Section 1761.12  Exceptions to Existing Operations

The prohibitions and limitations of Section 1761.11 do not apply to:

a)         Surface coal mining operations for which a valid permit, issued under Illinois' approved regulatory program, exists when the land comes under the protection of Section 1761.11.  This exception applies only to lands within the permit area as it exists when the land comes under the protection of Section 1761.11.

b)           With respect to operations subject to the interim program rules at 62 Ill. Adm. Code 300, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of Section 1761.11.     

(Source:  Amended at 27 Ill. Reg. 4625, effective February 26, 2003)