Full Text of HB5290 94th General Assembly
HB5290 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5290
Introduced 1/25/2006, by Rep. Kevin A. McCarthy SYNOPSIS AS INTRODUCED: |
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225 ILCS 720/1.03 |
from Ch. 96 1/2, par. 7901.03 |
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Amends the Surface Coal Mining Land Conservation and Reclamation Act. Makes a technical change in a Section concerning definitions.
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A BILL FOR
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HB5290 |
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LRB094 17144 RAS 52432 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Surface Coal Mining Land Conservation and | 5 |
| Reclamation Act is amended by changing Section 1.03 as follows:
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| (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
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| Sec. 1.03. Definitions.
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| (a) Whenever used or referred to in this
this Act, unless a | 9 |
| different meaning
clearly appears from the context:
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| (1) "Affected land" means:
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| (A) in the context of surface mining operations, | 12 |
| the areas described in
Section 1.03(a)(24)(B), and
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| (B) in the context of underground mining | 14 |
| operations, surface areas on
which such operations | 15 |
| occur or where such activities disturb the natural land
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| surface.
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| (2) "Approximate original contour" means that surface | 18 |
| configuration
achieved
by backfilling and grading of the | 19 |
| mined area so that the reclaimed area,
including any | 20 |
| terracing or access roads, closely resembles the general | 21 |
| surface
configuration of the land prior to mining and | 22 |
| blends into and compliments
the drainage pattern of the | 23 |
| surrounding terrain, with all highwalls and
spoil piles | 24 |
| eliminated.
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| (3) "Article" means an Article of this Act.
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| (4) "Department" means the Department of Natural | 27 |
| Resources, or such
department, bureau, or commission as may | 28 |
| lawfully succeed
to the powers and duties of such | 29 |
| Department.
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| (5) "Director" means the Director of the Department or | 31 |
| such officer,
bureau or commission as may lawfully succeed | 32 |
| to the powers and duties of such
Director.
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HB5290 |
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LRB094 17144 RAS 52432 b |
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| (6) "Federal Act" means the Federal Surface Mining | 2 |
| Control and Reclamation
Act of 1977 (Public Law 95-87).
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| (7) "Imminent danger to the health and safety of the | 4 |
| public" means the
existence of any condition or practice, | 5 |
| or any violation of a permit or
other requirement of this | 6 |
| Act in a mining and reclamation operation, which
condition, | 7 |
| practice, or violation could reasonably be expected to | 8 |
| cause
substantial physical harm to persons outside the | 9 |
| permit area before such
condition, practice, or violation | 10 |
| can be abated. A reasonable expectation
of death or serious | 11 |
| injury before abatement exists if a rational person,
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| subjected to the same conditions or practices giving rise | 13 |
| to the peril,
would not expose himself to the danger during | 14 |
| the time necessary for abatement.
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| (8) (Blank).
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| (9) "Interagency Committee" means the Interagency | 17 |
| Committee on Surface
Mining Control and Reclamation | 18 |
| created by Section 1.05.
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| (9-a) "Lands eligible for remining" means those lands | 20 |
| that would
otherwise be eligible for expenditures under the | 21 |
| Abandoned Mined Lands and
Water Reclamation Act.
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| (10) "Mining and reclamation operations" means mining | 23 |
| operations and all
activities necessary and incident to the | 24 |
| reclamation of such operations.
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| (11) "Mining operations" means both surface mining | 26 |
| operations and
underground mining operations.
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| (12) "Operator" means any person engaged in coal | 28 |
| mining, and includes
political subdivisions, units of | 29 |
| local government and instrumentalities
of the State of | 30 |
| Illinois, and public utilities.
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| (13) "Permit" means a permit or a revised permit to | 32 |
| conduct mining
operations and reclamation issued by the | 33 |
| Department under this Act.
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| (14) "Permit applicant" or "applicant" means a person | 35 |
| applying for a
permit.
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| (15) "Permit application" or "application" means an |
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LRB094 17144 RAS 52432 b |
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| application for a
permit under this Act.
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| (16) "Permit area" means the land described in the | 3 |
| permit.
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| (17) "Permittee" means a person holding a permit.
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| (18) "Permit term" means the period during which the | 6 |
| permittee may engage
in mining operations under a permit.
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| (19) "Person" means an individual, partnership, | 8 |
| copartnership, firm, joint
venture, company, corporation, | 9 |
| association, joint stock company, trust, estate,
political | 10 |
| subdivision, or any other public or private legal entity, | 11 |
| or their
legal representative, agent or assigns.
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| (20) "Reclamation" means conditioning areas affected | 13 |
| by mining operations
to achieve the purposes of this Act.
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| (21) "Reclamation plan" means a plan described in | 15 |
| Section 2.03.
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| (22) "Regulations" means regulations promulgated under | 17 |
| the Federal Act.
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| (23) "Section" means a section of this Act.
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| (24) "Surface mining operations" means (A) activities | 20 |
| conducted on the
surface of lands in connection with a | 21 |
| surface coal mine or surface operations.
Such activities | 22 |
| include excavation for the purpose of obtaining coal | 23 |
| including
such common methods as contour, strip, auger, | 24 |
| mountaintop removal, box cut,
open pit, and area mining, | 25 |
| coal recovery from coal waste disposal areas,
the uses of | 26 |
| explosives and blasting, and in situ distillation or | 27 |
| retorting,
leaching or other chemical or physical | 28 |
| processing, and the cleaning,
concentrating, or other | 29 |
| processing or preparation, loading of coal at or near
the | 30 |
| mine
site; and (B) the areas on which such activities occur | 31 |
| or where such activities
disturb the natural land surface. | 32 |
| Such areas include any adjacent land
the use of which is | 33 |
| incidental to any such activities, all lands affected
by | 34 |
| the construction of new roads or the improvement or use of | 35 |
| existing roads
to gain access to the site of such | 36 |
| activities and for haulage, and excavations,
workings, |
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| impoundments, dams, refuse banks, dumps, stockpiles, | 2 |
| overburden
piles, spoil banks, culm banks, tailings, holes | 3 |
| or depressions, repair areas,
storage areas, processing | 4 |
| areas, shipping areas and other areas upon which
are sited | 5 |
| structures, facilities, or other property or materials on | 6 |
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surface, resulting from or incident to such activities.
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| (25) "Toxic conditions" and "toxic materials" mean any | 8 |
| conditions and
materials that will not support higher forms | 9 |
| of plant or animal life in
any place in connection with or | 10 |
| as a result of the completion of
mining operations.
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| (26) "Underground mining operations" means the | 12 |
| underground excavation
of coal and (A) surface operations | 13 |
| incident to the underground extraction
of coal, such as | 14 |
| construction, use, maintenance, and reclamation of roads,
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| above-ground repair areas, storage areas, processing | 16 |
| areas, shipping areas,
areas on which are sited support | 17 |
| facilities including hoist and ventilation
ducts, areas | 18 |
| used for the storage and disposal of waste, and areas on | 19 |
| which
materials incident to underground mining operations | 20 |
| are placed, and (B)
underground operations incident to | 21 |
| underground excavation of coal, such
as underground | 22 |
| construction, operation, and reclamation of shafts, adits,
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| underground support facilities, in situ processing, and | 24 |
| underground mining,
hauling, storage, or blasting.
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| (27) "Unwarranted failure to comply" means the failure | 26 |
| of a permittee
to prevent the occurrence of or to abate any | 27 |
| violation of his permit or
any requirement of this Act due | 28 |
| to indifference, lack of diligence, or lack
of reasonable | 29 |
| care.
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| (b) The Department shall by rule define other terms used in | 31 |
| this Act if
necessary
or desirable to achieve the purposes of | 32 |
| this Act.
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| (Source: P.A. 90-490, eff. 8-17-97; 91-357, eff. 7-29-99.)
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