99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0123

 

Introduced 1/14/2015, by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 710/Act rep.
225 ILCS 715/8  from Ch. 96 1/2, par. 4509

    Repeals the Fluorspar and Underground Limestone Mines Act. Amends the Surface-Mined Land Conservation and Reclamation Act. Changes certain provisions concerning the amount of any bond that is required to be filed with the Department of Natural Resources by an operator. Provides that the penalty of such bonds shall be an amount between $600 and $10,000 (was between $600 and $5,000) per acre as determined by the Director of Natural Resources for lands to be affected by surface mining, including slurry and gob disposal areas. Provides that, under circumstances where a written agreement between the operator and a third party require overburden to be removed, replaced, graded, and seeded in a manner that the necessary bond penalty exceeds $10,000 per acre, the Department shall require a bond amount sufficient to ensure the completion of the reclamation plan specified in the approved permit in the event of forfeiture. Provides that in no case shall the bond for the entire area under one permit be less than $600 per acre or $3,000, whichever is greater.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0123LRB099 02763 MGM 22771 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (225 ILCS 710/Act rep.)
5    Section 5. The Fluorspar and Underground Limestone Mines
6Act is repealed.
 
7    Section 10. The Surface-Mined Land Conservation and
8Reclamation Act is amended by changing Section 8 as follows:
 
9    (225 ILCS 715/8)  (from Ch. 96 1/2, par. 4509)
10    Sec. 8. Bond of operator; amount; sufficiency of surety;
11violations; compliance. Any bond herein provided to be filed
12with the Department by the operator shall be in such form as
13the Director prescribes, payable to the People of the State of
14Illinois, conditioned that the operator shall faithfully
15perform all requirements of this Act and comply with all rules
16of the Department made in accordance with the provisions of
17this Act. Such bond shall be signed by the operator as
18principal, and by a good and sufficient corporate surety,
19licensed to do business in Illinois, as surety. The penalty of
20such bond shall be an amount between $600 and $10,000 $5,000
21per acre as determined by the Director for lands to be affected
22by surface mining, including slurry and gob disposal areas.

 

 

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1Under circumstances where a written agreement between the
2operator and a third party require overburden to be removed,
3replaced, graded, and seeded in a manner that the necessary
4bond penalty exceeds $10,000 per acre, the Department shall
5require a bond amount sufficient to ensure the completion of
6the reclamation plan specified in the approved permit in the
7event of forfeiture. In no case shall the bond for the entire
8area under one permit be less than $600 per acre or $3,000,
9whichever is greater. Areas used for the disposal of slurry and
10gob shall continue under bond so long as they are in active
11use. In lieu of such bonds, the operator may deposit any
12combination of cash, certificates of deposits, government
13securities, or irrevocable letters of credit with the
14Department in an amount equal to that of the required surety
15bond on conditions as prescribed in this Section. The penalty
16of the bond or amount of other security shall be increased or
17reduced from time to time as provided in this Act. Such bond or
18security shall remain in effect until the affected lands have
19been reclaimed, approved and released by the Department except
20that when the Department determines that grading and covering
21with materials capable of supporting vegetation in accordance
22with the plan has been satisfactorily completed, the Department
23shall release the bond or security except the amount of $100
24per acre which shall be retained by the Department until the
25reclamation according to Section 6 of this Act has been
26completed. Where an anticipated water impoundment has been

 

 

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1approved by the Department in the reclamation plan, and the
2Department determines the impoundment will be satisfactorily
3completed upon completion of the operation, the bond covering
4such anticipated water impoundment area shall be released.
5    A bond filed as above prescribed shall not be cancelled by
6the surety except after not less than 90 days' notice to the
7Department.
8    If the license to do business in Illinois of any surety
9upon a bond filed with the Department pursuant to this Act
10shall be suspended or revoked, the operator, within 30 days
11after receiving notice thereof from the Department, shall
12substitute for such surety a good and sufficient corporate
13surety licensed to do business in Illinois. Upon failure of the
14operator to make substitution of surety as herein provided, the
15Department shall have the right to suspend the permit of the
16operator until such substitution has been made.
17    The Department shall give written notice to the operator of
18any violation of this Act or non-compliance with any of the
19rules and regulations promulgated by the Department hereunder
20and if corrective measures, approved by the Department, are not
21commenced within 45 days, the Department may proceed as
22provided in Section 11 of this Act to request forfeiture of the
23bond or security. The forfeiture shall be the amount of bond or
24security in effect at the time of default for each acre or
25portion thereof with respect to which the operator has
26defaulted. Such forfeiture shall fully satisfy all obligations

 

 

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1of the operator to reclaim the affected land under the
2provisions of this Act.
3    The Department shall have the power to reclaim, in keeping
4with the provisions of this Act, any affected land with respect
5to which a bond has been forfeited.
6    Whenever an operator shall have completed all requirements
7under the provisions of this Act as to any affected land, he
8shall notify the Department thereof. If the Department
9determines that the operator has completed reclamation
10requirements and refuse disposal requirements and has achieved
11results appropriate to the use for which the area was
12reclaimed, the Department shall release the operator from
13further obligations regarding such affected land and the
14penalty of the bond shall be reduced proportionately.
15    Bonding aggregate mining operations under permit by the
16State is an exclusive power and function of the State. A home
17rule unit may not require bonding of aggregate mining
18operations under permit by the State. This provision is a
19denial and limitation of home rule powers and functions under
20subsection (h) of Section 6 of Article VII of the Illinois
21Constitution of 1970.
22(Source: P.A. 91-938, eff. 1-11-01.)