Full Text of SB3107 96th General Assembly
SB3107sam001 96TH GENERAL ASSEMBLY
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Sen. Kyle McCarter
Filed: 3/11/2010
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| AMENDMENT TO SENATE BILL 3107
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| AMENDMENT NO. ______. Amend Senate Bill 3107 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Longwall Coal Mining Public Notification Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Department" means the Illinois Department of Natural | 8 |
| Resources. | 9 |
| "Owner or operator" means any person who owns, leases, | 10 |
| controls, or supervises a coal mine in which longwall coal | 11 |
| mining is proposed. | 12 |
| "Longwall coal mining" means mining (1) done under | 13 |
| hydraulic roof supports or shields that are advanced as the | 14 |
| seam is cut, (2) in which a cutting head moves back and forth | 15 |
| across a panel of coal, (3) where the cut coal falls onto a | 16 |
| flexible conveyor for removal, and (4) in which the roof in the |
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| mined out areas falls as the supports or shields advance. | 2 |
| Section 10. Filing notice of intent to conduct longwall | 3 |
| coal mining. | 4 |
| (a) An owner or operator shall file a notice of intent to | 5 |
| commence longwall coal mining with the Department prior to | 6 |
| commencing longwall coal mining. The owner or operator shall | 7 |
| file the notice of intent with the Department at least 60 | 8 |
| calendar days prior to the anticipated date of commencing with | 9 |
| longwall coal mining. The notice of intent filed with the | 10 |
| Department shall remain valid for one year. | 11 |
| (b) The notice of intent shall include the following: | 12 |
| (1) the name and address of the owner or operator of | 13 |
| the coal mine; | 14 |
| (2) a legal description of the territory where the | 15 |
| owner or operator is proposing to conduct longwall coal | 16 |
| mining; | 17 |
| (3) the estimated length of time the longwall coal | 18 |
| mining will last; and | 19 |
| (4) the anticipated date of the commencement of | 20 |
| longwall coal mining. | 21 |
| (c) The Department shall, within 15 calendar days after | 22 |
| receipt of a notice of intent, notify the owner or operator as | 23 |
| to whether his or her notice of intent is complete or requires | 24 |
| additional information or clarification. | 25 |
| (d) If a notice of intent is not filed with the Department |
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| that complies with subsection (b) of this Section, as | 2 |
| determined by the Department, prior to the commencing of | 3 |
| longwall coal mining, then the Department shall hold an | 4 |
| administrative hearing, as set out by rule. Upon determination | 5 |
| of a failure to file a notice of intent, the Department shall | 6 |
| impose a civil administrative penalty in an amount no more than | 7 |
| $1,000 and shall enter an administrative order directing the | 8 |
| owner or operator to file a notice of intent within 10 business | 9 |
| days after receiving the order from the Department. | 10 |
| If a notice of intent is not filed with the Department | 11 |
| within 10 business days after the owner or operator receives | 12 |
| the administrative order from the Department, then the | 13 |
| Department shall impose a civil administrative penalty in an | 14 |
| amount no less than $1,000 and no more than $2,500 and shall | 15 |
| enter an administrative order prohibiting the operation of the | 16 |
| longwall coal mine until there is full compliance with this | 17 |
| Act. Penalties under this subsection (d) not paid within 60 | 18 |
| days of notice from the Department shall be submitted to the | 19 |
| Attorney General's office or an approved private collection | 20 |
| agency. | 21 |
| Section 15. Public informational meeting; longwall coal | 22 |
| mining. | 23 |
| (a) Within 14 days after receiving a notice of intent to | 24 |
| commence longwall coal mining, the Department shall send a copy | 25 |
| of the notice to the county board of the county in which the |
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| longwall coal mining is proposed and shall publish a public | 2 |
| notice in a newspaper of general circulation within the county. | 3 |
| Within 30 days after receiving a copy of the notice from the | 4 |
| Department, the county board may request that the Department | 5 |
| conduct a public informational meeting concerning the proposed | 6 |
| longwall coal mining that is subject to this Act. During this | 7 |
| 30 day period, county residents may petition the county board | 8 |
| of the county where the proposed long wall coal mining will | 9 |
| occur to request that the Department conduct a public | 10 |
| informational meeting. If the county board is petitioned by 75 | 11 |
| or more of the county's residents who are registered voters, | 12 |
| then the county board shall request that the Department conduct | 13 |
| a public informational meeting. | 14 |
| If the county board requests that the Department conduct | 15 |
| the public informational meeting, then the Department shall | 16 |
| conduct the public informational meeting within 30 days after | 17 |
| receiving the county board's request. If the Department | 18 |
| conducts a public informational meeting, then it shall cause | 19 |
| notice of the public informational meeting to be published in a | 20 |
| newspaper of general circulation in the county and in the State | 21 |
| newspaper and shall send a copy of the notice to the county | 22 |
| board. Upon receipt of the notice of a public informational | 23 |
| meeting, the county board shall post the notice on the public | 24 |
| informational board at the county courthouse at least 10 days | 25 |
| before the meeting. | 26 |
| The owner or operator who submitted the notice of intent to |
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| commence longwall coal mining to the Department shall appear at | 2 |
| the public informational meeting and answer questions offered | 3 |
| by members of the public concerning any subject or issue listed | 4 |
| under subsection (b) of this Section. At the public | 5 |
| informational meeting, the Department shall afford members of | 6 |
| the public an opportunity to ask both the Department and the | 7 |
| owner or operator questions and present oral or written | 8 |
| comments concerning the proposed longwall coal mining. | 9 |
| (b) At the public informational meeting, the Department | 10 |
| shall receive evidence, by testimony or otherwise, on the | 11 |
| following subjects or issues: | 12 |
| (1) Whether the slope of the territory located above | 13 |
| the proposed longwall coal mining is less than 5 degrees | 14 |
| and whether the proposed longwall coal mining may result in | 15 |
| substantial harm to the territory. | 16 |
| (2) Compensation for any subsidence resulting from the | 17 |
| longwall coal mining. | 18 |
| (3) Planned placement of roads to be constructed by the | 19 |
| owner or operator. | 20 |
| (4) Identified points of entry upon the surface for | 21 |
| mining operations. | 22 |
| (5) Planned construction and placement of pits used for | 23 |
| mining operations. | 24 |
| (6) Planned restoration of fences to be cut in order to | 25 |
| make entry upon the surface for mining operations. | 26 |
| (7) Any potential use of waters on the surface of the |
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| lands. | 2 |
| (8) Planned removal of trees. | 3 |
| (9) Planned surface water drainage changes caused by | 4 |
| mining operations. | 5 |
| (10) Mitigation efforts to return the land to its | 6 |
| original productive state. | 7 |
| (c) The county board may submit at, or within 30 days | 8 |
| after, the public informational meeting an advisory, | 9 |
| non-binding recommendation to the Department on the proposed | 10 |
| longwall coal mining. The advisory, non-binding recommendation | 11 |
| shall contain, at a minimum, the following: | 12 |
| (1) a statement on whether the proposed longwall coal | 13 |
| mining adequately addresses the subjects or issues listed | 14 |
| under subsection (b) of this Section; and | 15 |
| (2) a statement containing the information and | 16 |
| criteria used by the county board in determining whether | 17 |
| the proposed longwall coal mining adequately addresses the | 18 |
| subjects and issues listed under subsection (b) of this | 19 |
| Section. | 20 |
| (d) If a county board requests a public informational | 21 |
| meeting pursuant to subsection (a) of this Section, then the | 22 |
| longwall coal mining proposed in the notice of intent may not | 23 |
| begin until after the following has occurred: | 24 |
| (1) the public informational meeting has been held; | 25 |
| (2) the Department has reviewed the county board's | 26 |
| recommendation, if submitted by the county board in |
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| compliance with subsection (c) of this Section; and | 2 |
| (3) the owner or operator has been notified by the | 3 |
| Department that all applicable requirements under this Act | 4 |
| and the Surface Coal Mining Land Conservation and | 5 |
| Reclamation Act have been met.".
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