Sen. William R. Haine

Filed: 3/3/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 96 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Fluorspar and Underground Limestone Mines
5Act is amended by changing Section 1 as follows:
6    (225 ILCS 710/1)  (from Ch. 96 1/2, par. 4201)
7    Sec. 1. Application of Act; short title; definitions.
8    (a) This Act shall apply to all mines in the State of
9Illinois producing minerals within the meaning of that term, as
10hereinafter defined.
11    (b) This Act may be cited as the Fluorspar and Underground
12Limestone Mines Act.
13    (c) For the purpose of this Act the singular numbers when
14in reference to persons, acts, objects and things of whatsoever
15kind and description shall, whenever the context will permit,
16be taken and held to import and include the plural number and



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1the plural number shall similarly be taken and held to import
2and include the singular, and terms that impart the masculine
3gender shall be taken to impart and include the feminine gender
4as well.
5    (d) The term "mine," when used in the Act, shall include
6prospects, openings and open-cuts and workings, and shall
7embrace any and all parts of the property of such "mine" and
8mining plant on the surface or underground, that contribute
9directly or indirectly to the mining and handling of minerals.
10    Provided, that when a group of workings in proximity to one
11another and under one management are administered as distinct
12units each working shall be considered a separate mine.
13    (e) The term "mineral" when used in this Act shall mean
14whatever is recognized by the standard authorities as mineral,
15whether metalliferous or non-metalliferous, but shall not be
16held to embrace or include silica, granite, marble, salt, sand,
17gravel, clay, rock, coal, lignite, gas, oil or any substance
18extracted in solution or in the molten state through bore
20    (f) The term "operator" when used in this Act shall mean
21the person, firm, or body corporate, in immediate possession of
22any mine and its accessories as owner or lessee thereof, and as
23such responsible for the condition and management thereof.
24    (g) The term "superintendent" when used in this Act shall
25mean the person having the immediate supervision of the mine.
26    (h) The term "mine foreman" when used in this Act shall



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1mean the person who at any one time is charged with the general
2direction of the underground work.
3    (i) The term "inspector" when used in this Act shall
4signify the official State Inspector.
5    (j) The words "excavation" and "workings" when used in this
6Act shall signify any and all parts of a mine excavated or
7being excavated, including shafts, raises, tunnels, adits,
8open-cuts, and all working places, whether abandoned or in use.
9    (k) Whenever the expression "number of men" or "average
10number of men" employed in a mine are used in this Act as
11defining or constituting classes of mines to which this Act or
12any specific section, clauses, provision or rule thereof, does
13or does not apply, such expressions shall be construed to mean
14the average number of individuals employed during the previous
15year as shown by the returns to the mine inspector or by the
16books or pay roll of the mine, or by all of such means and such
17average number shall be determined by dividing the total number
18of man shifts by the number of days the mine worked during such
20    (l) The term "explosive" or "explosives" as used in this
21Act shall be held to mean and to include any chemical or any
22mechanical mixture that contains any oxidizing and combustible
23units or other ingredients in such proportions, quantities, or
24packing that an ignition by fire, by friction, by concussion,
25by percussion or by detonation of any part of the compound or
26mixture may cause such a sudden generation of highly heated



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1gases that the resultant gaseous pressures are capable of
2producing destructive effect on contiguous objects or of
3destroying life or limb.
4    (m) The term "person" when used in this Act shall be held
5to mean and include a firm or body corporate as well as natural
7    (n) The term "underground" as used in this Act shall be
8held to mean "within the limits of" any mine working or
9excavation and shall not exclude such workings or excavations
10as may not be covered over by rock or earth.
11    (o) The term "employees" and "men employed" shall be held
12to mean all individuals receiving compensation from the
13operator, directly or indirectly, for labor or services
14performed in connection with the mine and shall include
15contractors, lessors, lessees, tributers, or any one similarly
17(Source: P.A. 88-185.)
18    Section 10. The Surface-Mined Land Conservation and
19Reclamation Act is amended by changing Section 8 as follows:
20    (225 ILCS 715/8)  (from Ch. 96 1/2, par. 4509)
21    Sec. 8. Bond of operator; amount; sufficiency of surety;
22violations; compliance. Any bond herein provided to be filed
23with the Department by the operator shall be in such form as
24the Director prescribes, payable to the People of the State of



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1Illinois, conditioned that the operator shall faithfully
2perform all requirements of this Act and comply with all rules
3of the Department made in accordance with the provisions of
4this Act. Such bond shall be signed by the operator as
5principal, and by a good and sufficient corporate surety,
6licensed to do business in Illinois, as surety. The penalty of
7such bond shall be an amount between $600 and $10,000 $5,000
8per acre as determined by the Director for lands to be affected
9by surface mining, including slurry and gob disposal areas.
10Under circumstances where a written agreement between the
11operator and a third party require overburden to be removed,
12replaced, graded, and seeded in a manner that the necessary
13bond penalty exceeds $10,000 per acre, the Department shall
14require a bond amount sufficient to ensure the completion of
15the reclamation plan specified in the approved permit in the
16event of forfeiture. In no case shall the bond for the entire
17area under one permit be less than $600 per acre or $3,000,
18whichever is greater. Areas used for the disposal of slurry and
19gob shall continue under bond so long as they are in active
20use. In lieu of such bonds, the operator may deposit any
21combination of cash, certificates of deposits, government
22securities, or irrevocable letters of credit with the
23Department in an amount equal to that of the required surety
24bond on conditions as prescribed in this Section. The penalty
25of the bond or amount of other security shall be increased or
26reduced from time to time as provided in this Act. Such bond or



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1security shall remain in effect until the affected lands have
2been reclaimed, approved and released by the Department except
3that when the Department determines that grading and covering
4with materials capable of supporting vegetation in accordance
5with the plan has been satisfactorily completed, the Department
6shall release the bond or security except the amount of $100
7per acre which shall be retained by the Department until the
8reclamation according to Section 6 of this Act has been
9completed. Where an anticipated water impoundment has been
10approved by the Department in the reclamation plan, and the
11Department determines the impoundment will be satisfactorily
12completed upon completion of the operation, the bond covering
13such anticipated water impoundment area shall be released.
14    A bond filed as above prescribed shall not be cancelled by
15the surety except after not less than 90 days' notice to the
17    If the license to do business in Illinois of any surety
18upon a bond filed with the Department pursuant to this Act
19shall be suspended or revoked, the operator, within 30 days
20after receiving notice thereof from the Department, shall
21substitute for such surety a good and sufficient corporate
22surety licensed to do business in Illinois. Upon failure of the
23operator to make substitution of surety as herein provided, the
24Department shall have the right to suspend the permit of the
25operator until such substitution has been made.
26    The Department shall give written notice to the operator of



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1any violation of this Act or non-compliance with any of the
2rules and regulations promulgated by the Department hereunder
3and if corrective measures, approved by the Department, are not
4commenced within 45 days, the Department may proceed as
5provided in Section 11 of this Act to request forfeiture of the
6bond or security. The forfeiture shall be the amount of bond or
7security in effect at the time of default for each acre or
8portion thereof with respect to which the operator has
9defaulted. Such forfeiture shall fully satisfy all obligations
10of the operator to reclaim the affected land under the
11provisions of this Act.
12    The Department shall have the power to reclaim, in keeping
13with the provisions of this Act, any affected land with respect
14to which a bond has been forfeited.
15    Whenever an operator shall have completed all requirements
16under the provisions of this Act as to any affected land, he
17shall notify the Department thereof. If the Department
18determines that the operator has completed reclamation
19requirements and refuse disposal requirements and has achieved
20results appropriate to the use for which the area was
21reclaimed, the Department shall release the operator from
22further obligations regarding such affected land and the
23penalty of the bond shall be reduced proportionately.
24    Bonding aggregate mining operations under permit by the
25State is an exclusive power and function of the State. A home
26rule unit may not require bonding of aggregate mining



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1operations under permit by the State. This provision is a
2denial and limitation of home rule powers and functions under
3subsection (h) of Section 6 of Article VII of the Illinois
4Constitution of 1970.
5(Source: P.A. 91-938, eff. 1-11-01.)".