(225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)

Sec. 2.08.

Standards for approval of permits and revisions.

(a) On the
basis of a complete application, or a revision thereof, and after completion
of the procedures required by Section 2.04, the Department shall grant,
require modification of, or deny the application.  The applicant shall have
the burden of establishing that its application complies with all the
requirements
of this Act.

(b) No permit or revised permit shall be issued unless the application
affirmatively demonstrates, and the Department finds that (1) the application
is accurate and complete and that all the requirements of this Act have
been complied with; (2) the applicant has demonstrated that reclamation
as required by this Act can be accomplished under this reclamation plan
and that completion of the reclamation plan will in fact comply with every
applicable performance standard of this Act; (3) the assessment of the probable
cumulative impact of all anticipated mining in the area on the hydrologic
balance specified by the Department by rule has been made by the Department
and the proposed mining operation has been designed to prevent material
damage to hydrologic balance outside the permit area; and (4) the area proposed to
be mined is not included within an area designated unsuitable for surface
coal mining under Article VII and is not within an area under study for
such designation in an administrative proceeding commenced under Article
VII.  Except for operations subject to exemption by Section 510(d)(2) of
the Federal Act (PL95-87), a permit or revised permit for mining operations
on prime farmland
may be issued only if the Department also finds in writing that the operator
has the technological capability to restore such mined area, within a reasonable
time, to equivalent or higher levels of yield as non-mined prime farmland
in the surrounding area under equivalent levels of management and can meet
the soil reconstruction standards in Section 3.07.  Such findings shall
be made in accordance with standards and procedures adopted by the Department
by rule.  The Department shall make the findings required by this subsection
in writing on the basis of the information set forth in the application,
or from information otherwise available which is described in the Department's
findings and made available
to the applicant and the public.

(c) A permit or revised permit may be issued only after the Department
considers in writing any comments filed by members of the Interagency Committee
and County Boards.  When a complete application is received by the Department,
a copy of it shall be provided to each member of the Interagency Committee.  Members
of the Interagency Committee shall review and comment on protection of the
hydrologic system, water pollution control, the reclamation plan, soil handling
techniques, dams and impoundments and postmining land use.  Comments on
the application shall be in writing and shall be filed with the Department
within 45 days.  Each member's comments shall be based on factual, legal
and technical considerations
with respect to which his agency has authority, and which shall be set forth
in writing.  A  member who does not comment within 45 days shall be deemed
to have waived his right to comment under this subsection.  The Department
shall file comments received from Interagency Committee members at the same
locations at which  the permit application is available for public inspection
in accordance with Section 2.04.

(d) If information available to the Department indicates that any mining
operation owned or controlled by the applicant is currently in violation
of this Act or other laws pertaining to air or water environmental protection,
the permit shall not be issued until the applicant submits proof that such
violation has been corrected or is in the process of being corrected to
the satisfaction of the Department, or of the department or agency which
has jurisdiction over such violation.  No permit shall be issued to an applicant
after a finding by the Department, after opportunity for hearing, that the
applicant, or the operator specified in the application, controls or has
controlled mining operations with a
demonstrated pattern of wilful violations of the Federal Act or this Act
of such nature and duration and with such resulting irreparable damage to
the environment as to indicate an intent not to comply with the provisions
of the Federal Act or this Act.

(e) After the effective date of this amendatory Act of 1997,
the prohibition of subsection (d) shall not apply to a permit application due
to
any violation
resulting from an unanticipated event or condition at a surface coal mining
operation on lands eligible for remining under a permit held by the person
making such application.

As used in this subsection:

(1) "unanticipated event or condition" means an event or condition encountered in a