Public Act 099-0224
 
HB0123 EnrolledLRB099 02763 MGM 22771 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Fluorspar and Underground Limestone Mines 
Act is amended  by changing Section 1 as follows:
 



    (225 ILCS 710/1)  (from Ch. 96 1/2, par. 4201)



    Sec. 1. Application of Act; short title; definitions. 

    (a) This Act shall apply to all mines in the State of 
Illinois producing
minerals within the meaning of that term, as 
hereinafter defined.

    (b) This Act may be cited as the Fluorspar and Underground 
Limestone Mines Act.

    (c) For the purpose of this Act the singular numbers when 
in
reference to persons, acts, objects and things of whatsoever 
kind and
description shall, whenever the context will permit, 
be taken and held
to import and include the plural number and 
the plural number shall
similarly be taken and held to import 
and include the singular, and terms
that impart the masculine 
gender shall be taken to impart and include the
feminine gender 
as well.

    (d) The term "mine," when used in the Act, shall include 
prospects,
openings and open-cuts and workings, and shall 
embrace any and all parts
of the property of such "mine" and 
mining plant on the surface or
underground, that contribute 
directly or indirectly to the mining and
handling of minerals.

    Provided, that when a group of workings in proximity to one 
another
and under one management are administered as distinct 
units each working
shall be considered a separate mine.

    (e) The term "mineral" when used in this Act shall mean 
whatever is
recognized by the standard authorities as mineral, 
whether metalliferous
or non-metalliferous, but shall not be 
held to embrace or include
silica, granite, marble, salt, sand, 
gravel, clay, rock, coal, lignite,
gas, oil or any substance 
extracted in solution or in the molten state
through bore 
holes.

    (f) The term "operator" when used in this Act shall mean 
the person,
firm, or body corporate, in immediate possession of 
any mine and its
accessories as owner or lessee thereof, and as 
such responsible for the
condition and management thereof.

    (g) The term "superintendent" when used in this Act shall 
mean the
person having the immediate supervision of the mine.

    (h) The term "mine foreman" when used in this Act shall 
mean the
person who at any one time is charged with the general 
direction of the
underground work.

    (i) The term "inspector" when used in this Act shall 
signify the
official State Inspector.

    (j) The words "excavation" and "workings" when used in this 
Act
shall signify any and all parts of a mine excavated or 
being excavated,
including shafts, raises, tunnels, adits, 
open-cuts, and all working
places, whether abandoned or in use.

    (k) Whenever the expression "number of men" or "average 
number of
men" employed in a mine are used in this Act as 
defining or constituting
classes of mines to which this Act or 
any specific section, clauses,
provision or rule thereof, does 
or does not apply, such expressions
shall be construed to mean 
the average number of individuals employed
during the previous 
year as shown by the returns to the mine inspector
or by the 
books or pay roll of the mine, or by all of such means and
such 
average number shall be determined by dividing the total number 
of
man shifts by the number of days the mine worked during such 
period.

    (l) The term "explosive" or "explosives" as used in this 
Act shall
be held to mean and to include any chemical or any 
mechanical mixture
that contains any oxidizing and combustible 
units or other ingredients
in such proportions, quantities, or 
packing that an ignition by fire, by
friction, by concussion, 
by percussion or by detonation of any part of
the compound or 
mixture may cause such a sudden generation of highly
heated 
gases that the resultant gaseous pressures are capable of 
producing
destructive effect on contiguous objects or of 
destroying life or limb.

    (m) The term "person" when used in this Act shall be held 
to mean
and include a firm or body corporate as well as natural 
persons.

    (n) The term "underground" as used in this Act shall be 
held to mean "within
the limits of" any mine working or 
excavation and shall not exclude such
workings or excavations 
as may not be covered over by rock or earth.

    (o) The term "employees" and "men employed" shall be held 
to mean
all individuals receiving compensation from the 
operator, directly or
indirectly, for labor or services 
performed in connection with the mine
and shall include 
contractors, lessors, lessees, tributers, or any one
similarly 
employed.

(Source: P.A. 88-185.)

  
 
    Section 10. The Surface-Mined Land Conservation and 
Reclamation Act is amended  by changing Section 8 as follows:
 



    (225 ILCS 715/8)  (from Ch. 96 1/2, par. 4509)



    Sec. 8. 
Bond of operator; amount; sufficiency of surety; 
violations;
compliance. Any bond herein provided to be filed 
with the Department by the
operator shall be in such form as 
the Director prescribes, payable to the
People of the State of 
Illinois, conditioned that the operator shall
faithfully 
perform all requirements of this Act and comply with all rules

of the Department made in accordance with the provisions of 
this Act.  Such
bond shall be signed by the operator as 
principal, and by a good and
sufficient corporate surety, 
licensed to do business in Illinois, as
surety.  The penalty of 
such bond shall be an amount between $600 and $10,000
$5,000 
per acre as determined by the Director for lands to be affected 
by
surface mining, including slurry and gob disposal areas. 
Under circumstances where a written agreement between the 
operator and a third party require overburden to be removed, 
replaced, graded, and seeded in a manner that the necessary 
bond penalty exceeds $10,000 per acre, the Department shall 
require a bond amount sufficient to ensure the completion of 
the reclamation plan specified in the approved permit in the 
event of forfeiture. In no case shall the bond for the entire 
area under one permit be less than $600 per acre or $3,000, 
whichever is greater.  Areas used for
the disposal of slurry and 
gob shall continue under bond so long as they
are in active 
use. In lieu of such bonds, the operator may deposit any

combination of cash, certificates of deposits, government 
securities, or
irrevocable letters of credit
with the 
Department in an amount equal to that of the required surety

bond on conditions as prescribed in this Section.   The penalty 
of the bond or amount of other security
shall be increased or 
reduced from time to time as provided in this Act.
Such bond or 
security shall remain in effect until the affected lands have

been reclaimed, approved and released by the Department except 
that when
the Department determines that grading and covering 
with materials capable
of supporting vegetation in accordance 
with the plan has been
satisfactorily completed, the Department 
shall release the bond or security
except the amount of $100 
per acre which shall be retained by the
Department until the 
reclamation according to Section 6 of this Act has
been 
completed.  Where an anticipated water impoundment has been 
approved by
the Department in the reclamation plan, and the 
Department determines the
impoundment will be satisfactorily 
completed upon completion of the
operation, the bond covering 
such anticipated water impoundment area shall
be released.

    A bond filed as above prescribed shall not be cancelled by 
the surety
except after not less than 90 days' notice to the 
Department.

    If the license to do business in Illinois of any surety 
upon a bond
filed with the Department pursuant to this Act 
shall be suspended or
revoked, the operator, within 30 days 
after receiving notice thereof from
the Department, shall 
substitute for such surety a good and sufficient
corporate 
surety licensed to do business in Illinois.  Upon failure of the

operator to make substitution of surety as herein provided, the 
Department
shall have the right to suspend the permit of the 
operator until such
substitution has been made.

    The Department shall give written notice to the operator of 
any
violation of this Act or non-compliance with any of the 
rules and
regulations promulgated by the Department hereunder 
and if corrective
measures, approved by the Department, are not 
commenced within 45 days, the
Department may proceed as 
provided in Section 11 of this Act to request
forfeiture of the 
bond or security.  The forfeiture shall be the amount of
bond or 
security in effect at the time of default for each acre or 
portion
thereof with respect to which the operator has 
defaulted.  Such forfeiture
shall fully satisfy all obligations 
of the operator to reclaim the affected
land under the 
provisions of this Act.

    The Department shall have the power to reclaim, in keeping 
with the
provisions of this Act, any affected land with respect 
to which a bond has
been forfeited.

    Whenever an operator shall have completed all requirements 
under the
provisions of this Act as to any affected land, he 
shall notify the
Department thereof.  If the Department 
determines that the operator has
completed reclamation 
requirements and refuse disposal requirements and has
achieved 
results appropriate to the use for which the area was 
reclaimed,
the Department shall release the operator from 
further obligations
regarding such affected land and the 
penalty of the bond shall be reduced
proportionately.

    Bonding aggregate mining operations under permit by the 
State is an
exclusive power and function of the State. A home 
rule unit may not require
bonding of aggregate mining 
operations under permit by the State. This
provision is a 
denial and limitation of home rule powers and functions under

subsection (h) of Section 6 of Article VII of the Illinois 
Constitution of
1970.

(Source: P.A. 91-938, eff. 1-11-01.)