HB5290 94TH GENERAL ASSEMBLY

LRB094 17144 RAS 52432 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5290

Introduced 1/25/2006, by Rep. Kevin A. McCarthy

SYNOPSIS AS INTRODUCED:

225 ILCS 720/1.03

from Ch. 96 1/2, par. 7901.03

Amends the Surface Coal Mining Land Conservation and Reclamation Act. Makes a technical change in a Section concerning definitions.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Surface Coal Mining Land Conservation and Reclamation Act is amended by changing Section 1.03 as follows:

(225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)

Sec. 1.03. Definitions.

(a) Whenever used or referred to in this this Act, unless a different meaning clearly appears from the context:

(1) "Affected land" means:

(A) in the context of surface mining operations, the areas described in Section 1.03(a)(24)(B), and

(B) in the context of underground mining operations, surface areas on which such operations occur or where such activities disturb the natural land surface.

(2) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and compliments the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated.

(3) "Article" means an Article of this Act.

(4) "Department" means the Department of Natural Resources, or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department.

(5) "Director" means the Director of the Department or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director.

(6) "Federal Act" means the Federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87).

(7) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this Act in a mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.

(8) (Blank).

(9) "Interagency Committee" means the Interagency Committee on Surface Mining Control and Reclamation created by Section 1.05.

(9-a) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under the Abandoned Mined Lands and Water Reclamation Act.

(10) "Mining and reclamation operations" means mining operations and all activities necessary and incident to the reclamation of such operations.

(11) "Mining operations" means both surface mining operations and underground mining operations.

(12) "Operator" means any person engaged in coal mining, and includes political subdivisions, units of local government and instrumentalities of the State of Illinois, and public utilities.

(13) "Permit" means a permit or a revised permit to conduct mining operations and reclamation issued by the Department under this Act.

(14) "Permit applicant" or "applicant" means a person applying for a permit.

(15) "Permit application" or "application" means an application for a permit under this Act.

(16) "Permit area" means the land described in the permit.

(17) "Permittee" means a person holding a permit.

(18) "Permit term" means the period during which the permittee may engage in mining operations under a permit.

(19) "Person" means an individual, partnership, copartnership, firm, joint venture, company, corporation, association, joint stock company, trust, estate, political subdivision, or any other public or private legal entity, or their legal representative, agent or assigns.

(20) "Reclamation" means conditioning areas affected by mining operations to achieve the purposes of this Act.

(21) "Reclamation plan" means a plan described in Section 2.03.

(22) "Regulations" means regulations promulgated under the Federal Act.

(23) "Section" means a section of this Act.

(24) "Surface mining operations" means (A) activities conducted on the surface of lands in connection with a surface coal mine or surface operations. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, coal recovery from coal waste disposal areas, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site; and (B) the areas on which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities.

(25) "Toxic conditions" and "toxic materials" mean any conditions and materials that will not support higher forms of plant or animal life in any place in connection with or as a result of the completion of mining operations.

(26) "Underground mining operations" means the underground excavation of coal and (A) surface operations incident to the underground extraction of coal, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas on which are sited support facilities including hoist and ventilation ducts, areas used for the storage and disposal of waste, and areas on which materials incident to underground mining operations are placed, and (B) underground operations incident to underground excavation of coal, such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, or blasting.

(27) "Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of or to abate any violation of his permit or any requirement of this Act due to indifference, lack of diligence, or lack of reasonable care.

(b) The Department shall by rule define other terms used in this Act if necessary or desirable to achieve the purposes of this Act.

(Source: P.A. 90-490, eff. 8-17-97; 91-357, eff. 7-29-99.)