Rep. Dan Reitz
Filed: 1/8/2007
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1 | AMENDMENT TO SENATE BILL 895
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2 | AMENDMENT NO. ______. Amend Senate Bill 895 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Coal Mining Act is amended by changing | ||||||
5 | Sections 11.08 and 11.09 as follows: | ||||||
6 | (225 ILCS 705/11.08)
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7 | Sec. 11.08. Self-contained self-rescuer (SCSR) devices; | ||||||
8 | caches; strobe lights; luminescent signs.
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9 | (a) An operator must require each person underground to | ||||||
10 | carry a SCSR device on his or her person or, alternatively, a | ||||||
11 | SCSR device must be kept within 25 feet of the person | ||||||
12 | underground or may be kept more than 25 feet from the person | ||||||
13 | underground if done according to a plan approved by the Mining | ||||||
14 | Board. | ||||||
15 | (b) An operator must provide for each person who is | ||||||
16 | underground at least one SCSR device, in addition to the device | ||||||
17 | required under subsection (a), that provides protection for a | ||||||
18 | period of one hour or longer, to cover all persons in the mine. | ||||||
19 | This additional SCSR device must be kept within 25 feet of the | ||||||
20 | person underground or may be kept more than 25 feet from the | ||||||
21 | person underground if done according to a plan approved by the | ||||||
22 | Mining Board. | ||||||
23 | (c) If a mantrip or mobile equipment is used to enter or | ||||||
24 | exit the mine, additional SCSR devices, each of which must |
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1 | provide protection for a period of one hour or longer, must be | ||||||
2 | available for all persons who use such transportation from | ||||||
3 | portal to portal. | ||||||
4 | (c-5) Beginning July 31, 2007, in addition to the SCSR | ||||||
5 | devices required under subsections (a), (b), and (c) of this | ||||||
6 | Section, an operator must provide a minimum of 30 SCSR devices | ||||||
7 | in each cache located within a mine. All SCSR devices required | ||||||
8 | under this subsection (c-5) shall be stored in caches that are | ||||||
9 | conspicuous and readily accessible by each person in the mine. | ||||||
10 | If the average seam height of a mine is: | ||||||
11 | (1) less than 40 inches, caches must be located no more | ||||||
12 | than 2,200 feet apart throughout a mine; | ||||||
13 | (2) 40 inches or more, but less than 51 inches, caches | ||||||
14 | must be located no more than 3,300 feet apart throughout a | ||||||
15 | mine; | ||||||
16 | (3) 51 inches or more, but less than 66 inches, caches | ||||||
17 | must be located no more than 4,400 feet apart throughout a | ||||||
18 | mine; and | ||||||
19 | (4) 66 inches or more, caches must be located no more | ||||||
20 | than 5,700 feet apart throughout a mine. | ||||||
21 | An operator must submit for approval a plan addressing the | ||||||
22 | requirements of this subsection (c-5) to the Mining Board on or | ||||||
23 | before May 1, 2007.
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24 | (d) The Mining Board must require all operators to provide | ||||||
25 | additional SCSR devices in the primary and alternate escapeways | ||||||
26 | to ensure safe evacuation if the Mining Board determines that
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27 | If the SCSR devices required under subsections (a), (b), and | ||||||
28 | (c) , and (c-5) are not adequate to provide enough oxygen for | ||||||
29 | all persons to safely evacuate the mine under mine emergency | ||||||
30 | conditions , the mine operator must provide additional SCSR | ||||||
31 | devices in the primary and alternate escapeways to ensure safe | ||||||
32 | evacuation for all persons underground through both primary and | ||||||
33 | alternate escapeways. The Mining Board must determine the time | ||||||
34 | needed for safe evacuation under emergency conditions from each |
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1 | of those locations at 1,000 foot intervals. If the Mining Board | ||||||
2 | determines that additional SCSR devices are needed under this | ||||||
3 | subsection (d), the
The mine operator must submit a SCSR | ||||||
4 | storage plan to the Mining Board for approval. The mine | ||||||
5 | operator must include in the SCSR storage plan the location, | ||||||
6 | quantity, and type of additional SCSR devices, including, but | ||||||
7 | not limited to, SCSR devices required under subsections (a), | ||||||
8 | (b), (c), and (c-5) of this Section, each of which must provide | ||||||
9 | protection for a period of one hour or longer, that are stored | ||||||
10 | in the primary and alternate escapeways. The SCSR storage plan | ||||||
11 | must also show how each storage location in the primary and | ||||||
12 | alternate escapeways was determined. The Mining Board must | ||||||
13 | require the mine operator to demonstrate that the location, | ||||||
14 | quantity, and type of the additional SCSRs provide protection | ||||||
15 | to all persons to safely evacuate the mine. The SCSR storage | ||||||
16 | plan must be kept current by the mine operator and made | ||||||
17 | available for inspection by an authorized representative of the | ||||||
18 | Mining Board and by the miners' representative.
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19 | (e) (Blank)
All SCSR devices required under this Section | ||||||
20 | shall be stored in caches that are conspicuous and readily | ||||||
21 | accessible by each person in the mine .
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22 | (f) An operator must provide
require luminescent direction | ||||||
23 | signs leading to each cache and rescue chamber to be posted in | ||||||
24 | a mine, and a luminescent sign with the word
words | ||||||
25 | " SELF-CONTAINED SELF-RESCUER" or " SELF-CONTAINED | ||||||
26 | SELF-RESCUERS" must be conspicuously posted at each cache and | ||||||
27 | rescue chamber. | ||||||
28 | (g) Intrinsically safe, battery-powered strobe lights that | ||||||
29 | have been approved by the Department must be affixed to each | ||||||
30 | cache and rescue chamber and must be capable of automatic | ||||||
31 | activation in the event of an emergency ; however, until such | ||||||
32 | time as the Department approves intrinsically safe, | ||||||
33 | battery-powered strobe lights, reflective tape or any other | ||||||
34 | illuminated material approved by the Department must be affixed |
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1 | to each cache and rescue chamber in a mine .
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2 | (h) The Mining Board must adopt and impose a plan for the | ||||||
3 | daily inspection of SCSR devices required under subsections | ||||||
4 | (a), (b), and (c) of this Section in order to ensure that the | ||||||
5 | devices perform their designated functions each working day. | ||||||
6 | Additional SCSR devices required under subsections (c-5) and
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7 | subsection (d) must be inspected every 90 days to ensure that | ||||||
8 | the devices perform their designated functions, in addition to | ||||||
9 | meeting all federal Mine Safety and Health Administration | ||||||
10 | requirements. | ||||||
11 | (i) Any person who, without the authorization of the | ||||||
12 | operator or the Mining Board, knowingly removes or attempts to | ||||||
13 | remove any self-contained self-rescue device ,
or | ||||||
14 | battery-powered strobe light , reflective tape, or other any | ||||||
15 | other illuminated material approved by the Department from a | ||||||
16 | mine or mine site with the intent to permanently deprive the | ||||||
17 | operator of the device ,
or light , reflective tape, or | ||||||
18 | illuminated material or who knowingly tampers with or attempts | ||||||
19 | to tamper with the device ,
or light , reflective tape, or | ||||||
20 | illuminated material is guilty of a Class 4 felony. | ||||||
21 | (j) (Blank)
Beginning January 31, 2007, in addition to the | ||||||
22 | SCSR devices required under subsections (a), (b), and (c), an | ||||||
23 | operator must provide a minimum of 30 SCSR devices in each | ||||||
24 | cache located within a mine, in addition to federal Mine Safety | ||||||
25 | and Health Administration requirements. Caches must be located | ||||||
26 | no more than 4,000 feet apart throughout a mine .
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27 | (k) (Blank)
An operator must submit for approval a plan | ||||||
28 | addressing the requirements of subsection (j) of this Section | ||||||
29 | to the Mining Board within 3 months after the effective date of | ||||||
30 | this amendatory Act of the 94th General Assembly .
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31 | (Source: P.A. 94-1041, eff. 7-24-06.) | ||||||
32 | (225 ILCS 705/11.09)
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33 | Sec. 11.09. Rescue chambers.
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1 | (a) Rescue chambers approved by the Mining Board must be | ||||||
2 | provided at suitable locations throughout a mine. (b) Beginning | ||||||
3 | January 31, 2007, rescue chambers approved by the Mining Board | ||||||
4 | must be provided and located within 3,000 feet of each working | ||||||
5 | section of a mine , in accordance with a plan submitted by an | ||||||
6 | operator and approved by the Mining Board .
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7 | (b)
(c) An operator must submit a plan for approval | ||||||
8 | concerning the construction and maintenance of rescue chambers | ||||||
9 | required under this Section to the Mining Board on or before | ||||||
10 | May 1, 2007
within 3 months after the effective date of this | ||||||
11 | amendatory Act of the 94th General Assembly .
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12 | (Source: P.A. 94-1041, eff. 7-24-06.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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