law regarding stream diversion.
10) Sediment Control Measures (Reserved)
11) Acid and Toxic Materials shall be handled and disposed of so
as to avoid drainage into ground and surface waters, consistent with 30 CFR
717.17(g). Permittees shall obtain approval by the Regulatory Authority of
methods consistent with 30 CFR 717.17(g) in advance.
12) Ground Water Monitoring, 30 CFR 717.17(b). All existing
underground coal mines shall have a ground water monitoring plan approved and
on file with the Authority.
13) Hydrological Impact of Roads. Roads constructed since May 3,
1978, shall be subject to 30 CFR 717.17(j). Permittees shall request a
determination of the Authority in advance of construction or modification of
roads when varying from the standards of 717.17(j).
14) Standards for Dams. 30 CFR 717.18 shall apply only to dams
constructed after May 3, 1978. Plans for such dams shall be submitted in
advance and approval obtained prior to construction. The submittal shall be
made immediately in the case of dams upon which construction began after May 3,
1978. All approvals by the Authority required by 30 CFR 717.18 shall be
obtained in advance of construction, modification, or removal.
c) Bond Requirements. All owners or operators of existing
underground coal mines shall have on file with the Authority a bond which meets
all the requirements of Section 5(a) and 8 of the Act, 62 Ill. Adm. Code
300.40,(a),(b) and(c). Bond release shall be in accordance with 62 Ill. Adm.
Code 300.180(a) and (b). The conditions of the bond filed with the Authority
shall be that the owner or operator comply with Federal Underground Mine
Regulations, 30 CFR 717, that reclamation shall be completed in accordance with
the plan, and that all operations shall be placed and maintained in compliance
with 30 CFR 717(except Section 717.17(e)), and with Section 8 of the Act.
d) Other Provisions. As provided by Section 17 of the Act,
Sections 2, 3, 5(a), 8, 9, 10, 11, 13 and 13(a), 15 and 16 of the Act are
applicable to existing underground coal mines, which shall be deemed surface
mining operations in the context of the cited Sections for purposes of this
paragraph. Permit fees and bond as required under Section 5(a) of the Act
shall be deposited pursuant to notice from the Authority.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.50 NEW SURFACE MINES
Section 280.50 New Surface
Mines
The regulations and requirements
of this Part shall apply to surface coal mining operations except underground
coal mines which did not have a Section 4 permit prior to 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 establish that all Federal
Surface Regulations will be met by the applicant.
b) Mines Possessing Section 4 Permits Before August 11, 1978. Mines
possessing permits pursuant to Section 4 issued by the Department of Natural
Resources, Office of Mines and Minerals prior to the effective date of Section
17 of the Illinois Act, shall be entitled to continue in operation, subject to
compliance with the Federal Surface Regulations provided an application is
currently on file with the Authority. (Such mines shall request determinations
required of existing surface mines in Part 3 hereof.) If a permittee does not
have a complete application on file with the Authority, or the Authority denies
an application, operations of mines to which this paragraph applies shall cease
forthwith, reasonable security measures for the protection of property and
safety excepted, and shall not commence again until such application is filed
or approved by the Regulatory Authority.
c) No person shall open or operate a surface coal mining
operation which is not subject to Section 4, or exempt under Section 17,
without a Section 17 permit.
d) No person shall open or operate a surface coal mining
operation for which a Section 4 permit would have been required but was not
issued before August 11, 1978, without a combined permit.
e) Processing an Application
1) Applications will be received by the Authority and reviewed for
completeness. Such review shall be as to form only, for purposes of initiating
review, and shall not preclude later requests for more complete or additional
information from the applicant. The authority will notify the applicant as to
whether the application is complete.
2) When an application is found to be complete, the Authority
shall forward copies for Interagency Committee review, and shall see to it that
copies are filed by the permit applicant with the appropriate County Board. The
Interagency Committee shall review each application in accordance with its
designated responsibilities and expertise. Comments shall be returned to the
Authority within 45 days of receipt of the complete application by the
Authority, and copies thereof will be sent to the applicant and filed with the
County Clerk of the appropriate County.
3) Prime farmland review shall be conducted in accordance with
Section 280.70 hereof.
4) The Authority shall consider all written comments received,
including comments of a County Board. The Authority may discuss comments with
the applicant, Interagency Committee Members or other technically trained
experts and may require additional information to be provided. If review and
comment reveals that inadequate information has been received from an
applicant, the applicant will be asked to supply additional information.
Failure to supply satisfactory information in support of an application is
grounds for permit denial.
f) Permit Grant. Permits shall be granted by the Authority provided:
1) that Prime Farmland Review is completed pursuant to Section
280.70 hereof.
2) that the application shows compliance with all Federal
Regulations; and
3) that all provisions and conditions deemed necessary or
appropriate by the Authority to assure compliance with the Act and all
regulations are agreed to by the applicant.
g) Permit Denial. Permit denial shall occur whenever the
Authority determines:
1) that Prime Farmland requirements under Section 280.70 hereof
will not be met; or
2) when, based upon the application and comments in the record,
it is the judgment of the Authority that 62 Ill. Adm. Code 300 on Federal
Regulations will not be met.
h) Determinations. After a permit is issued, determinations
shall be requested in accordance with Section 280.30 hereof.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.60 NEW UNDERGROUND COAL MINES
Section 280.60 New
Underground Coal Mines
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.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.70 PRIME FARMLAND DETERMINATIONS AND FINDINGS
Section 280.70 Prime
Farmland Determinations and Findings
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.
2) Persons claiming an exemption under this Paragraph (b) shall
have the burden of establishing such exemption. Reliance upon an exemption
hereunder shall not excuse a failure to comply with this Section, unless the
area and time involved in the exemption relied on are approved in writing by
the Authority, by OSM, or by court order in a case in which the Authority or
OSM are parties. Nothing in this Section shall excuse compliance with the more
stringent parts of 62 Ill. Adm. Code 300.110(d) or other applicable provisions
of the Illinois Act. The subsequent granting of an exemption shall not
constitute a defense to an enforcement proceeding brought for prior failure to
meet the prime farmland requirements.
c) Prime Farmlands. Prime farmlands are those lands defined in
30 CFR 716.7(b), that have been used for the production of cultivated crops,
including nurseries, orchards, and other specialty crops, and small grains, for
at least five years out of the twenty years preceding the date of determination
or, in the case of applications for new mining permits, the date of
application. The date of determination shall, in the case of existing mines,
be August 3, 1977.
d) Identification of Prime Farmland. Existing operations not
exempt under this Paragraph (d) and all applicants for mining permits after
August 2, 1977, not exempt pursuant to Paragraph (b), must have on file with
the Authority soil surveys meeting the requirements of 30 CFR 716.7(c), except
as to areas for which an application for negative determination has been made
pursuant to 30 CFR 716.7(d). All applicants hereunder shall submit soil surveys
required by 30 CFR 716.7(c) or apply for negative determination at the time of
application.
e) Negative Determination. The Authority shall make a negative
determination upon submittal of a demonstration that any of the situations
listed in 30 CFR 716.7(d) exists.
f) Plan for Restoration. All operations in areas not exempt
under Paragraph (b) must submit a plan for mining and reclamation of prime
farmland within the area under permit, or under a proposed permit, as the case
may be. The plan shall include the information required under 30 CFR 716.7(e),
and may include any additional information that the submitter believes will be
relevant and helpful to the making of a determination by the Authority under 30
CFR 716.7(f)(l)(i). Prior to making its determination, the Authority will
consult with the Soil Conservation Service, pursuant 30 CFR 716.7(f)(2). In
the case of applications covering areas of surface mines as to which no public
hearing has been held under Section 5(f) of the Illinois Act, the Authority
shall consult with and receive comments from the Interagency Review Committee
and local County Board under Section 17(f)(3) of the Illinois Act. All
non-exempt existing mines must have the plan required under this subparagraph
currently on file with the Authority at the time of application for all other
mines. Prime farmland determinations shall have priority over other
determination requests except emergency situations. The Regulatory Authority
will make a finding within 45 days of receipt of a prime farmland determination
request unless for good cause the Authority finds that it must extend the time
for its finding.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.80 ENFORCEMENT PROCEDURES
Section 280.80 Enforcement
Procedures
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.
b) Imminent Dangers and Harms
1) If the Director receives information of conditions or
practices, or of violations of applicable performance standards, including
Federal and State Regulations, or of violations of conditions contained in any
permit which create an imminent danger to the health or safety of the public,
the Director may immediately order suspension of a permit of a surface coal
mining operation or that portion of the operation relevant to the condition,
practice, or violation.
2) If the Director receives information of conditions or
practices, or of violations of applicable performance standards, including
Federal and State Regulations, or of violations of conditions contained in any
permit, which are causing or can be reasonably expected to cause significant,
imminent environmental harm to land, air, or water resources, the Director may
immediately order suspension of a permit of a surface coal mining operation or
that portion of the operation relevant to the condition, practice or violation.
3) The Regulatory Authority may impose affirmative obligations on
the operator which the Authority deems necessary to abate the condition, practice,
or violations if;
A) a permit suspension order is issued under paragraph (a) or (b)
of this section; and
B) the permit suspension and resulting cessation of mining or
reclamation activities will not completely abate the imminent danger or harm,
or eliminate the practices or conditions that contributed to the imminent
danger or harm.
4) When imposing affirmative obligations under this Part, the
Regulatory Authority shall require abatement of the imminent danger or harm in
the most expeditious manner physically possible. The affirmative obligation
shall include a time by which abatement shall be accomplished and may include,
among other things, the use of existing or additional personnel and equipment.
5) Reclamation operations not directly the subject of the order
of suspension or affirmative obligation may continue during any permit
suspension order.
6) The Regulatory Authority shall terminate its permit suspension
order issued under paragraph (a) or paragraph (b) of this section by written
notice when the Regulatory Authority determines that the conditions or
practices or violations that contributed to the imminent danger to life, or the
environment have been eliminated.
c) Non-Imminent Danger or Harm
1) If the Regulatory Authority finds conditions or practices, or
violations of applicable performance standards, including Federal and State
Regulations or violations of conditions included in any permit which do not
create an imminent danger to life or the environment the Regulatory Authority
may issue a notice of violation fixing a reasonable time for abatement.
2) The Regulatory Authority may extend the time to abate a
violation by written notice if the failure to abate within the time set was not
caused by the permittee's lack of diligence.
3) The Regulatory Authority may establish interim steps in an
abatement period. If the permittee fails to meet any interim step within the
time set, the Regulatory Authority may extend the time set for meeting the
interim step, by written notice or may issue a permit suspension order pursuant
to (d) of this Section.
4) The total time for abatement as originally fixed and
subsequently extended shall not exceed ninety days.
d) Failure to Abate. The Director may suspend, modify, or revoke
the permit if a coal mining operation, or the portion relevant to the
violation, when a notice of violation has been issued under (c) of this Section
and the permittee fails to abate the violation within the time originally fixed
or subsequently extended. In a suspension, modification, or revocation order
issued under this Section, the Regulatory Authority shall impose affirmative
obligations to abate the violations in the manner provided in (b) of the
Section. Reclamation operations not directly subject to the affirmative
obligations imposed may be allowed to continue during a suspension,
modification, or revocation order. Any order issued under this Section may be
terminated when the Regulatory Authority determines that the conditions or
practices, or violations have been abated.
e) Service of Notice. Notices and orders issued under this Part
shall be given to the permittee or his designated agent. If no designated
agent is found at the mine site, service will be made on the person who, based
on reasonable inquiry by the Regulatory Authority, appears to be in charge of
the surface coal mining operation. The person receiving service shall be
responsible for any immediate compliance actions required by the notice or
order. If no person is present or available to receive service, service may be
made by posting a copy of the notice of violation at the mine. Service is
complete on posting at the mine; however, a copy of each notice or order shall
be mailed to the permittee at the address listed on the records of the
Regulatory Authority.
f) Hearings – Permit Suspension, Modification, or Revocation
1) Within 10 days after the permittees has received any permit
suspension, modification, or revocation order under this Part the Regulatory
Authority may conduct a hearing at the mine site or within such reasonable
proximity to the mine that it may be visited during the hearing. No hearing
will be required if the condition, practice, or violation in question has been
abated or if the permittee waives the hearing.
2) All hearings held in connection with a permit suspension,
modification, or revocation order shall be conducted in accordance with Article
10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127,
par. 1010-5 et seq.) provided that Section 10-45 shall not apply to those hearings
where the Director is present at the hearing.
3) Notices of the time, place and subject matter of the hearing
shall be given to the permittee, any citizen who filed a report which led to
the order to be reviewed and the Federal Office of Surface Mining. Notice of
the hearing also shall be posted at the appropriate district or field office,
at the mine site, and to the extent possible in a newspaper in the area of the
mine.
4) Within 15 days of the close of the hearing, the Regulatory
Authority shall affirm, modify, or vacate the order. The decision shall be in
writing and shall be sent to the permittee, any citizen who filed a report
which led to issuance of the order and the Federal Office of Surface Mining.
5) The Director may appoint an employee of the Regulatory
Authority or an attorney licensed to practice law in Illinois to conduct
hearings under this Part.
g) Hearings – Notice of Violation
1) Within 30 days after the permittee has received a notice of
violation under this Part the Regulatory Authority may conduct a hearing at the
mine site or within such reasonable proximity to the mine that it may be
visited during the hearing. Unless the permittee files a request for a hearing
within 15 days after receipt of the notice of violation or within the time
fixed for abatement of the violation, whichever comes first, its right to a
hearing shall be deemed waived, and the citation shall stand as admitted.
2) All hearings held under this Section shall be conducted in the
same manner as hearings held under Section (f), except that the 15-day period
for decision contained in (f) (d) shall not apply.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 280
ILLINOIS SURFACE COAL MINING OPERATIONS
SECTION 280.90 TRANSITIONS
Section 280.90 Transitions
a) The provisions of The Surface-Mined Land Conservation and
Reclamation Act as amended (Ill. Rev. Stat. ch. 96½, 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 ½, 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.
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