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TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES PART 200 THE ILLINOIS EXPLOSIVES ACT SECTION 200.804 REPORT OF CHANGED CONDITIONS; CANCELLATION OR MODIFICATION OF STORAGE CERTIFICATE
Section 200.804 Report of Changed Conditions; Cancellation or Modification of Storage Certificate
a) The holder of a storage certificate shall notify the Department of any changed condition affecting the storage certificate. Changed conditions include, but are not limited to, the relocation of a magazine, the construction of additional magazines, and the construction and/or opening of an inhabited building, highways or railways affecting the distance requirements set forth in Section 200.402.
b) Notification shall be in writing, and can also be by electronic submission at DNRExplosives.gov or by telephone at (217)782-9976, and shall be made as soon as practicably possible after discovery of the changed condition, but in any event no later than 5 business days prior to the intended relocation or addition of magazines, or the scheduled habitation or public opening of buildings, highways or railways.
c) In circumstances in which the holder had no notice of a changed condition affecting the storage certificate, the holder shall contact the Department immediately by telephone at (217)782-9976 or by email at DNRExplosives.gov upon discovery of the changed condition.
d) Upon notification, the Department will conduct an inspection and will cancel or modify the storage certificate as appropriate. Modification may include, but is not limited to, relocation, reduction of the quantity of explosive materials that may be stored, and the requirement of a barricade.
e) When the Department issues a modified storage certificate, the fee specified in Subpart D shall be assessed for each storage certificate requiring modification.
f) The certificate holder shall be allowed to relocate an approved magazine within the same geographic site without payment of additional fees, provided the new location will allow storage of the same amount of explosives indicated on the existing certificate. The Department must be notified in advance of the relocation. The relocation of a magazine in this manner does not constitute a modification.
g) Storage certificates issued under the Act are not transferable. In the event of the lease, sale or other transfer of the business or operations covered by the certificate, the new owner, tenant or successor in interest must obtain the storage certificate required by this Part before storing explosive materials. (Section 3002(d) of the Act)
(Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013) |